Journal of the Senate of the State of Georgia regular session 1993 volume two, 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 TWO
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
ROCHDALE 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

WEDNESDAY, MARCH 10, 1993

1219

Senate Chamber, Atlanta, Georgia Wednesday, March 10, 1993 Thirty-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 and Senate:
HB 277. By Representatives McKinney of the 51st, Martin of the 47th and Felton of the 43rd: A bill to repeal an Act entitled "An Act to create a joint city-county board of tax assessors in all counties having within its borders all or the greater part of the population of 300,000 or more according to the 1950 or any future United States census, and to define its powers and duties; to create a board of tax appeals and equalization and to define its powers and duties".
HB 955. By Representatives Smith of the 109th and Jenkins of the 110th: A bill to provide a $15,000.00 homestead exemption from Lamar County ad valorem taxes for county purposes and a $15,000.00 homestead exemption from Lamar County School District ad valorem taxes for residents of that county and district who are totally disabled and whose annual net income does not exceed $20,000.00 and provide for conditions and procedures relating thereto.
HB 979. By Representatives Holland of the 157th and Hanner of the 159th: A bill to reconstitute the Board of Education of Lee County and provide for its powers, duties, rights, obligations and liabilities and subject it to certain constitutional and statutory provisions.
HB 1021. By Representatives Harris of the 112th and Bargeron of the 120th: A bill to amend an Act creating a board of commissioners for McDuffie County, so as to require the publication of an annual report relating to certain expenditures and fees.
HB 1022. 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 provide that any superior court judge currently serving in such circuit and any additional superior court judge appointed hereafter shall receive such local salary supplement.

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HB 1035. By Representative Oliver of the 154th:
A bill to amend an Act creating the Board of Commissioners of Evans County, so as to change the provisions relating to the compensation of the chairman and members of the board of commissioners.
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.
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.
The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:
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 officer; to provide an effective date.
The House has passed by the requisite constitutional majority the following bills of the Senate:
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.
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.
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.

WEDNESDAY, MARCH 10, 1993

1221

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 operation 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 House has passed, as amended, by the requisite constitutional majority the following bills of the Senate:
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.
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.
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 Fatality 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 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.
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 91. By Representatives Dover of the 9th, Murphy of the 18th, Coleman of the 142nd, Royal of the 164th, Harris of the 112th and others: A resolution re-creating the Joint Study Commission on Revenue Structure.
The House has agreed to the Senate substitutes to the following bills of the House:
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

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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 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 contractors, so as to change the definition of the term "conditioned air contracting".
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, scientific, technical, scholarly, or artistic issues is not subject to the provisions of said article.
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 agricultural or aquacultural food products or commodities.
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.
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.
The House has agreed to the Senate amendments to the following bills of the House:
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, maliciously and without the consent of all parties to the communication, to intercept, receive, or assist in intercepting or receiving a communication transmitted between cellular radio telephones or between any cellular radio telephone and a landline telephone.
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.

WEDNESDAY, MARCH 10, 1993

1223

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 counselors, so as to define what shall be considered a separate transaction with regard to fees received by insurance counselors.
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 Annotated, relating to special alternative incarceration, so as to provide that such special 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.
The House has agreed to the Senate substitute to the following resolution of the House:
HR 134. By Representative Birdsong of the 123rd: A resolution designating the Lanette O'Neal Faulk Memorial Bridge.
The following bills of the Senate were introduced, read the first time and referred to committees:
SB 388. By Senators Isakson of the 21st, Clay of the 37th, Thompson of the 33rd and Ragan of the 32nd: A bill to amend an Act creating the Cobb County Stadium Authority so as to change the provisions relating to the appointment of members to the Authority and their terms of office; to provide for an effective date.
Referred to Committee on Urban and County Affairs.
SB 389. By Senators Isakson of the 21st, Clay of the 37th, Thompson of the 33rd and Ragan of the 32nd: A bill to amend an Act creating the Cobb-Marietta Coliseum and Exhibit Hall Authority, as amended, so as to change the provision regarding the term of office of the member of the authority appointed by the board of commissioners of Cobb County; to provide for terms of office of four years for certain members of the authority; to provide for an effective date.
Referred to Committee on Urban and County Affairs.
SB 390. By Senators Alien of the 2nd and Coleman of the 1st: A bill to amend an Act providing for the compensation of certain officials in Chatham County, as amended, so as to change the compensation of certain officials.
Referred to Committee on Urban and County Affairs.
The following bills and resolution of the House were read the first time and referred to committees:
HB 277. By Representatives McKinney of the 51st, Martin of the 47th and Felton of the 43rd: A bill to repeal an Act entitled "An Act to create a joint city-county board of tax assessors in all counties having within its borders all or the greater part of the population of 300,000 or more according to the 1950 or any future United States

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JOURNAL OF THE SENATE

census, and to define its powers and duties; to create a board of tax appeals and equalization and to define its powers and duties". Referred to Committee on Urban and County Affairs (General).
HB 955. By Representative Smith of the 109th: A bill to provide a $15,000.00 homestead exemption from Lamar County ad valorem taxes for county purposes and a $15,000.00 homestead exemption from Lamar County School District ad valorem taxes for residents of that county and district who are totally disabled and whose annual net income does not exceed $20,000.00 and provide for conditions and procedures relating thereto.
Referred to Committee on Urban and County Affairs.
HB 979. By Representatives Holland of the 157th and Hanner of the 159th: A bill to reconstitute the Board of Education of Lee 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 1021. By Representatives Harris of the 112th and Bargeron of the 120th: A bill to amend an Act creating a board of commissioners for McDuffie County, so as to require the publication of an annual report relating to certain expenditures and fees.
Referred to Committee on Urban and County Affairs.
HB 1022. 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 provide that any superior court judge currently serving in such circuit and any additional superior court judge appointed hereafter shall receive such local salary supplement.
Referred to Committee on Urban and County Affairs.
HB 1035. By Representative Oliver of the 154th: A bill to amend an Act creating the Board of Commissioners of Evans County, so as to change the provisions relating to the compensation of the chairman and members of the board of commissioners.
Referred to Committee on Urban and County Affairs.
HR 91. By Representatives Dover of the 9th, Murphy of the 18th, Coleman of the 142nd and others: A resolution re-creating the Joint Study Commission on Revenue Structure.
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 718. Do pass.

WEDNESDAY, MARCH 10, 1993

1225

HB 429.

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 following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 362. Do pass by substitute. HB 384. Do pass by substitute.

HB 784. Do pass by substitute. HB 385. Do pass by substitute.

Respectfully submitted, Senator Starr of the 44th District, Chairman

Mr. President:

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

HB 536. Do pass by substitute.

HB 269. Do pass by substitute.

HB 346. HB 391. HB 630. HB 554.

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

HB 350. HB 797. HB 835. HR 168.

Do pass. Do pass by substitute. Do pass by substitute. 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 House and has instructed me to report the same back to the Senate with the following recommendation:
HB 376. 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 following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 100. Do pass by substitute. HB 728. Do pass as amended.
Respectfully submitted,
Senator Walker of the 22nd District, Chairman

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Mr. President:

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

HB 252. HB 322. HB 408. HB 409.

Do pass as amended. Do pass. Do pass. Do pass.

HB 410. HB 491. HB 569. HB 593.

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

Respectfully submitted,

Senator Walker of the 22nd District, Chairman

The following Memorandum from Senator Walker of the 22nd, Chairman of the Health and Human Services committee, was received and read by the Secretary:

The State Senate Atlanta, Georgia 30334

Memorandum

To:

Mr. Frank Eldridge

Secretary of the Senate

From:

Senator Charles Walker

Date:

March 9, 1993

Re:

Health and Human Services meeting on 3/9/93

Due to an unexpected appointment with Lieutenant Governor Howard I will be unable to preside over the Health and Human Services Committee meeting today at 2:00 pm. I authorize Vice Chairman Nadine Thomas to preside over this meeting and take action on the following House Bills:

HB 252

HB 569

HB 408
HB 409 HB 410

HB 593 HB 322

HB 491

HB 842

The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Health and Human Services has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 842. Do pass. Respectfully submitted, Senator Thomas of the 10th District, Vice Chairman
Mr. President:
The Committee on Insurance and Labor has had under consideration the following bills

WEDNESDAY, MARCH 10, 1993

1227

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

HB 213. Do pass.

HB 677. Do pass as amended.

HB 484. Do pass.

HB 741. Do pass.

Respectfully submitted,

Mr. President:

Senator Pollard of the 24th District, Chairman

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 109. Do pass.

HB 284. Do pass.

HB 140. HB 243. HB 244. HB 246.

Do pass. Do pHass. Do pass. Do pass.

HB 337 Do pass by substitute. HB 515. Do pass. HB m Do pass.

HB 261. Do pass by substitute.

HB 820. Do pass.

Respectfully submitted,

Mr. President:

Senator Oliver of the 42nd District, Chairman

The Committee on Natural Resources has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 257. 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 House and has instructed me to report the same back to the Senate with the following recommendations:
HB 566. Do pass by substitute. HB 651. Do pass. HB 720. Do pass.
Respectfully submitted,
Senator Gillis of the 20th District, Chairman Mr. President:

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

SR 19. Do pass.

SR 217. Do pass.

SR 198. Do pass.

SR 215. Do pass.

Respectfully submitted,

Senator Hooks of the 14th District, Chairman

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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 286. Do pass. HB 292. Do pass.

HB 826. Do pass. HB 719. Do pass.

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 House and has instructed me to report the same back to the Senate with the following recommendation:
HB 415. Do pass by substitute.
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 130. Do pass.

HB 659. Do pass.

HB 485. Do pass.

HB 870. 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 713. HB 916. HB 917.

Do pass. Do pass. Do pass.

HB 948. HB 950. HB 971. Respectfully submitted,

Do pass. Do pass. Do pass.

Senator Thompson of the 33rd District, Chairman

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bills and resolution of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 83. Do pass.
HB 84. Do pass.

WEDNESDAY, MARCH 10, 1993

1229

HR 360. 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:

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.

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.

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 conditions, such agent or enforcement officer shall be entitled as part of such officer's compensation to retain his or her weapon and badge.

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 combination thereof to commemorate and promote the 1996 Olympics to be held in Atlanta, Georgia.

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 licenses, and scope of licenses, so as to change the provisions relating to such licenses and for fees therefor.

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 notwithstanding certain relationships between members of the board and such financial institutions.

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.

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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.
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 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 Slotin Starr Taylor Thomas Thompson Turner Tysinger

Those not answering were Senators:

Abernathy Alien Gillis

Oliver Perdue Robinson

Scott Walker

The Lieutenant Governor led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Brown of the 26th introduced the chaplain of the day, Reverend Bruce Vaughn, pastor of Jeffersonville Baptist Church, Jeffersonville, Georgia, who offered scripture reading and prayer.

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1231

The following resolutions of the Senate were read and adopted:
SR 279. By Senator Cheeks of the 23rd: A resolution recognizing and commending Charles L. Skinner.
SR 280. By Senators Tysinger of the 41st, Coleman of the 1st, Burton of the 5th and Middleton of the 50th: A resolution commending Coach Puggy Blackmon of Georgia Tech.
SR 281. By Senators Tysinger of the 41st, Coleman of the 1st, Burton of the 5th and Middleton of the 50th: A resolution commending Coach Jim Morris of Georgia Tech.
SR 282. By Senators Tysinger of the 41st, Coleman of the 1st, Burton of the 5th and Middleton of the 50th: A resolution commending Coach Agnus Berenato of Georgia Tech.
SR 283. By Senators Tysinger of the 41st, Coleman of the 1st, Burton of the 5th and Middleton of the 50th: A resolution commending Coach Buddy Fowlkes of Georgia Tech.
SR 284. By Senator Abernathy of the 38th: A resolution recognizing John Marshall Law School.
SR 285. By Senator Dean of the 31st: A resolution commending and congratulating Herbert Preston Camp, Sr., on the occasion of his retirement.
SR 286. By Senator Farrow of the 54th: A resolution commending the Dalton High School Boys Swimming and Diving Team.
Senator Kemp of the 3rd moved that Senator Langford of the 29th be excused from the Senate today due to a death in the family.
On the motion, the yeas were 29, nays 0; the motion prevailed, and Senator Langford of the 29th was excused from the Senate today.
Senator Robinson of the 16th moved that Senator Gillis of the 20th be excused from the Senate today in order that he might attend a funeral.
On the motion, the yeas were 31, nays 0; the motion prevailed, and Senator Gillis of the 20th was excused from the Senate today.
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 Wednesday, March 10, 1993
THIRTY-FIFTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)

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HB 713 Taylor, 12th WEBSTER COUNTY
Reconstitutes the Board of Education of Webster County and provides for its powers, duties, rights, obligations and liabilities.

HB 916 Langford, 29th MERIWETHER COUNTY
Reconstitutes the Board of Education; provides for reapportionment of districts from which the members are elected.

HB 917 Langford, 29th MERIWETHER COUNTY
Creates the Board of Commissioners of Meriwether County; provides for reapportionment of the districts from which members are elected.

HB 948 Tysinger, 41st Newbill, 56th CITY OF NORCROSS
Creates a new charter for the City of Norcross; changes the corporate limits.

HB 950 Tysinger, 41st Newbill, 56th CITY OF NORCROSS
Provides a new charter for the City of Norcross; changes the terms of municipal office and the time for holding the general election.

HB 971 Ralston, 51st GORDON COUNTY
Provides a homestead exemption from certain ad valorem taxes for educational purposes in the amount of $20,000 of assessed value for certain residents who are 65 years of age or over.

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:

Balfour Boshears Broun of 46th Brown of 26th Burton Cheeks Coleman Crotts Day Dean Edge Farrow Garner Glanton

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

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

WEDNESDAY, MARCH 10, 1993

1233

Those not voting were Senators:

Abernathy Alien Baugh Blitch Bowen

Clay Dawkins Egan Gillis (excused) Henson

Langford of 29th (excused)
Oliver Thomas Walker

On the passage of all the local bills, the yeas were 42, nays 0.

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

SENATE RULES CALENDAR
Wednesday, March 10, 1993
THIRTY-FIFTH LEGISLATIVE DAY
HB 301 Public Record Disclosure--rejected Department of Transportation bids not open (Trans--1st)
HB 508 Driver's License Restoration--prohibit specifying particular DUI program (Pub Saf--23rd)
HB 206 Sheriffs--salaries (Amendment) (Pub Saf--24th)
HB 547 Certain Construction Heavy-Duty Equipment Owned by Nonresident--ad valorem taxation (F&PU--16th)
HB 77 Insurance Agent Licensing--display certificate by Insurance Commissioner (Sub stitute) (I&L--24th)
(Pursuant to Senate Rule 143, final passage of the bill was suspended on March 9, 1993.)
HB 528 Lake Blue Ridge--certain restrictions on marine toilets (Nat R--51st)
HB 543 Public Contractor Bonds--actions, breached bonds, security deposits (Amend ment) (Judy--51st)
HB 174 Recreational Bingo Games--licensing requirements (EDT&C--23rd)
HB 34 Automobile Tags--penalties, operating vehicle without revalidation decal (Pub Saf--52nd)
HB 242 Motor Common, Contract Carrier--exclude ambulance from definition (F&PU--12th)
HB 759 Certain Agricultural Industry Drivers--restricted commercial licenses (Pub Saf--18th)
HB 239 Teachers Retirement--portion of refunded contributions to retirement plan (Ret--53rd)
HB 653 Construction Industry Licensing Board--composition, selection (ST&I--41st)
HR 120 Health Services Programs Licensed by Georgia--include gerontology education (YA&HE--52nd)
HR 118 Joint Boundaries of Regional Development Centers Study Committee--create (U&CA G--33rd)
HB 386 Safety Fire Commissioner--revise provisions on fees (I&L--19th)
HB 47 Wiretapping, Eavesdropping--recording of those under 18 years of age (Substi tute) (Judy--54th)
HB 327 Magistrate Court Civil Proceedings--default judgments, appeals (S Judy--3rd)

1234

JOURNAL OF THE SENATE

HB 138 Sale, Distribution of Harmful Materials to Minors--computer network (Substi tute) (S Judy--32nd)
HB 218 Public Revenue Code--revise provisions on Georgia taxes (F&PU--44th) HB 107 Arrested Person--transporting to another city/county (Amendment) (Pub
Saf--54th) HB 90 Paternity Determination--change provisions on testing (Judy--12th) HB 585 Special License Plates--procedures enabling veterans to qualify (Pub Saf--23rd) HR 126 Gerontology, Geriatrics--information on course work, programs, careers
(H Ed--52nd) HB 149 Corporations, Partnerships--define "treasury shares" (Amendment)
(S Judy--40th) HB 462 Athlete Agent--define scope of practice (EDT&C--46th) HB 428 Residents Who Are Members of Organized Militia, Another State--rights
(D&VA--6th) HB 24 Driver's License Suspension for Certain Crimes, DUI--chemical tests
(S Judy--28th) HR 64 Regional Development Centers--ratify change of boundaries (U&CA G--33rd) HR 122 Baldwin County--conveyance of certain state property (F&PU--25th) HB 143 Courts--alternative dispute resolution programs, all counties (Judy--42nd)
Respectfully submitted, /s/ George Hooks of the 14th, Chairman
Senate Rules Committee
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
HB 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.
Senate Sponsor: Senator Coleman of the 1st.
Senators Clay of the 37th, Edge of the 28th, Egan of the 40th and Oliver of the 42nd offered the following amendment:
Amend HB 301 by striking on page 1, line 21, beginning with the word "and", and continuing to line 23, ending with the word "or".
Senator Dawkins of the 45th moved that HB 301 be placed on the Table.
On the motion, the yeas were 42, nays 1; the motion prevailed, and SB 301 was placed on the Table.
Senator Farrow of the 54th introduced the Dalton High School Boys Swimming and Diving Team, who were commended by SR 286, adopted previously.

WEDNESDAY, MARCH 10, 1993

1235

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

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.
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:

Abernathy 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 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:

Alien Gillis (excused) Henson

Langford of 29th (excused)

Thomas

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

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

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.
Senate Sponsor: Senator Pollard of the 24th.

1236

JOURNAL OF THE SENATE

The Senate Committee on Public Safety offered the following amendment:

Amend HB 206 by striking line 1 on page 1 and inserting in lieu thereof the following:

"To amend Code Section 15-6-88 of the Official Code of Georgia Annotated, relating to minimum annual salaries of the clerks of the superior courts, so as to change the minimum annual salaries of such clerks; to amend Code Section 15-16-20 of the Official Code".

By redesignating Section 1 as Section 2 and inserting a new Section 1 to read as follows:

"Section 1. Code Section 15-6-88 of the Official Code of Georgia Annotated, relating to minimum annual salaries of the clerks of the superior courts, is amended by striking subsec tion (a), which reads as follows:

'(a) Any other provision of law to the contrary notwithstanding, the minimum annual salary of each clerk of the superior court in each county of this state shall be fixed according to the population of the county in which he serves, as determined by the United States decennial census of 1990 or any future such census. Except as otherwise provided in subsec tion (b) of this Code section, each such clerk shall receive an annual salary, payable in equal monthly installments from the funds of the county, of not less than the amount fixed in the following schedule:

Population

Minimum Salary

0 -- 5,999 .....................................................$ 16,355.00 6,000 -- 11,999 ..................................................... 22,460.00 12,000 -- 19,999 ..................................................... 25,443.00 20,000 -- 29,999 ..................................................... 27,259.00 30,000 -- 39,999 ..................................................... 29,076.00 40,000 -- 49,999 ..................................................... 30,894.00 50,000 -- 99,999 ..................................................... 32,712.00 100,000 -- 199,999 ..................................................... 34,529.00 200,000 -- 249,999 ..................................................... 36,346.00 250,000 -- 294,999 ..................................................... 50,263.00 295,000 -- and up ..................................................... 55,486.00',

and inserting in lieu thereof a new subsection (a) to read as follows:

'(a) Any other provision of law to the contrary notwithstanding, the minimum annual salary of each clerk of the superior court in each county of this state shall be fixed according to the population of the county in which he serves, as determined by the United States decennial census of 1990 or any future such census. Except as otherwise provided in subsec tion (b) of this Code section, each such clerk shall receive an annual salary, payable in equal monthly installments from the funds of the county, of not less than the amount fixed in the following schedule:

Population

Minimum Salary

0 -- 5,999 ....................................................$ 17,483.00 6,000 -- 11,999.................................................... 24,010.00 12,000 -- 19,999.................................................... 27,199.00 20,000 -- 29,999.................................................... 29,140.00 30,000 -- 39,999.................................................... 31,082.00 40,000 -- 49,999.................................................... 33,026.00 50,000 -- 99,999.................................................... 34,969.00 100,000 -- 199,999.................................................... 36,912.00 200,000 -- 249,999.................................................... 38,854.00 250,000 -- 294,999.................................................... 53,731.00 295,000 -- and up .................................................... 59,315.00' "

By redesignating Sections 2 and 3 as Sections 3 and 4, respectively. Senator Ralston of the 51st moved that he be excused from voting on HB 206, stating

WEDNESDAY, MARCH 10, 1993

1237

that he had a personal interest in the results of the vote on the amendment, pursuant to Senate Rule 175.

On the motion, the yeas were 42, nays 0; the motion prevailed, and Senator Ralston of the 51st was excused from voting on HB 206.

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

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

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

Those voting in the affirmative were Senators:

Alien Boshears Bowen Broun of 46th Brown of 26th Cheeks Clay Coleman Day Dean Farrow Garner Harbison

Hemmer Henson Hill Hooks Huggins Kemp Langford of 35th Madden M arable Middleton Oliver Parrish

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

Those voting in the negative were Senators:

Baugh Burton Crotts

Dawkins Egan Gochenour

Isakson Ragan of 32nd Tysinger

Those not voting were Senators:

Abernathy Balfour Blitch Edge

Gillis (excused) Glanton Langford of 29th
(excused)

Newbill Ralston (excused) Walker

On the passage of the bill, the yeas were 37, nays 9.

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

Senator Walker of the 22nd introduced the doctor of the day, Dr. Gilbert W. Banks, of Waynesboro, Georgia.

Senator Abernathy of the 38th introduced La-Van Hawkins, owner of master franchise rights for Checkers Restaurants, who, having been recognized by SR 272, adopted previ ously, briefly addressed the Senate.

1238

JOURNAL OF THE SENATE

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
HB 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.
Senate Sponsor: Senator Robinson of the 16th.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

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

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

Those not voting were Senators:

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

Coleman Dean Egan

Gillis (excused) Langford of 29th
(excused)

Ragan of llth Scott Walker

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

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

WEDNESDAY, MARCH 10, 1993

1239

The following general bill of the House, having been read the third time and final ac tion suspended on March 9, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage:

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.

The substitute to HB 77 offered by Senator Pollard of the 24th on March 9, as it ap pears in the Journal of March 9, was automatically reconsidered and put upon its adoption.

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

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

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

Those voting in the affirmative were Senators:

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 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 Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Gillis (excused)

Langford of 29th (excused)

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

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

1240

JOURNAL OF THE SENATE

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

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.

The House amendment was as follows:

Amend SB 11 as follows: Add after "wheelchair" on line 33, page 4, "warranting parts and performance".

Senator Hooks of the 14th moved that the Senate agree to the House amendment to SB 11.

On the motion, 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 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 Ray Robinson Scott Slotin Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Gillis (excused)

Langford of 29th (excused)

Starr

On the motion, the yeas were 52, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 11.

WEDNESDAY, MARCH 10, 1993

1241

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

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 House amendment was as follows:
Amend SB 25 by adding before the period on line 11 of page 6 and before the period on line 9 of page 7 the following:
", but in no event shall such a temporary permit be issued to an applicant who has failed~tb pass the required examination".
Senator Thomas of the 10th moved that the Senate agree to the House amendment to SB 25.
On the motion, 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 Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Madden Marable Middleton Newbill Oliver

Those not voting were Senators:

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

Abernathy Blitch

Dawkins Gillis (excused)

Langford of 29th (excused)

On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 25.

1242

JOURNAL OF THE SENATE

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

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.

Senator Garner of the 30th moved that the Senate insist upon the Senate substitute to HB 223.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 223.

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

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 House amendment was as follows:

Amend SB 88 by striking on line 17 on page 3 the date "1995" and inserting in its place the date "1997".

Senator Isakson of the 21st moved that the Senate agree to the House amendment to SB 88.

On the motion, 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 Coleman Crotts Dawkins Day Dean Egan

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

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

Those not voting were Senators:

Abernathy Baugh Clay Edge

Gillis (excused) Hooks Langford of 29th
(excused)

Pollard Ralston Robinson Thomas

WEDNESDAY, MARCH 10, 1993

1243

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 88.

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

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 House substitute to SB 108 was as follows:

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 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 or otherwise sanctioned any license issued to the applicant by any board or agency in Georgia or any other state; or
(2) Was denied issuance of or, pursuant to disciplinary proceedings, refused renewal of a license by any board or agency in Georgia or any other state.
The question shall be answered under oath and the answer shall include the name of the board or agency which revoked, suspended, denied, refused renewal of, or otherwise sanctioned 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.

Senator Isakson of the 21st moved that the Senate agree to the House substitute to SB 108.

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

Those voting in the affirmative were Senators:

Alien Balfour Blitch Boshears Bowen Brown of 26th Burton Cheeks Clay

Coleman Crotts Dawkins Day Dean Egan Farrow Glanton Gochenour

Harbison Hemmer Henson Hill Huggins Isakson Kemp Langford of 35th Madden

1244

JOURNAL OF THE SENATE

Marable Middleton Newbill POalirvreisrh
Perdue
Pollard

Ragan of llth Ragan of 32nd Ralston
Ray Robinson Scott

Starr Taylor Thomas _T,hompson
Turner
Tysinger

Those not voting were Senators:

Abernathy Baugh Broun of 46th Edge

Garner Gillis (excused) Hooks

Langford of 29th (excused)
Slotin Walker

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 108.

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

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.

The House substitute to SB 183 was as follows:

A BILL
To be entitled an Act to amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, approved February 7, 1950 (Ga. L. 1950, p. 2068), as amended, particularly by an Act approved March 28, 1990 (Ga. L. 1990, p. 4646), so as to change the compensation of said officer; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act placing the judge of the Probate Court of Clayton County on an annual salary, approved February 7, 1950 (Ga. L. 1950, p. 2068), as amended, particularly by an Act approved March 28, 1990 (Ga. L. 1990, p. 4646), is amended by striking Section 1 and substituting in lieu thereof the following:
"Section 1. The salary provided in this section for the judge of the probate court shall be his full and complete compensation; and all fees or other emoluments now allowed, or hereafter allowed by any authority of law, including compensation earned as custodian of vital records or any source for which said judge is entitled heretofore and which he earns or receives by reason of being the probate judge whether under color of the office of probate judge or not shall henceforth be county funds and accountable as such in the same manner as other county funds received by said judge of the probate court. The salary of said judge of the probate court shall be $63,550.00 per annum payable monthly out of the funds of Clayton County. In addition, said judge shall receive a salary supplement of $2,400.00 per annum payable in equal monthly installments from county funds for service as election su perintendent as provided for in Code Section 15-9-64 of the O.C.G.A."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Starr of the 44th moved that the Senate agree to the House substitute to SB 183.

WEDNESDAY, MARCH 10, 1993

1245

On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 183.

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

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.
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:

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

Egan Farrow 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 Ray Robinson Scott Slotin Starr Taylor Thompson Tysinger Walker

Those not voting were Senators:

Dawkins Edge Garner Gillis (excused)

Henson Langford of 29th
(excused)

Thomas Turner

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

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

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.
Senate Sponsor: Senator Ralston of the 51st.

1246

JOURNAL OF THE SENATE

The Senate Committee on Judiciary offered the following amendment:

Amend HB 543 by striking from lines 1 and 2 on page 6 the following: "Code Section 44-14-361.5", and inserting in lieu thereof the following: "paragraph (2) of subsection (b) of this Code section".

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

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

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

Those voting in the affirmative were Senators:

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

Farrow 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
Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Coleman Garner

Gillis (excused) Henson

Langford of 29th (excused)

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 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.
Senate Sponsor: Senator Cheeks of the 23rd.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

WEDNESDAY, MARCH 10, 1993

1247

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 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 Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Garner

Gillis (excused)

Langford of 29th (excused)

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

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

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.
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 Crotts Dawkins Day Dean Edge Egan Farrow Glanton

Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Madden

1248

JOURNAL OF THE SENATE

Marable Middleton
JJwbUl POal1rvreisrh Perdue Pollard

Ragan of llth Ragan of 32nd
Ray RDobu-inson Scott Slotin

Voting in the negative was Senator Langford of 35th.

Starr Taylor
Thompson Trr.urner Tysinger Walker

Those not voting were Senators:

Coleman Garner Gillis (excused)

Langford of 29th (excused)

Ralston Thomas

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

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

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".
Senate Sponsor: Senator Taylor of the 12th.

Senators Taylor of the 12th and Perdue of the 18th offered the following amendment:

Amend HB 242 by adding preceding "to make certain" on line 5 of page 1 the following:
"to change the provisions relating to the definition of the terms 'motor common carrier' and 'motor contract carrier'; to change the provisions relating to the exception from such definition; to require certain reflectors on certain pulpwood trailers and pole trailers;".
By striking lines 16 and 17 of page 1 and inserting in lieu thereof the following:
"subparagraph, the term terms 'motor common carrier' and 'motor contract carrier' shall not include:".
By adding following the word "section" on line 26 of page 5 the following:
"; provided, further, that pulpwood trailers and pole trailers with a manufacturer's gross weight rated capacity of 10,001 pounds or more engaged solely in the transportation of unmanufactured forest products shall have two amber side marker reflectors on each side of the trailer chassis between the rear of the tractor cab and the rearmost support for the load. All such reflectors shall be not less than four inches in diameter".

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:

Abernathy Alien

Balfour Baugh

Blitch Boshears

WEDNESDAY, MARCH 10, 1993

1249

Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Edge Egan Garner 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 Ray Robinson Scott Slotin Starr Taylor Turner Tysinger Walker

Those voting in the negative were Senators:

Farrow

Glanton

Thompson

Those not voting were Senators:

Gillis (excused) Isakson

Langford of 29th (excused)

Thomas

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

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

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.
Senate Sponsor: Senator Perdue of the 18th.

Senators Perdue of the 18th and Bowen of the 13th offered the following amendment:

"shalAl"m, end HB 759 by deleting on page 3, line 8, the words "is authorized to" and inserting And by inserting on line 10, page 3, the words "by September 1, 1993." after ".".

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

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

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour

Baugh Blitch Boshears

Bowen Broun of 46th Brown of 26th

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JOURNAL OF THE SENATE

Burton Cheeks Clay Coleman Crotts Day Dean Edge Egan Farrow Glanton Gochenour Harbison Hemmer

Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Madden Marable Middleton Newbill Oliver Parrish

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

Those not voting were Senators:

Dawkins Garner Gillis (excused)

Langford of 29th (excused)
Ragan of llth

Scott Walker

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

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

HB 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.
Senate Sponsor: Senator Huggins of the 53rd.

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: House Bill 239 (LC 21 1992) Teachers Retirement System

This bill authorizes the Board of Trustees of the Teachers Retirement System to pay the taxable portion of any refunded contributions directly to an eligible retirement plan as defined in the Federal Internal Revenue Code.

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

WEDNESDAY, MARCH 10, 1993

1251

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

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

Egan Farrow Garner 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 Slotin Starr Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Day Gillis (excused) Langford of 29th
(excused)

Parrish Scott

Walker

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

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

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.
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 Balfour Baugh Blitch Boshears Bowen

Brown of 26th Burton Cheeks Clay Coleman Crotts

Dawkins Day Dean Edge Egan Farrow

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JOURNAL OF THE SENATE

Garner 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 Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Alien Broun of 46th Gillis (excused)

Langford of 29th (excused)

Walker

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

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

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.
Senate Sponsor: Senator Marable of the 52nd.

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
Bruorwto,nn of 26th CC1heeks Coleman Crotts Dawkins Day Dean Edge

Egan Farrow Garner Glanton Gochenour
Harbison Hengon
HHomoks HITuggm. s Isakson Kemp Langford of 35th Madden Marable Middleton

Newbill Oliver Pollard Ragan of llth Ragan of 32nd
Ralston Ray
RSloobtiinnson S,,.tarr T^lor Thomas Thompson Turner Tysinger Walker

WEDNESDAY, MARCH 10, 1993

1253

Those not voting were Senators:

Alien Gillis (excused) Hemmer

Langford of 29th (excused)
Parrish

Perdue Scott

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

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

The following general resolution of the House, having been withdrawn from the Senate Committee on Rules on February 17 and committed to the Senate Committee on Urban and County Affairs (General), and favorably reported by the committee, was read the third time and put upon its adoption:

HR 118. By Representative Lane of the 55th: A resolution creating the Joint Boundaries of Regional Development Centers Study Committee.
Senate Sponsor: Senator Thompson of the 33rd.

Senator Thompson of the 33rd offered the following amendment:

Amend HR 118 by striking on lines 19 and 20, page 1, the sentence,
"The Speaker shall designate a member of the Committee as Chairperson of the Committee.";
And by adding in lieu thereof on lines 19 and 20, page 1, the following:
"The Speaker and Lieutenant Governor shall appoint Co-Chairs of the Committee."

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, 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 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 ivay Robinson bcott olotm Starr Taylor Thomas Thompson Turner Tysinger Walker

1254

JOURNAL OF THE SENATE

Those not voting were Senators:

Garner Gillis (excused)

Langford of 29th (excused)

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

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

The President announced that the Senate would stand in recess from 12:00 o'clock Noon until 1:30 o'clock P.M.

At 1:30 o'clock P.M., the President called the Senate to order.

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

Mr. President:

HR 427. 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 to provide for the nomination and election of the state auditor.

The Resolution, having been adopted by the House, the ayes were 161, nays were 0.

Pursuant to Code Section 50-6-1 of the Official Code of Georgia Annotated, Claude L. Vickers, having been nominated and having received a majority vote of the membership of the House of Representatives, is hereby elected State Auditor subject to confirmation by the Senate.

The House has passed by the requisite constitutional majority the following bills of the House:

HB 634. By Representatives Buck of the 135th and Smyre of the 136th:
A bill to provide for a new charter for the county-wide government of Columbus, Georgia.

HB 876. By Representatives Coleman of the 142nd, Floyd of the 138th and Byrd of the 170th:
A bill to provide for a local salary supplement to the compensation, expenses, and allowances of the judges of the superior courts of the Oconee Judicial Circuit.

HB 983. By Representatives Barnes of the 33rd, Ehrhart of the 36th, Vaughan of the 34th and others:
A bill to amend an Act known as the "South Cobb Development Authority Act," so as to provide additional members of the authority.

HB 1023. By Representatives Harris of the 112th, Williams of the 114th, Bargeron of the 120th and Moore of the 113th:
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, so as to provide that any superior court judge currently serving in

WEDNESDAY, MARCH 10, 1993

1255

such circuit and any additional superior court judge appointed hereafter shall receive such local salary supplement.
HB 1028. By Representative Carrell of the 87th:
A bill to amend an Act to reincorporate the City of Monroe in the County of Walton, so as to provide new election districts.
HB 1031. By Representative Birdsong of the 123rd:
A bill to amend an Act placing the sheriff of Wilkinson County on an annual salary, so as to change the compensation and benefits of said sheriff; to provide for minimum personnel for the office of such sheriff and provide for the compen sation and benefits of such personnel.
HB 1032. By Representative Birdsong of the 123rd:
A bill to amend an Act abolishing the prior method of compensating the Clerk of the Superior Court of Wilkinson County, known as the fee system, and providing an annual salary for such officer, so as to change the compensation, benefits, and expenses of such clerk; to provide for minimum personnel for the office of such clerk and for the compensation and benefits of such personnel.
HB 1033. By Representative Birdsong of the 123rd:
A bill to amend an Act creating the office of tax commissioner of Wilkinson County, so as to change the provisions relating to the compensation and benefits of such officer; to provide for minimum personnel for the office of the tax com missioner and for the compensation and benefits of such personnel.
HB 1036. By Representative Floyd of the 138th:
A bill to amend an Act providing for the Board of Education of Pulaski County and consolidating and restating provisions of law relative thereto, so as to change the composition of the education districts.
HB 1037. By Representatives Moore of the 113th, Harris of the 112th and Bargeron of the 120th:
A bill to amend an Act providing for the election of the members of the board of education of Columbia County, so as to provide for an increase in the compensa tion of such members.
HB 1038. By Representatives Bordeaux of the 151st, Johnson of the 153rd, Pelote of the 149th and Johnson of the 148th:
A bill to amend an Act authorizing the governing authority of Chatham County to provide an additional supplement to the salaries of each of the judges of the superior courts of the Eastern Judicial Circuit, so as to change the provisions relating to such additional supplement.
HB 1039. By Representative Greene of the 158th:
A bill to provide a new charter for the City of Omaha.
HB 1040. By Representatives Mosley of the 171st and Byrd of the 170th:
A bill to provide for a supplement to the salaries of the judges of the superior courts and the district attorney of the Brunswick Judicial Circuit; to authorize Wayne County to increase such salary supplement.

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JOURNAL OF THE SENATE

HB 1041. By Representatives Chandler of the 99th and Hembree of the 98th:
A bill to amend an Act creating the Douglasville-Douglas County Charter Com mission, so as to change the provisions relating to the referendum for the submis sion of the proposed county-wide government charter to the qualified voters for approval or rejection.
HB 1042. By Representative Patten of the 176th:
A bill to amend an Act creating a board of commissioners for Lanier County, so as to change the provisions relating to the compensation of the chairman and other members of the board of commissioners.
HB 1043. By Representatives McBee of the 88th, Heard of the 89th and Scoggins of the 24th:
A bill to transfer the intake and probation services of Athens-Clarke County to the state-wide juvenile and intake services funded by the Georgia Department of Children and Youth Services.
HB 1044. By Representatives O'Neal of the 75th and Bunn of the 74th:
A bill to amend an Act providing a homestead exemption from certain Rockdale County School District ad valorem taxes for educational purposes in certain graduated amounts of the assessed value of the homestead for certain residents of that school district who are 65 years of age or over or permanently disabled, so as to provide that such exemption shall apply to taxes to retire school bond indebtedness.
HB 1045. By Representatives Lakly of the 105th and Westmoreland of the 104th:
A bill to amend an Act creating the Board of Commissioners of Fayette County, so as to change the provision relating to the compensation of the chairman of the Board of Commissioners of Fayette County and members of the Board of Com missioners of Fayette County.
HB 1046. By Representative Birdsong of the 123rd:
A bill to amend an Act designating the judge of the Probate Court of Wilkinson County to serve as the chief magistrate of the Magistrate Court of Wilkinson County, so as to change the compensation and benefits that the chief magistrate, magistrates, and clerk of that court receives for their services.
HB 1047. By Representative Greene of the 158th:
A bill to amend an Act relating to the Magistrate Court of Randolph County, so as to provide for the election of the chief magistrate of the Magistrate Court of Randolph County on and after a certain date; to provide that the judge of the Probate Court of Randolph County shall not serve as chief magistrate on or after a certain date or the occurrence of a certain event.
HB 1048. By Representative Greene of the 158th:
A bill to authorize the chief magistrate of Clay County to serve as deputy clerk of the Superior Court of Clay County.

WEDNESDAY, MARCH 10, 1993

1257

HB 1049. By Representatives Floyd of the 172nd, Mosley of the 171st, Oliver of the 154th and Tillman of the 173rd: A bill to provide a board of elections for Liberty County.
HB 1050. By Representatives Dixon of the 150th, Johnson of the 153rd, Pelote of the 149th, Mueller of the 152nd and Johnson of the 148th: A bill to amend an Act creating a new charter for the City of Pooler, so as to change the corporate limits of the City of Pooler.
HB 1051. By Representative Pinholster of the 15th: A bill to amend an Act providing for a new charter for the City of Nelson, so as to provide for reincorporation of the City of Nelson.
HB 1052. By Representative Pinholster of the 15th: A bill to amend an Act providing a new charter for the City of Jasper in the County of Pickens, so as to extend the corporate boundaries.
HB 1054. By Representatives Watts of the 26th and Murphy of the 18th: A bill to amend an Act authorizing the establishment of a civil service system in Paulding County, so as to change the provisions relating to the duties and func tions of the civil service board of Paulding County.
HB 1055. By Representatives Lewis of the 14th and Cummings of the 27th: A bill to amend an Act providing a new charter for the City of Euharlee, so as to change the maximum amount of fine which the mayor's court may fix as punish ment for crimes against the city and for violations of its ordinances.
HB 1056. By Representatives Lewis of the 14th, Cummings of the 27th and Childers of the 13th: A bill to create a board of elections and registration for Bartow County and pro vide for its powers and duties.
HB 1057. By Representatives Poston of the 3rd and Snow of the 2nd: A bill to amend an Act placing the judge of the probate court and the clerk of the Superior Court of Catoosa County on an annual salary in lieu of fees, so as to increase the salary of the judge of the probate court; to increase the clerical help allowance for the judge of the probate court; to increase the clerical help allow ance of the clerk of the superior court.
HB 1058. By Representatives Poston of the 3rd and Snow of the 2nd: A bill to amend an Act creating a board of utilities commissioners for Catoosa County, so as to change the provisions relating to the compensation of the mem bers of the board of utilities commissioners.
HB 1060. By Representatives Smith of the 109th and Jenkins of the 110th: A bill to amend an Act providing a new charter for the City of Barnesville, so as to provide for a director of utilities and public works; to change the provisions relating to the city administrator.
HB 1061. By Representatives Poston of the 3rd and Snow of the 2nd: A bill to amend an Act creating the office of Commissioner of Catoosa County, so as to provide for a County Manager of Catoosa County and the compensation and qualifications thereof.

1258

JOURNAL OF THE SENATE

HB 1067. By Representatives Harris of the 112th and Bargeron of the 120th: A bill to amend an Act creating a new charter for the City of Thomson, so as to require the publication of an annual report relating to certain expenditures and fees.
HB 1068. By Representatives Harris of the 112th and Bargeron of the 120th: A bill to amend an Act providing for a seven-member board of education of McDufBe County, so as to require the publication of an annual reporting relating to certain expenditures and fees.
HB 1069. By Representative Shanahan of the 10th: A bill to amend an Act to provide a new charter for the City of Calhoun, so as to authorize the governing authority of the City of Calhoun to appropriate up to $5,000.00 per fiscal year to Winner's Club of Calhoun, Inc.
HB 1070. By Representatives Carlisle of the 107th and Yates of the 106th: A bill to amend an Act creating the Griffin-Spalding County School System, so as to change the description of the districts from which are elected members of the Griffin-Spalding County Board of Education.
HB 1076. By Representatives Skipper of the 137th and James of the 140th: A bill to create and establish the Ellaville-Schley County Charter Commission.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:
SB 285. By Senators Thompson of the 33rd, Ragan of the 32nd, Clay of the 37th and others: 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.
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.
The following resolution and bills of the House were read the first time and referred to committees:
HR 427. By Representatives Murphy of the 18th, Connell of the 115th, Walker of the 141st and others: A resolution to provide for the nomination and election of the state auditor.
Referred to Committee on Rules.
HB 634. By Representatives Buck of the 135th and Smyre of the 136th: A bill to provide for a new charter for the county-wide government of Columbus, Georgia.
Referred to Committee on Urban and County Affairs.

WEDNESDAY, MARCH 10, 1993

1259

HB 876. By Representatives Coleman of the 142nd, Floyd of the 138th and Byrd of the 170th:
A bill to provide for a local salary supplement to the compensation, expenses, and allowances of the judges of the superior courts of the Oconee Judicial Circuit. Referred to Committee on Urban and County Affairs.
HB 983. By Representatives Barnes of the 33rd, Ehrhart of the 36th, Vaughan of the 34th and others:
A bill to amend an Act known as the "South Cobb Development Authority Act," so as to provide additional members of the authority. Referred to Committee on Urban and County Affairs.
HB 1023. By Representatives Harris of the 112th, Williams of the 114th, Bargeron of the 120th and Moore of the 113th:
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, so as to provide that any superior court judge currently serving in such circuit and any additional superior court judge appointed hereafter shall receive such local salary supplement. Referred to Committee on Urban and County Affairs.
HB 1028. By Representative Carrell of the 87th:
A bill to amend an Act to reincorporate the City of Monroe in the County of Walton, so as to provide new election districts. Referred to Committee on Urban and County Affairs.
HB 1031. By Representative Birdsong of the 123rd:
A bill to amend an Act placing the sheriff of Wilkinson County on an annual salary, so as to change the compensation and benefits of said sheriff; to provide for minimum personnel for the office of such sheriff and provide for the compen sation and benefits of such personnel.
Referred to Committee on Urban and County Affairs.
HB 1032. By Representative Birdsong of the 123rd:
A bill to amend an Act abolishing the prior method of compensating the Clerk of the Superior Court of Wilkinson County, known as the fee system, and providing an annual salary for such officer, so as to change the compensation, benefits, and expenses of such clerk; to provide for minimum personnel for the office of such clerk and for the compensation and benefits of such personnel. Referred to Committee on Urban and County Affairs.
HB 1033. By Representative Birdsong of the 123rd:
A bill to amend an Act creating the office of tax commissioner of Wilkinson County, so as to change the provisions relating to the compensation and benefits of such officer; to provide for minimum personnel for the office of the tax com missioner and for the compensation and benefits of such personnel. Referred to Committee on Urban County Affairs.

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JOURNAL OF THE SENATE

HB 1036. By Representative Floyd of the 138th: A bill to amend an Act providing for the Board of Education of Pulaski County and consolidating and restating provisions of law relative thereto, so as to change the composition of the education districts.
Referred to Committee on Urban and County Affairs.
HB 1037. By Representatives Moore of the 113th, Harris of the 112th and Bargeron of the 120th: A bill to amend an Act providing for the election of the members of the board of education of Columbia County, so as to provide for an increase in the compensa tion of such members.
Referred to Committee on Urban and County Affairs.
HB 1038. By Representatives Bordeaux of the 151st, Johnson of the 153rd, Pelote of the 149th and Johnson of the 148th: A bill to amend an Act authorizing the governing authority of Chatham County to provide an additional supplement to the salaries of each of the judges of the superior courts of the Eastern Judicial Circuit, so as to change the provisions relating to such additional supplement.
Referred to Committee on Urban and County Affairs.
HB 1039. By Representative Greene of the 158th: A bill to provide a new charter for the City of Omaha.
Referred to Committee on Urban and County Affairs.
HB 1040. By Representatives Mosley of the 171st and Byrd of the 170th: A bill to provide for a supplement to the salaries of the judges of the superior courts and the district attorney of the Brunswick Judicial Circuit; to authorize Wayne County to increase such salary supplement.
Referred to Committee on Urban and County Affairs.
HB 1041. By Representatives Chandler of the 99th and Hembree of the 98th: A bill to amend an Act creating the Douglasville-Douglas County Charter Com mission, so as to change the provisions relating to the referendum for the submis sion of the proposed county-wide government charter to the qualified voters for approval or rejection.
Referred to Committee on Urban and County Affairs.
HB 1042. By Representative Patten of the 176th: A bill to amend an Act creating a board of commissioners for Lanier County, so as to change the provisions relating to the compensation of the chairman and other members of the board of commissioners.
Referred to Committee on Urban and County Affairs.
HB 1043. By Representatives McBee of the 88th, Heard of the 89th and Scoggins of the 24th: A bill to transfer the intake and probation services of Athens-Clarke County to the state-wide juvenile and intake services funded by the Georgia Department of Children and Youth Services.
Referred to Committee on Urban and County Affairs.

WEDNESDAY, MARCH 10, 1993

1261

HB 1044. By Representatives O'Neal of the 75th and Bunn of the 74th:
A bill to amend an Act providing a homestead exemption from certain Rockdale County School District ad valorem taxes for educational purposes in certain graduated amounts of the assessed value of the homestead for certain residents of that school district who are 65 years of age or over or permanently disabled, so as to provide that such exemption shall apply to taxes to retire school bond indebtedness. Referred to Committee on Urban and County Affairs.
HB 1045. By Representatives Lakly of the 105th and Westmoreland of the 104th: A bill to amend an Act creating the Board of Commissioners of Fayette County, so as to change the provision relating to the compensation of the chairman of the Board of Commissioners of Fayette County and members of the Board of Com missioners of Fayette County.
Referred to Committee on Urban and County Affairs.
HB 1046. By Representative Birdsong of the 123rd:
A bill to amend an Act designating the judge of the Probate Court of Wilkinson County to serve as the chief magistrate of the Magistrate Court of Wilkinson County, so as to change the compensation and benefits that the chief magistrate, magistrates, and clerk of that court receives for their services. Referred to Committee on Urban and County Affairs.
HB 1047. By Representative Greene of the 158th: A bill to amend an Act relating to the Magistrate Court of Randolph County, so as to provide for the election of the chief magistrate of the Magistrate Court of Randolph County on and after a certain date; to provide that the judge of the Probate Court of Randolph County shall not serve as chief magistrate on or after a certain date or the occurrence of a certain event.
Referred to Committee on Urban and County Affairs.
HB 1048. By Representative Greene of the 158th: A bill to authorize the chief magistrate of Clay County to serve as deputy clerk of the Superior Court of Clay County.
Referred to Committee on Urban and County Affairs.
HB 1049. By Representatives Floyd of the 172nd, Mosley of the 171st, Oliver of the 154th and Tillman of the 173rd: A bill to provide a board of elections for Liberty County.
Referred to Committee on Urban and County Affairs.
HB 1050. By Representatives Dixon of the 150th, Johnson of the 153rd, Pelote of the 149th and others: A bill to amend an Act creating a new charter for the City of Pooler, so as to change the corporate limits of the City of Pooler.
Referred to Committee on Urban and County Affairs.
HB 1051. By Representative Pinholster of the 15th:
A bill to amend an Act providing for a new charter for the City of Nelson, so as to provide for reincorporation of the City of Nelson. Referred to Committee on Urban and County Affairs.

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JOURNAL OF THE SENATE

HB 1052. By Representative Pinholster of the 15th: A bill to amend an Act providing a new charter for the City of Jasper in the County of Pickens, so as to extend the corporate boundaries.
Referred to Committee on Urban and County Affairs.
HB 1054. By Representatives Watts of the 26th and Murphy of the 18th:
A bill to amend an Act authorizing the establishment of a civil service system in Paulding County, so as to change the provisions relating to the duties and func tions of the civil service board of Paulding County. Referred to Committee on Urban and County Affairs.
HB 1055. By Representatives Lewis of the 14th and Cummings of the 27th: A bill to amend an Act providing a new charter for the City of Euharlee, so as to change the maximum amount of fine which the mayor's court may fix as punish ment for crimes against the city and for violations of its ordinances.
Referred to Committee on Urban and County Affairs.
HB 1056. By Representatives Lewis of the 14th, Cummings of the 27th and Childers of the 13th: A bill to create a board of elections and registration for Bartow County and pro vide for its powers and duties.
Referred to Committee on Urban and County Affairs.
HB 1057. By Representatives Poston of the 3rd and Snow of the 2nd: A bill to amend an Act placing the judge of the probate court and the clerk of the Superior Court of Catoosa County on an annual salary in lieu of fees, so as to increase the salary of the judge of the probate court; to increase the clerical help allowance for the judge of the probate court; to increase the clerical help allow ance of the clerk of the superior court.
Referred to Committee on Urban and County Affairs.
HB 1058. By Representatives Poston of the 3rd and Snow of the 2nd: A bill to amend an Act creating a board of utilities commissioners for Catoosa County, so as to change the provisions relating to the compensation of the mem bers of the board of utilities commissioners.
Referred to Committee on Urban and County Affairs.
HB 1060. By Representatives Smith of the 109th and Jenkins of the 110th: A bill to amend an Act providing a new charter for the City of Barnesville, so as to provide for a director of utilities and public works; to change the provisions relating to the city administrator.
Referred to Committee on Urban and County Affairs.
HB 1061. By Representatives Poston of the 3rd and Snow of the 2nd: A bill to amend an Act creating the office of Commissioner of Catoosa County, so as to provide for a County Manager of Catoosa County and the compensation and qualifications thereof.
Referred to Committee on Urban and County Affairs.

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1263

HB 1067. By Representatives Harris of the 112th and Bargeron of the 120th:
A bill to amend an Act creating a new charter for the City of Thomson, so as to require the publication of an annual report relating to certain expenditures and fees.
Referred to Committee on Urban and County Affairs.

HB 1068. By Representatives Harris of the 112th and Bargeron of the 120th:
A bill to amend an Act providing for a seven-member board of education of McDuffie County, so as to require the publication of an annual reporting relating to certain expenditures and fees.
Referred to Committee on Urban and County Affairs.

HB 1069. By Representative Shanahan of the 10th:
A bill to amend an Act to provide a new charter for the City of Calhoun, so as to authorize the governing authority of the City of Calhoun to appropriate up to $5,000.00 per fiscal year to Winner's Club of Calhoun, Inc.
Referred to Committee on Urban and County Affairs.

HB 1070. By Representatives Carlisle of the 107th and Yates of the 106th:
A bill to amend an Act creating the Griffin-Spalding County School System, so as to change the description of the districts from which are elected members of the Griffin-Spalding County Board of Education.
Referred to Committee on Urban and County Affairs.

HB 1076. By Representatives Skipper of the 137th and James of the 140th: A bill to create and establish the Ellaville-Schley County Charter Commission.
Referred to Committee on Urban and County Affairs.

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

HB 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.
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:

Alien Baugh Blitch Boshears Broun of 46th Brown of 26th Burton

Cheeks Coleman Crotts Day Dean Edge Egan

Farrow Garner Glanton Gochenour Harbison Henson Hill

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Hooks Huggins KemP MTe Middleton 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 Newbill and Scott.

Those not voting were Senators:

Abernathy Balfour Bowen Clay

Dawkins Gillis (excused) Hemmer Isakson

Langford of 35th Langford of 29th
(excused) Parrish

On the passage of the bill, the yeas were 43, nays 2.

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

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.
Senate Sponsor: Senator Farrow of the 54th.

The Senate Committee on Judiciary offered the following substitute to HB 47:

A BILL
To be entitled an Act 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 surveil lance, so as to provide that it shall not be unlawful for a person to intercept a wire, oral, or electronic communication where such person is a party to the communication or one of the parties to the communication has given prior consent to such interception; to provide that telephonic conversations to which a child under the age of 18 years is a party may be re corded and divulged; to provide who may record and divulge such conversations; to provide that consent to the divulging of the conversation of a child under the age of 18 years shall be given only by court order; to provide that recordings shall not be used in prosecution of a child; to provide for findings by the court; to provide that recordings be kept under seal; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to wiretapping, eavesdropping, and surveillance, is amended by striking Code Section 16-11-66, relating to consent to intercept or record message sent by telephone, which reads as follows:
"16-11-66. Nothing in Code Section 16-11-62 shall prohibit the interception, recording, and divulging of a message sent by telephone, telegraph, letter, or any other means of com munication when the sender and receiver thereof expressly or impliedly consent thereto or

WEDNESDAY, MARCH 10, 1993

1265

in those instances wherein the message is initiated or instigated by a person and the mes sage constitutes the commission of a crime or is directly in the furtherance of a crime, pro vided at least one party thereto consents.",

in its entirety and inserting in lieu thereof the following:

"16-11-66. (a) Nothing in Code Section 16-11-62 shall prohibit a person from inter cepting a wire, oral, or electronic communication where such person is a party to the com munication or one of the parties to the communication has given prior consent to such interception.

(b) After obtaining the consent required by this subsection, the telephonic conversa tions to which a child under the age of 18 years is a party may be recorded and divulged, and such recording and dissemination may be done by a private citizen, law enforcement agency, or prosecutor's office. Nothing in this subsection shall be construed to require that the recording device be activated by the child. Consent for the recording or divulging of the conversations of a child under the age of 18 years conducted by telephone shall be given only by order of a judge of a superior court upon written application. Said recording shall not be used in any prosecution of the consenting child in any delinquency or criminal pro ceeding. Such application need not comply with the procedures set out in Code Section 1611-64.

(c) The judge shall issue the order provided by subsection (b) of this Code section only:

(1) Upon finding probable cause that a crime has been committed;

(2) Upon finding that the child understands that the conversation is to be recorded and that such child agrees to participate; and

(3) Upon determinating that participation is not harmful to such child.

A true and correct copy of the recording provided for in subsection (b) of this Code section shall be returned to the superior court judge that issued the order and such copy of the recording shall be kept under seal until further order of the court."

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

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

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

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

Those voting in the affirmative were Senators:

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

Farrow Garner Glanton Gochenour Harbison Hemmer HHielnl son
Hooks Huggins Kemp Madden Marable Middleton Newbill Oliver

Perdue Pollard Ragan of llth Ragan of 32nd Ralston j^ DRoTb.m. son
fotm btarr Taylor Thomas Thompson Turner Tysinger Walker

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Voting in the negative was Senator Scott.

Those not voting were Senators:

Abernathy Balfour Bowen

Gillis (excused) Isakson Langford of 35th

Langford of 29th (excused)
Parrish

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

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

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.
Senate Sponsor: Senator Kemp of the 3rd.

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

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

Those voting in the affirmative were Senators:

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

Egan Farrow Garner Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Madden Marable Middleton

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

Voting in the negative was Senator Scott.

Those not voting were Senators:

Abernathy Gillis (excused) Langford of 35th

Langford of 29th (excused)

Parrish Taylor

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

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

WEDNESDAY, MARCH 10, 1993

1267

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.
Senate Sponsor: Senator Ragan of the 32nd.
The Senate Committee on Special Judiciary offered the following substitute to HB 138:
A BILL
To be entitled an Act to amend Part 2 of Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses related to minors generally, so as to define the crime of electronically furnishing obscene material to minors; to define certain terms; to provide a penalty; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 2 of Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses related to minors generally, is amended by adding following Code Section 16-12-100 a new Code Section 16-12-100.1 to read as follows:
"16-12-100.1. (a) As used in this Code section, the term:
(1) 'Bulletin board systems' means a computer data and file service that is accessed by telephone line to store and transmit information.
(2) 'CD-ROM' means a compact disc with read only memory which has the capacity to store audio, video, and written materials and is used by computers to reveal the above-said material.
(3) 'Electronically furnishes' means:
(A) To make available by electronic storage device, including floppy disks and other magnetic storage devices, or by CD-ROM; or
(B) To make available by allowing access to information stored in a computer, including making material available by operating a computer bulletin board.
(4) 'Harmful to minors' means that quality of description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, when it:
(A) Taken as a whole, predominantly appeals to the prurient, shameful, or morbid in terest of minors;
(B) Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and
(C) Is, when taken as a while, lacking in serious literary, artistic, political, or scientific value for minors.
(5) 'Minor' means an unmarried person younger than 18 years of age.
(6) 'Sadomasochistic abuse' means flagellation or torture by or upon a person who is nude or clad in undergarments or in revealing or bizarre costume or the condition of being fettered, bound, or otherwise physically restrained on the part of one so clothed.
(7) 'Sexual conduct' means human masturbation, sexual intercourse, or any touching of the genitals, pubic areas, or buttocks of the human male or female or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification.

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(8) 'Sexual excitement' means the condition of human male or female genitals or the breasts of the female when in a state of sexual stimulation.
(b) A person commits the crime of electronically furnishing obscene materials to minors if:
(1) Knowing or having good reason to know the character of the material furnished, the person electronically furnishes to an individual whom the person knows or should have known is a minor:
(A) Any picture, photograph, drawing, or similar visual representation or image of a person or portion of a human body which depicts sexually explicit nudity, sexual conduct, or sadomasochistic abuse and which is harmful to minors; or
(B) Any written or aural matter that contains material of the nature described in subparagraph (A) of this paragraph or contains explicit verbal descriptions or narrative ac counts of sexual conduct, sexual excitement, or sadomasochistic abuse;
(2) The offensive portions of the material electronically furnished to the minor are not merely an incidental part of an otherwise nonoffending whole;
(3) The material furnished to the minor, taken as a whole, lacks serious literary, artistic, political, or scientific value; and
(4) The material furnished to the minor, taken as a whole, is harmful to minors in that it appeals to and incites prurient interest.
(c) Any person who violates this Code section shall be guilty of a misdemeanor of a high and aggravated nature."
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:

Alien Balfour Baugh Blitch Boshears Bowen BBnrroowunn oofff 42n6/6*tt,hih rB, urt. on Cheeks Clay Coleman Crotts Day Dean Edge Egan

Farrow Garner Glanton Gochenour Harbison Hemmer Henson Hooks Huggins Isakson Kemp Langford of 35th Madden Marable Middleton Newbill Oliver

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

WEDNESDAY, MARCH 10, 1993

1269

Those not voting were Senators:

Abernathy Dawkins Gillis (excused)

Hill Langford of 29th
(excused)

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

Parrish

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

HB 218. By Representative Dover of the 9th:
A bill to amend Chapter 1 of Title 48 of the Official of Georgia Annotated, relat ing 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 provisions of federal law into Georgia law.
Senate Sponsor: Senator Starr of the 44th.

The following Memorandum, as required by law, was read by the Secretary:

DEPARTMENT OF AUDITS 254 Washington Street, S.W.
Room 214 Atlanta, Georgia 30334-8400

MEMORANDUM

TO:

The Honorable Bill Dover, Chairman

House Ways and Means Committee

FROM:

Claude L. Vickers, State Auditor Henry M. Huckaby, Director, Office of Planning and Budget

DATE:

February 16, 1993

SUBJECT: Fiscal Note--House Bill 218 (LC 18 5274) Income Tax--Update

This bill would revise the definition of "Internal Revenue Code" and "Internal Revenue
Code of 1986" in the Georgia Public Revenue Code to make federal law enacted on or before January 2, 1993 applicable to Georgia law and would apply to taxable years beginning on or after January 1, 1993.

This bill would result in a reduction in state income tax revenue of approximately $1.5 million for fiscal year 1994. The reduction is associated with the tax-reducing provisions included in the Comprehensive National Energy Policy Act of 1992.

/s/ Claude L. Vickers State Auditor

/&/ 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:

Alien Balfour
Baugh Blitch

Boshears Bowen
Broun of 46th Brown of 26th

Burton Cheeks
Clay Coleman

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Crotts Day
Dean Edge
Farrow Garner Glanton Gochenour Harbison Hemmer Hill Hooks

Huggins Isakson
Kemp Madden
Marable Middleton Oliver Perdue Pollard Ragan of llth Ragan of 32nd Ralston

Those not voting were Senators:

Ray Robinson Scott glotin Starr
Thomas Thompson Turner Tysinger Walker

Abernathy Dawkins Egan Gillis (excused)

Henson Langford of 35th Langford of 29th
(excused)

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

Newbill Parrish

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

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.
Senate Sponsor: Senator Taylor of the 12th.

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

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

Those voting in the affirmative were Senators:

Alien Balfour Baugh Blitch Boshears
BBorowuenn of 46th, Brown of 26th BChuerteokns Ciay Coleman Crotts Day Dean Edge

Farrow Garner Glanton Gochenour Harbison
HHeenmgmoner ml I"Tooki s Huggins Isakson Kemp Madden Marable Middleton

Newbill Oliver Pollard Ragan of llth Ragan of 32nd
RRalston glotin oS,tarr Taylor Thomas Thompson Turner Tysinger Walker

WEDNESDAY, MARCH 10, 1993

1271

Those not voting were Senators:

Abernathy Dawkins Egan Gillis (excused)

Langford of 35th Langford of 29th
(excused) Parrish

Perdue Robinson Scott

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

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

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.
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:

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

Farrow Garner Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Madden Marable Middleton Newbill

Those not voting were Senators:

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

Abernathy Dawkins Edge Gillis (excused)

Langford of 35th Langford of 29th
(excused)

Parrish Scott

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

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

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JOURNAL OF THE SENATE

The following local bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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.
The House substitute to SB 284 was as follows:
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. 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,

WEDNESDAY, MARCH 10, 1993

1273

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 recommend to the city council that such item be approved or disapproved. Any item disap proved by the council committee may nonetheless be presented to the city council by the department 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, provided 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. Copies of the Code shall be furnished to the mayor, councilmembers, city clerk, city attorney, municipal court judge,

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JOURNAL OF THE SENATE

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;
(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 mayor and shall be effective upon approval. If an item is neither approved nor ve toed, 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

WEDNESDAY, MARCH 10, 1993

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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 mayor, 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, 3.12, 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 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

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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 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;

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(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 moved that the Senate agree to the House substitute to SB 284.
On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 284.
The following resolutions and bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

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.
Senate Sponsor: Senator Marable of the 52nd.

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 Clay Coleman Crotts Day Dean Edge Egan

Farrow Garner Glanton Gochenour Harbison Hemmer Hooks Huggins Isakson Kemp Langford of 35th Madden Marable Middleton Newbill

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

Those not voting were Senators:

Abernathy Cheeks Dawkins Gillis (excused)

Henson Hill Langford of 29th
(excused)

Parrish Scott Thomas

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

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

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".
Senate Sponsor: Senator Egan of the 40th.

The Senate Committee on Special Judiciary offered the following amendment:

Amend HB 149 by adding on line 28 of page 28 after the word "14-2-630," and before the word "Code" the following:
"and"
Amend HB 149 by striking on lines 28 and 29 of page 28 after the word "14-2-1332" and before the word "but" the following:
", and Code Section 14-2-1407"

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 Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Day Dean Edge

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

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

Those not voting were Senators:

Dawkins Gillis (excused) Henson

Langford of 29th (excused)
Parrish

Scott Thomas

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1279

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

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

HB 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.
Senate Sponsor: Senator Broun of the 46th.

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

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

Those voting in the affirmative were Senators:

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 Hemmer Hill Hooks Huggins Isakson Kemp Langford of 35th Madden Marable

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

Those not voting were Senators:

Gillis (excused) Henson Langford of 29th
(excused)

Parrish Ralston

Scott Thomas

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

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

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.
Senate Sponsor: Senator Boshears of the 6th.

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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 Clay Coleman Crotts Dawkins Day

Dean Edge Egan Farrow Glanton Gochenour Harbison Hemmer 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 Starr Taylor Thompson Turner Tysinger

Those not voting were Senators:

Garner
Gillis (excused) Henson

Hill
Langford of 29th (excused)

Parrish
Thomas Walker

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

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

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.
Senate Sponsor: Senator Edge of the 28th.

Senator Marable of the 52nd offered the following substitute to HB 24:

A BILL
To be entitled an Act 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; to change certain provisions relative to the need for a chemical test to determine blood alcohol content; to provide that no driver's license shall be reinstated 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; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended by striking subsection (a) of Code Section 40-5-54, relating to

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offenses resulting in mandatory suspension of a driver's license, in its entirety and inserting in lieu thereof the following:
"(a) The department shall forthwith suspend, as provided in Code Section 40-5-63, the license of any driver upon receiving a record of such driver's conviction of the following offenses, whether charged as a violation of state law or of a local ordinance adopted pursu ant to Article 14 of Chapter 6 of this title:
(1) Homicide by vehicle, as denned by Code Section 40-6-393;
(2) Mnnalaughtcr resulting from the operation of a vehicle,
43) (2) Any felony in the commission of which a motor vehicle is used;
44) (3) Hit and run or leaving the scene of an accident in violation of Code Section 40-6270; --
46) (4) Racing on highways and streets;
46) (5) Using a motor vehicle in fleeing or attempting to elude an officer; or
4?) (6) Fraudulent or fictitious use of or application for a license as provided in Code Section 40-5-120 or 40-5-125."
Section 2. Said chapter is further amended by striking Code Section 40-5-55, relating to implied consent to chemical tests, in its entirety and inserting in lieu thereof the following:
"40-5-55. (a) The State of Georgia considers that the persons who are under the influ ence of alcohol or drugs while operating a motor vehicle or who have a blood alcohol concen tration of 0.10 grams or more at any time within three hours after operating a motor vehicle from alcohol consumed before such driving or actual physical control ended or who have any amount of marijuana or any controlled substance without prescription present in their blood or urine, without regard to the presence of alcohol, while operating a motor vehicle consti tute a direct and immediate threat to the welfare and safety of the general public. There fore, any person who operates a motor vehicle upon the highways or elsewhere throughout this state shall be deemed to have given consent, subject to Code Section 40-6-392, to a chemical test or tests of his or her blood, breath, urine, or other bodily substances for the purpose of determining the presence of alcohol or any other drug, if arrested for any offense arising out of acts alleged to have been committed in violation of Code Section 40-6-391 or if such person is involved in any traffic accident resulting in serious injuries or fatalities. The test or tests shall be administered at the request of a law enforcement officer having reason able grounds to believe that the person has been driving or was in actual physical control of a moving motor vehicle upon the highways or elsewhere throughout this state in violation of Code Section 40-6-391. The test or tests shall be administered as soon as possible to any person who operates a motor vehicle upon the highways or elsewhere throughout this state who is involved in any traffic accident resulting in serious injuries or fatalities. Subject to Code Section 40-6-392, the requesting law enforcement officer shall designate which of the test or tests shall be administered, provided a blood test with drug screen may be adminis tered to any person operating a motor vehicle involved in a traffic accident resulting in serious injuries or fatalities.
(b) Any person who is dead, unconscious, or otherwise in a condition rendering such person incapable of refusal, shall be deemed not to have withdrawn the consent pro vided by subsection (a) of this Code section, and the test or tests may be administered, subject to Code Section 40-6-392.
(c) As used in this Code section, the term 'traffic accident resulting in serious injuries or fatalities' means any motor vehicle accident in which a person was killed or in which one or more persons suffered a fractured bone, severe burns or lacerations, disfigurement, dismem berment, partial or total loss of sight or hearing, or loss of consciousness."
Section 3. Said chapter is further amended by striking subsection (d) of Code Section

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40-5-61, relating to surrender and return of license, in its entirety and inserting in lieu thereof the following:
"(d) When Except as provided in Code Section 40-5-62, when the revocation period expires, the department shall reinstate the license to the driver within 30 days."
Section 4. Said chapter is further amended by striking subsection (b) of Code Section 40-5-62, relating to periods of license revocation, in its entirety and inserting in lieu thereof the following:
"(b) The department shall not issue a new license nor restore a persons's suspended license or nonresident's operating privilege unless and until it is satisfied after investigation of the character, habits, and driving ability of such person that it will be safe to grant the privilege of driving a motor vehicle on the public highways. Notwithstanding subsection (a) of this Code section or any other provision of this title, the department shall not issue a new license to any person whose license was revoked as a habitual violator for three violations of Code Section 40-6-391 within a five-year period unless and until such person submits proof of completion of an approved DUI Alcohol or Drug Use Risk Reduction Program. The de partment may issue rules and regulations providing for reinstatement hearings. In the case of a revocation pursuant to Code Section 40-5-58, the department shall charge a fee of $210.00 or $200.00 if processed by mail in addition to the fee prescribed by Code Section 405-25 to issue a new driver's license to a person whose driver's license has been revoked."
Section 5. Said chapter is further amended by striking Code Section 40-5-63, relating to periods of license suspension, in its entirety and inserting in lieu thereof the following:
"40-5-63. (a) The driver's license of any person convicted of an offense listed in Code Section 40-5-54 or of violating Code Section 40-6-391, unless the driver's license has been previously suspended pursuant to Code Sections 40-5-67.1 and 40-5-67.2, shall by operation of law be suspended and such suspension shall be subject to the following terms and conditions:
(1) Upon the first conviction of any such offense, with no arrest and conviction of and no plea of nolo contendere accepted to such offense within the previous five years, as mea sured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for 12 months. At the end of 120 days, the person may apply to the Department of Public Safety for reinstatement of tas said driver's license. Such license shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program ap proved by the Department of Human Resources and pays a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail, provided that, if such license was suspended as a result of a conviction of an offense listed in Code Section 40-5-54, such license shall be reinstated if such person submits proof of completion of either a defensive driving program approved by the Department of Public Safety or a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee. A driver's license suspended as a result of a conviction of a violation of Code Section 40-6-391 shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed resto ration fee. For purposes of this paragraph, an accepted plea of nolo contendere to an offense listed in Code Section 40-5-54 by a person who is under 18 years of age at the time of arrest shall constitute a conviction. For the purposes of this paragraph only, an accepted plea of nolo contendere by a person 18 years of age or older, with no conviction of and no plea of nolo contendere accepted to a charge of violating Code Section 40-6-391 within the previous five years, as measured from the dates of previous arrests for which convictions were ob tained or pleas of nolo contendere accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall not be considered a conviction; however, the court hav ing jurisdiction shall forward, as provided in Code Section 40-6-391.1, the record of such

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disposition of the case to the Department of Public Safety and the record of such disposi tion shall be kept on file for the purpose of considering and counting such accepted plea of nolo contendere as a conviction under paragraphs (2) and (3) of this subsection;
(2) Upon the second conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for three years. At the end of 120 days, the person may apply to the Department of Public Safety for rein statement of his said driver's license. Such license shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a restoration fee of $210.00 or $200.00 when processed by mail, provided that, if such license was suspended as a result of a conviction of an offense listed in Code Section 40-5-54, such license shall be reinstated if such person submits proof of completion of either a defensive driving program approved by the Depart ment of Public Safety or a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee. A driver's license suspended as a result of a conviction of a violation of Code Section 40-6-391 shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee. For purposes of this paragraph, a plea of nolo contendere and all previous accepted pleas of nolo contendere to an offense listed in Code Section 40-5-54 within such five-year period of time shall constitute a conviction. For the purposes of this paragraph, a plea of nolo contendere to a charge of violating Code Section 40-6-391 and all prior accepted pleas of nolo contendere within five years, as mea sured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a plea of nolo con tendere is accepted, shall be considered and counted as convictions; or
(3) Upon the third conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, such person shall be considered a habitual violator, and his said license shall be revoked as provided for in paragraph (1) of subsection (a) of Code Section 40-5-62. For purposes of this paragraph, a plea of nolo contendere and all previous accepted pleas of nolo contendere to an offense listed in Code Section 40-5-54 within such five-year period shall constitute a conviction. For the purposes of this para graph, a plea of nolo contendere and all prior accepted pleas of nolo contendere to a charge of violating Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be consid ered and counted as convictions.
(b) The periods of suspension provided for in this Code section shall begin on the date the person is convicted of an offense listed in Code Section 40-5-54 or of violating Code Section 40-6-391.
(c) In all cases in which the department may return a license to a driver prior to the termination of the full period of suspension, the department may require such tests of driv ing skill and knowledge as it determines to be proper, and the department's discretion shall be guided by the driver's past driving record and performance, and the driver shall pay the applicable restoration fee. In addition to any other requirement the department may im pose, a driver's license suspended as a result of a conviction of a violation of Code Section 40-6-391 shall not become valid, shall remain suspended, and shall not be returned to such driver or otherwise reinstated until such person submits proof of completion of a DUI Alco hol or Drug Use Risk Reduction Program approved by the Department of Human Resources!
(d) Any person convicted of violating subsection (a) of Code Section 40-6-393, relating to homicide by vehicle, or Code Section 40-6-394, relating to serious injury by vehicle, shall have his or her license suspended for a period of three years. Such person shall not be

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eligible for early reinstatement of his said driver's license as provided in this Code section or in Article 4 of this chapter and shall not be eligible for a limited driving permit as provided in Code Section 40-5-64. For purposes of this subsection, an accepted plea of nolo coritendere to homicide by vehicle in the first degree or serious injury by vehicle shall constitute a conviction.
(e) The driver's license of any person under 21 years of age who is convicted of unlawful possession of alcoholic beverages in violation of Code Section 3-3-23 while operating a motor vehicle may be suspended for a period of not less than 120 days. At the end of 120 days, the person may apply to the Department of Public Safety for reinstatement of his said driver's license. Such license shall be reinstated only if the person submits proof of completion of an approved DUI Alcohol or Drug Use Risk Reduction Program prescribed by the Department of Human Resources and pays a restoration fee of $35.00 or $25.00 when processed by mail. For purposes of this subsection, a sentence under subsection (c) of Code Section 3-3-23.1 shall not be considered a conviction, and the driver's license of such person shall not be suspended provided that he such person completes a DUI Alcohol or Drug Use Risk Reduc tion Program within 120 days after sentencing."
Section 6. All laws and parts of laws in conflict with this Act are repealed.

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

The President announced that, pursuant to Senate Rule 143, consideration of HB 24 would be suspended and placed on the Senate General Calendar.

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.
Senate Sponsor: Senator Thompson of the 33rd.

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 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 Starr Taylor Thompson Turner Tysinger

WEDNESDAY, MARCH 10, 1993

1285

Voting in the negative was Senator Walker.

Those not voting were Senators:

Gillis (excused) Langford of 29th
(excused)

Parrish

Thomas

On the adoption of the resolution, the yeas were 51, nays 1.

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

HR 122. By Representative Parham of the 122nd: A resolution authorizing the conveyance of certain state owned real property lo cated in Baldwin County.
Senate Sponsor: Senator Baugh of the 25th.

Senators Dean of the 31st and Baugh of the 25th offered the following substitute to HR 122:

A RESOLUTION
Authorizing the conveyance of certain state owned real property located in Baldwin County, Georgia; authorizing the conveyance of certain state owned real property located in Bartow County, Georgia, to the city of Cartersville; to provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS:
(1) The State of Georgia is the owner of a certain parcel of real property located in Baldwin County, Georgia;
(2) Said real property is all that tract or parcel of land lying and being in Baldwin County, Georgia, lying in and being a part of the 321st GMD, containing approximately 0.05 of one acre more or less, according to a drawing entitled "Subdivision Property of L.E. and P.N. McMillen" and marked in yellow on file with the State Properties Commission; and will be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented by the grantee to the State Properties Commission for approval;
(3) Said property is under the custody of the Georgia Department of Human Resources;
(4) The subject triangular shaped property is now separated from the adjoining state property by 60 foot rights of way on two sides of the subject property, said rights of way being Swint Avenue and Wolverine Street;
(5) Said parcel is not being utilized by the Department of Human Resources and is therefore surplus to its needs; and
(6) The adjoining property owner, Leon Samuels, Sr., is desirous of obtaining the above-described property because the subject property constitutes a sizeable portion of his front yard; and
WHEREAS:
(1) The State of Georgia is the owner of certain real property containing approximately 2.5 acres located in the City of Cartersville, Bartow County, Georgia;
(2) Said real property is described as follows:
All those certain tracts or parcels of land situate, lying and being in the City of Carters ville, Georgia, and in Land Lot 455 of Bartow County, Georgia, and being more particularly described as the depot tracts lying on either side of the mainline of the Western and Atlan tic Railroad Valuation Map No. V2/S21 as filed in the State of Georgia Archives Building,

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Fulton County, Georgia, and being more particularly described on a map on file in the State Properties Commission (said tract or property shall be more particularly described by a plat of survey obtained by the City of Cartersville and presented to the State Properties Com mission for approval);
(3) The State of Georgia currently has a portion of the above-described property leased to CSX Transportation, Inc., (formerly known as the Louisville and Nashville Railroad Company and Seaboard System Railroad) until December 31, 2019;
(4) The City of Cartersville presently leases from the State of Georgia a portion of the above-described property until December 31, 1994; and
(5) The City of Cartersville is interested in using the depot and adjoining property for public purposes.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL AS SEMBLY OF GEORGIA:
ARTICLE 1
Section 1. That the State of Georgia is the owner of the above-described real property in Baldwin County, Georgia, and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
Section 2. That the above-described real property shall be conveyed by appropriate instrument to Leon Samuels, Sr., by the State of Georgia, acting by and through the State Properties Commission, for a consideration of the fair market value of such property but not less than $650.00 and upon such further consideration and provisions as the State Proper ties Commission shall in its discretion determine to be in the best interests of the State of Georgia.
Section 3. That the authorization in this resolution to convey the above-described prop erty to Leon Samuels, Sr., shall expire three years after the date that this resolution be comes effective.
Section 4. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
Section 5. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Baldwin County and a recorded copy shall be forwarded to the State Properties Commission.
ARTICLE 2
Section 6. That the State of Georgia is the owner of the above-described real property in Bartow County, Georgia, and that, in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission.
Section 7. That the conveyance of the above-described real property shall be condi tioned upon the lessee of the Western and Atlantic Railroad, CSX Transportation, Inc., (formerly known as the Louisville and Nashville Railroad Company, and Seaboard System Railroad) conveying its interest in a portion of said property to the State of Georgia by appropriate instrument.
Section 8. That the conveyance of the above-described real property shall be condi tioned upon the City of Cartersville releasing its interest in that portion of the above-de scribed property presently leased to the City of Cartersville by the State of Georgia and that portion of the above-described property presently leased to the City of Cartersville by CSX Transportation, Inc.
Section 9. That the State of Georgia, acting by and through its State Properties Com mission, is authorized to convey the above-described real property by appropriate instru ment to the City of Cartersville for a consideration of $10.00 as long as the property is utilized for public purposes and upon such further considerations, terms, and conditions as directed by the State Properties Commission.

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Section 10. That the above-described real property is conveyed only for public purposes by the City of Cartersville and its successors and assigns continue to use the said property for public purposes; and, should said property be permanently abandoned or the use thereof for public purposes be permanently discontinued, said real property shall revert to the State of Georgia.
Section 11. That the conveyance of said property shall be conditioned upon the City of Cartersville constructing a railroad depot facility to the requirements of CSX Transporta tion, Inc., as replacement for subject property depot and the deeding of such depot to the State of Georgia as consideration for the State of Georgia and CSX Transportation, Inc., vacating present depot site.
Section 12. That if the City of Cartersville determines the need to convey all or a por tion of the above-described property to a private person or corporation or other entity, then, before any such disposition, the State Properties Commission shall have first approved both the disposition and the monetary consideration for said disposition, which consideration shall not be less than the fair market value of such property. Any such State Properties Commission approval shall be conditioned on said monetary consideration, less any incurred expenses of disposition which have been approved by the State Properties Commission, be ing received and deposited by the State Properties Commission into the treasury of the State of Georgia.
Section 13. That the deed of conveyance shall be recorded by the Grantee in the Supe rior Court of Bartow County and a recorded copy shall be forwarded to the State Properties Commission.
Section 14. That the authorization in this resolution to convey the above-described property to the City of Cartersville shall expire three years after the date that this resolu tion becomes effective.
ARTICLE 3
Section 15. That this resolution shall become effective upon its approval by the Gover nor or upon its becoming law without such approval.
Section 16. That all laws and parts of laws in conflict with this resolution are repealed.
On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted.
The President announced that, pursuant to Senate Rule 143, consideration of HR 122 would be suspended and placed on the Senate General Calendar.
The following general bill of the House, having been read the third time on March 5 and postponed until March 10, and placed on the Senate Rules Calendar for today, was put upon its passage:
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.
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
Baugh Blitch Boshears Broun of 46th Brown of 26th

Farrow Garner Glanton
Gochenour Harbison Hemmer Henson Hm

rufl" vC^jneeKS Crotts Dawkins Day Dean Edge Egan

Hooks THTuggm. s Isakson KemP Langford of 35th Madden Marable Middleton

Newbill Oliver Perdue
Pollard Ragan of 32nd Ralston R Robinson
Slotin oStarr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Bowen Coleman Gillis (excused)

Langford of 29th (excused)
Parrish

Ragan of llth Scott

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

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

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

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.
Senate Sponsor: Senator Farrow of the 54th.
The Senate Committee on Public Safety offered the following amendment:
Amend HB 107 by striking from lines 8, 9, and 10 on page 1 the following:
"the county or municipality where an offense is alleged to have been committed shall pay the travel expenses of such officer;",
and inserting in lieu thereof the following:
"the agency transporting the arrested person shall be responsible for all costs associated with the transport;".
By striking from lines 16 through 20 on page 2 the following:
"(b) Unless otherwise provided by contract, the county or municipality where the of fense is alleged to have been committed shall pay the reasonable travel expenses of the officer transporting an arrested person under subsection (a) of this Code section.",

WEDNESDAY, MARCH 10, 1993

1289

and inserting in lieu thereof the following:
"(b) Unless otherwise provided by contract, the agency transporting the arrested person pursuant to subsection (a) of this Code section shall be responsible for all costs associated with the transport."

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

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

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Blitch Boshear8
Rf
BBruorwtonn of
Q Coleman Crotts Dawkins Day Dean Edge

Egan Farrow Garner Glanton
Gochenour Harbison Hemmer H,,Hl.e1,,1nson THTooki s Huggins Isakson Kemp Madden Marable Middleton

Voting in the negative was Senator Baugh.

Newbill Oliver Perdue Pollard
Ragan of llth Ragan of 32nd Ra* R,S,.loobt,.linnson cSijt. arr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Gillis (excused) Langford of 35th Langford of 29th
(excused)

Parrish Ralston

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

Scott

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

Senator Robinson of the 16th moved that, pursuant to SR 276, adopted previously, the Senate stand in recess until 5:00 o'clock P.M., and at that time stand adjourned until 10:00 o'clock A.M. on Monday, March 15, 1993.

At 2:40 o'clock P.M. the President announced that the motion prevailed.

1290

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Monday, March 15, 1993
Thirty-sixth Legislative Day

The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by Senator Robinson of the 16th, Majority Leader.
Senator Marable of the 52nd reported that the Journal of the proceedings of Wednes day, March 10, 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 391. By Senators Isakson of the 21st, Clay of the 37th, Thompson of the 33rd and Ragan of the 32nd: A bill to amend an Act to authorize the establishment of a Civil Service System in Cobb County for persons receiving salary and wages in whole or in part from Cobb County, as amended, so as to change provisions regarding the terms of of fice of certain members of the board; to provide for the expiration of such terms in odd-numbered years; to provide an effective date.
Referred to Committee on Urban and County Affairs.
SB 392. By Senators Isakson of the 21st, Clay of the 37th and Ragan of the 32nd: A bill to amend an Act creating a Board of Elections and Registration in Cobb County, as amended, so as to delete residency requirements of certain members of the board; to provide for editorial revision; to provide for an effective date.
Referred to Committee on Urban and County Affairs.
SR 289. By Senator Perdue of the 18th: A resolution creating the Senate Defense Conversion Strategies Study Committee.
Referred to Committee on Rules.
SR 290. By Senator Alien of the 2nd: A resolution urging consideration of an alternative schedule for sessions of the General Assembly.
Referred to Committee on Rules.
SR 292. By Senators Abernathy of the 38th, Dawkins of the 45th, Ralston of the 51st and Alien of the 2nd: A resolution creating the Senate Sunshine in Litigation Study Committee.
Referred to Committee on Rules.
SR 295. By Senator Thompson of the 33rd: A resolution designating Child Nutrition Employee Appreciation Day.
Referred to Committee on Rules.

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1291

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

Mr. President:

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

HB 259. Do pass by substitute.

HR 156. Do pass.

HR 78. Do pass.

HR 157. Do pass.

HR 155. Do pass.

Respectfully submitted,

Senator Dawkins of the 45th District, Chairman

Mr. President:

The Committee on Banking and Financial Institutions has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 237. Do pass by substitute.
Respectfully submitted,
Senator Turner of the 8th 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 191. Do pass. HB 211. Do pass. HB 844. Do pass as amended.
Respectfully submitted,
Senator Ray of the 19th District, Chairman

Mr. President:

The Committee on Economic Development, Tourism and Cultural 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 885. Do pass. HB 941. 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 bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 265. Do pass by substitute.

HB 928. Do pass as amended.

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HB 786.

Do pass as amended.

HB 472. Do pass by substitute.

Respectfully submitted,

Senator Starr of the 44th District, Chairman

Mr. President:

The Committee on Governmental Operations has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 295. Do pass by substitute. HB 304. 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 bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 190. 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 House and has instructed me to report the same back to the Senate with the follow ing recommendation:
HB 811. 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 House and has instructed me to report the same back to the Senate with the following recommendations:

HB 22. Do pass.

HB 446. Do pass.

HB 264. Do pass.

HB 489. Do pass.

HB 333. Do pass.

HB 490. Do pass as amended.

HB 377. Do pass.

HB 523. Do pass by substitute.

HB 395. Do pass.

HB 710. Do pass as amended.

Respectfully submitted,

Senator Oliver of the 42nd District, Chairman

Mr. President:

The Committee on Rules has had under consideration the following resolutions of the

MONDAY, MARCH 15, 1993

1293

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

SR 55. Do pass.

SR 278. Do pass.

SR 267. Do pass.

HR 16. Do pass.

Respectfully submitted,

Senator Hooks of the 14th 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 recommendations:
HB 302. Do pass. HB 669. Do pass. HB 751. Do pass.
Respectfully submitted,
Senator Coleman of the 1st District, Chairman

Mr. President:

The Committee on Transportation has had under consideration the following bill and resolutions of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 966. Do pass by substitute. HR 330. Do pass by substitute. HR 400. 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 of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 277. Do pass.

HB 641. Do pass.

HB 280. Do pass by substitute.

HB 810. Do pass.

HB 281. Do pass by substitute.

HB 836. 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 House and has instructed me to report the same back to the Senate with the following recommendation:
HB 753. Do pass as amended.
Respectfully submitted,
Senator Thompson of the 33rd District, Chairman

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JOURNAL OF THE SENATE

Mr. President:

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

SB 321. Do pass by substitute. SB 351. Do pass.

SB 384. Do pass. HB 978. Do pass.

SB 383. 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 House and has instructed me to report the same back to the Senate with the following recommendation:
HB 193. Do pass as amended.
Respectfully submitted,
Senator Marable of the 52nd District, Chairman

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

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.

SR 198. By Senator Thomas of the 10th:
A resolution creating the Senate Study Committee on the Regulation of Tattooing.

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.

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.

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".

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.

MONDAY, MARCH 15, 1993

1295

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.
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 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 than five years, or for life but only upon having re ceived notice, in writing, that the state intends to seek life imprisonment.
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 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 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 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.
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.

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HB 252. By Representatives Pinholster of the 15th, Stencil 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.
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 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 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 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.
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 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 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.

MONDAY, MARCH 15, 1993

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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.
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 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 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 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 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.
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.

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JOURNAL OF THE SENATE

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 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 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.
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 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 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.
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 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,

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so as to revise and clarify the provisions relating to the formality necessary to create an agency.
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.
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.
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 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.
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.
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.
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.

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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 ofTenses, 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 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.
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.
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.
HB 720. By Representatives Hanner of the 159th, Twiggs of the 8th, Barfoot of the 155th 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 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 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.
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.

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1301

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 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 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 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 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 842. By Representatives Culbreth of the 132nd, Carrell of the 87th, Hudson of the 156th 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 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.
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.

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JOURNAL OF THE SENATE

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.
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 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.
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 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 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.
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.
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.
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.

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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.
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 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 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.
HB 751. By Representative Benefleld 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 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.
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 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 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.

1304

JOURNAL OF THE SENATE

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.
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.
SR 55. By Senator Henson of the 55th: A resolution to create the Senate Electrology Study Committee.
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.
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 projects for the widening of Cleveland Avenue and Jonesboro Road in the City of Atlanta.
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.
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.
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.
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.
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

MONDAY, MARCH 15, 1993

1305

as to change the time within which certain drivers may request a hearing con cerning a revocation of their licenses.
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.
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 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.
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 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 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 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.

1306

JOURNAL OF THE SENATE

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 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 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.
HB 277. By Representatives McKinney of the 51st, Martin of the 47th and Felton of the 43rd:
A bill to repeal an Act entitled "An Act to create a joint city-county board of tax assessors in all counties having within its borders all or the greater part of the population of 300,000 or more according to the 1950 or any future United States census, and to define its powers and duties; to create a board of tax appeals and equalization and to define its powers and duties."
HB 280. By Representatives McKinney of the 51st, 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.
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 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.
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.

MONDAY, MARCH 15, 1993

1307

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.

HR 78. By Representative Carrell of the 87th: A resolution compensating Mr. Ricky Lee Boynton.

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.

The President assumed the Chair.

Senator Robinson of the 16th moved that the Morning Roll Call be dispensed with, and that the following Senators be excused from the Senate today due to the snow:
Senators Blitch of the 7th, Taylor of the 12th, Farrow of the 54th, Alien of the 2nd, Ray of the 19th, Huggins of the 53rd and Ralston of the 51st.

On the motion, the yeas were 37, nays 0; the motion prevailed, the Morning Roll Call was dispensed with, and the Senators were 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 Dean of the 31st introduced Senator Arthur Langford of the 35th District who led the Senators in prayer.

The following resolutions of the Senate were read and adopted:

SR 48. By Senator Langford of the 35th:
A resolution commending and honoring former Atlanta Hawks center Walt Bellamy.

1308

JOURNAL OF THE SENATE

SR 287. By Senator Ralston of the 51st: A resolution congratulating Erin Nicole Nance of Calhoun, Georgia.
SR 288. By Senator Tysinger of the 41st: A resolution expressing sympathy at the passing of Fred M. Daneke.
SR 291. By Senators Boshears of the 6th and Blitch of the 7th: A resolution commending Detective Frederick A. Ellis.

SR 293. By Senator Marable of the 52nd: A resolution commending and recognizing Mr. Mitsushi Wada of Rome, Georgia.
SR 294. By Senator Slotin of the 39th: A resolution commending Midtown.
SR 296. By Senator Newbill of the 56th: A resolution commending the Atlanta Athletic Club.
SR 297. By Senator Edge of the 28th: A resolution commending David J. Shafer.
SR 298. By Senator Edge of the 28th: A resolution commending Alec Poitevint.

SR 299. By Senators Boshears of the 6th and Kemp of the 3rd:
A resolution recognizing the YWCA Family Center of Brunswick, Georgia, on its 75th anniversary.

SR 300. By Senators Boshears of the 6th, Gillis of the 20th and Turner of the 8th: A resolution recognizing and commending Mr. Valene Bennett of Alma, Georgia.

Senator Thompson of the 33rd introduced Honorable Buddy Darden, U. S. Representa tive of Georgia's 7th Congressional District, who briefly addressed the Senate.
Senator Langford of the 35th introduced Dr. Herman B. Smith, Jr., President of Morris Brown College, having been commended by SR 168, adopted previously, who briefly ad dressed the Senate.

MONDAY, MARCH 15, 1993

1309

The following communication from Honorable Zell Miller, Governor, was received and read by the Secretary:
STATE OF GEORGIA Office of the Governor
Atlanta 30334
March 11, 1993
Honorable Pierre Howard Lieutenant Governor and
President of the Senate and Members of the Senate Senate Chamber Atlanta, Georgia 30334
Dear Lieutentant Governor Howard and Members of the Senate:
I submit to you, as provided by law, the following appointments for confirmation:
The following named persons as members of the State Board of Accountancy for the term of office beginning March 3, 1993 and ending June 30, 1996: Ralph C. McBride of Cobb County; Lanier Merritt of Muscogee County; and Bryndis W. Roberts of Clarke County.
Honorable Julie D. Keeton of DeKalb County, as a member of the State Board of Edu cation for the term of office beginning March 11, 1993 and ending January 1, 1997.
Honorable Priscilla D. Thomas of Chatham County, as a member of the State Board of Education for the term of office beginning March 11, 1993 and ending January 1, 2000.
Honorable Patricia Ann Jefferson of Richmond County, as a member of the Georgia Real Estate Appraisers Board for the term of office beginning March 8, 1993 and ending July 1, 1997.
Honorable Bob Sorrells of Clayton County, as a member of the Georgia Real Estate Appraisers Board for the term of office beginning March 8, 1993 and ending July 1, 1994.
Honorable Richard L. Stallings of Muscogee County, as a member of the Georgia Real Estate Appraisers Board for the term of office beginning March 8, 1993 and ending July 1, 1996.
The following named persons as members of the State Board of Technical and Adult Education for the term of office beginning March 4, 1993 and ending June 30, 1995: Charles R. Brown of Gwinnett County; and Charles Harris of Irwin County.
The following named persons as members of the State Board of Technical and Adult Education for the term of office beginning March 4, 1993 and ending June 30, 1998: William S. Harris of Sumter County; and Harold Reid Reynolds of Greene County.
Sincerely,
/s/ Zell Miller
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 15, 1993
THIRTY-SIXTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

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JOURNAL OF THE SENATE

*SB 321 Abernathy, 38th Scott, 36th Slotin, 39th Langford, 35th Glanton, 34th Egan, 40th Newbill, 56th Oliver, 42nd CITY OF ATLANTA
Reincorporates the City of Atlanta in the counties of Fulton and DeKalb; creates a new charter for the city; prohibits certain conduct by the president of the council; provides for legislative declaration; provides for disclosure of private business interests by members of the council. (SUBSTITUTE)
SB 351 Abernathy, 38th Scott, 36th Slotin, 39th Langford, 35th Glanton, 34th Egan, 40th Newbill, 56th FULTON COUNTY
Provides that the governing authority of Fulton County may not expand any existing noncommercial county airport to accommodate a commercial use un less approved in a referendum.
SB 383 Day, 48th CITY OF SUGAR HILL
Provides for a new charter for the City of Sugar Hill; changes the corporate limits.
SB 384 Hemmer, 49th HALL COUNTY
Ad valorem taxes for school purposes; homestead exemption; for residents age 62 or over with certain income.
HB 978 Bowen, 13th CITY OF SUMNER
Incorporates the town of Sumner; provides for boundaries and powers for the governing authority.
THE FOLLOWING OBJECTIONS WERE RECORDED:
SB 351** Senators Glanton of the 34th, Newbill of the 56th and Gochenour of the 27th, as provided for in Senate Rule 113, requested that SB 351 be moved to the Senate Local Contested Calendar. SB 351 was placed on the Senate Local Contested Calendar for today.

MONDAY, MARCH 15, 1993

1311

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

SB 321:

The Senate Committee on Urban and County Affairs offered the following substitute to SB 321:

A BILL
To be entitled an Act 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, approved March 16, 1973 (Ga. L. 1973, p. 2188), as amended, so as to provide for legislative declaration; to provide for disclosure of private business interests by the president and members of the city council; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act to reincorporate the City of Atlanta in the Counties of Fulton and DeKalb and to create a new charter for said city, approved March 16, 1973 (Ga. L. 1973, p. 2188), as amended, is amended by adding immediately following Section 2-204 a new Sec tion 2-205 to read as follows:
"Section 2-205. Legislative declaration. Whereas, the president of the council and each member of the council are public trustees with fiduciary obligations to the people of the city. A public official must administer his or her public powers and duties in the interests of the public alone with undivided loyalty and not for his or her own benefit or the benefit of a third party."
Section 2. Said Act is further amended by adding immediately following Section 2-105 a new Section 2-106 to read as follows:
"Section 2-106. (a) The president of the council and each member of the council shall make full written disclosure at the time and in the manner required by general law for the filing of financial disclosure statements of the identity of any business or other entity with which such member is engaged in any private business or financial transaction, directly or indirectly, if such business or entity is doing business with the city.
(b) Neither the president nor any member of the council shall vote on any pending matter before the council which involves, directly or indirectly, the interests of any business or entity with which such member is engaged in doing business or in which he or she has a financial interest as provided in subsection (a) of this section."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 43, nays 3, 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, except SB 321 and SB 351, 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 Edge Garner Gillis

1312

JOURNAL OF THE SENATE

Gochenour Harbison Hemmer
Hooks" Isakson Kemp Langford of 29th Madden

Marable Middleton Oliver
Perdue Pollard Ragan of llth Ragan of 32nd Robinson

Scott Slotin Starr
Thomas Thompson Turner Tysinger Walker

Those voting in the negative were Senators:

Glanton

Langford of 35th

Newbill

Those not voting were Senators:

Alien (excused) Day Egan Farrow (excused)

Hill Huggins (excused) Parrish

Ralston (excused) Ray (excused) Taylor (excused)

On the passage of all the local bills, the yeas were 43, nays 3.

All the bills on the Senate Local Consent Calendar, except SB 321 and SB 351, having received the requisite constitutional majority, were passed.

SB 321, having received the requisite constitutional majority, was passed by substitute.

SB 351 was moved to the Senate Local Contested Calendar for today.

SENATE LOCAL CONTESTED CALENDAR
March 15, 1993
THIRTY-SIXTH LEGISLATIVE DAY
The following local bill of the Senate, having been favorably reported by the committee and moved to the Senate Local Contested Calendar for today pursuant to Senate Rule 113, was put upon its passage:

SB 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.

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

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

Coleman Dawkins Dean Garner Gillis Harbison Hemmer

Henson Hooks Kemp Langford of 35th Langford of 29th Madden Marable

MONDAY, MARCH 15, 1993

1313

Middleton Oliver Perdue Pollard
Ragan of llth

Ragan of 32nd Robinson Scott Slotin
Starr

Thomas Thompson
Turner Walker

Those voting in the negative were Senators:

Balfour Burton Cheeks Qay Crotts

Day Edge Egan Glanton

Gochenour Isakson Newbill Tysinger

Those not voting were Senators:

Alien (excused) Farrow (excused) Hill

Huggins (excused) Parrish Ralston (excused)

Ray (excused) Taylor (excused)

On the passage of the bill, the yeas were 35, nays 13.

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

SENATE RULES CALENDAR
Monday, March 15, 1993
THIRTY-SIXTH LEGISLATIVE DAY
HB 24 Driver's License Suspension for Certain Crimes, DUI--chemical tests (Substi tute) (S Judy--28th) (Pursuant to Senate Rule 143, final passage of the bill was suspended on March 10, 1993.)
HR 122 Baldwin County--conveyance of certain state property (Substitute) (F&PU--25th)
(Pursuant to Senate Rule 143, final adoption of the resolution was suspended on March 10, 1993.)
HR 49 Butts County--repeal conveyance, lease of certain state property (F&PU--44th) HR 121 Gilmer County--easement for repair of portion of single-family residence
(F&PU-51st) HR 125 Baldwin County--easement for sanitary sewer line (F&PU--25th)
HR 167 Richmond County--leasing of certain state-owned property (F&PU--23rd) HR 182 Rabun County--sublease interests in certain state-owned real property
(F&PU--50th)
HR 229 Habersham County--conveyance of certain state property (F&PU--44th) HB 232 Inmate Medical Treatment--sums collected reimbursed if innocent (Corr--10th) HB 38 Teachers Retirement--deduct certain membership dues from benefit payments
(Ret--38th) HB 511 Actions for Grandparent Visitation--when adopted by stepparent (S Judy--6th) HB 403 Sheriffs--deposit of certain funds (Amendment) (S Judy--6th) HB 476 Driver Training Instructor License--valid for 2 years (Pub Saf--54th)
HB 538 Trademarks--registration of certain service marks by school boards (ST&I--30th)

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JOURNAL OF THE SENATE

HB 255 Educational Facility Requirements--exempt certain boards from fees, assess ments (Ed--21st)
HB 303 Ad Valorem Property Tax--interest on certain refunds (Substitute) (F&PU--45th)
HB 551 Alcoholic Beverage Taxes Paid, Stamps Purchased--refunds, credits (C Aff--35th)
HB 764 Sheriffs--alternative methods of filling vacancies (Pub Saf--45th)
HB 545 Construction Improvement to Property Other Than Public Work--security de posits (Amendment) (Judy--51st)
HB 552 Unstamped Distilled Spirits--prohibit knowingly possessing, selling (C Aff--35th)
HB 205 Sheriffs--change qualifications (Pub Saf--30th)
HB 714 Board of Landscape Architects--membership (ST&I--5th)
HB 379 Charitable Solicitations Act of 1988--exempt certain charities (F&PU--5th)
HR 180 Georgia Lead Poisoning Prevention Study Committee--create (Rules--55th)
HB 447 Removing Certain Motor Vehicle--failure to provide certain notice (Pub Saf--16th)
HB 496 Peace Officers' Annuity, Benefit Fund--repeal physical examination requirement (Ret--16th)
HB 695 Boating Safety--restrict certain vessels on certain lakes (Nat R--20th)
HB 779 Probate Court Judges Retirement--no cost-of-living increase certain ones (Ret--10th)
HB 737 Public School Contracts--local boards doing business with certain financial insti tutions (Ed--36th)
SR 117 Senate Music Industry Committee--create (Rules--31st)
HB 29 Inmates--unlawful drugs, weapons brought into jail (Corr--43rd)
HB 30 Sheriffs' Inmate Records--inspection (Corr--15th)
HB 144 Retirement/Pensions (Title 47-Official Code of Georgia Annotated)--correct er rors, omissions (Judy--42nd)
HB 145 Official Code of Georgia Annotated--correct errors, omissions (Amendment) (Judy--42nd)
HB 146 Elections (Title 21-Official Code of Georgia Annotated)--correct errors, omis sions (Judy--42nd)
HB 429 Local School Funds--purposes to expend (Substitute) (Ed--52nd)
HB 172 Stolen Motor Vehicle--notice to owner upon recovery (Pub Saf--36th)
HB 113 Special License Plate for Purple Heart Veterans--fees (D&VA--15th)
HB 222 Boards of Tax Assessors--may receive tax returns, homestead exemptions (F&PU--23rd)
HB 76 Advertising Disclaimer--size regarding availability (Amendment) (C Aff--35th)
Respectfully submitted,
1st George Hooks of the 14th, Chairman Senate Rules Committee

MONDAY, MARCH 15, 1993

1315

The following general bill of the House, having been read the third time and final ac tion suspended on March 10, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage:

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.
Senate Sponsor: Senator Edge of the 28th.

The substitute to HB 24 offered by Senator Marable of the 52nd on March 10, as it appears in the Journal of March 10, was automatically reconsidered and put upon its adoption.

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, 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 Coleman Crotts Dawkins Day Dean

Edge Egan Garner 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 Robinson Scott Slotin Starr Thomas Thompson Turner Tysinger

Those not voting were Senators:

Alien (excused) Farrow (excused) Huggins (excused)

Parrish Ralston (excused) Ray (excused)

Taylor (excused) Walker

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

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

The following general resolution of the House, having been read the third time and final

1316

JOURNAL OF THE SENATE

action suspended on March 10, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its adoption:

HR 122. By Representative Parham of the 122nd: A resolution authorizing the conveyance of certain state owned real property lo cated in Baldwin County.
Senate Sponsor: Senator Baugh of the 25th.

The substitute to HR 122 offered by Senators Dean of the 31st and Baugh of the 25th on March 10, as it appears in the Journal of March 10, 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 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 Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Day Dean

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

Middleton Newbill Oliver Perdue Pollard Ragan of llth Ragan of 32nd Robinson Scott Slotin Starr Thompson Turner Tysinger

Those not voting were Senators:

Alien (excused) Dawkins Farrow (excused) Henson

Huggins (excused) Isakson Parrish Ralston (excused)

Ray (excused) Taylor (excused) Thomas Walker

On the adoption of the resolution, the yeas were 44, nays 0.

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

The following general resolutions of the House, favorably reported by the committee, were read the third time and put upon their adoption:

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

MONDAY, MARCH 15, 1993

1317

of Georgia, to convey or lease certain state owned real property located in Butts County, Georgia, to the board of commissioners of Butts County.
Senate Sponsor: Senator Starr of the 44th.

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

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

Those voting in the affirmative were Senators:

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

Edge Egan Garner Glanton Gochenour Harbison Hemmer Henson Hill Hooks Kemp Langford of 35th Langford of 29th Madden M arable

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

Those not voting were Senators:

Alien (excused) Blitch Farrow (excused) Gillis

Muggins (excused) Isakson Parrish Ralston (excused)

Ray (excused) Taylor (excused) Walker

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

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

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.
Senate Sponsor: Senator Ralston of the 51st.

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour Baugh Blitch

Boshears Broun of 46th Brown of 26th Burton

Cheeks Clay Coleman Crotts

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JOURNAL OF THE SENATE

Dawkins Day Dean Ed8e
Glanton Gochenour Harbison Hemmer Henson

Hill Hooks Kemp Langford of 35th Langford of 29th Marable Middleton Newbill Oliver Perdue Pollard

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

Those not voting were Senators:

Alien (excused) Bowen Farrow (excused) Huggins (excused)

Isakson Madden Parrish

Ralston (excused) Ray (excused) Taylor (excused)

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

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

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

SB 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.

The House substitute to SB 16 was as follows:

A BILL
To be entitled an Act to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions 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 power boats 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."
Section 2. Said article is further amended by striking in its entirety subsection (c) of

MONDAY, MARCH 15, 1993

1319

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 Chattachoochee River between the Morgan Falls Dam and the Georgia Highway 400 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 moved that the Senate agree to the House substitute to SB 16.

On the motion, 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 BTBC,rhuoerwte, oknns of 26th
Clay Coleman
Crotts
Dawkins Day Dean

Edge Egan Garner Gillis Glanton Gochenour IHHHTeeanmrbsmiosnoern
Hill Hooks
Kemp
Langford of 29th Madden Marable

Middleton Newbill Oliver Perdue Pollard Ragan of llth K_RDoafgb.ainnsoon<t oon^ndj
Scott Slotm
Thomas
Thompson Turner Tysinger

Those not voting were Senators:

Alien (excused) Bowen

Farrow (excused) Huggins (excused)

Isakson Langford of 35th

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JOURNAL OF THE SENATE

Parrish Ralston (excused)

Ray (excused) Starr

Taylor (excused) Walker

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 16.

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

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.
Senate Sponsor: Senator Baugh of the 25th.

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 Boshears Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Day Dean Edge

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

Those not voting were Senators:

Marable Middleton Newbill Oliver
PJ7oCrlH UUllPC
Ragan of 32nd Robinson Scott Slotin Starr Thompson Turner Tysinger

Alien (excused) Blitch Bowen Dawkins Farrow (excused)

Huggins (excused) Isakson Parrish Pollard Ragan of llth

Ralston (excused) Ray (excused) Taylor (excused) Thomas Walker

On the adoption of the resolution, the yeas were 41, nays 0.

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

MONDAY, MARCH 15, 1993

1321

The following general resolutions and bills of the House, favorably reported by the com mittees, were read the third time and put upon their passage:
HR 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.
Senate Sponsor: Senator Cheeks of the 23rd.
Senator Cheeks of the 23rd offered the following substitute to HR 167:
A RESOLUTION
Authorizing the leasing of certain real property owned by the State of Georgia in Rich mond County, Georgia; authorizing the conveyance of certain state owned real property lo cated in Richmond County, Georgia, to the Board of Commissioners of Richmond County; to. provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS:
(1) The State of Georgia is the owner of a certain tract or parcel of real property located in Richmond County, Georgia; and
(2) Said real property is all that tract or parcel of land lying and being in Richmond County, Georgia, lying in and being a part of the 86th GMD, containing approximately 26 acres more or less, according to a drawing entitled "Property to be leased to Master City Little League, Inc.," and marked in red on file with the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented by lessee to the State Properties Commission for approval; and
(3) Said property is under the custody of the Georgia Department of Human Resources; and
(4) Said parcel is not being utilized by the Department of Human Resources and is therefore surplus to its needs; and
(5) Master City Little League, Inc., is desirous of leasing the above-described state property for the purpose of establishing and maintaining a little league baseball program; and
(6) Resolution Act 3, H.R. 295 enacted at the 1989 regular session of the General As sembly authorized the conveyance of a portion of the above-described property to the Rich mond County Development Authority and the said conveyance has not been consummated;
and
WHEREAS:
(1) The State of Georgia is the owner of approximately ten acres of real property bounded by Phinizy Road, Louisville Road, and the right of way of the Georgia Florida Railroad located in Richmond County, Georgia; and
(2) The custody of the subject state owned real property is vested in the Department of Human Resources; and
(3) The said real property is all that tract of real property containing approximately ten acres as indicated on a drawing outlined in red in the offices of the State Properties Com mission and shall be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; and
(4) Richmond County is desirous of establishing a fire station and fire training facility on the above state property; and

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JOURNAL OF THE SENATE

(5) The said real property is no longer needed by the Department of Human Resources and is therefore surplus to its needs; and
(6) Richmond County is encouraged to convey to Master City Little League, Inc., an interest either by deed, lease, or otherwise in a certain two-acre tract of county owned prop erty conveyed to Richmond County by the State of Georgia as authorized pursuant to a resolution (Res. Act No. 95, H.R. 966) authorizing the conveyance of certain state owned real property located in Richmond County, Georgia, approved May 4, 1992 (Ga. L. 1992, p. 3075).
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL AS SEMBLY OF GEORGIA:
ARTICLE 1
Section 1. That the State of Georgia is the owner of the referenced hereinabove-described real property located in the 86th GMD and that, in all matters relating to the leas ing of said property, the State of Georgia is acting by and through its State Properties Commission.
Section 2. That the State of Georgia, acting by and through its State Properties Com mission, is authorized to lease the hereinabove-described tract of land located in the 86th GMD to Master City Little League, Inc., for a period of 25 years commencing with the execution of the lease agreement.
Section 3. That the above-described property shall be used solely for public purposes.
Section 4. That the consideration for such lease shall be $650.00 per year and upon such other terms and conditions as may be determined by the State Properties Commission to be in the best interests of the State of Georgia.
Section 5. That any sublease of subject property must be approved by the State Proper ties Commission, and any remuneration in excess of $650.00 per year is to be remitted to the State of Georgia.
Section 6. That the authorization in this article of this resolution to lease the abovedescribed property to Master City Little League, Inc., shall expire three years after the date that this article becomes effective.
Section 7. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such leasing.
Section 8. That the resolution (Resolution Act No. 3, H.R. No. 295) authorizing the conveyance of certain state owned real property located in Richmond County upon selection and identification by the Department of Human Resources, approved April 4, 1989 (Ga. L. 1989, p. 700), is repealed in its entirety.
ARTICLE 2
Section 9. That the State of Georgia is the owner of the above-described real property bounded by Phinizy Road, Louisville Road, and the right of way of the Georgia Florida Railroad and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
Section 10. That the State Properties Commission is authorized to do all acts and things necessary and proper to effect such conveyance of property to the Board of Commis sioners of Richmond County.
Section 11. That the consideration for such conveyance shall be $650.00 so long as the property is used for public purposes and shall be upon such other terms and conditions as may be prescribed by the State Properties Commission.
Section 12. That the conveyance considered in this article of this resolution shall con tain such other reasonable terms and conditions as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission

MONDAY, MARCH 15, 1993

1323

is authorized to use a more accurate description of the property, so long as the description utilized by the State Properties Commission describes the same conveyance area considered in this article.
Section 13. That the conveyance instrument authorized by this article of this resolution shall be recorded by the grantee in the Superior Court of Richmond County and a recorded copy shall be forwarded by the State Properties Commission.
Section 14. That the authorization in this article to convey the property as described in Section 9 to the Board of Commissioners of Richmond County shall expire three years after the date that this resolution becomes effective.
ARTICLE 3
Section 15. That this resolution shall become effective upon its approval by the Gover nor or upon its becoming law without such approval.
Section 16. That all laws and parts of laws in conflict with this resolution are repealed.

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

The President announced that, pursuant to Senate Rule 143, consideration of HR 167 would be suspended and placed on the Senate General Calendar.

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.
Senate Sponsor: Senator Middleton of the 50th.

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

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

Those voting in the affirmative were Senators:

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

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

Marable Middleton Newbill Oliver Perdue Ragan of 32nd Robinson Scott Slotin Starr Thomas Thompson Turner Tysinger

Those not voting were Senators:

Alien (excused)
Bau8h Bowen Broun of 46th Farrow (excused)

Huggins (excused)
Isak80n Parrish Pollard Ragan of llth

Ralston (excused) Ray (excused)
Tavlor (excused) Walker

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JOURNAL OF THE SENATE

On the adoption of the resolution, the yeas were 42, nays 0.

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

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.
Senate Sponsors: Senators Starr of the 44th and Middleton of the 50th.

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

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

Those voting in the affirmative were Senators:

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

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

Marable

Middleton

Newbill

Oliver

Perdue

Ragan of llth

R

fd

^_ co6tt

flotln

Starr

Thomas

Thompson

Turner

Tysinger

Those not voting were Senators:

Alien (excused) Bowen Farrow (excused) Huggins (excused)

Langford of 35th Parrish Pollard Ralston (excused)

Ray (excused) Robinson Taylor (excused) Walker

On the adoption of the resolution, the yeas were 44, nays 0.

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

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.
Senate Sponsor: Senator Thomas of the 10th.

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

MONDAY, MARCH 15, 1993

1325

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 Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Isakson Langford of 29th Madden

Marable Middleton Newbill Oliver Pollard Ragan of llth Ragan of 32nd Robinson Scott Slotin Starr Thomas Thompson Turner Tysinger

Those not voting were Senators:

Alien (excused) Farrow (excused) Huggins (excused) Kemp

Langford of 35th Parrish Perdue Ralston (excused)

Ray (excused) Taylor (excused) Walker

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

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

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.
Senate Sponsor: Senator Abernathy of the 38th.

The following Certification, as required by law, was read by the Secretary:

DEPARTMENT OF AUDITS 254 Washington Street, S.W.
Room 214 Atlanta, Georgia 30334-8400

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Bill Cummings, Chairman

House Retirement Committee

FROM:

Claude L. Vickers, State Auditor

DATE:

February 17, 1993

SUBJECT: House Bill 38 (LC 21 2223S) Teachers Retirement System

This bill would authorize the board of trustees of the Teachers Retirement System of

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JOURNAL OF THE SENATE

Georgia to deduct from benefit payments the membership dues of certain nonprofit organi zations, domiciled in Georgia, if 30 percent of the retired members belong to the organiza tion and the organization reimburses the retirement system for the cost of making the de duction. The bill also provides that the retirement system is not liable for any dispute that arises regarding the deductions.
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 report of the committee, which was favorable to the passage of the bill, was agreed to.

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 Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Edge Egan

Garner 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 Robinson Scott Slotin Starr Thomas Thompson Turner Tysinger

Those not voting were Senators:

Alien (excused) Broun of 46th Brown of 26th Farrow (excused)

Huggins (excused) Parrish Ralston (excused)

Ray (excused) Taylor (excused) Walker

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

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

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.
Senate Sponsor: Senator Boshears of the 6th.

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

MONDAY, MARCH 15, 1993

1327

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 BBnruorwtonn ofe 2nn6nth
Cheeks Coleman
Crotts Dawkins Day Dean

Edge Egan Gillis Glanton Gochenour Harbison Hemmer IHHToenoskosn
Isakson Kemp
Langford of 35th Langford of 29th Madden Marable

Middleton Newbill Oliver Perdue Pollard Ragan of llth *>,,,,,,,, e oo A K ,R, aogfbB .innsoOnI o2nQ
cott Slotln
Starr Thompson Turner Tysinger

Those not voting were Senators:

Alien (excused) Clay Farrow (excused) Garner

Hill Huggins (excused) Parrish Ralston (excused)

Ray (excused) Taylor (excused) Thomas Walker

On the passage of the bill, the yeas were 44, nays 0.

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

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.
Senate Sponsor: Senator Boshears of the 6th.

The Senate Committee on Special Judiciary offered the following amendment:

Amend HB 403 by striking line 17 of page 1 and inserting in lieu thereof the following:
"used for this purpose; to provide for exemptions; to provide that the rights, duties, and powers of sheriffs within the corporate limits of municipalities are not affected, limited, or impaired by the authorization for certain contracts between sheriffs and municipalities for the provision of law enforcement services to the municipalities or by such contracts; to provide".
By striking line 3 of page 4 and inserting the following:
"Section 2. Said article is further amended by striking subsection (b) of Code Section 15-16-13 of the Official Code of Georgia Annotated, relating to certain law enforcement con tracts between sheriffs and municipalities, and inserting in lieu thereof a new subsection to read as follows:
'(b) Any contract authorized by this Code section shall not affect, impair, or limit the authority or powers of the municipal corporation or of the sheriff except as otherwise speci fied in the contract. This Code section is intended to enhance and supplement municipal police services and in no way shall this Code section affect, limit, or impair the rights, du ties, and powers of the sheriffs of the various counties of this state within the corporate

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JOURNAL OF THE SENATE

limits of municipalities. Sheriffs have the same duties, powers, and arrest authority within municipalities that they have in unincorporated areas. A sheriff's duties, powers, and arrest authority shall not be limited, impaired, or affected in any way should a sheriff and munici pality enter into a contract for the sheriff to provide additional deputies and services to a municipality.'
Section 3. (a) Subsection (b) of Code Section". By striking line 7 on page 4 and inserting the following:
"effective July 1, 1993. Section 1 of this Act shall apply to cash bonds and". By renumbering Section 3 as Section 4.
On the adoption of the amendment offered by the Senate Committee on Special Judici ary, the yeas were 3, nays 37, and the amendment was lost.
Senator Kemp of the 3rd offered the following amendment:
Amend HB 403 by striking from lines 9 and 10 of page 1 the following:
"Georgia Indigent Defense Council", and inserting in lieu thereof the following:
"governing authority of the county".
By striking in their entirety lines 13 through 15 of page 1 and inserting in lieu thereof the following:
"be remitted to the local governing authority for the specific purpose of training local county police personnel and local sheriffs office personnel; to provide for the remittance of.
By striking from line 29 of page 2 the following:
"Georgia Indigent Defense Council", and inserting in lieu thereof the following:
"local governing authority".
By striking from line 3 of page 3 the following: Georgia Indigent Defense Council",
and inserting in lieu thereof the following: "local governing authority".
By striking in their entirety lines 9 and 10 on page 3 and inserting in lieu thereof the following:
"(e) The sheriff shall deposit cash bonds and cash". By striking in their entirety lines 19 through 21 of page 3 and inserting in lieu thereof the following:
"receipt, to the local governing authority for the specific purpose of training local sher iffs office personnel or county police personnel. With each remittance the".
By striking in their entirety lines 26 through 29 of page 3 and inserting in lieu thereof the following:
"remittance. The county governing authority shall allocate all interest received from such funds deposited in interest-bearing trust accounts to the training of local sheriffs office personnel or county police personnel."

MONDAY, MARCH 15, 1993

1329

By striking in their entirety lines 1 and 2 of page 4 and inserting in lieu thereof the following:
"shall send a written notice to the local governing authority.'"

On the adoption of the amendment offered by Senator Kemp of the 3rd, the yeas were 18, nays 23, and the amendment was lost.

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

On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators:

Baugh Boshears Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Dawkins Day Dean Edge Egan

Garner Gillis Glanton Harbison Hemmer Henson Hill Isakson Langford of 35th Madden Middleton Oliver

Perdue Pollard Ragan of 32nd Robinson Scott Slotin Starr Thomas Thompson Turner Tysinger Walker

Those voting in the negative were Senators:

Balfour Blitch Bowen Crotts

Gochenour Hooks Kemp Langford of 29th

Marable Newbill Ragan of llth

Those not voting were Senators:

Abernathy Alien (excused) Farrow (excused)

Huggins (excused) Parrish Ralston (excused)

Ray (excused) Taylor (excused)

On the passage of the bill, the yeas were 37, nays 11.

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

The President announced that the Senate would stand in recess from 12:35 o'clock P.M. until 1:45 o'clock P.M.

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

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JOURNAL OF THE SENATE

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

MONDAY, MARCH 15, 1993

1331

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 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 House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:
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 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.
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 61. By Senators Dawkins of the 45th, Hooks of the 14th, Edge of the 28th and others:
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 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.

1332

JOURNAL OF THE SENATE

The House has adopted by the requisite constitutional majority the following resolution of the Senate:
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 House has agreed to the Senate substitutes to the following bills of the House:
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 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.
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1077. 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 1078. 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 1079. By Representatives Childers of the 13th and Smith of the 12th: A bill to amend an Act creating the Board of Commissioners of Floyd County, so as to provide a one-year residency requirement for persons qualifying for election as a member of the board.
HB 1082. By Representatives Towery of the 30th, Shipp of the 38th, Clark of the 40th, Ehrhart of the 36th, Atkins of the 29th and others: A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the provisions relating to vacancy in the office of the sheriff.
HB 1083. By Representatives Dixon of the 150th, Mueller of the 152nd, Johnson of the 153rd, Pelote of the 149th, Johnson of the 148th and others: A bill to amend an Act providing for the compensation of certain officials in Chatham County, so as to change the minimum compensation of the clerk of the superior court.

MONDAY, MARCH 15, 1993

1333

HB 1085. By Representatives Cauthorn of the 35th, Coker of the 31st, Vaughan of the 34th, Hammond of the 32nd, Atkins of the 29th and others: A bill to create the Cobb County Elected Officials' Compensation Review Commission.
HB 1088. By Representative Bargeron of the 120th: A bill to amend an Act creating a new charter for the City of Wadley, 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.
The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
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 House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
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.
The House has disagreed to the Senate substitute to 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 disagreed to the Senate amendments to the following bills of the House:
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 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

1334

JOURNAL OF THE SENATE

annual salaries of such sheriffs; to change the population brackets; to change the effective date of cost-of-living increases in salaries.
The following bills of the House were read the first time and referred to committee:
HB 1077. 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 1078. 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 1079. By Representatives Childers of the 13th and Smith of the 12th: A bill to amend an Act creating the Board of Commissioners of Floyd County, so as to provide a one-year residency requirement for persons qualifying for election as a member of the board.
Referred to Committee on Urban and County Affairs.
HB 1082. By Representatives Towery of the 30th, Shipp of the 38th, Clark of the 40th and others: A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the provisions relating to vacancy in the office of the sheriff.
Referred to Committee on Urban and County Affairs.
HB 1083. By Representatives Dixon of the 150th, Mueller of the 152nd, Johnson of the 153rd and others: A bill to amend an Act providing for the compensation of certain officials in Chatham County, so as to change the minimum compensation of the clerk of the superior court.
Referred to Committee on Urban and County Affairs.
HB 1085. By Representatives Cauthorn of the 35th, Coker of the 31st, Vaughan of the 34th and others: A bill to create the Cobb County Elected Officials' Compensation Review Commission.
Referred to Committee on Urban and County Affairs.
HB 1088. By Representative Bargeron of the 120th: A bill to amend an Act creating a new charter for the City of Wadley, 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.
Senator Abernathy of the 38th moved that the following local bill of the Senate, having

MONDAY, MARCH 15, 1993

1335

been moved from the Senate Local Consent Calendar to the Senate Local Contested Calen dar, and passed previously today, be immediately transmitted to the House:

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.

On the motion, the yeas were 32, nays 4; the motion prevailed, and SB 351 was immedi ately transmitted to the House.

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

HB 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.
Senate Sponsor: Senator Farrow of the 54th.

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour Baugh Boshears Bowen Broun of 46th Brown of 26th BChuerteokns
Clay Crotts
Dawkins Day
Dean Edge

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

Marable Middleton Newbill Perdue Pollard Ragan of llth R rf 32nd ,,Rofb-inson
Scott Slotm
Thomas Thompson
Tysinger Walker

Those not voting were Senators:

Alien (excused) Blitch Coleman Huggins (excused)

Langford of 35th Oliver Parrish Ralston (excused)

Ray (excused) Starr Taylor (excused) Turner

On the passage of the bill, the yeas were 44, nays 0.

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

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JOURNAL OF THE SENATE

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.
Senate Sponsor: Senator Garner of the 30th.

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour Baugh Boshears
Bowen ,_ Broun of 46th BBruorwtonn of 26th Cheeks Clay Coleman Dawkins
Day Dean

Edge Egan Farrow Garner
Gillis Glanton HHeamrbmisoern Henson Hill Hooks Isakson
Langford of 29th Madden

Marable Middleton Perdue Pollard

Raganofllth

D

t Q0 .

RRaogbainnsoonf 32nd

cott

slotln Starr

Thomas

Thompson Tysinger

Those not voting were Senators:

Alien (excused) Blitch Crotts
Gochenour Huggins (excused)

Kemp Langford of 35th Newbill
Oliver Parrish

Ralston (excused) Ray (excused) Taylor (excused)
Turner Walker

On the passage of the bill, the yeas were 41, nays 0.

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

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

SB 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.

The House substitute to SB 327 was as follows:

A BILL
To be entitled an Act 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

MONDAY, MARCH 15, 1993

1337

the people of said county; to provide for procedures, requirements, and other matters rela tive thereto; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. It is the purpose of this Act to provide for an advisory referendum within Butts County to determine the type of government of Butts County preferred by the voters of said county.

Section 2. (a) It shall be the duty of the election superintendent of Butts County to issue the call for an advisory election for the purpose of submitting a question to the elec tors of said county to determine the type of government preferred by a majority of the electors voting at said election. The superintendent shall set the date of such election for the same date as the date of the first special or general election held in Butts County in which the electors of the entire county may participate. The superintendent shall issue the call for such election at least 30 days prior to the date thereof. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks imme diately preceding the date thereof in the official organ of Butts County. The ballot shall have printed thereon the following:

"Advisory Referendum Election

[ ] YES [ ] NO

Shall the structure of the present Board of Commissioners of Butts County in which five members are elected from five separate districts and such members elect a chairperson from among their membership be changed to a form of government whereby five members shall be elected from five sepa rate districts and a chairperson shall be elected on a county-wide basis, all serving in a part-time capacity, and the chairperson shall be the chief elec tive officer of the county and shall: (1) preside over all meetings of the board, (2) sign all orders of the board, (3) vote to break any tie on questions before the board, and (4) perform all duties imposed by law upon the com missioners of the board?"

(b) It shall be the duty of the election superintendent of Butts County to hold and conduct the advisory election provided for in this section and to tabulate the results of such election. It shall be the further duty of said superintendent to certify the results of said election to the Secretary of State and to each member of the General Assembly whose Sena torial or Representative District lies wholly or partially within Butts County. The expense of such election shall be borne by Butts County.

(c) It is found, determined, and declared that the holding of the advisory referendum election provided for in this section is in all respects for the benefit of the people of Butts County and is for a public purpose and is an essential governmental function for which public funds may be expended.

Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Crotts of the 17th moved that the Senate agree to the House substitute to SB 327.

On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 327.

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JOURNAL OF THE SENATE

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

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

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

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

Those voting in the affirmative were Senators:

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

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

Marable Middleton Perdue Pollard Ragan of llth Ragan of 32nd Robinson Scott Slotin Starr Thomas Thompson Turner Tysinger

Those not voting were Senators:

Alien (excused) Blitch Garner Gochenour Huggins (excused)

Langford of 35th Newbill Oliver Parrish

Ralston (excused) Ray (excused) Taylor (excused) Walker

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

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

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 filing such vacancies.
Senate Sponsor: Senator Dawkins of the 45th.

MONDAY, MARCH 15, 1993

1339

Senator Dawkins of the 45th offered the following substitute to HB 764:

A BILL
To be entitled an Act to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for the selection of bailiffs in the superior courts; to authorize the provision by local law for alternative methods of filling vacancies in the office of sheriff; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by adding at the end of Article 1 of Chapter 6, relating to general provisions rela tive to superior courts, a new Code Section 15-6-35 to read as follows:
"15-6-35. The sheriff shall have the right to select such bailiffs, with the approval of the court, as may be necessary to transact properly the business thereof. Whenever the public interests require it, the judge shall have the power to appoint such additional bailiffs as the judge deems necessary."
Section 2. Said title is further amended by striking in its entirety subsection (a) of Code Section 15-16-8, relating to the filling of vacancies in the office of sheriff, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Except as otherwise provided by local law, vacancies vacancies in the office of sher iff shall be filled and the proceedings thereafter shall be as in cases of vacancies in the office of clerk of the superior court, subject to the exception provided in subsection (b) of this Code section."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

The President announced that, pursuant to Senate Rule 143, consideration of HB 764 would be suspended and placed on the Senate General Calendar.

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.
Senate Sponsor: Senator Garner of the 30th.

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

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

Those voting in the affirmative were Senators:

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 Isakson Kemp Langford of 29th Madden

1340

JOURNAL OF THE SENATE

Marable Middleton Perdue Pollard
Ragan of llth

Ragan of 32nd Robinson Slotin Starr
Thomas

Thompson Turner
. Tysmger
Walker

Those not voting were Senators:

Alien (excused) Blitch Dawkins Huggins (excused)

Langford of 35th Newbill Oliver Parrish

Ralston (excused) Ray (excused) Scott Taylor (excused)

On the passage of the bill, the yeas were 44, nays 0.

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

Senator Garner of the 30th gave notice that, at the proper time, he would move that the Senate reconsider its action in passing HB 205.

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.
Senate Sponsor: Senator Burton of the 5th.

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

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

Those voting in the affirmative were Senators:

Balfour Baugh Boshears Bowen Broun of 46th Brown of 26th
^ pC,hertekns
Crotts
Dawkins Day Dean Edge Egan

Farrow Garner Gillis Glanton Gochenour Harbison
H,,Heenmsmoner
Hill
Hooks Kemp Langford of 35th Langford of 29th Madden

Marable Middleton Perdue Pollard Ragan of llth Ragan of 32nd
RaScoob*ti.*tnson
Slotin
Starr Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Alien (excused)
Coleman Huggins (excused)

Isakson Newbill
Oliver Parrish

Ralston (excused) Ray (excused)
Taylor (excused) Thomas

MONDAY, MARCH 15, 1993

1341

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

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

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.
Senate Sponsor: Senator Burton of the 5th.

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

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

Those voting in the affirmative were Senators:

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 Isakson Kemp Langford of 35th Langford of 29th Madden Marable

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

Those not voting were Senators:

Abernathy Alien (excused) Blitch

Huggins (excused) Newbill
Oliver

Ralston (excused) Ray (excused) Taylor (excused)

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

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

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.
Senate Sponsor: Senator Henson of the 55th.

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

1342

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 Balfour Baugh Boshears Bowen Broun of 46th B,,Bruorwtonn of 26th Cheeks Clay Crotts
Dawkins
Day Dean Edge

Egan Farrow Garner Gillis Gochenour Harbison H,,Heenmsmoner Hill Hooks Isakson
Kemp
Langford of 35th Langford of 29th Madden

Marable Middleton Parrish Perdue Pollard R of mh oKagan otf o3o2ndA
Slotm Starr Thompson Turner Tysinger Walker

Those not voting were Senators:

Alien (excused) Blitch Coleman Glanton

Huggins (excused) Newbill Oliver Ralston (excused)

Ray (excused) Robinson Taylor (excused) Thomas

On the adoption of the resolution, the yeas were 44, nays 0.

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

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.
Senate Sponsor: Senator Robinson of the 16th.
Senator Marable of the 52nd offered the following substitute to HB 447:
A BILL
To be entitled an Act 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 for additional consequences with respect to the failure to provide certain re quired notice and information; 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; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to abandoned motor vehicles, is amended by striking subsection (k) of Code Section 40-11-2, relating to duties of persons who remove or store certain motor vehicles, and inserting in lieu thereof the following:
"(k) Any person who does not provide the notice and information required by this Code section shall not be entitled to any storage fees, shall not be eligible to contract with or

MONDAY, MARCH 15, 1993

1343

st providing thereof, and shall not be licensed by any municipal authority to provide removal of improp erly parked cars under Code Section 44-1-13."
Section 2. Said article is further amended by adding at the end thereof a new Code Section 40-11-9 to read as follows:
"40-11-9. (a) If a motor vehicle has been left unattended on private property for not less than two days or on public property for not less than three days without the owner or driver making any attempt to recover such vehicle or to leave a conspicuously placed note that such owner or driver intends to return for such vehicle; or, if a conspicuous note was left, if the motor vehicle has been left unattended for not less than five days and if because of damage, vandalism, theft, or fire the vehicle is damaged to the extent that its restoration to an operable condition would require the replacement of one or more major component parts or involves any structural damage that would affect the safety of the vehicle; or if there is evidence that the vehicle was inoperable due to major mechanical breakdown at the time it was left on the property, such as the engine, transmission, or wheels missing, no coolant in the in the cooling system, no oil in the engine, or burned fluid in the transmis sion; or if the vehicle is seven or more years old; or if the vehicle is not currently tagged or is not verifiable by the state as to who is the current owner or lienholder of the vehicle; or if the vehicle has been abandoned to a wrecker service by an insurance company and the owner following the insurance company's making a total loss payment, then any person re moving such vehicle shall within 72 hours of removing such vehicle obtain the identity of and address of the last known registered owner of the vehicle, the owner of the vehicle as recorded on the certificate of title of such vehicle, and any security interest holder or lienholder on such vehicle from the local law enforcement agency of the jurisdiction in which the vehicle was located. If the law enforcement agency shows no information on the vehicle, then a request for such information may be sent to the Department of Revenue. Within 72 hours after obtaining such information, the person removing such vehicle shall, by certified mail, return receipt requested, notify the registered owner, title owner, and se curity interest holder or lienholder of the vehicle that such vehicle will be declared a derelict vehicle and the title to such vehicle will be canceled by the state revenue commissioner if such person or persons fails to respond within ten days of receipt of such notice. The state revenue commissioner shall prescribe the form and content of such notice. If the registered owner, title owner, or security interest holder or lienholder fails to respond within 30 days from the date of such notice by certified mail, and if the vehicle is appraised as having a total value of less than $300.00, the vehicle shall be considered to be a derelict vehicle. The value of the vehicle shall be determined as 50 percent of the wholesale value of a similar car in the rough section of the National Auto Research Black Book, Georgia Edition, or if a similar vehicle is not listed in such book, the person shall obtain an appraisal of the motor vehicle from the local law enforcement agency's auto theft section with jurisdiction in the county or municipality where such vehicle is located. Any person removing a vehicle shall complete a form, to be provided by the state revenue commissioner, indicating that the vehicle meets at least four of the above-stated eight conditions for being a derelict vehicle and shall file such form with the Department of Revenue and the law enforcement agency with jurisdiction from which such vehicle was removed.
(b) Upon determination that a vehicle is a derelict motor vehicle as provided in subsec tion (a) of this Code section, it may be disposed of by sale to a person who scraps, disman tles, or demolishes motor vehicles, provided that such vehicle may be sold for scrap or parts only and shall in no event be rebuilt or sold to the general public. Any person disposing of a derelict motor vehicle shall, prior to disposing of such vehicle, photograph such vehicle and retain with such photograph the appraisal required in subsection (a) of this Code section and the notice to the state revenue commissioner required in this subsection for a period of three years after its disposition. Such person shall also notify the state revenue commis sioner of the disposition of such vehicle in such manner as may be prescribed by the state revenue commissioner. The state revenue commissioner shall cancel the certificate of title for such vehicle and shall not issue a rebuilt or salvage title for such vehicle.

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JOURNAL OF THE SENATE

(c) For purposes of this Code section, the term 'derelict vehicle' shall not include a vehicle which does not bear a manufactured vehicle identification number plate or a vehicle identification number plate assigned by a state jurisdiction.
(d) Any person who abandons a derelict motor vehicle on public or private property shall be guilty of a misdemeanor and upon conviction shall be fined not more than $500.00 and shall pay all costs of having such derelict motor vehicle removed, stored, and sold as provided for in this Code section.
(e) Any person removing a derelict motor vehicle who fails to comply with the require ments of this Code section or who knowingly provides false or misleading information when providing any notice or information required by this Code section shall be guilty of a misdemeanor.
(f) The Department of Revenue, the state revenue commissioner, and the State of Geor gia and the person removing, storing, and processing the vehicle unless recklessly or grossly negligent shall not be liable to the owner of a vehicle declared to be a derelict motor vehicle pursuant to this Code section."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted.
The President announced that, pursuant to Senate Rule 143, consideration of HB 447 would be suspended and placed on the Senate General Calendar.

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.

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 Thomas Buck, III

State Representative

FROM:

Claude L. Vickers, State Auditor

DATE:

January 27, 1993

SUBJECT: House Bill 496 (LC 21 2081) Peace Officers Annuity and Benefit Fund

This bill would repeal provisions requiring members of the Peace Officers' Annuity and Benefit Fund to obtain a physical examination as part of the application for membership. The bill also repeals disability benefits for persons who become members on or after 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

MONDAY, MARCH 15, 1993

1345

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

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 Isakson Kemp Langford of 35th Langford of 29th Madden

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

Those not voting were Senators:

Alien (excused) Henson Huggins (excused)

Newbill Oliver Ralston (excused)

Ray (excused) Taylor (excused)

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

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

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.
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:

Abernathy Alien Balfour Baugh Blitch 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

1346

JOURNAL OF THE SENATE

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

Parrish Perdue Pollard Ragan of llth Robinson Scott Slotin

Starr Taylor Thomas Thompson Turner Tysinger Walker

Voting in the negative was Senator Boshears.

Those not voting were Senators:

Bowen Garner Huggins (excused)

Oliver Ragan of 32nd

Ralston (excused) Ray (excused)

On the passage of the bill, the yeas were 48, nays 1.

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

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.
Senate Sponsor: Senator Thomas of the 10th.

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 12, 1993

SUBJECT: House Bill 779 (LC 21 2243) Judges of the Probate Courts Retirement Fund

This bill would provide that certain members of the Judges of the Probate Courts Re tirement Fund who join the fund on or after July 1, 1993 would not be entitled to receive the automatic cost of living benefit increases that current members are allowed. The bill also allows the board of trustees to grant a cost of living increase if the actuary certifies that such action is actuarially sound. The increase for current members, who do receive the auto matic increase, cannot exceed 1 percent and the increase for members, who are not eligible for the automatic increase, cannot exceed 3 percent. The bill limits the total benefit increase to not more than 1.5 percent in any six month period.

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

MONDAY, MARCH 15, 1993

1347

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

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 Brown of 26th Burton Cheeks Clay Coleman Crotts Day Dean Edge Egan Farrow

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

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

Those voting in the negative were Senators:

Blitch

Broun of 46th

Dawkins

Those not voting were Senators:

Abernathy Bowen Garner

Huggins (excused) Langford of 35th Oliver

Ralston (excused) Ray (excused)

On the passage of the bill, the yeas were 45, nays 3.

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

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.
Senate Sponsor: Senator Scott of the 36th.

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

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

Those voting in the affirmative were Senators:

Alien Balfour Baugh Blitch

Boshears Broun of 46th Burton Cheeks

Clay Coleman Crotts Dawkins

1348

JOURNAL OF THE SENATE

Day Dean Edge Egan Farrow Gillis Glanton Gochenour Harbison
Hemmer
Henson
Hill

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

Ragan of 32nd Robinson Scott Slotin Starr Tavlor ,i*ylr ,lr>mas Thompson
Turner
Tysinger
Walker

Those not voting were Senators:

Abernathy Bowen Brown of 26th

Garner Huggins (excused) Langford of 35th

Oliver Ralston (excused) Ray (excused)

On the passage of the bill, the yeas were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption:

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.
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 Isakson Kemp Langford of 35th Langford of 29th Madden Marable

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

MONDAY, MARCH 15, 1993

1349

Those not voting were Senators:

Bowen Huggins (excused)

Oliver Ralston (excused)

Ray (excused)

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 House, favorably reported by the committees, were read the third time and put upon their passage:

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.
Senate Sponsor: Senator Parrish of the 43rd.

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

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

Those voting in the affirmative were Senators:

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 Gochenour Harbison Hemmer Henson Hill Hooks Isakson Kemp Langford of 29th Madden Marable

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

Those not voting were Senators:

Dawkins Dean Huggins (excused)

Langford of 35th Oliver Ralston (excused)

Ray (excused) Thomas

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

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

1350

JOURNAL OF THE SENATE

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.
Senate Sponsor: Senator Harbison of the 15th.

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

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 Isakson Kemp Langford of 35th Langford of 29th Madden Marable

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

Those not voting were Senators:

Huggins (excused) Oliver

Ralston (excused)

Ray (excused)

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

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

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.
Senate Sponsors: Senators Oliver of the 42nd and Robinson of the 16th.

MONDAY, MARCH 15, 1993

1351

The following Certification, as required by law, was read by the Secretary:

DEPARTMENT OF AUDITS 254 Washington Street, S.W.
Room 214 Atlanta, Georgia 30334-8400

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Charles Thomas

State Representative

FROM:

Claude L. Vickers, State Auditor

DATE:

January 11, 1993

SUBJECT: House Bill 144 (LC 9 7048) Title 47 Retirement and Pensions

This bill corrects typographical, grammatical, and stylistic errors in Title 47 of the Offi cial Code of Georgia Annotated.

This is to certify that this is a nonfiscal retirement bill as defined in the Public Retire ment Systems Standards Law.

/s/ 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:

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 Kemp Langford of 35th Langford of 29th Madden Marable

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

Those not voting were Senators:

Clay Egan Huggins (excused)

Isakson Oliver Ralston (excused)

Ray (excused) Walker

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

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

1352

JOURNAL OF THE SENATE

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.
Senate Sponsors: Senators Oliver of the 42nd and Robinson of the 16th.
The Senate Committee on Judiciary offered the following amendment:
Amend HB 145 by striking lines 17 through 19 of page 12 and inserting in lieu thereof the following:
"and (13)' in the living will contained in subsection (b) and by striking from item 1 in the living will form contained in subsection (b) of Code Section 31-32-3, relating to execu tion of a living will, the following:
'( ) including hydration but not nourishment, or',
and inserting in lieu thereof the following:
'( ) including nourishment but not hydration, or' ".
By striking line 20 of page 12 and inserting in lieu thereof the following:
"Section 32. Title 32 of the Official Code of Georgia Annotated is amended as follows:
(1) By striking Code Section 32-6-29, relating to the duty of the Department of Trans portation to enforce Article 2 of Chapter 6 of said title and paragraph (15) of subsection (a) of Code Section 32-2-2 and enforcement officers, and inserting in lieu thereof a new Code Section 32-6-29 to read as follows: new Code Section 32-6-29 to read as follows:
'32-6-29. (a) It shall be the duty of the department to enforce this article and the licens ing and fuel tax registration requirements contained in paragraph (15) of subsection (a) of Code Section 32-2-2. To carry out this duty, the commissioner is authorized to appoint en forcement officers who shall have the power:
(1) To enforce all laws, rules, and regulations pertaining to this article and the licensing and fuel tax registration requirements contained in paragraph (15) of subsection (a) of Code Section 32-2-2;
(2) To prevent and detect acts which constitute civil or criminal violations of the laws, rules, and regulations pertaining to this article and the licensing and fuel tax registration requirements contained in paragraph (15) of subsection (a) of Code Section 32-2-2;
(3) To arrest without warrant any person charged with criminal offenses appertaining to the laws, rules, and regulations pertaining to this article and the licensing and fuel tax regis tration requirements contained in paragraph (15) of subsection (a) of Code Section 32-2-2; and
(4) To issue citations for civil damages to any person found violating the laws, rules, and regulations pertaining to the weights of motor vehicles, trailers, and loads}.
(b) The commissioner is authorized to appoint enforcement officers who shall have, in addition to any powers or duties created by any other law, the power
{&} (1) To enforce all state laws and to arrest any person found to be violating any state law but "only on the following properties owned or controlled by the department: rest areas, truck-weighing stations or checkpoints, wayside parks, parking facilities, and any buildings and grounds for public equipment and personnel used for or engaged in administration, construction, or maintenance of the public roads or research pertaining thereto;
46} (2) To enforce Code Section 16-10-24, but only in those situations involving the

MONDAY, MARCH 15, 1993

1353

obstruction or hindrance of enforcement officers designated by the department in their offi cial duties and to arrest any person found to be violating Code Section 16-10-24 in this regard;
?} (3) To carry firearms issued or authorized by the department while in the perform ance of tEeir duties but only if such enforcement officers have been certified by the Georgia Peace Officer Standards and Training Council as having successfully completed the course of training required by Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act';
{8} (4) To direct and control traffic on any public road which is part of the state high way system but only in areas where maintenance and construction activities are being per formed and at scenes of accidents and emergencies until local police officers or Georgia State Patrol officers arrive and have the situation under control;
{9) (5) To enforce, on any public road which is part of the state highway system, Code Section TF-11-43 and to arrest any person found to be violating any provision of said Code Section;
(6) To enforce, on any public road which is part of the state highway system, Code Section lB^7-43 and to arrest any person found to be violating any provision of said Code section;
(7) To enforce, on any public road which is part of the state highway system, Code Section 1TT7-24 and to arrest any person found to be violating any provision of said Code section; and
(8) To enforce any state law when ordered to do so by the Governor or protect any life or property when the circumstances demand action.
(b) (c) These enforcement officers shall have the full authority of peace officers while in the performance of their duties. As used in this subsection, the term 'peace officer' means any person who by virtue of his or her office of public employment is vested by law with a duty to maintain public order or to make arrests for offenses, whether that duty extends to all crimes or is limited to specific offenses.
{} (d) Each person designated by the commissioner as an enforcement officer shall take an oath~~Eefore an officer duly authorized to administer oaths. For each such person, the department shall secure a bond of not less than $5,000.00 from a surety company licensed to transact business in this state. Such bond shall be conditioned upon the faithful perform ance of his or her duties and made payable to the commissioner and his or her successors in office."

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 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 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

1354

JOURNAL OF THE SENATE

Henson Hill Hooks ITKs.aekmspon Langford of 35th Langford of 29th Madden
Marable

Middleton Newbill Parrish PrP>oerlitldauredj Ragan of llth Ragan of 32nd Robinson
Scott

Slotin Starr Taylor rT,_rnh, om_a..s Ihompson Turner Tysinger
Walker

Voting in the negative were Senators Baugh and Glanton.

Those not voting were Senators:

Huggins (excused) Oliver

Ralston (excused)

Ray (excused)

On the passage of the bill, the yeas were 50, nays 2.

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

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.
Senate Sponsors: Senators Oliver of the 42nd and Robinson of the 16th.

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

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

Those voting in the affirmative were Senators:

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 Isakson Kemp Langford of 35th Langford of 29th Madden Marable

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

MONDAY, MARCH 15, 1993

1355

Those not voting were Senators:

Egan Huggins (excused)

Oliver Ralston (excused)

Ray (excused)

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

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

The following general bill of the House, having been read the third time on March 9 and committed to the Senate Committee on Education, and favorably reported by the com mittee, was put upon its passage:

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.
Senate Sponsor: Senator Marable of the 52nd.
The Senate Committee on Education offered the following substitute to HB 429:
A BILL
To be entitled an Act 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; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. 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, is amended by strik ing Code Section 20-2-411, relating to the receipt of the public school fund, and inserting in its place the following Code section:
"20-2-411. When the public school fund shall be received and receipted for, it shall be the duty of the officers authorized by law to receive such fund and keep it separate and distinct from other funds. The school funds shall be used for educational purposes and may be used to pay the salaries of personnel and to pay for the utilization of school facilities, including school buses, for extracurricular and interscholastic activities, including literary events, music and athletic programs within individual schools and between schools in the same or in different school systems when such activities are sponsored by local boards of education as an integral part of the total school program, to provide scholarships, loans, or both for postsecondary education, and for no other purpose. The terms and methods of repayment of such scholarships and loans shall be specified by the local board of education which provides them. When taxes are paid into the state treasury, the Comptroller General shall in no case receipt a tax collector for them until that part of the tax so paid in which was raised for school purposes is separated in amount from the gross amount paid in. It shall be lawful to invest school funds in securities of the states, United States, or municipal ities of this state or in certificates of deposit."
Section 2. 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 HB 429 offered by the Senate Committee on Education by adding to line 27 after the word "education" the words "in Georgia in the field of education".

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On the adoption of the amendment offered by Senator Marable of the 52nd, the Presi dent ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Baugh Blitch Boshears Bowen Brown of 26th Burton Cheeks Clay Coleman
Crotts Dean Edge Egan Farrow Garner

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

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

Those voting in the negative were Senators:

Balfour

Day

Dawkins

Starr

Those not voting were Senators:

Alien Broun of 46th

Huggins (excused) Oliver

Ralston (excused) Ray (excused)

On the adoption of the amendment, the yeas were 46, nays 4, and the amendment was adopted.

Senator Robinson of the 16th moved that HB 429 be committed to the Senate Commit tee on Education.

Senator Marable of the 52nd moved that the previous question be ordered.

Senator Edge of the 28th moved that HB 429 be placed on the Table.

On the motion to table HB 429 offered by Senator Edge of the 28th, which motion takes precedence, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Bowen Burton
C heeks CCorolettms an Dean Edge Egan

Gillis Glanton Gochenour
Hooks TIsak. son KemP Langford of 29th Madden

Newbill Perdue Pollard
Ragan of 32nd nRob,.inson Starr Turner Tysinger

MONDAY, MARCH 15, 1993

1357

Those voting in the negative were Senators:

Abernathy Baugh Blitch Boshears Brown of 26th Clay Dawkins
Day

Farrow Harbison Hemmer Henson Hill Langford of 35th Marable Middleton

Parrish Ragan of llth Scott Slotin Taylor Thomas Thompson Walker

Those not voting were Senators:

Alien Broun of 46th Garner

Huggins (excused) Oliver

Ralston (excused) Ray (excused)

On the motion offered by Senator Edge of the 28th, the yeas were 25, nays 24; the motion prevailed.

Senator Marable of the 52nd moved that the Senate reconsider its action in adopting the motion to table HB 429 offered by Senator Edge of the 28th.

On the motion to reconsider offered by Senator Marable of the 52nd, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Baugh Blitch Boshears Brown of 26th Clay Dawkins Day Farrow Garner

Harbison Hemmer Henson Hill Kemp Langford of 35th Madden Marable Middleton

Parrish Ragan of llth Ragan of 32nd Scott Slotin Taylor Thomas Thompson Walker

Those voting in the negative were Senators:

Balfour Bowen Broun of 46th Burton Cheeks Coleman Crotts Dean

Edge Egan Gillis Glanton Gochenour Hooks Isakson Langford of 29th

Newbill Perdue Pollard Robinson Starr Turner Tysinger

Those not voting were Senators:

Alien Huggins (excused)

Oliver Ralston (excused)

Ray (excused)

On the motion offered by Senator Marable of the 52nd, the yeas were 28, nays 23; the motion prevailed, and the motion to table HB 429 offered by Senator Edge of the 28th was reconsidered.

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On the motion to table HB 429 offered by Senator Edge of the 28th, the President ordered a roll call, and the vote was follows:

Those voting in the affirmative were Senators:

Balfour Bowen Burton Cheeks Coleman Crotts Dean

Edge Egan Gillis Glanton Gochenour Hooks Isakson

Newbill Perdue Pollard Robinson Starr Turner Tysinger

Those voting in the negative were Senators:

Abernathy Baugh Blitch Boshears Broun of 46th Brown of 26th Clay Dawkins Day Farrow

Garner Harbison Hemmer Henson Kemp Langford of 35th Langford of 29th Madden Marable Middleton

Oliver Parrish Ragan of llth Ragan of 32nd Scott Slotin Taylor Thomas Thompson Walker

Those not voting were Senators:

Alien Hill

Huggins (excused) Ralston (excused)

Ray (excused)

On the motion to table HB 429 offered by Senator Edge of the 28th, the yeas were 21, nays 30; the motion was lost, and HB 429 was not tabled.

On the motion offered by Senator Marable of the 52nd for the previous question, which is the next motion in precedence, Senator Marable of the 52nd asked unanimous consent that his motion be withdrawn; the consent was granted, and the motion was withdrawn.

On the motion offered by Senator Robinson of the 16th that HB 429 be committed to the Senate Committee on Education, Senator Robinson of the 16th asked unanimous con sent that his motion be withdrawn; the consent was granted and HB 429 was not committed
to the Senate Committee on Education.

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 Baugh Blitch Boshears Bowen

Brown of 26th Clay Harbison Hemmer Henson

Langford of 35th Marable Middleton Parrish Ragan of llth

MONDAY, MARCH 15, 1993

1359

Scott Slotin

Thomas

Walker

Those voting in the negative were Senators:

Balfour Broun of 46th Burton Cheeks Coleman Crotts Dawkins Day Dean Edge Egan

Farrow Garner Gillis Glanton Gochenour Hill Hooks Isakson Kemp Langford of 29th Madden

Newbill Oliver Perdue Pollard Ragan of 32nd Robinson Starr Taylor Thompson Turner Tysinger

Those not voting were Senators:

Alien Huggins (excused)

Ralston (excused)

Ray (excused)

On the passage of the bill, the yeas were 19, nays 33.

The bill, having failed to receive the requisite constitutional majority, was lost.

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

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.
Sseennate Ssppoonsor: Sseennator Ssccott of the 36th.

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

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

Those voting in the affirmative were Senators:

Abernathy 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 Isakson Kemp Langford of 35th Langford of 29th Madden Marable

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Middleton
Newbill OTP,alirvrei.srh, Perdue
Pollard

Ragan of llth
Ragan of 32nd RoScoobitiitnson Slotin
Starr

Thomas Thompson rlpurner
Tysinger Walker

Those not voting were Senators:

Alien Dawkins

Huggins (excused) Ralston (excused)

Ray (excused) Taylor

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

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

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.

Senator Harbison of the 15th moved that HB 113 be committed to the Senate Commit tee on Defense and Veterans Affairs.

On the motion, the yeas were 34, nays 0; the motion prevailed, and HB 113 was com mitted to the Senate Committee on Defense and Veterans Affairs.

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

MONDAY, MARCH 15, 1993

1361

Ragan of 32nd Robinson Scott Slotin

Starr Taylor Thomas Thompson

Turner Tysinger Walker

Those not voting were Senators:

Abernathy Alien

Huggins (excused) Langford of 35th

Ralston (excused) Ray (excused)

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 House, having been withdrawn from the Senate Com mittee on Science, Technology and Industry on February 9 and committed to the Senate Committee on Consumer Affairs, and favorably reported by the committee, was read the third time and put upon its passage:

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.
Senate Sponsor: Senator Langford of the 35th.

The Senate Committee on Consumer Affairs offered the following amendment:

Amend HB 76 by striking on line 23 of page 1 the word "one-half and inserting in lieu thereof the word "one-fifth".

On the adoption of the amendment offered by the Senate Committee on Consumer Affairs, the yeas were 35, nays 0, and the amendment was adopted.

Senator Hill of the 4th offered the following amendment:

Amend HB 76 by striking the words "seven-point" on line 25 of page 1 and inserting in lieu thereof the following:
"six-point".

On the adoption of the amendment offered by Senator Hill of the 4th, the yeas were 35, nays 0, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour Baugh Blitch

Boshears Bowen Broun of 46th Brown of 26th

Burton Cheeks Clay Coleman

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Crotts Dawkins Day Dean Edge Egan Farrow Garner Gillis Glanton Gochenour Harbison Hemmer

Henson Hill Hooks Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton Newbill Oliver Parrish

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

Those not voting were Senators:

Alien Huggins (excused)

Ralston (excused) Ray (excused)

Scott

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

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.
Senate Sponsor: Senator Dawkins of the 45th.

The following Memorandum, as required by law, was read by the Secretary:

DEPARTMENT OF AUDITS 254 Washington Street, S.W.
Room 214 Atlanta, Georgia 30334-8400

MEMORANDUM

TO:

The Honorable Bill Dover, Chairman

House Ways and Means Committee

FROM:

Claude L. Vickers, State Auditor Henry M. Huckaby, Director, Office of Planning and Budget

DATE:

February 17, 1993

SUBJECT: Fiscal Note--House Bill 303S (LC 18 5524S) Ad Valorem Property Tax--Interest on Certain Refunds

This bill would allow taxpayers to receive interest on any refunds due from overpay ment of ad valorem property taxes which resulted from appeals to the county Board of Equalization and from appeals to the Superior Court. The interest would be calculated at 9% per annum from the date the tax is due, with a maximum amount of $250. The bill would also require taxpayers to remit interest at 9% per annum on any funds due the county as a result of final decisions by either the Board of Equalization or the Superior

MONDAY, MARCH 15, 1993

1363

Court. In addition, the bill would require taxpayers to remit property tax payments even if they are planning to appeal the assessment to the Board of Equalization.
The bill would not have a significant fiscal impact on state revenue. However, it would impact county revenues. The extent to which county revenues would be affected cannot be determined at this time. This would require an extensive analysis of all 159 counties' prop erty tax litigations and refunds and this cannot be accomplished within our allotted time frame.

/a/ Claude L. Vickers State Auditor

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

The Senate Committee on Finance and Public Utilities offered the following substitute to HB 303:

A BILL
To be entitled an Act to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization and appeals of ad valorem tax assess ments, so as to provide for procedures with respect to assessments and tax bills during the appeal process; to provide for interest on certain taxpayer refunds; to provide for limitations on interest accruing in the case of certain appeals; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization and appeals of ad valorem tax assessments, is amended by adding a new division at the end of subparagraph (e)(6)(C), to be designated division (iii), to read as follows:
"(iii) If the tax digest for the county for the year in question is prepared and the tax bills are issued before the county board of equalization has rendered its decision on property which is on appeal, the county board of tax assessors shall use the higher of the undisputed amount of the valuation of such property or the previous year's valuation of such property in compiling the tax digest, and tax bills will be issued based on such value. If the final determination of the value on appeal is less than the valuation thus used, the taxpayer shall receive a deduction in his taxes for the year in question. Such deduction shall be refunded to the taxpayer and shall include interest on the amount of such deduction at the same rate as specified in Code Section 48-2-35 which shall accrue from the date the tax was due or was paid, whichever is later. In no event shall the amount of such interest exceed $150.00. If the final determination of value on appeal is greater than the valuation thus used, the taxpayer shall be liable for the increase in taxes for the year in question due to the increased valua tion fixed on appeal with interest at the rate as specified in Code Section 48-2-35. Such interest shall accrue from the date the taxes would have been due absent the appeal to the date the additional taxes are remitted, but in no event shall such interest accrue for a period of more than 180 days."
Section 2. Said Code section is further amended by striking subparagraph (f)(4)(B) and inserting in its place a new subparagraph (f)(4)(B) to read as follows:
"(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 taxes for the year in question. Such deduction shall be re funded to the taxpayer and shall include interest on the amount of such deduction at the same rate as specified in Code Section 48-2-35 which shall accrue from the date the tax was due or was paid, whichever is later. In no event shall the amount of such interest exceed $150.00. If the final determination 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

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year in question due to the increased valuation fixed on appeal with interest at the same rate as specified in Code Section 48-2-35. Such interest shall accruefrom the date the taxes would have been due absent the appeal to the date the additional taxes are remitted, but in no event shall such interest accrue for a period of more than 180 days."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all appeals of ad valorem tax assessments filed on or after that date.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The following Memorandum, as required by law, was read by the Secretary:

DEPARTMENT OF AUDITS 254 Washington Street, S.W.
Room 214 Atlanta, Georgia 30334-8400

MEMORANDUM

TO:

The Honorable Terrell Starr, Chairman

Senate Finance and Public Utilities Committee

FROM:

Claude L. Vickers, State Auditor Henry M. Huckaby, Director, Office of Planning and Budget

DATE:

February 25, 1993

SUBJECT: Fiscal Note--House Bill 303 (Substitute) (LC 18 5635S) Ad Valorem Property Tax--Interest on Certain Refunds

This bill would allow taxpayers to receive interest on any refunds due from the over payment of ad valorem taxes resulting from litigation. The interest would be calculated at 9% per annum from the date the tax is due, not to exceed $150. This bill also sets limita tions on the number of days interest would accrue for taxpayers who owe additional ad valorem taxes as a result of litigation. Interest would accrue for a maximum of 180 days, not including the time required for appeal.

This bill would not have a fiscal impact on state revenue. However, it would impact county revenues. The extent to which county revenues would be affected cannot be deter mined at this time. This would require an extensive analysis of all 159 counties' property tax litigations and refunds and this cannot be accomplished within our allotted time frame. It should be noted that the Department of Revenue predicts this bill would have a minimal impact on county revenues since only a few taxpayers would be entitled to the maximum $150 interest.

Is/ Claude L. Vickers State Auditor

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

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 Balfour Baugh

Blitch Boshears Bowen

Broun of 46th Brown of 26th Burton

MONDAY, MARCH 15, 1993

1365

Cheeks Clay Coleman
Crotts Pawkins

Hemmer Henson Hill
Hooks Isakson

Perdue Pollard Ragan of llth
Ragan of 32nd Robinson

gDjean E |n Farrow Gillis Glanton Gochenour Harbison

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

SSlcoottitn Starr Taylor Thomas Thompson Turner Tysinger

Voting in the negative was Senator Madden.

Those not voting were Senators:

Alien Garner

Huggins (excused) Ralston (excused)

Ray (excused) Walker

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

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

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.
Senate Sponsor: Senator Langford of the 35th.

Senator Langford of the 35th offered the following amendment:

Amend HB 551 by changing "April 13, 1993" to "April 13, 1992" on page 4, line 16.

On the adoption of the amendment, the yeas were 31, nays 2, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Blitch Boshears Bowen Broun of 46th

Brown of 26th Burton Cheeks Clay Coleman Crotts Dean

Edge Gillis Gochenour Harbison Hemmer Henson Hill

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JOURNAL OF THE SENATE

Hooks Isakson Kemp Langford of 35th Langford of 29th Madden Middleton

Oliver Parrish Perdue Ragan of llth Robinson Scott

Slotin Taylor Thompson Turner Tysinger Walker

Those voting in the negative were Senators:

Day Egan Farrow

Glanton Marable Newbill

Pollard Starr

Those not voting were Senators:

Baugh Dawkins Garner

Huggins (excused) Ragan of 32nd Ralston (excused)

Ray (excused) Thomas

On the passage of the bill, the yeas were 40, nays 8.

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

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.
Senate Sponsor: Senator Ralston of the 51st.

The Senate Committee on Judiciary offered the following amendment:

Amend HB 545 by striking in its entirety line 25 on page 3, which reads as follows: "shall render the provisions of Code Section 44-14-361.5",
and inserting in lieu thereof the following:
"shall render the notice to contractor requirement of subsection (a) of this Code section".

On the adoption of the amendment, the yeas were 34, nays 1, and the amendment was adopted.

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

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

MONDAY, MARCH 15, 1993

1367

Dean Edge Egan Farrow G^ner
XGG,loacnh*teonnour Harbison Hemmer Henson Hill Hooks

Isakson Kemp Langford of 35th Langford of 29th Madden
MM.-aiJd_rMadblelet*on Newbi11 Oliver Parrish Perdue Pollard

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

Those not voting were Senators:

Blitch Huggins (excused)

Ralston (excused)

Ray (excused)

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 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.
Senate Sponsor: Senator Langford of the 35th.

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

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 BDBruorwtonn of 26th CQheeks Coleman Crotts Dawkins Dean Edge Egan

Farrow Garner Gillis Glanton
Gochenour Harbison HuTem,mer "Isakskosn KemP Langford of 35th Langford of 29th Madden Marable Middleton

Newbill Oliver Parrish Perdue
Ragan of llth Ragan of 32nd DR0 ofb.inson SSclootti*n Taylor Thomas Thompson Turner Tysinger Walker

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JOURNAL OF THE SENATE

Those voting in the negative were Senators:

Baugh Day

Henson Hill

Pollard Starr

Those not voting were Senators:

Blitch Huggins (excused)

Ralston (excused)

Ray (excused)

On the passage of the bill, the yeas were 46, nays 6.

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

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 4:20 o'clock P.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

TUESDAY, MARCH 16, 1993

1369

Senate Chamber, Atlanta, Georgia Tuesday, March 16, 1993
Thirty-seventh Legislative Day
The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.
Senator Boshears of the 6th 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 resolution of the Senate was introduced, read the first time and referred to committee:
SR 304. By Senator Madden of the 47th: A resolution urging the Department of Corrections to rename the Hart County Probation Detention Center as the "Bobby Joe Whitworth Probation Center".
Referred to Committee on Rules.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the Senate:
SB 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.
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 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.
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.

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The House has passed, as amended, by the requisite constitutional majority the follow ing bills of the Senate:
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 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 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 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 277. By Senators Boshears of the 6th, Kemp of the 3rd, Cheeks of the 23rd and others:
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 146. By Senators Robinson of the 16th, Oliver of the 42nd, Edge of the 28th and others:
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.
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.

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1371

The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
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 House has adopted by the requisite constitutional majority the following resolu tions of the Senate:
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 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 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 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 House has agreed to the Senate substitutes to the following bills of the House:
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.
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.

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JOURNAL OF THE SENATE

The House has agreed to the Senate amendments to the following bills of the House:

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 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 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 License Act," so as to provide for issuance of restricted commercial drivers' licenses to certain drivers in the agri cultural industry.

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.

The House has agreed to the Senate amendment to 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 following reports of standing committees were read by the Secretary:

Mr. President:

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

SR 237. Do pass by substitute. SR 268. Do pass.

HB 341. Do pass as amended. HB 421. Do pass as amended.

Respectfully submitted,

Senator Ragan of the llth District, Chairman

Mr. President:

The Committee on Ethics has had under consideration the following bill of the House

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1373

and has instructed me to report the same back to the Senate with the following recommendation:
HB 972. Do pass as amended. Respectfully submitted, Senator Hill of the 4th 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 678. Do pass as amended. Respectfully submitted, Senator Pollard of the 24th District, Chairman
Mr. President:
The Committee on Insurance and Labor has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the follow ing recommendation:
HB 949. Do pass as amended. Respectfully submitted, Senator Pollard of the 24th 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 383. Do pass. HB 527. Do pass by substitute. HB 648. Do pass by substitute.
Respectfully submitted, Senator Pollard of the 24th District, Chairman
Mr. President:
The Committee on Judiciary has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 556. 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 House and has instructed me to report the same back to the Senate with the following recommendations:
HB 164. Do pass by substitute.

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JOURNAL OF THE SENATE

HB 704. Do pass. HB 936. Do pass.
Mr. President:

Respectfully submitted, Senator Bowen of the 13th District, Chairman

The Committee on Reapportionment 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 787. Do pass as amended.
Respectfully submitted,
Senator Blitch of the 7th 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 222. Do pass. SR 252. Do pass. SR 289. Do pass.

HR 66. Do pass. HR 332. 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 bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 385. Do pass.

HB 976. Do pass.

SB 387. Do pass.

HB 979. Do pass.

SB 388. Do pass.

HB 995. Do pass.

SB 389. Do pass.

HB 996. Do pass.

SB 390. Do pass.

HB 1010. Do pass.

HB 924. Do pass.

HB 1018. Do pass.

HB 940. Do pass.

HB 1023. Do pass.

HB 951. Do pass.

HB 1035. Do pass.

HB 955. Do pass.

HB 1037. Do pass.

HB 970. Do pass.

HB 1044. 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:

SR 222. By Senator Perdue of the 18th:
A resolution to create the Senate Study Committee for a Seamless Education System.

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1375

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.
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.
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".
SR 289. By Senator Perdue of the 18th:
A resolution creating the Senate Defense Conversion Strategies Study Committee.
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 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".
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.
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 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.

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JOURNAL OF THE SENATE

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.
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.
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 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.
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.
HB 556. By Representative Jenkins of the 110th:
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.
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.
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.

TUESDAY, MARCH 16, 1993

1377

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.
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.
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 Cheeks Clay Coleman Crotts Dawkins Day Dean Edge

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

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

Not answering were Senators:

Abernathy Alien Burton Gillis

Langford of 35th Newbill Parrish Purdue

Scott Slotin Walker

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

Senator Pollard of the 24th introduced the chaplain of the day, Dr. Ed Floyd, pastor of Kiokee Baptist Church, Appling, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 301. By Senator Kemp of the 3rd:
A resolution congratulating the pastor, trustees, stewards, and members of the Saint Paul African Methodist Episcopal Church.

SR 302. By Senator Kemp of the 3rd:
A resolution commending the Brunswick College Minority Outreach Committee and the Coastal Georgia Minority Outreach Project.

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JOURNAL OF THE SENATE

SR 303. By Senators Kemp of the 3rd and Boshears of the 6th: A resolution commending Georgia Citizens for the Arts and Golden Isles Arts and Humanities Association.
SR 305. By Senator Newbill of the 56th: A resolution commending the Reverend Cyrus S. Mallard, Jr.
SR 306. By Senator Day of the 48th: A resolution commending Young Joe (Jay) Harrington IV.
SR 307. By Senator Ray of the 19th: A resolution commending the Coffee High School Wrestling Team.
SR 308. By Senator Dean of the 31st: A resolution recognizing and expressing appreciation to Reverend Grady Kines.
SR 309. By Senator Ray of the 19th: A resolution recognizing Stacy Grady.
SR 310. By Senator Dean of the 31st: A resolution recognizing and honoring Lynn Gammage.
SR 311. By Senators Tysinger of the 41st, Burton of the 5th, Coleman of the 1st and Middleton of the 50th: A resolution recognizing and commending the Georgia Tech Yellow Jackets on winning the Atlantic Coast Conference Basketball Tournament.
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 16th
THIRTY-SEVENTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 385 Langford, 29th TOWN OF GAY Provides for penalties which may be imposed for violation of any ordinance, rule or regulation of the town.
SB 387 Thompson, 33rd Clay, 37th CITY OF POWDER SPRINGS Establishes the office of City Tax Commissioner; exofficio sheriff for tax ex ecutions in the City of Powder Springs.

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1379

SB 388 Isakson, 21st Clay, 37th Thompson, 33rd Ragan, 32nd Abernathy, 38th COBB COUNTY
Changes the provisions relating to the appointment of members to the Cobb County Stadium Authority; terms of office.
SB 389 Isakson, 21st Clay, 37th Thompson, 33rd Ragan, 32nd Abernathy, 38th COBB COUNTY
Creates the Cobb-Marietta Coliseum and Exhibit Hall Authority; changes the provision for term of office of the member of the authority appointed by the board of commissioners of Cobb County; provides for terms of office of four years for certain members.
SB 390 Alien, 2nd Coleman, 1st CHATHAM COUNTY
Provides for the compensation of certain officials in Chatham County; changes the compensation of certain officials.
HB 924 Robinson, 16th TALBOT COUNTY
Board of Education; reconstitutes; provides for its powers; duties: election districts; terms; appointment of superintendent.
HB 940 Broun, 46th CITY OF WATKINSVILLE
Provides for a new charter; mayor and council members; date of city elec tions; terms of office.
HB 951 Day, 48th Newbill, 56th DULUTH
Provides for homestead exemption for certain persons; ad valorem tax for City of Duluth; terms, conditions; referendum approval.
HB 955 Gochenour, 27th LAMAR COUNTY
Ad Valorem taxes; county and school purposes; homestead exemption; for disabled residents of Lamar County.
HB 970 Ralston, 51st CITY OF CALHOUN
Ad Valorem taxes; school purposes; homestead exemption for certain resi dents over 65 years of age.

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JOURNAL OF THE SENATE

HB 976 Pollard, 24th LINCOLN COUNTY
Abolishes office of Treasurer; transfers all duties, records, funds to Chairper son; Board of Commissioners.

HB 979 Hooks, 14th LEE COUNTY
Reconstitutes the Board of Education of Lee County.

HB 1010 Boshears, 6th BRANTLEY COUNTY
Compensation for Sheriff; Chief Magistrate of Magistrate Court of Brantley County.

HB 1018 Gochenour, 27th BIBB COUNTY
Provides for Board of Education; levy of school taxes; annual certification to Board of Commissioners; provides for referendum.

HB 1023 Pollard, 24th Cheeks, 23rd Walker, 22nd BURKE, COLUMBIA, RICHMOND COUNTIES
Judges local salary supplement for Augusta Judicial Circuit.

HB 1035 Hill, 4th EVANS COUNTY
Board of Commissioners; chairman and members compensation.

HB 1037 Cheeks, 23rd Pollard, 24th COLUMBIA COUNTY
Provides for election of members of Board of Education; increase compensa tion.

HB 1044 Dawkins, 45th ROCKDALE COUNTY
Provides for homestead exemption from certain school district ad valorem taxes for educations purposes in certain graduated amounts of assessed value; certain residents of that school district who are 65 years of age or over or permanently disabled.

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

Brown of 26th Burton Coleman Crotts

Dawkins Day Egan Farrow

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1381

Garner Gillis Glanton Gochenour SarblSOn HiTe-imj mer
Hooks
Huggins
Kemp
Langford of 29th

Madden Marable Middleton Newbill Oliver _Perd,ue
Pollard
Ragan of llth
Ragan of 32nd
Ralston

Ray Robinson Slotin Starr Taylor T_,h, omas
Thompson
Turner
Tysinger
Walker

Those not voting were Senators:

Abernathy
Allen Bowen Broun of 46th Cheeks

Clay
Dean ,
EdSe Henson

Isakson Langford of 35th
Parrlsh Scott

On the passage of all the local bills, the yeas were 43, nays 0.

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

SENATE RULES CALENDAR
Tuesday, March 16, 1993
THIRTY-SEVENTH LEGISLATIVE DAY
HR 167 Richmond County--leasing of certain state-owned property (Substitute) (F&PU--23rd) (Pursuant to Senate Rule 143, final adoption of the resolution was suspended on March 15, 1993.)
HB 764 Sheriffs--alternative methods of filling vacancies (Substitute) (Pub Saf--45th) (Pursuant to Senate Rule 143, final passage of the bill was suspended on March 15, 1993.)
HB 447 Removing Certain Motor Vehicle--failure to provide certain notice (Substitute) (Pub Saf--16th) (Pursuant to Senate Rule 143, final passage of the bill was suspended on March 15, 1993.)
HB 259 Appropriations 1993-94--provide (Substitute) (Approp--45th) HR 168 Barrow County--easement for sanitary sewer line, state property (F&PU--46th) HB 792 Jackson County/Barrow County Superior Court--terms (Judy--46th) HB 284 Indigent Defense Council--develop program for indigent defense (Judy--42nd) HB 569 Indigent Care Trust Fund--change a definition (H&HS--22nd) HB 720 Merit System--certain Department of Natural Resources employees entitled to
certain benefits (Nat R--4th) HB 243 Georgia Clerks' Cooperative Authority--create (Judy--16th) HB 244 Security Interests in Farm Products--filing fees, superior courts (Judy--16th) HB 333 Juvenile Court, Child Abuse Records--school counselor access (Judy--16th) HB 191 Special Alternative Incarceration--adult education courses (Corr--7th) HB 630 Motor Fuels--documentation for interstate, international shipments
(F&PU--1st)

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JOURNAL OF THE SENATE

HB 302 Removal of Obstruction to Public Roads--reimburse Department of Transporta tion (Trans--1st)
HB 728 Cranston-Gonzalez National Affordable Housing Act--cities/counties (Amend ment) (H&HS--22nd)
HB 257 Solid Waste Facilities--standards for major modifications (Amendment) (Nat R--49th)
HB 472 City/County Accommodations Tax--proceeds used for trade shows, etc. (Substi tute) (F&PU--9th)
HB 651 North Georgia Mountains Authority--purchase property, borrow money, sell al coholic beverages (Nat R--30th)
HB 237 Mortgage Brokers, Bankers--regulation (Substitute) (B&FI--8th)
HB 536 Corporation Income Tax--dividends received from outside state (Substitute) (F&PU--16th)
HB 928 Weights and Measures--device used to dispense compressed natural gas (Amendment) (F&PU--55th)
HR 16 Joint Regionalization of Grady Memorial Study Committee--create (Rules--22nd)
HB 93 Motorized Wheelchair Warranty Act--enact (YA&HE--14th)
HB 137 Local Government Audits--expenditure level (F&PU--13th)
HB 741 Insurance--require coverage for anti-cancer drug therapy (I&L--24th)
SR 217 Senate Study Committee on School Evaluation--create (Rules--52nd)
HB 811 Workers' Compensation Insurance--reduced premium if drug-free workplace (Amendments) (I&L--16th)
HB 100 County Boards of Health--composition, powers (Substitute) (H&HS--22nd)
SR 278 Widening of Cleveland Avenue/Jonesboro Road--urge abandon project (Rules--36th)
HB 322 Certain Department of Human Resources Cases--hearing officers (H&HS--55th)
HB 265 Certain Abandoned Property--revenue commissioner compelling remittance (Substitute) (F&PU--44th)
HB 269 Taxation--Revenue Commissioner release certain property subject to lien (Sub stitute) (F&PU--44th)
HB 350 Revenue and Taxation--computer software constituting personal property (F&PU--26th)
HB 485 Life Without Parole--certain cases (S Judy--12th)
HB 252 Torts--volunteer team doctors immune from civil liability (Amendment) (H&HS--16th)
HB 362 Occupation, Business Fees, Taxes--revise city/county authority (Substitute) (F&PU--24th)
Respectfully submitted,
/s/ George Hooks of the 14th, Chairman Senate Rules Committee
The following general resolution of the House, having been read the third time and final

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1383

action suspended on March 15, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its adoption:

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.
Senate Sponsor: Senator Cheeks of the 23rd.
The substitute to HR 167 offered by Senator Cheeks of the 23rd on March 15, as it appears in the Journal of March 15, 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 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:

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

Gillis Glanton Gochenour Harbison Hemmer Hill Hooks Huggins Kemp Langford of 29th Madden Marable Middleton Newbill 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 Alien Bowen Broun of 46th

Brown of 26th Cheeks Henson Isakson

Langford of 35th Oliver Scott Thomas

On the adoption of the resolution, the yeas were 44, nays 0.
The resolution, having received the requisite constitutional majority, was adopted by substitute.

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JOURNAL OF THE SENATE

The following general bill of the House, having been read the third time and final ac tion suspended on March 15, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage:

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.
Senate Sponsor: Senator Dawkins of the 45th.

The substitute to HB 764 offered by Senator Dawkins of the 45th on March 15, as it appears in the Journal of March 15, was automatically reconsidered and put upon its adoption.

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

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

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

Those voting in the affirmative were Senators:

Balfour Baugh Blitch Boshears Bowen Brown of 26th Burton Clay 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 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 Glanton.

Those not voting were Senators:

Abernathy Alien Broun of 46th

Cheeks Langford of 35th

Scott Walker

On the passage of the bill, the yeas were 48, nays 1.

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

TUESDAY, MARCH 16, 1993

1385

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

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 House amendment was as follows:

Amend SB 277 by adding on line 7, page 1, after "Revision;" the following: "To provide for the application;"; To add a new Section 2 to read: "Section 2. This amendment shall apply to all judgments for permanent alimony en tered before or after the effective date of this amendment."; and By renumbering Section 2 as Section 3.

Senator Boshears of the 6th moved that the Senate agree to the House amendment to SB 277.

On the motion, 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
Q Coleman Crotts Day Dean Edge Egan

Farrow Garner Gillis Glanton Gochenour
Harbison Hemmer Hens(m THTHTTlo1..1o, k. s Huggins Isakson Kemp Langford of 29th Madden Marable

Newbill Oliver Parrish Perdue Pollard
Ragan of llth Ragan of 32nd Ralston ,,R0S1laoytm. Starr Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Dawkins Langford of 35th

Middleton Robinson

Scott Walker

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 277.

Senator Alien of the 2nd moved that the following local bill of the Senate, having been

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passed on the Senate Local Consent Calendar previously today, be immediately transmitted to the House:

SB 390. By Senators Alien of the 2nd and Coleman of the 1st:
A bill to amend an Act providing for the compensation of certain officials in Chatham County, as amended, so as to change the compensation of certain officials.

On the motion, the yeas were 42, nays 0; the motion prevailed, and SB 390 was immedi ately transmitted to the House.

The following general bill of the House, having been read the third time and final ac tion suspended on March 15, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage:

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.
Senate Sponsor: Senator Robinson of the 16th.

The substitute to HB 447 offered by Senator Marable of the 52nd on March 15, as it appears in the Journal of March 15, 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:

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
Henson Hill Hooks Huggins Kemp Langford of 35th Langford of 29th Madden

Marable Middleton Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Slotin Starr Thompson Turner Tysinger

TUESDAY, MARCH 16, 1993

1387

Those not voting were Senators:

Abernathy Clay Glanton Isakson

Newbill Robinson Scott

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

Taylor Thomas Walker

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

Senator Marable of the 52nd moved that HB 447 be immediately transmitted to the House.

On the motion, the yeas were 36, nays 0; the motion prevailed, and HB 447 was imme diately transmitted to the House.

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

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.

Senator Pollard of the 24th moved that the Senate insist upon the Senate amendment to HB 206.

On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendment to HB 206.

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

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.
Senate Sponsor: Senator Dawkins of the 45th.
The Senate Committee on Appropriations offered the following substitute to HB 259:

A BILL
To be entitled an Act to make and provide appropriations for the State Fiscal Year beginning July 1, 1993, and ending June 30, 1994; to make and provide such appropriations for the operation of the State government, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants author ized by law; to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1993, and ending June 30, 1994, as prescribed hereinafter for such fiscal

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year, from funds from the Federal Government and the General Funds of the State, includ ing unappropriated surplus, reserves and a revenue estimate of $8,703,000,000 (excluding indigent trust fund receipts and lottery receipts) for State Fiscal Year 1994.
PART I.
LEGISLATIVE BRANCH

Section 1. General Assembly.

Budget Unit: General Aissseemmbly ..........

$22,291,343

Personal Services - Sttaff .................

$11,173,441

Personal Services - Elleecctteedd Officials .....

. . . . . $3,632,028

Regular Operating Ex:ppeenses ............

. . . . . $2,639,954

Travel - Staff . . .

........ $74,500

Travel - Elected Offic:ials ..............

...... $7,000

Capital Outlay ......

........ $--0--

Equipment ........

....... $147,000

Computer Charges . .

....... $586,000

Real Estate Rentals

......... $5,000

Telecommunications .

$654,000

Per Diem, Fees and (Contracts--Staff . .

....... $146,552

Per Diem, Fees and (Contracts--Elected C)fficials ...............

$2,002,568

Photography ........

...... $90,500

Expense Reimbursem ent Account .......

. . . . . $1,132,800

Total Funds Budgeted . ................

. . . . $22,291,343

State Funds Budgetedi

$22,291,343

Senate Functional Budgets Total funds

State Funds

Senate and Research Office

$

3,544,290 $

3,544,290

Lt. Governor's Office

$

669,573 $

669,573

Secretary of the Senate's Office

$ 1,171,633 $ 1,171,633

Total

$

5,385,496 $

5,385,496

House Functional Budgets Total Funds

State Funds

Research Office

$

8,637,470 $

8,637,470

Speaker of the House's Office

$

471,101 $

471,101

Clerk of the House's Office

$ 1,256,593 $ 1,256,593

Total

$ 10,365,164 $ 10,365,164

Joint Functional Budgets Total Funds

State Funds

Legislative Counsel's Office

$ 2,249,779 $ 2,249,779

Legislative Fiscal Office

$

2,218,389 $

2,218,389

Legislative Budget Office

$

941,320 $

941,320

Ancillary Activities

$

1,131,195 $

1,131,195

Total

$ 6,540,683 $ 6,540,683

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

TUESDAY, MARCH 16, 1993

1389

membership in the Council of State Governments, the National Conference of State Legisla tures and the National Conference of Insurance Legislators and other legislative organiza tions, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other Compacts, upon approval of the Legislative Services Commit tee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Legisla tive Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any State - owned building other than the State Capitol, the committee shall measure the need for said space as compared to space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, consider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Ana lyst and for the Legislative Fiscal Office; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Elec tors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Gov ernment, and the payment and receipt of such allowances shall not be in violation of any law.
The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Com mittee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs for which payments are made from funds appropri ated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other appropriations.
Section 2. Department of Audits. Budget Unit: Department of Audits ................................ $15,405,007 Personal Services. ............................................... $12,960,633 Regular Operating Expenses......................................... $386,000 Travel ............................................................ $521,650 Motor Vehicle Purchases............................................ $115,540 Equipment ......................................................... $15,000 Real Estate Rentals ................................................ $803,184 Per Diem, Fees and Contracts ........................................ $39,000 Computer Charges ................................................. $450,000 Telecommunications ................................................ $114,000 Total Funds Budgeted ........................................... $15,405,007 State Funds Budgeted ........................................... $15,405,007
PART II.
JUDICIAL BRANCH
Section 3. Supreme Court. Budget Unit: Supreme Court........................................ $5,043,199 Personal Services. ................................................ $4,239,099 Operating Expenses .............................................. $1,489,100 Total Funds Budgeted ............................................ $5,728,199 State Funds Budgeted ............................................ $5,043,199
Section 4. Court of Appeals. Budget Unit: Court of Appeals ...................................... $5,723,190 Personal Services................................................. $5,059,013

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Operating Expenses ................................ Total Funds Budgeted.............................. State Funds Budgeted ..............................
Section 5. Superior Courts. Budget Unit: Superior Courts ......................... Operation of the Courts ............................ Prosecuting Attorneys' Council ...................... Sentence Review Panel ............................. Council of Superior Court Judges .................... Judicial Administrative Districts ..................... Total Funds Budgeted.............................. State Funds Budgeted ..............................
Section 6. Juvenile Courts. Budget Unit: Juvenile Courts .........................
Section 7. Institute of Continuing Judicial Education. Budget Unit: Institute of Continuing Judicial Education . Institute's Operations............................... Georgia Magistrate Courts Training Council .......... Total Funds Budgeted .............................. State Funds Budgeted ..............................
Section 8. Judicial Council. Budget Unit: Judicial Council........................ Council Operations ................................ Case Counting .................................... Board of Court Reporting .......................... Payment to Council of Magistrate Court Judges ..... Payment to Council of Probate Court Judges ....... Payment to Council of State Court Judges .......... Payment to Council of Superior Court Clerks ........ Payment to Resource Center ...................... Payment to Computerized Information Network . . . . . Total Funds Budgeted ............................. State Funds Budgeted .............................
Section 9. Judicial Qualifications Commission. Budget Unit: Judicial Qualifications Commission .......
Section 10. Indigent Defense Council. Budget Unit: Indigent Defense Council ...............
PART III.
EXECUTIVE BRANCH
Section 11. Department of Administrative Services. A. Budget Unit: Department of Administrative Services
Personal Services................................. Regular Operating Expenses....................... Travel .......................................... Motor Vehicle Purchases.......................... Equipment ...................................... Computer Charges ............................... Real Estate Rentals .............................. Telecommunications .............................. Per Diem, Fees and Contracts ..................... Rents and Maintenance Expense ..................

. . $714,177 $5,773,190 $5,723,190
$47,889,905 $46,639,629 . $1,806,426 . . . $154,502 . . . $105,139 . $1,058,425 $49,764,121 $47,889,905
. $934,675
. $639,950 . $502,250 . $137,700 . $780,950 . $639,950
$2,269,973 $1,149,984 . . . $76,500 . . . $41,689 . . . $26,000 . . $20,000 . . . $12,000 . . . $33,800 . . $250,000 . . $660,000 $2,269,973 $2,269,973
$144,758
$1,250,000
$36,249,264 $47,339,868 $12,388,068 . . . $259,300 . $270,400 . $1,632,804 $11,272,599 . $2,937,687 . $4,827,483 . . $469,425 $11,289,500

TUESDAY, MARCH 16, 1993

1391

Utilities ....................................

...... $41,000

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 .... $2,321,811

Telephone Billings ..........................

. . $45,416,967

Radio Billings ..............................

$440, 600

Materials for Resale .........................

. . $16,500,000

Public Safety Officers Indemnity Fund ......

... $150,000

Health Planning Review Board Operations

$35,000

Total Funds Budgeted .......................

$160,342,512

State Funds Budgeted .......................

. . $36,249,264

Department of Administrative Services Functional Budgets Total Funds

Executive Administration

$

1,840,408 $

Departmental Administration

$ 5,042,329 $

Statewide Systems

$ 10,949,303 $

Space Management

$

470,802 $

Procurement Administration

$ 2,809,246 $

General Services

$

464,164 $

Central Supply Services

$ 16,893,993 $

Data Processing Services

$ 49,148,314 $

Motor Vehicle Services

$

3,689,982 $

Communication Services

$ 57,409,101 $

Printing Services

$ 6,349,162 $

Surplus Property

$

1,638,467 $

Main and Courier Services

$ 1,156,700 $

Risk Management

$ 2,047,261 $

State Properties Commission

$

433,280 $

Total

$ 160,342,512 $

State Funds 590,850
5,009,940 8,199,303
470,802 2,809,246
-- 0-- -- 0--
12,885,843 -- 0--
5,850,000 -- 0-- -- 0-- -- 0-- -- 0--
433,280 36,249,264

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 ........................ Facilities Renovations and Repairs .... Total Funds Budgeted ....................... State Funds Budgeted .......................

Georgia Building Authority Functional Budgets Total Funds

Grounds

$ 1,402,690

Custodial

$ 5,224,225

. . $--0-- $18,939,392 . . $5,265,584 ...... $19,700
$434,500 . . $221,410 . . . . . $108,600 ...... $17,500 . . . . . $158,886 . . $265,000 ..... $--0-- . $7,240,000 . . . . . $356,800
. $--0--
. . $33,027,372 ...... $--0--

State Funds

$

-- 0--

$

-- 0--

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JOURNAL OF THE SENATE

Maintenance Security Van Pool Sales Administration Railroad Excursions Facility Renovations Total

$ 4,064,128 $

$ 5,622,425 $

$

383,786 $

$ 4,454,562 $

$ 10,098,197 $

$ 1,777,359 $

$

--0-- $

$ 33,027,372 $

--0-- --0-- --0-- --0-- --0-- --0-- --0-- --0--

Section 12. Agency for the Removal of Hazardous Materials. Budget Unit: Agency for the Removal of Hazardous Materials ........... $101,393 Personal Services. ................................................... $82,193 Regular Operating Expenses.......................................... $10,800 Travel .............................................................. $8,000 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 .............................................. $101,393 State Funds Budgeted .............................................. $101,393

Section 13. Department of Agriculture. A. Budget Unit: Department of Agriculture .......................... $33,019,358
Personal Services................................................ $29,214,717 Regular Operating Expenses....................................... $4,079,695 Travel ............................................................ $915,170 Motor Vehicle Purchases............................................ $379,616 Equipment ........................................................ $396,337 Computer Charges ................................................. $281,807 Real Estate Rentals ................................................ $787,510 Telecommunications ................................................ $395,000 Per Diem, Fees and Contracts ..................................... $1,173,236 Market Bulletin Postage ............................................ $860,000 Payments to Athens and Tifton Veterinary Laboratories ............. $2,470,000
Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, and Statesboro ............................... $2,030,634
Veterinary Fees .................................................... $412,000 Indemnities........................................................ $127,000 Advertising Contract ............................................... $175,000 Payments to Georgia Agrirama Development Authority for Operations . . $569,650 Renovation, Construction, Repairs and Maintenance Projects at
Major and Minor Markets ........................................ $200,000 Capital Outlay ...................................................... $--0-- Contract--Federation of Southern Cooperatives ........................ $40,000 Total Funds Budgeted ........................................... $44,507,372 State Funds Budgeted ........................................... $33,019,358

Plant Industry Animal Industry

Department of Agriculture Functional Budgets Total Funds
$ 5,260,406
$ 6,991,961

State Funds $ 4,954,406 $ 6,735,961

TUESDAY, MARCH 16, 1993

1393

Marketing General Field Forces Internal Administration Information and Education Fuel and Measures Consumer Protection Field Forces Meat Inspection Major Markets Seed Technology Entomology and Pesticides Total

$

1,699,735 $

1,647,735

$ 3,193,516 $ 3,068,516

$ 3,283,816 $ 2,894,316

$ 2,033,062 $ 2,033,062

$ 2,929,131 $ 2,795,731

$ 7,805,216 $ 4,905,673

$ 3,891,566 $ 1,316,955

$ 4,486,042 $

864,442

$

656,360 $

--0--

$ 2,276,561 $ 1,802,561

$ 44,507,372 $ 33,019,358

B. Budget Unit: Georgia Agrirama Development Authority ................ $--0-- Personal Services................................................... $795,000 Regular Operating Expenses......................................... $189,361 Travel .............................................................. $6,000 Motor Vehicle Purchases............................................. $23,000 Equipment ......................................................... $10,000 Computer Charges ................................................... $2,250 Real Estate Rentals ................................................. $--0-- Telecommunications .................................................. $7,500 Per Diem, Fees and Contracts ........................................ $13,939 Capital Outlay ...................................................... $75,000 Goods for Resale ................................................... $104,500 Total Funds Budgeted ............................................ $1,226,550 State Funds Budgeted ............................................... $--0---

Section 14. Department of Banking and Finance.

Budget Unit: Department of Banking and Finance

$7,585,368

Personal Services................................................. $6,248,874

Regular Operating Expenses......................................... $299,000

Travel ............................................................ $316,330

Motor Vehicle Purchases............................................. $78,000

Equipment ......................................................... $44,458

Computer Charges ................................................. $290,500

Real Estate Rentals ................................................ $248,700

Telecommunications ................................................. $54,506

Per Diem, Fees and Contracts ......................................... $5,000

Total Funds Budgeted ............................................ $7,585,368

State Funds Budgeted ............................................ $7,585,368

Section 15. Department of Children and Youth Services. Budget Unit: Department of Children and Youth Services............. $82,795,457 Personal Services................................................ $59,698,843 Regular Operating Expenses....................................... $4,276,500 Travel ............................................................ $704,800 Motor Vehicle Purchases............................................ $271,480 Equipment ........................................................ $312,695 Computer Charges ................................................. $486,431 Real Estate Rentals .............................................. $1,313,800 Telecommunications ................................................ $673,600 Per Diem, Fees and Contracts ..................................... $1,982,800 Utilities ......................................................... $1,979,900 Institutional Repairs and Maintenance ............................... $526,600

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Grants to County-Owned Detention Centers ................ Service Benefits for Children .............................. Purchase of Service Contracts ............................. Total Funds Budgeted .................................... State Funds Budgeted ....................................

Children and Youth Services Functional Budgets Total Funds

Regional Youth Development Centers

20,490,464

Milledgeville State YDC

10,405,484

Augusta State YDC

7,839,418

Atlanta State YDC

4,409,298

Macon State YDC

4,738,127

Court Services

14,329,468

Community Treatment Centers

3,043,100

Day Centers

911,500

Group Homes

806,904

Purchased Services

10,346,428

Runaway Investigation/Interstate Compact

821,780

Assessment and Classification

947,340

Youth Services Administration

5,545,446

Total

84,634,757

Section 16. Department of Community Affairs. Budget Unit: Department of Community Affairs.................. Personal Services............................................ Regular Operating Expenses.................................. Travel ..................................................... Motor Vehicle Purchases..................................... Equipment ................................................. Computer Charges .......................................... Real Estate Rentals ......................................... Telecommunications ......................................... Per Diem, Fees and Contracts ................................ Capital Felony Expenses ..................................... Contracts with Regional Development Commissions ............ Local Assistance Grants ..................................... Appalachian Regional Commission Assessment ................. Community Development Block Grants (Federal) .............. Educational Vouchers ....................................... Payments to Music Hall of Fame Authority ................... Payments to Sports Hall of Fame ............................ Local Development Fund .................................... Payment to State Housing Trust Fund ........................ Payment to Georgia Housing Finance Authority................ Payment to Georgia Environmental Facilities Authority ....... Regional Economic Business Assistance Grants................. Total Funds Budgeted ....................................... State Funds Budgeted .......................................

Department of Community Affairs Functional Budgets Total Funds

Office of Commissioner

$ 15,974,507

Government Management

$ 1,467,768

. . $2,686,400 . $9,538,508 . . . . $182,400 . $84,634,757 . $82,795,457
State Funds 19,761,064 10,005,784 7,501,118 4,247,498 4,528,027 14,329,468 3,043,100 911,500 806,904 10,346,428 821,780 947,340 5,545,446 82,795,457
. $19,406,995 . . $5,422,891 .... $230,905 .... $160,820 ..... $--0-- ...... $2,000 .... $152,730 . . $549,167 ..... $45,883 .... $247,034 .... $--0-- .. $2,272,825 . . $1,205,000 .... $94,731 . $30,000,000 .... $250,000 .... $157,323 ..... $--0-- ... $750,000 . . $4,625,000 . . $3,000,000 . . $1,686,111 . . $1,000,000
$51,852,420 . $19,406,995
State Funds
14,689,207
1,467,768

TUESDAY, MARCH 16, 1993

1395

Financial Assistance Coordinated Planning Total

$ 32,036,289 $ 1,036,702 $ 2,373,856 $ 2,213,318 $ 51,852,420 $ 19,406,995

Section 17. Department of Corrections. A. Budget Unit: Administration, Institutions and Probation .......... $550,890,406
Personal Services............................................... $387,225,297 Regular Operating Expenses...................................... $54,242,079 Travel .......................................................... $2,223,686 Motor Vehicle Purchases.......................................... $3,086,323 Equipment ...................................................... $3,783,537 Computer Charges ............................................... $6,098,472 Real Estate Rentals .............................................. $5,299,932 Telecommunications .............................................. $5,158,171 Per Diem, Fees and Contracts ..................................... $4,633,499 Capital Outlay ..................................................... $447,000 Utilities ........................................................ $17,070,956 Court Costs........................................................ $575,000 County Subsidy ................................................. $13,870,000 County Subsidy for Jails .......................................... $3,017,200 Central Repair Fund ............................................... $886,000 Payments to Central State Hospital for Meals ...................... $3,766,755 Payments to Central State Hospital for Utilities .................... $1,331,900 Payments to Public Safety for Meals................................. $444,500 Inmate Release Fund ............................................. $1,740,000 Health Services Purchases ....................................... $46,715,034 Payments to MAG for Health Care Certification ....................... $55,000 University of Georgia--Cooperative Extension Service Contracts ........ $332,060 Minor Construction Fund ......................................... $1,304,300 Total Funds Budgeted .......................................... $563,306,701 Indirect DOAS Funding ............................................ $450,000 Georgia Correctional Industries ....................................... $--0-- State Funds Budgeted .......................................... $550,890,406

Administration Institutions and Support Probation Total

Departmental Functional Budgets Total Funds
$ 54,281,317 $ 411,492,685 $ 97,532,699 $ 563,306,701

State Funds $ 53,778,707 $ 410,370,685 $ 86,741,014 $ 550,890,406

B. Budget Unit: Board of Pardons and Paroles ...................... $36,652,533 Personal Services................................................ $29,751,317 Regular Operating Expenses....................................... $1,202,084 Travel ............................................................ $691,100 Motor Vehicle Purchases............................................. $81,000 Equipment ........................................................ $164,860 Computer Charges ................................................. $470,772 Real Estate Rentals .............................................. $2,526,400 Telecommunications ................................................ $837,500 Per Diem, Fees and Contracts ....................................... $272,500 County Jail Subsidy ........................................... $650,000 Health Services Purchases ............................................ $5,000 Total Funds Budgeted ........................................... $36,652,533 State Funds Budgeted ........................................... $36,652,533

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Section 18. Department of Defense. Budget Unit: Department of Defense ................................ $3,824,731 Personal Services................................................. $6,833,106 Regular Operating Expenses....................................... $4,291,541 Travel ............................................................. $21,960 Motor Vehicle Purchases............................................. $13,000 Equipment ......................................................... $23,000 Computer Charges .................................................. $14,100 Real Estate Rentals .................................................. $4,740 Telecommunications ................................................. $74,108 Per Diem, Fees and Contracts ....................................... $565,900 Capital Outlay ..................................................... $266,000 Total Funds Budgeted ........................................... $12,107,455 State Funds Budgeted ............................................ $3,824,731

Department of Defense Functional Budgets Total Funds

Office of the Adjutant General

$

1,288,634

Georgia Air National Guard

$ 4,476,647

Georgia Army National Guard

$ 6,342,174

Total

$ 12,107,455

State Funds

$ 1,120,086

$

506,931

$ 2,197,714

$ 3,824,731

Section 19. State Board of Education--Department of Education. A. Budget Unit: Department of Education ......................... $3,128,088,118
Operations: Personal Services................................................ $37,105,356 Regular Operating Expenses....................................... $4,126,626 Travel .......................................................... $1,087,967 Motor Vehicle Purchases............................................ $109,500 Equipment ........................................................ $421,823 Computer Charges ............................................... $7,010,846 Real Estate Rentals .............................................. $1,471,304 Telecommunications .............................................. $1,180,382 Per Diem, Fees and Contracts .................................... $15,781,097 Utilities ........................................................... $742,880 Capital Outlay ...................................................... $50,000
QBE Formula Grants: Kindergarten/Grades 1 - 3 ...................................... $753,531,667 Grades 4 - 8 ................................................... $715,965,525 Grades 9 - 12 .................................................. $294,622,175 High School Laboratories ....................................... $124,613,856 Vocational Education Laboratories ............................... $100,756,134 Special Education .............................................. $275,159,949 Gifted.......................................................... $38,022,413 Remedial Education ............................................. $58,760,866 Staff Development and Professional Development .................. $28,891,019 Media.......................................................... $87,006,632 Indirect Cost .................................................. $596,369,241 Pupil Transportation ........................................... $128,954,014 Local Fair Share .............................................. $(615,762,984) Mid-Term Adjustment Reserve ....................................... $--0--
Other Categorical Grants: Equalization Formula........................................... $142,801,545 Sparsity Grants .................................................. $3,609,604 In School Suspension ............................................ $21,059,624 Special Instructional Assistance................................... $51,005,135

TUESDAY, MARCH 16, 1993

1397

Middle School Incentive ......................................... $51,755,114 Special Education Low - Incidence Grants ............................ $416,000 Non-QBE Grants: Education of Children of Low-Income Families ................... $186,500,970 Retirement (H.B. 272 and H.B. 1321) .............................. $4,950,000 Instructional Services for the Handicapped ........................ $36,176,572 Tuition for the Multi-Handicapped ................................ $2,960,451 Severely Emotionally Disturbed .................................. $36,105,108 School Lunch (Federal) ......................................... $136,568,755 School Lunch (State) ............................................ $23,908,943 Supervision and Assessment of Students and Beginning Teachers and
Performance-Based Certification ................................ $1,500,000 Regional Education Service Agencies ............................... $6,746,192 Georgia Learning Resources System ................................ $2,766,212 High School Program ............................................ $18,041,235 Special Education in State Institutions ............................. $3,991,103 Governor's Scholarships........................................... $2,702,000 Advanced Placement Exams.......................................... $--0-- Job Training Partnership Act ..................................... $3,084,680 Vocational Research and Curriculum ................................. $248,270 Even Start ......................................................... $--0-- Salaries and Travel of Public Librarians........................... $10,645,182 Public Library Materials .......................................... $5,007,912 Talking Book Centers .............................................. $911,019 Public Library M&O. ........................................... $4,169,352 Child Care Lunch Program (Federal) ............................. $22,934,480 Chapter II--Block Grant Flow Through ........................... $10,783,825 Payment of Federal Funds to Board of Technical and Adult
Education .................................................... $11,701,897 Education of Homeless Children/Youth ............................... $--0-- Innovative Programs. ............................................. $2,450,000 Next Generation School Grants.................................... $1,000,000 Limited English-Speaking Students Program........................ $6,924,763 Drug Free School (Federal) ...................................... $11,841,909 Transition Program for Refugees .................................... $119,012 Emergency Immigrant Education Program ............................ $223,824 Title II Math/Science Grant (Federal) ............................. $3,715,615 Robert C. Byrd Scholarship (Federal) ................................ $232,000 Health Insurance--Non-Cert. Personnel and Retired Teachers....... $90,047,892 Pre-School Handicapped Program ................................ $13,782,520 Mentor Teachers ................................................. $1,000,000 Nutrition Education ................................................. $65,000 Total Funds Budgeted ......................................... $3,590,432,003 Indirect DOAS Services Funding .................................... $340,000 State Funds Budgeted ......................................... $3,128,088,118

Education Functional Budgets Total Funds

State Administration

$ 6,338,056

Instructional Services

$ 19,876,360

Governor's Honors Program

$ 1,158,966

Administrative Services

$ 18,906,232

Special Services

$ 5,884,043

Professional Practices Commission

$

836,487

Local Programs

$ 3,521,344,222

State Funds

$ 6,022,050

$ 14,430,216

$

1,047,764

$ 14,367,907

$ 2,463,620

$

836,487

$ 3,073,696,242

1398

JOURNAL OF THE SENATE

Georgia Academy for the Blind Georgia School for the Deaf Atlanta Area School for the Deaf Total

$ 4,794,698 $ 6,473,949 $ 4,818,990 $ 3,590,432,003

$ 4,605,697 $ 6,282,662 $ 4,335,473 $ 3,128,088,118

B. Budget Unit: Lottery for Education. .............................. $62,317,678 Pre-Kindergarten for 4-year-olds.................................. $37,100,000 Computer Hardware/Software in Classrooms ....................... $10,310,000 Next Generation Schools .......................................... $1,000,000 Distant Learning - Satellite Dishes ............................... $12,304,078 Postsecondary Options.............................................. $603,600 Educational Technology Centers ................................... $1,000,000 Total Funds Budgeted ........................................... $62,317,678 Lottery Funds Budgeted ......................................... $62,317,678

Section 20. Employees' Retirement System. Budget Unit: Employees' Retirement System ........................... $165,570 Personal Services................................................. $1,553,491 Regular Operating Expenses......................................... $325,263 Travel ............................................................. $15,000 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $26,524 Computer Charges ................................................. $590,710 Real Estate Rentals .................................... .......... $315,749 Telecommunications ................................................. $25,310 Per Diem, Fees and Contracts ..................................... $1,026,000 Benefits to Retirees ................................................. $--0-- Total Funds Budgeted ............................................ $3,878,047 State Funds Budgeted .............................................. $165,570

Section 21. Forestry Commission. Budget Unit: Forestry Commission ................................. $33,130,535 Personal Services................................................ $27,388,183 Regular Operating Expenses....................................... $5,225,056 Travel ............................................................ $150,185 Motor Vehicle Purchases.......................................... $1,212,005 Equipment ...................................................... $1,800,000 Computer Charges ................................................. $300,279 Real Estate Rentals ................................................. $52,245 Telecommunications .............................................. $1,015,119 Per Diem, Fees and Contracts ....................................... $427,797 Ware County Grant ................................................. $--0-- Ware County Grant for Southern Forest World ........................ $30,000 Ware County Grant for Road Maintenance ............................ $60,000 Capital Outlay ..................................................... $200,000 Total Funds Budgeted ........................................... $37,860,869 State Funds Budgeted ........................................... $33,130,535

Forestry Commission Functional Budgets Total Funds

Reforestation

$ 1,650,394

Field Services

$ 32,072,696

General Administration and Support

$ 4,137,779

Total

$ 37,860,869

State Funds

$

--0--

$ 29,271,974

$ 3,858,561

$ 33,130,535

TUESDAY, MARCH 16, 1993

1399

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 .................... State Funds Budgeted ....................

. . $37,061,611 . . $27,947,219 . . $2,356,685 ...... $476,600 ..... $556,160 ...... $546,870 . . . . $1,447,900 ... $1,868,817 ...... $736,060 ..... $649,300 ...... $476,000 ....... $--0--
. . $37,061,611 . . $37,061,611

Georgia Bureau of Investigation Functional Budgets Total Funds

Administration

$ 3,121,920

Drug Enforcement

$ 8,682,636

State Funds 3,121,920 8,682,636

Investigative Georgia Crime Information Center Forensic Sciences Total

10,957,981

10,957,981

6,545,331

6,545,331

7,753,743

7,753,743

37,061,611 $ 37,061,611

Section 23. Office of the Governor. Budget Unit: Office of the Governor ................................ $25,052,407 Personal Services................................................ $12,822,822 Regular Operating Expenses......................................... $851,717 Travel ............................................................ $250,595 Motor Vehicle Purchases............................................. $15,000 Equipment ........................................................ $104,531 Computer Charges ................................................. $506,880 Real Estate Rentals ................................................ $973,937 Telecommunications ................................................ $306,419 Per Diem, Fees and Contracts .................................... $25,738,704 Cost of Operations ............................................... $3,037,100 Mansion Allowance .................................................. $40,000 Governor's Emergency Fund ...................................... $3,250,000 Intern Stipends and Travel ......................................... $160,000 Art Grants of State Funds ........................................ $2,857,357 Art Grants of Non-State Funds ..................................... $511,515 Humanities Grant--State Funds ...................................... $42,800 Art Acquisitions--State Funds ....................................... $--0-- Children and Youth Grants ......................................... $290,975 Juvenile Justice Grants ........................................... $1,144,625 Payments to Hazardous Waste Management Authority ................ $603,200 Georgia Crime Victims Assistance Program ........................... $100,000 Grants to Local Systems ............................................ $432,000 Grants--Local EMA.............................................. $1,044,200 Grants--Other ...................................................... $--0-- Grants--Civil Air Patrol ............................................. $50,000 Total Funds Budgeted ........................................... $55,134,377 State Funds Budgeted ........................................... $25,052,407

1400

JOURNAL OF THE SENATE

Office of the Governor Functional Budgets Dtal Funds

Governor's Office

$ 6,487,100

Office of Fair Employment Practices Office of Planning and Budget

$

871,538

$ 5,700,803

Council for the Arts Office of Consumer Affairs State Energy Office

$ 4,032,670 $ 2,299,290 $ 24,820,072

Vocational Education Advisory Council

$

362,389

Office of Consumers' Utility Council

$

526,513

Criminal Justice Coordinating Council Children and Youth Coordinating Council

$

840,313

$

1,753,085

Human Relations Commission Professional Standards Commission

$

265,609

$

3,310,673

Georgia Emergency Management Agency

$

3,664,322

Office of State Olympic Coordination

$

200,000

Total

$ 55,134,377

State Funds

$

6,487,100

$

766,538

$ 5,700,803

$

3,217,076

$ 2,299,290

$

303,151

$

94,963

$

526,513

$

352,664

$

498,085

$

265,609

$ 3,310,673

$

1,029,942

$

200,000

$ 25,052,407

Section 24. Department of Human Resources. A. Budget Unit: Departmental Operations........
1. General Administration and Support Budget: Personal Services............................ Regular Operating Expenses..................
Travel ..................................... Motor Vehicle Purchases.....................
Equipment ................................. Real Estate Rentals .........................
Per Diem, Fees and Contracts ................ Computer Charges .......................... Telecommunications .........................
Special Purpose Contracts ................... Service Benefits for Children .................
Purchase of Service Contracts ................ Institutional Repairs and Maintenance ........ Postage ....................................
Payments to DMA-Community Care .......... Total Funds Budgeted .......................
Indirect DOAS Services Funding ............. State Funds Budgeted .......................

$585,936,163
. $43,965,059 . . $1,834,565 . . $1,170,227 . . $1,279,129 ..... $74,190 . . $4,650,570 .... $732,614 .... $895,067 .... $629,113 .... $244,000 . $20,857,547 . $31,009,953 ..... $62,500 .... $932,445 . $13,054,342 $121,391,321 .... $412,600 . $71,397,582

General Administration and Support Functional Budgets otal Funds

Commissioner's Office

881,895 $

Budget Administration

1,994,593 $

Office of Children and Youth

20,857,547 $

Administrative Support Services

16,584,397 $

Facilities Management

5,271,528 $

Administrative Appeals

1,638,937 $

Regulatory Services--Program Direction and Support

603,814 $

Child Care Licensing

2,686,523 $

Health Care Facilities Regulation

7,260,481 $

State Funds 881,895
1,994,593 18,087,124 15,289,450 3,677,875 1,638,937
593,814 2,686,523 2,082,940

TUESDAY, MARCH 16, 1993

1401

Fraud and Abuse

$ 5,833,726 $

793,653

Financial Services

$ 5,281,531 $ 5,081,531

Auditing Services

$

1,713,395 $

1,713,395

Personnel Administration

$ 1,654,439 $ 1,654,439

Indirect Cost

$

--0-- $ (8,049,105)

Public Affairs

$

448,662 $

448,662

Aging Services

$ 47,164,609 $ 21,386,612

State Health Planning Agency

$ 1,515,244 $ 1,435,244

Total

$ 121,391,321 $ 71,397,582

2. Public Health Budget:

Personal Services................................................ $47,825,202

Regular Operating Expenses...................................... $71,537,666

Travel ............................................................ $952,450

Motor Vehicle Purchases............................................. $14,700

Equipment ........................................................ $122,419

Real Estate Rentals .............................................. $1,085,055

Per Diem, Fees and Contracts ..................................... $4,193,049

Computer Charges ................................................. $687,039

Telecommunications ................................................ $726,147

Crippled Children's Benefits....................................... $7,933,321

Kidney Disease Benefits ............................................ $308,000

Cancer Control Benefits .......................................... $3,200,000

Benefits for Medically Indigent High-Risk Pregnant Women and

Their Infants .................................................... $960,000

Family Planning Benefits ........................................... $646,222

Crippled Children's Clinics .......................................... $656,000

Special Purpose Contracts .......................................... $743,609

Purchase of Service Contracts .................................... $11,930,604

Grant-In-Aid to Counties ........................................ $75,539,249

Institutional Repairs and Maintenance ................................ $32,100

Postage ........................................................... $139,072

Grants for Regional Maternal and Infant Care ........................ $747,761

Total Funds Budgeted .......................................... $229,979,665

Indirect DOAS Services Funding .................................... $549,718

State Funds Budgeted .......................................... $118,926,584

Public Health Functional Budgets Total Funds

State Funds

District Health Administration

$ 11,069,871 $ 10,940,196

Newborn Follow-Up Care

$ 1,005,618 $

730,463

Dental Health

$ 1,373,948 $ 1,163,773

Stroke and Heart Attack Prevention

$ 1,957,646 $ 1,427,646

Sickle Cell, Vision and Hearing

$ 3,580,757 $ 3,186,028

High-Risk Pregnant Women and Infants

$ 5,363,033 $ 5,251,033

Sexually Transmitted Diseases

$ 3,718,621 $

306,886

Family Planning

$ 7,009,011 $ 3,904,847

Malnutrition

$ 71,291,499 $

--0--

Grant in Aid to Counties

$ 50,191,597 $ 48,093,109

Children's Medical Services

$ 12,885,010 $ 7,885,010

Emergency Health

$ 2,913,138 $ 1,856,590

1402

JOURNAL OF THE SENATE

Primary Health Care
Epidemiology
Immunization
Community Tuberculosis Control
Maternal and Child Health Management
Infant and Child Health
Maternal Health--Perinatal
Chronic Disease
Diabetes
Cancer Control
Director's Office
Employees' Health
Health Program Management
Vital Records
Health Services Research
Environmental Health
Laboratory Services
Community Care
Community Health Management
Aids
Vaccines
Drug and Clinic Supplies
Adolescent Health
Public Health--Planning Councils
Public Health--Division Indirect Cost
Total 3. Rehabilitation Services Budget: Personal Services. ...................... Regular Operating Expenses............. Travel ................................ Motor Vehicle Purchases................ Equipment ............................ Real Estate Rentals .................... Per Diem, Fees and Contracts .......... Computer Charges ..................... Telecommunications ................... Case Services .......................... E.S.R.P. Case Services .................. Special Purpose Contracts .............. Purchase of Services Contracts ......... Institutional Repairs and Maintenance .. Utilities .............................. Postage .............................. Total Funds Budgeted................. Indirect DOAS Services Funding ....... State Funds Budgeted ..................

1,887,290 596,222 782,372
3,499,331 996,764
1,356,765 2,537,885 1,038,985
492,710 4,215,322
816,891 285,717 1,571,602 1,766,832 1,004,481 1,138,808 5,394,415 3,458,537 449,287 6,966,939 11,237,625 3,068,190 2,884,380 172,566
--0--
229,979,665

1,527,795
434,090
3,053,293
675,053
530,397
1,397,232
1,038,985
492,710
4,215,322
619,666
285,717
1,438,001
1,549,536
781,663
964,891
5,274,415
1,275,844
360,650 3,488,944
1,305,471 2,289,354
1,830,280
155,251
(803,557)
118,926,584
. $65,047,862 . $10,898,160 .... $800,856 ..... $58,090 .... $536,650 . . $3,710,863 .. $6,416,726 . . $1,764,686 .. $1,468,683 . $18,018,605 ..... $27,000 .... $675,500 . . $8,554,833 ... $145,550 ... $903,615 .... $533,322 $119,561,001 .... $100,000 . $20,864,341

TUESDAY, MARCH 16, 1993

1403

Rehabilitation Services Functional Budgets Total Funds

District Field Services

38,669,034

Independent Living

651,805

Bobby Dodd Workshop

488,503

Sheltered Employment

I,643,317

Community Facilities

7,209,310

State Rehabilitation Facilities

6,850,859

Diversified Industries of Georgia

981,176

Program Direction and Support

3,193,375

Grants Management

$

684,795

Disability Adjudication

$ 26,957,312

Georgia Factory for the Blind

$ II,956,475

Roosevelt Warm Springs Institute

$ 20,275,040

Total

$ 119,561,001

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 ....................................

State Funds

$ 8,430,337

$

435,305

$

169,813

$

800,783

$ 2,856,033

$ 1,370,172

$ 1,065,111

$

684,795

$

786,692

$ 4,265,300

$ 20,864,341

.... $38,028,106 ..... $3,352,514 ....... $672,453 ........ $ 0 ...... $266,618 ..... $2,012,431 .... $11,502,717 . .... $24,121,482 ..... $4,050,377 ...... $1,049,584 ... $494,074,449 ..... $3,891,738 ... $135,746,430 .... $16,419,657 ...... $3,318,522 . . . . $240,394,753 ... $978,901,831 ...... $2,565,582 ... $374,747,656

Family and Children Services Functional Budgets Total Funds

Director's Office

$

347,251

Social Services

$ 3,555,643

Administrative Support

$ 5,769,692

Quality Assurance

$ 3,642,574

Community Services

$ 11,583,899

Field Management

$ 1,199,218

Human Resources Management

$ 1,779,716

Public Assistance

$ 26,992,649

Child Support Recovery

$ 40,382,082

AFDC Payments

$ 479,162,389

SSI--Supplemental Benefits

$

100

Refugee Programs

$ 2,799,421

Energy Benefits

$ 12,966,539

State Funds 347,251
3,555,643 4,580,019 3,642,574
908,378 1,199,218 1,606,900 11,670,608 3,014,229 180,310,220
100 --0--

1404

JOURNAL OF THE SENATE

County DFACS Operations--Eligibility

99,213,336 $ 49,458,553

County DFACS Operations--Social Services Food Stamp Issuance

74,677,218 $ 25,385,529

2,907,954 $

--0--

County DFACS Operations--Homemakers Services

7,379,845 $ 1,948,918

County DFACS Operations--Joint and Administration

$ 50,129,896 $ 23,060,234

County DFACS Operations--Employability Program

$ 8,994,458 $ 3,375,119

Employability Benefits

$ 20,975,278 $ 8,519,151

Legal Services

$ 2,850,000 $ 2,262,574

Family Foster Care

$ 35,352,709 $ 23,444,863

Institutional Foster Care

$ 6,652,820 $ 5,190,725

Specialized Foster Care

$ 2,261,063 $ 2,117,072

Adoption Supplement

$ 6,903,437 $ 5,373,591

Day Care

$ 68,000,000 $ 18,675,285

Outreach--Contracts

$

144,817 $

144,817

Special Projects

$ 1,062,316 $ 1,038,407

Children's Trust Fund Commission

$

1,215,511 $

1,215,511

Indirect Cost Total

$

--AU--

$ 978,901,831

I<pE (7,297,833) $ 374,747,656

Budget Unit Object Classes: Personal Services............................................... $194,866,229 Regular Operating Expenses...................................... $87,622,905 Travel .......................................................... $3,595,986 Motor Vehicle Purchases.......................................... $1,351,919 Equipment ........................................................ $999,877 Real Estate Rentals ............................................. $11,458,919 Per Diem, Fees and Contracts .................................... $22,845,106 Computer Charges .............................................. $27,468,274 Telecommunications .............................................. $6,874,320 Crippled Children's Benefits. ...................................... $7,933,321 Kidney Disease Benefits ............................................ $308,000 Cancer Control Benefits .......................................... $3,200,000 Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants .................................................... $960,000 Family Planning Benefits ........................................... $646,222 Case Services ................................................... $18,018,605 E.S.R.P. Case Services ............................................... $27,000 Crippled Children's Clinics .......................................... $656,000 Children's Trust Fund ............................................ $1,049,584 Cash Benefits .................................................. $494,074,449 Special Purpose Contracts ........................................ $5,554,847 Service Benefits for Children .................................... $156,603,977 Purchase of Service Contracts .................................... $67,915,047 Grant-In-Aid to Counties ........................................ $75,539,249 Institutional Repairs and Maintenance ............................... $240,150 Utilities ........................................................... $903,615 Postage ......................................................... $4,923,361 Payments to DMA-Community Care .............................. $13,054,342

TUESDAY, MARCH 16, 1993

1405

Grants for Regional Maternal and Infant Care .................. Grants to County DFACS--Operations ......................... 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 ........................................

.... $747,761 $240,394,753
$440,860,194 $347,441,947 . $37,809,681 .... $304,650 ... $472,300 . . $1,794,306 .. $4,542,036 .... $252,637 . . $2,375,596 . . $8,463,825 . $11,745,300 ..... $-0-
. . $1,722,000 . $46,615,557 . $94,990,100 . $26,014,789 . $56,717,208 .... $294,118 $641,556,050 . . $2,404,100 $440,860,194

Community Mental Health/Mental Retardation and Institutional Functional Budgets Total Funds

State Funds

Southwestern State Hospital

45,080,596 $ 25,331,095

Brook Run

31,599,268

13,388,168

Georgia Mental Health Institute

33,129,726

26,127,945

Georgia Regional Hospital at Augusta

24,912,315

20,362,312

Northwest Regional Hospital at Rome

30,240,638

22,535,908

Georgia Regional Hospital at Atlanta

31,004,598

23,272,235

Central State Hospital

138,499,423

83,370,910

Georgia Regional Hospital at Savannah

25,205,473

19,137,073

Gracewood State School and Hospital

48,138,506

23,571,006

West Central Georgia Regional Hospital

23,731,675

18,709,483

Outdoor Therapeutic Program

3,529,132

2,648,855

Mental Health Community Assistance

10,351,462

10,230,162

Mental Retardation Community Assistance

4,746,069

2,918,269

Day Care Centers for Mentally Retarded

73,572,500

45,673,785

Supportive Living

25,671,489

20,674,689

Georgia State Foster Grandparents/Senior Companion Program

744,270

744,270

Project Rescue

521,000

521,000

Drug Abuse Contracts

1,094,000

1,094,000

Community Mental Health Center Services

56,717,208

51,963,908

Project ARC

380,300

380,300

Metro Drug Abuse Centers

1,429,513

1,234,013

1406

JOURNAL OF THE SENATE

Group Homes for Autistic Children
Project Friendship Community Mental Retardation Staff
Community Mental Retardation Residential Services
Contract with Clayton County Board of Education for Autistic Children
MH/MR/SA Administration
Total

$

283,500

$

343,300

$ 4,130,000

$ 15,722,400

$

93,600

$ 10,684,089

$ 641,556,050

$

283,500

$

343,300

$ 4,130,000

$ 15,722,400

$

93,600

$ 6,398,008

$ 440,860,194

Section 25. Department of Industry, Trade and Tourism. Budget Unit: Department of Industry, Trade and Tourism............ $16,076,580 Personal Services................................................. $7,913,338 Regular Operating Expenses....................................... $1,401,008 Travel ......................................................... $290,000 Motor Vehicle Purchases............................................. $32,000 Equipment ......................................................... $61,800 Computer Charges ................................................. $102,452 Real Estate Rentals ................................................ $914,597 Telecommunications ................................................ $217,629 Per Diem, Fees and Contracts ....................................... $678,981 Local Welcome Center Contracts .................................... $129,500 Advertising and Cooperative Advertising ........................... $4,024,578 Georgia Ports Authority Lease Rentals ............................. $1,445,000 Foreign Currency Reserve ............................................ $69,297 Waterway Development in Georgia.................................... $--0-- Lanier Regional Watershed Commission ............................... $--0-- Capital Outlay ...................................................... $--0-- Total Funds Budgeted ........................................... $17,280,180 State Funds Budgeted ........................................... $16,076,580

Department of Industry, Trade and Tourism Functional Budgets

Total Funds

State Funds

Administration

7,861,813 $ 7,038,213

Economic Development

4,009,563 $ 3,849,563

Trade

895,143 $

895,143

Tourism

4,513,661 $ 4,293,661

Total

17,280,180 $ 16,076,580

Section 26. Department of Insurance. Budget Unit: Department of Insurance.............................. $14,084,978 Personal Services................................................ $12,285,610 Regular Operating Expenses......................................... $706,912 Travel ............................................................ $394,214 Motor Vehicle Purchases............................................. $72,000 Equipment ......................................................... $70,820 Computer Charges ................................................. $409,010 Real Estate Rentals ................................................ $611,762 Telecommunications ................................................ $286,025 Per Diem, Fees and Contracts ....................................... $240,000 Health Care Utilization Review ....................................... $--0-- Total Funds Budgeted ........................................... $15,076,353 State Funds Budgeted ........................................... $14,084,978

TUESDAY, MARCH 16, 1993

1407

Department of Insurance Functional Budgets Total Funds

Internal Administration

4,384,441

Insurance Regulation

5,823,509

Industrial Loans Regulation

445,974

Fire Safety and Mobile Home Regulations

4,422,429

Total

15,076,353

State Funds 4,384,441 5,823,509 445,974 3,431,054 14,084,978

Section 27. Department of Labor.
Budget Unit: Department of Labor .................................. $6,073,736 Personal Services................................................ $65,476,948 Regular Operating Expenses....................................... $5,121,799 Travel .......................................................... $1,060,000
Motor Vehicle Purchases............................................. $--0-- Equipment ........................................................ $470,064 Computer Charges ............................................... $8,650,000
Real Estate Rentals .............................................. $2,184,981 Telecommunications .............................................. $1,133,232 Per Diem, Fees and Contracts (JTPA) ............................ $69,282,639
Per Diem, Fees and Contracts ..................................... $2,938,892 W.I.N. Grants ...................................................... $--0-- Payments to State Treasury....................................... $1,774,079 Capital Outlay ................................................... $4,270,000
Total Funds Budgeted .......................................... $162,362,634 State Funds Budgeted ............................................ $6,073,736

Department of Labor Functional Budgets Total Funds

Executive Offices/Administrative Services

$ 26,323,387

Employment and Training Services

$ 136,039,247

Total

$ 162,362,634

State Funds $ 3,233,950 $ 2,839,786 $ 6,073,736

Section 28. Department of Law. Budget Unit: Department of Law.................................... $9,254,289 Personal Services................................................. $8,469,349 Regular Operating Expenses......................................... $478,000 Travel ............................................................ $110,000 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $28,640 Computer Charges ................................................. $161,935 Real Estate Rentals ................................................ $412,920 Telecommunications ................................................ $114,312 Per Diem, Fees and Contracts ........................................ $60,000 Books for State Library ............................................ $140,000 Total Funds Budgeted ............................................ $9,975,156 State Funds Budgeted ............................................ $9,254,289

Section 29. Department of Medical Assistance. A. Budget Unit: Medicaid Services ................................ $1,053,934,646
Personal Services................................................ $13,515,250 Regular Operating Expenses....................................... $3,895,193 Travel ............................................................ $155,400 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $72,289 Computer Charges .............................................. $19,391,681 Real Estate Rentals ................................................ $581,812 Telecommunications ................................................ $425,000

1408

JOURNAL OF THE SENATE

Per Diem, Fees and Contracts .......................... Medicaid Benefits, Penalties and Disallowances ......... Payments to Counties for Mental Health ................ Audit Contracts ....................................... SPY 1993 Medicaid Benefits, Penalties and Disallowances. Total Funds Budgeted.................................. State Funds Budgeted .................................

. . . $65,909,846 . $2,844,966,759 . . . $50,530,241 ...... $772,500 . . . $57,374,067 . $3,057,590,038 . $1,053,934,646

Medical Assistance Functional Budgets Total Funds

Commissioner's Office

1,071,532

Benefits, Penalties and Disallowances Community Services

2,952,871,067 1,130,848

Systems Management

21,149,863

Professional Services

3,874,339

Program Compliance

4,573,004

Institutional Policy and Reimbursement

9,203,558

Maternal and Child Health

561,930

Operations

63,153,897

Total

3,057,590,038

State Funds 535,035
1,035,592,596 438,574
5,980,747 1,788,783 1,768,950 4,436,959
194,377 3,198,625 1,053,934,646

B. Budget Unit: Indigent Trust Fund............................... $120,692,764 Per Diem, Fees and Contracts ........................................ $--0-- Benefits ....................................................... $321,249,258 Total Funds Budgeted .......................................... $321,249,258 State Funds Budgeted .......................................... $120,692,764

Section 30. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel Administration .................. $--0-- Personal Services................................................. $8,366,183 Regular Operating Expenses....................................... $1,683,552 Travel ............................................................. $82,440 Equipment ......................................................... $37,818 Real Estate Rentals ................................................ $908,271 Per Diem, Fees and Contracts ................................... $111,873,969 Computer Charges ............................................... $3,067,474 Telecommunications ................................................ $283,698 Health Insurance Payments ..................................... $737,540,729 Total Funds Budgeted .......................................... $863,844,134 Other Agency Funds................................................. $84,121 Agency Assessments .............................................. $9,937,082 Employee and Employer Contributions ........................... $853,675,731 Deferred Compensation ............................................. $147,200 State Funds ........................................................ $--0--

Merit System Functional Budgets Total Funds

State Funds

Commissioner's Office

$ 1,655,773 $

--0--

Applicant Services

$ 2,519,602 $

--0--

Classification and Compensation

$ 1,253,775 $

--0--

Flexible Benefits

$ 1,311,122 $

--0--

Employee Training and Development

$ 1,323,522 $

--0--

Health Insurance Administration

$ 31,797,621 $

--0--

TUESDAY, MARCH 16, 1993

1409

Health Insurance Claims Internal Administration Total

$ 820,970,637 $ $ 3,012,082 $ $ 863,844,134 $

--0-- --0-- --0--

Section 31. Department of Natural Resources. A. Budget Unit: Department of Natural Resources .................... $65,738,302
Operations Budget: Personal Services................................................ $61,926,122 Regular Operating Expenses...................................... $12,134,798 Travel ............................................................ $431,300 Motor Vehicle Purchases.......................................... $1,798,081 Equipment ...................................................... $2,692,960 Real Estate Rentals .............................................. $2,184,416 Per Diem, Fees and Contracts ..................................... $2,108,221 Computer Charges ................................................. $962,000 Telecommunications .............................................. $1,048,187 Authority Lease Rentals ............................................ $190,000 Advertising and Promotion.......................................... $150,000 Cost of Material for Resale ....................................... $2,450,000 Capital Outlay: New Construction .............................................. $1,056,960 Repairs and Maintenance ....................................... $2,190,000 Land Acquisition Support......................................... $225,000 Wildlife Management Area Land Acquisition ....................... $700,000 Shop Stock--Parks ............................................... $300,000 User Fee Enhancements ........................................ $1,300,000 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 .......................................... $50,000 Technical Assistance Contract ..................................... $106,513 Corps of Engineers (Cold Water Creek State Park).................. $170,047 Georgia Rural Water Association ................................... $80,000 Georgia State Games Commission................................... $89,340 U.S. Geological Survey for Ground Water Resources ................. $300,000 U.S. Geological Survey for Topographic Mapping .................... $--0-- Hazardous Waste Trust Fund ..................................... $4,300,000 Solid Waste Trust Fund .......................................... $3,000,000 Payments to Georgia Agricultural Exposition Authority .............. $2,280,007 Georgia Boxing Commission ........................................... 35,000 Total Funds Budgeted .......................................... $105,693,282 Receipts from Jekyll Island State Park Authority ................. $1,034,594 Receipts from Stone Mountain Memorial Association ................ $4,234,585 Receipts from Lake Lanier Islands Development Authority........... $3,362,900 Indirect DOAS Funding ............................................ $200,000 State Funds Budgeted ........................................... $65,738,302

Department of Natural Resources Functional Budgets Total Funds

State Funds

Internal Administration

$ 6,550,800 $ 6,550,800

1410

JOURNAL OF THE SENATE

Parks, Recreation and Historic Sites Coastal Resources Game and Fish Environmental Protection Total

36,754,849 2,199,102 29,009,108 31,179,423
105,693,282

10,874,820 2,088,602 24,734,358 21,489,722 65,738,302

B. Budget Unit: Georgia Agricultural Exposition Authority ................ $--0-- Personal Services................................................. $1,730,931 Regular Operating Expenses....................................... $1,499,806 Travel ............................................................. $30,000 Motor Vehicle Purchases............................................. $12,000 Equipment ......................................................... $85,000 Computer Charges .................................................. $34,000 Real Estate Rentals ................................................. $--0-- Telecommunications ................................................. $34,500 Per Diem, Fees and Contracts ....................................... $598,770 Capital Outlay ...................................................... $--0-- Total Funds Budgeted ............................................ $4,025,007 State Funds Budgeted ............................................... $--0--

Functional Budget Total Funds

Georgia Agricultural Exposition Authority

4,025,007

State Funds $

Section 32. Department of Public Safety. A. Budget Unit: Department of Public Safety ........................ $85,035,181
1. Operations Budget: Personal Services................................................ $48,364,683 Regular Operating Expenses....................................... $7,043,570 Travel ........................................................ $109,800 Motor Vehicle Purchases.......................................... $2,860,000 Equipment ........................................................ $483,695 Computer Charges .................................................. $--0-- Real Estate Rentals .................................................. $7,400 Telecommunications ................................................ $593,000 Per Diem, Fees and Contracts ....................................... $367,150 State Patrol Posts Repairs and Maintenance.......................... $150,000 Capital Outlay ...................................................... $--0-- Total Funds Budgeted ........................................... $59,979,298 Indirect DOAS Service Funding ..................................... $150,000 State Funds Budgeted ........................................... $59,829,298
2. Driver Services Budget: Personal Services................................................ $18,777,503 Regular Operating Expenses....................................... $1,959,000 Travel ............................................................. $12,800 Motor Vehicle Purchases............................................. $--0-- Equipment ........................................................ $106,380 Computer Charges ............................................... $3,516,000 Real Estate Rentals ................................................. $53,300 Telecommunications ................................................ $602,500 Per Diem, Fees and Contracts ....................................... $190,000 Capital Outlay ...................................................... $--0-- Conviction Reports ................................................. $290,000 State Patrol Posts Repairs and Maintenance........................... $30,000 Driver License Processing ......................................... $1,168,400 Total Funds Budgeted ........................................... $26,705,883

TUESDAY, MARCH 16, 1993

1411

Indirect DOAS Service Funding State Funds Budgeted .........

. . $1,500,000 . $25,205,883

Administration Driver Services Field Operations Total

Public Safety Functional Budgets Total Funds
$ 13,428,043 $ 26,705,883 $ 46,551,255 $ 86,685,181

State Funds 13,428,043 25,205,883 46,401,255 85,035,181

B. Budget Unit: Units Attached for Administrative Purposes Only 1. Attached Units Budget: Personal Services........................................... Regular Operating Expenses................................. Travel .................................................... Motor Vehicle Purchases....................................
Equipment ................................................ Computer Charges ......................................... Real Estate Rentals ........................................ Telecommunications ........................................ Per Diem, Fees and Contracts ............................... Peace Officers Training Grants .............................. Capital Outlay ............................................. Total Funds Budgeted ...................................... State Funds Budgeted ...................................... 2. Office of Highway Safety Budget: Personal Services........................................... Regular Operating Expenses................................. Travel .................................................... Motor Vehicle Purchases.................................... Equipment ................................................ Computer Charges ......................................... Real Estate Rentals ........................................ Telecommunications ........................................ Per Diem, Fees and Contracts ............................... Highway Safety Grants ..................................... Total Funds Budgeted ...................................... State Funds Budgeted ......................................

$13,527,331
. $6,927,646 . $2,596,360 . . . . $87,300 .... $54,500 . . $150,250 . . $339,000 . . $99,105 . . $138,350 . . . $620,100
$3,316,000 .... $--0-- $14,328,611 $13,241,611
. . $398,976 . . $25,430 .... $9,828 ... $--0--
... $1,500 . . $36,000 . $80,524 .... $3,800 . $7,500 $3,500,000 $4,063,558 . . $285,720

Attached Units Functional Budgets Total Funds

Office of Highway Safety

4,063,558

Georgia Peace Officers Standards and Training

5,277,816

Police Academy

1,042,656

Fire Academy

1,126,702

Georgia Firefighters Standards and Training Council

450,143

Georgia Public Safety Training Facility

6,431,294

Total

18,392,169

State Funds

$

285,720

5,277,816 977,656
1,026,702

450,143 5,509,294 13,527,331

Section 33. Public School Employees' Retirement System. Budget Unit: Public School Employees' Retirement System Payments to Employees' Retirement System ............. Employer Contributions ...............................

. . $9,629,000 . . . . $479,000
$9,150,000

1412

JOURNAL OF THE SENATE

Total Funds Budgeted ............................................ $9,629,000 State Funds Budgeted ............................................ $9,629,000

Section 34. Public Service Commission. Budget Unit: Public Service Commission ............................. $8,335,947 Personal Services................................................. $6,445,943 Regular Operating Expenses......................................... $372,515 Travel ............................................................ $200,050 Motor Vehicle Purchases............................................ $158,400 Equipment ......................................................... $78,412 Computer Charges ................................................. $439,090 Real Estate Rentals ................................................ $344,154 Telecommunications ................................................ $118,787 Per Diem, Fees and Contracts ..................................... $2,099,000 Total Funds Budgeted ........................................... $10,256,351 State Funds Budgeted ............................................ $8,335,947

Public Service Commission Functional Budgets Total Funds

State Funds

Administration

$ 1,619,212 $ 1,619,212

Transportation

$ 3,233,123 $ 1,482,619

Utilities

$ 5,404,016 $ 5,234,116

Total

$ 10,256,351 $ 8,335,947

Section 35. Board of Regents, University System of Georgia. A. Budget Unit: Resident Instruction ............................... $883,392,705
Personal Services: Educ., Gen., and Dept. Svcs................................... $974,170,312 Sponsored Operations ........................................ $120,000,000
Operating Expenses: Educ., Gen., and Dept. Svcs................................... $215,786,044 Sponsored Operations ........................................ $140,000,000
Special Funding Initiative......................................... $9,433,094 Office of Minority Business Enterprise ............................... $306,138 Special Desegregation Programs ..................................... $334,702 Forestry Research .................................................. $313,687 Research Consortium ............................................. $7,950,000 Capital Outlay ...................................................... $--0-- Total Funds Budgeted ......................................... $1,468,293,977 Departmental Income............................................ $35,000,000 Sponsored Income.............................................. $260,000,000 Other Funds ................................................... $286,873,972 Indirect DOAS Services Funding .................................. $3,027,300 State Funds Budgeted .......................................... $883,392,705 B. Budget Unit: Regents Central Office and Other Organized
Activities .................................................... $146,285,024
Personal Services: Educ., Gen., and Dept. Svcs................................... $240,503,812 Sponsored Operations ......................................... $68,545,719
Operating Expenses: Educ., Gen., and Dept. Svcs................................... $123,253,873 Sponsored Operations ......................................... $42,869,254
Fire Ant and Environmental Toxicology Research ...................... $--0-- Agricultural Research............................................. $1,906,476 Advanced Technology Development Center ......................... $1,550,621 Capitation Contracts for Family Practice Residency ................. $2,700,999

TUESDAY, MARCH 16, 1993

1413

Residency Capitation Grants ................................. . $2,412,495 Student Preceptorships ...................................... ... $146,403
Mercer Medical School Grant ................................. . . $5,947,000 Morehouse School of Medicine Grant ......................... . . $4,706,000 Capital Outlay .............................................. .... $100,000 Center for Rehabilitation Technology ......................... ... $2,154,439
SREB Payments ............................................ .. $6,266,550 Medical Scholarships ........................................ ... $1,124,488 Regents Opportunity Grants ................................ ..... $600,000 Regents Scholarships ........................................ ..... $200,000 Rental Payments to Georgia Military College .................. ..... $870,370 CRT Inc. Contract at Georgia Tech Research Institute ......... ..... $206,780
Direct Payments to the Georgia Public Telecommunications Commission for Operations................................. ..... $6,926,657
Total Funds Budgeted ....................................... . . . $512,991,936 Departmental Income........................................ ........ $--0-- Sponsored Income........................................... . . . $113,196,449 Other Funds................................................ . . . $253,054,763 Indirect DOAS Services Funding ............................. ....... $555,700 State Funds Budgeted ....................................... . . . $146,285,024

Regents Central Office and Other Organized Activities Functional Budgets

Total Funds

State Funds

Marine Resources Extension Center

$

1,742,947 $

1,206,159

Skidaway Institute of Oceanography

$

3,730,743 $

1,399,854

Marine Institute

$

1,278,554 $

877,831

Georgia Tech Research Institute

$ 126,450,928 $ 12,097,852

Education Extension Services

$

8,101,231 $

2,075,031

Agricultural Experiment Station

$ 50,988,982 $ 32,690,329

Cooperative Extension Service

$ 43,618,512

25,960,155

Eugene Talmadge Memorial Hospital

$ 224,179,321

29,206,928

Veterinary Medicine Experiment Station

$ 2,491,514

2,491,514

Veterinary Medicine Teaching Hospital

$ 2,625,911

474,622

Joint Board of Family Practice

$ 16,714,460

16,714,460

Georgia Radiation Therapy Center

$ 2,719,756

Athens and Tifton Veterinary Laboratories

$ 7,208,497

51,524

Regents Central Office

$ 21,140,580

21,038,765

Total

$ 512,991,936 $ 146,285,024

Budget Unit: Georgia Public Telecommunications Commission .......... $--0--

Personal Services. ................................................ $6,658,618

Operating Expenses .............................................. $8,591,661

Total Funds Budgeted ........................................... $15,250,279

Other Funds .................................................... $15,250,279

State Funds Budgeted .............................

.... $--0--

D. Budget Unit: Lottery for Education ................

$20,121,512

Equipment, Technology and Construction Trust Fund

$7,500,000

Capital Outlay--GPTV ............................

. $2,021,512

Distant Learning--Satellite Dishes ..................

. . $400,000

Research Consortium--Equipment ..................

$10,200,000

Total Funds Budgeted .............................

$20,121,512

Lottery Funds Budgeted ...........................

$20,121,512

1414

JOURNAL OF THE SENATE

Section 36. Department of Revenue.

Budget Unit: Department of Revenue

. . $77,274,017

Personal Services ..................

..... $51,510,238

Regular Operating Expenses ........

...... $4,420,138

Travel ......................

. $1,368,174

Motor Vehicle Purchases ...........

.......... $37,800

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

......... $788,500

Computer Charges ................

$10,553,750

Real Estate Rentals ...............

. $2,713,206

Telecommunications ...............

... $750,491

Per Diem, Fees and Contracts ......

......... $770,376

County Tax Officials/Retirement and FICA .................. ....... $3,132,300

Grants to Counties/Appraisal Staff

..... $--0--

Motor Vehicle Tags and Decals

....... $2,439,610

Postage ..........................

....... $3,400,704

Total Funds Budgeted .............

...... $81,885,287

Indirect DOAS Services Funding . . .

....... $3,845,000

State Funds Budgeted .............

...... $77,274,017

Department of Revenue Functional Budgets Total Funds

State Funds

Departmental Administration Internal Administration Electronic Data Processing Field Services Income Tax Unit

$

6,342,435 $

6,342,435

$ 10,681,228 $ 10,481,228

$ 9,282,044 $ 8,466,844

$ 16,735,093 $ 16,435,093

$ 7,869,232 $ 7,169,232

Motor Vehicle Unit Central Audit Unit

$ 14,910,943 $ 13,610,943 $ 6,727,918 $ 6,727,918

Property Tax Unit Sales Tax Unit

$

4,072,231 $

3,105,961

$

4,127,338 $

3,797,538

State Board of Equalization Taxpayer Accounting

$

46,000 $

46,000

$

1,090,825 $

1,090,825

Total

$ 81,885,287 $ 77,274,017

Section 37. Secretary of State. A. 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 Archives and Records

$ 3,255,560 $ 4,340,710

...... $23,043,894 ...... $15,221,911 ....... $2,464,414
. $206,350 ......... $154,064 ......... $179,667 ....... $1,187,775
.... $2,344,377 ........ $323,686 ....... $1,140,650
... $700,000 .... $23,922,894 ...... $23,043,894
State Funds
$ 3,225,560
$ 4,265,710

TUESDAY, MARCH 16, 1993

1415

Business Services and Regulation Elections and Campaign Disclosure Drug and Narcotics State Ethics Commission State Examining Boards Total

4,493,282 1,511,072
953,154 288,046 9,081,070 23,922,894

3,893,282 1,491,072
899,154 288,046 8,981,070 23,043,894

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 1,806,686

$1,806,686
$1,080,151 . . $162,600 . . . $16,000 . . . $11,000 . . . $16,850 . . $247,455 . . $113,700 . . $26,180 . . $132,750 $1,806,686 $1,806,686

Cost of Operations

$

1,846,686

Section 38. Soil and Water Conservation Commission. Budget Unit: Soil and Water Conservation Commission. ............... $1,834,715 Personal Services. .................................................. $937,884 Regular Operating Expenses......................................... $176,755 Travel ............................................................. $45,000 Motor Vehicle Purchases............................................. $35,556 Equipment ......................................................... $12,000 Computer Charges ................................................... $7,850 Real Estate Rentals ................................................. $59,000 Telecommunications ................................................. $17,520 Per Diem, Fees and Contracts ....................................... $661,150 County Conservation Grants ........................................ $418,000 Total Funds Budgeted ............................................ $2,370,715 State Funds Budgeted ............................................ $1,834,715

Section 39. Student Finance Commission. A. Budget Unit: Student Finance Commission ........................ $25,870,119
Personal Services. ................................................ $4,643,187 Regular Operating Expenses......................................... $397,851 Travel ............................................................. $81,800 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $18,500 Computer Charges ................................................. $371,000 Real Estate Rentals ................................................. $24,763 Telecommunications ................................................ $146,000 Per Diem, Fees and Contracts ........................................ $42,757 Payment of Interest and Fees ........................................ $--0-- Guaranteed Educational Loans ................................... $4,076,000 Tuition Equalization Grants...................................... $17,511,740 Student Incentive Grants ......................................... $5,003,940 Law Enforcement Personnel Departments' Grants ...................... $38,000 North Georgia College ROTC Grants ................................. $79,500

1416

JOURNAL OF THE SENATE

Osteopathic Medical Loans.......................................... $160,000 Georgia Military Scholarship Grants ................................. $501,740 Paul Douglas Teacher Scholarship Loans ............................. $425,000 Total Funds Budgeted ........................................... $33,521,778 State Funds Budgeted ........................................... $25,870,119

Georgia Student Financial Commission Functional Budgets Total Funds

Internal Administration Higher Education Assistance Corporation

$ 5,178,917 $

$

--0-- $

Georgia Student Finance Authority

$ 27,795,920 $

Georgia Nonpublic Postsecondary Education Commission

$

546,941 $

Total

$ 33,521,778 $

State Funds --0-- --0--
25,323,178
546,941 25,870,119

B. Budget Unit: Lottery for Education. .............................. $34,643,410 Hope Financial Aid ............................................ $29,094,918 Tuition Equalization Grants....................................... $5,548,492 Total Funds Budgeted ........................................... $34,643,410 Lottery Funds Budgeted ......................................... $34,643,410

Section 40. Teachers' Retirement System. Budget Unit: Teachers' Retirement System........................... $3,800,000 Personal Services................................................. $3,384,465 Regular Operating Expenses......................................... $347,750 Travel ............................................................. $26,650 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $12,400 Computer Charges ............................................... $1,000,569 Real Estate Rentals ................................................ $399,000 Telecommunications ................................................. $70,000 Per Diem, Fees and Contracts ....................................... $365,500 Retirement System Members ...................................... $3,200,000 Floor Fund for Local Retirement Systems ............................ $600,000 Total Funds Budgeted ............................................ $9,406,334 State Funds Budgeted ............................................ $3,800,000

Section 41. Department of Technical and Adult Education. A. Budget Unit: Department of Technical and Adult Education ....... $131,166,158
Personal Services. ................................................ $3,608,451 Regular Operating Expenses......................................... $368,013 Travel ............................................................ $108,250 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $15,000 Computer Charges ................................................. $566,826 Real Estate Rentals ................................................ $339,900 Telecommunications ................................................ $135,630 Per Diem, Fees and Contracts ....................................... $604,500 Personal Services-Institutions .................................... $90,266,234 Operating Expenses-Institutions .................................. $19,542,056 Capital Outlay ..................................................... $790,000 Quick Start Program ............................................. $6,015,059 Area School Program ............................................ $23,540,115 Regents Program................................................. $2,628,788 Adult Literacy Grants ........................................... $12,013,758 Total Funds Budgeted .......................................... $160,542,580 State Funds Budgeted .......................................... $131,166,158

TUESDAY, MARCH 16, 1993

1417

Administration Institutional Programs Total

Functional Budgets

Total Funds 5,746,570
154,796,010 160,542,580

State Funds 3,938,775
127,227,383 131,166,158

B. Budget Unit: Lottery for Education. ............................... $7,917,400 Special Education Equipment ....................................... $200,000 Distant Learning--Satellite Dishes ................................... $320,000 Computer Hardware and Software ................................. $1,373,400 Capital Outlay--Computer Labs ................................... $2,544,000 Capital Outlay--Adult Literacy.................................... $3,480,000 Total Funds Budgeted ............................................ $7,917,400 Lottery Funds Budgeted .......................................... $7,917,400

Section 42. Department of Transportation. Budget Unit: Department of Transportation ........................ $437,457,647 Personal Services............................................... $229,693,665 Regular Operating Expenses...................................... $59,351,587 Travel .......................................................... $1,497,910 Motor Vehicle Purchases.......................................... $1,000,000 Equipment ...................................................... $5,224,774 Computer Charges ............................................... $5,167,513 Real Estate Rentals .............................................. $1,343,274 Telecommunications .............................................. $2,235,365 Per Diem, Fees and Contracts .................................... $47,353,845 Capital Outlay ................................................. $645,616,019 Capital Outlay--Airport Approach Aid and Operational Improvements ................................................. $1,024,100 Capital Outlay--Airport Development.............................. $1,017,500 Mass Transit Grants ............................................ $14,289,181 Harbor Maintenance/Intra-Coastal Waterways Maintenance and Operations....................................................... $680,000 Spoilage Area Acquisition, Clearing, Preparation and Dike Reconstruction .................................................... $--0-- Total Funds Budgeted ......................................... $1,015,494,733 State Funds Budgeted .......................................... $437,457,647

Department of Transportation Functional Budgets

Motor Fuel Tax Budget

Total Funds

State Funds

Planning and Construction

$ 729,180,617 $ 178,669,188

Maintenance and Betterments

$ 231,941,331 $ 220,741,331

Facilities and Equipment

$ 9,600,000 $ 9,000,000

Administration

$ 22,469,481 $ 21,889,481

Total

$ 993,191,429 $ 430,300,000

General Funds Budget

Total Funds

State Funds

Paving at State and Local Schools and State

Institutions

$

--0-- $

--0--

Air Transportation

$ 1,510,219 $ 1,150,219

Inter-Modal Transfer Facilities

$ 20,113,085 $ 5,327,428

Harbor/Intra-Coastal Waterways Activities

$

680,000 $

680,000

Total

$ 22,303,304 $ 7,157,647

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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 ....................................

Veterans Service Functional Budgets Total Funds

Veterans Assistance
Veterans Home and Nursing Facility--Milledgeville

i

4,969,576

i 16,336,578

Veterans Nursing Home--Augusta Total

i

6,250,121

i 27,556,275

$21,794,657 . . $4,449,576 ... $112,500 ..... $71,200 ..... $--0-- ..... $84,000 ...... $7,300 .... $236,000 ..... $56,500 ..... $23,000 . $16,123,278 . . $6,188,921 .... $204,000 . $27,556,275 . $21,794,657
State Funds
$ 4,709,961
$ 12,547,776
$ 4,536,920
$ 21,794,657

Section 44. Workers' Compensation Board. Budget Unit: Workers' Compensation Board .......................... $9,501,000 Personal Services................................................. $6,678,146 Regular Operating Expenses....................................... . $309,620 Travel .......................................................... . . . $62,000 Motor Vehicle Purchases.......................................... .. $--0-- Equipment ...................................................... .... $9,200 Computer Charges ............................................... . . $314,073 Real Estate Rentals .............................................. . . $938,619 Telecommunications .............................................. . . $125,000 Per Diem, Fees and Contracts ..................................... . . $272,500 Payments to State Treasury....................................... $1,000,000 Total Funds Budgeted ............................................ $9,709,158 State Funds Budgeted ............................................ $9,501,000

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)

$307,306,608

Motor Fuel Tax Funds (Issued)

$54,700,000

362,006,608

B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund

State General Funds (New) .................................. Motor Fuel Tax Funds (New) ................................

$83,220,740 .. $--0--

83,220,740

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.

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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 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 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 55. 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.
Section 56. Provisions Relative to Section 19, State Board of Education--Department

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of Education. The formula calculation for Quality Basic Education funding assumes a base unit cost of $1,638.66. 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 SPY 1994 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 1994 that it contributed during SFY 1993.
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 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.

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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.

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.

Provided, that funds for pilot elementary school foreign language programs shall be used for first grade programs in schools which had pilot kindergarten programs in Fiscal Year 1993.

Provided, that the above amount of Lottery funds appropriated for Next Generation School Grants shall be used for the purchase of equipment, computer hardware and com puter software only.

Section 57. 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 compi lation, publication and distribution of the Georgia Forestry Magazine and Wood-Using In dustries in Georgia publications.

Section 58. 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 59. 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
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.

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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 1994 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.
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.
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 the General Assembly that, in the event the Department receives additional federal funding for childhood immunizations, over and above its usual direct as sistance allocation, the Department shall expend these new funds on implementing a pro gram of additional vaccine purchase to increase immunization rates, provided the level of such new funds is adequate to implement this action statewide, by making such vaccines available without charge to physicians licensed under Title 43, Chapter 34, and who agree not to impose a charge for such vaccine on the child recipient, the child's parent, or any other person or party. The Department also is authorized to expend a portion of any such new federal funds for the administration and implementation of this program.
Provided, that of the appropriation relative to Mental Health Community Services and Community Mental Health Center Services, $842,115 is designated and committed for ser vices for severely emotionally disturbed children and adolescents and services for the chron ically mentally ill and that funding shall be allocated to Gwinnett, Rockdale and Newton Counties based on a per client basis.
Section 60. Provisions Relative to Section 28, Law Department. Provided, the depart ment is authorized to use other funds for the use of upgrading computer systems.
Section 61. 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

TUESDAY, MARCH 16, 1993

1423

Medical Assistance from reimbursing for community services provided to the mentally re tarded eligible for Medicaid.
The Department is authorized to use existing funds for coverage of Occupational Ther apy Service in Home Health Services.
The Department of Medical Assistance is directed to use existing funds to cover the services of certified registered nurse anesthetists.
Section 62. Provisions Relative to Section 30, Merit System of Personnel Administra tion. The Department is authorized to assess no more than $169.50 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 SFY 1994 shall not exceed 12.5%.
It is the intent of this General Assembly that the employer contribution rate for the teachers health benefit plan for SFY 1994 shall not exceed 8.66%.
Section 63. Provisions Relative to Section 31, Department of Natural Resources. No land shall be purchased for State park purposes from funds appropriated in Section 31 (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 31.
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 up to 50 percent of the excess receipts to supplant State funds and the balance may be amended into the budget of the Parks, Recreation and Historic Sites Division for the most critical needs of the Division. This provision shall not apply to revenues collected from a state parks parking pass implemented by the Department.
Section 64. Provisions Relative to Section 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.
It is the intent of this General Assembly that the Department purchase full-size pursuit vehicles.
Section 65. 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, $5,250,000 is appropriated for eminent scholar chairs and shall be placed in the Georgia Eminent Scholars Endowment Trust Fund.
Provided, that of the above amount appropriated for the Equipment, Technology and Construction Trust Fund, $1,000,000 is appropriated to match public/private contributions for educational and agricultural equipment to functions in Budget Unit "B", $2,166,666 is appropriated to match public/private contributions for equipment at senior colleges and re gional universities and $4,333,334 is appropriated to match public/private contributions for equipment at colleges and universities.
Section 66. Provisions Relative to Section 36, Department of Revenue. It is the intent of this General Assembly that the Department of Revenue designate, based on need, the sixteen counties to be provided with on-line access to the current state motor vehicle com puter system.

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Section 67. Provisions Relative to Section 37, Secretary of State. Provided, that of the funds appropriated for State Examining Boards, $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 68. 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, $35,000.00 is designated and commit ted solely for Board Member Training.
Section 69. 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 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/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) (1), O.C.G.A., the Department is authorized to transfer position counts between

TUESDAY, MARCH 16, 1993

1425

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 $430,300,000 of motor fuel tax appropriated in this act, $38,641,836 is designated and committed for the Local Assis tance Road Program.
It is the express intent of this General Assembly, by this Act, that the use of motor fuel funds for the purpose of providing annual debt service on existing or new general obligation debt, for road purposes, issued by the State of Georgia, is for the sole and specific purpose of addressing the State's special need appropriation.
The Department is authorized to use federal funds to match bond proceeds to acquire, appraise, rehabilitate and evaluate additional railroad lines.
Section 70. In addition to all other appropriations for the State fiscal year ending June 30, 1994, 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 $400,000 for the purpose of providing funds for the Weights and Measures, Warehouse Auditing Programs, Animal Protection Program and Feed Division; there is hereby appropriated $9,120,000 for the purpose of providing operating funds for the State physical health laboratories ($120,000 Budget Unit "A") and for State mental health/ mental retardation institutions ($9,000,000 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 Ser vices from agency fund collections.
Section 71. Each State agency utilizing xerographic reproducing equipment shall maintain a log for each unit of equipment indicating the date, number of copies and such other data determined to be appropriate to control the utilization of such equipment. Each State agency shall also implement procedures to control usage of long distance, GIST and credit card telephone calls, in order to mitigate the State's cost therefor.
Section 72. Each and every agency, board, commission, and authority receiving appro priations in this Act shall procure and utilize only the most economical and cost-effective motor vehicles suitable for the purpose and shall develop and enforce stringent regulations relating to the use of motor vehicles owned, leased, or rented by the State, including provi sions that employees authorized to utilize State vehicles for commuting to and from work shall not use State vehicles except for official State business. Except as otherwise specifically authorized by this body, utilization of State motor vehicles for commuting to and from work should only be authorized in rare and unusual circumstances requiring frequent and regular use of such State vehicles in official State business under conditions precluding obtaining a State vehicle from a State facility in a normal manner.
The State Auditor shall make the utilization of motor vehicles, xerographic equipment and telephonic equipment a matter of special interest in future audits to insure strict com pliance with the intent of this General Assembly.
Section 73. To the extent to which Federal funds become available in amounts in ex cess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
Section, 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.

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The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the in stances of noncompliance with the stated intent of this Section.
A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contrac tor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.
Section 74. Each agency for which an appropriation is authorized herein shall 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 75. In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.
Section 76. No State appropriations authorized under this Act shall be used to con tinue programs currently funded entirely with Federal funds.
Section 77. 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 eifective 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 78. (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 Budget.
(b.) (1.) For purposes of this section, the term "common object classes" shall include

TUESDAY, MARCH 16, 1993

1427

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 79. 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 80. 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 81. 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 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 programs which, through merger with other operations, may result in a positive reduction in the expenditures of state government.

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.

A.) Maturities not to exceed two hundred forty months.

Principal Amount

Debt Service

Local School Construction and Planning Grants

$ 151,170,000 $ 14,512,320

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JOURNAL OF THE SENATE

Construction of Public Libraries
Construction of Children's Medical Center at Medical College of Georgia and Agricultural Livestock/Poultry Facilities and Biocontainment Research Center at the University of Georgia
Major Repairs and Renovation Projects at Board of Regents Facilities
Classroom and Facilities, and design funds for Technical and Adult Education
Low Interest Loans to Local Governments for Water, Sewer and Wastewater Treatment Projects
Construction of Laboratory, Renovation of Existing Facility, and Equipment Purchases at the Herty Foundation
Construction and Equipment funds for the Georgia Music Hall of Fame
Reimburse Georgia Ports Authority for the Savannah Harbor Deepening Project
Governor's Road Improvement Program
Planning for the Atlanta Multimodal Transfer Facility
Acquisition and Rehabilitation of Various Railroad Lines
Land Acquisition for World Congress Center--Plaza
Second Year Funding for the Governor's Preservation 2000 Land Acquisition Program
Construction of Cottages at Milledgeville and Augusta Youth Development Centers
Replacement of HVAC Systems at Department of Human Resources Facilities
Redevelopment and Construction at Women's Correctional Facilities
Construction of Phase II Support Facilities at Department of Corrections' Institutions
Construction of Armory at Fort Gillem
Renovation of the Atlanta Bank Tower
Phase II of Capitol Fire Code Renovations
Construction of RYDC in Cobb County
Renovation and Expansion of Jekyll Island Authority's Convention Center and Creation of New Golf Course (Payback Project)
Design and Construction of New Park in North Georgia (Payback Project)

6,845,000
80,100,000 27,810,000 25,665,000
30,000,000
3,200,000 5,700,000 13,500,000 125,000,000 3,225,000 1,700,000 7,000,000
20,000,000 4,115,000
5,075,000 3,300,000 2,600,000 1,470,000 15,000,000 2,225,000 3,400,000
7,500,000 18,500,000

657,120
7,689,600 2,669,760 2,463,840
2,880,000
307,200 547,200 1,296,000 12,000,000 309,600 163,200 672,000
1,920,000 395,040
487,200 316,800 249,600 141,120 1,440,000 213,600 326,400
720,000 1,776,000

TUESDAY, MARCH 16, 1993

Purchase of two Container Cranes and Initiation of Phase I Development for Container Berth 7 at Garden City (Payback Project)
Construction of Student Housing at Georgia Tech (Payback Project)
Construction of Dormitory at Gordon College and Parking Decks at Georgia Tech and Georgia State University (Payback Project)
First Phase of Redevelopment at Stone Mountain Park (Payback Project)
Facility at Southern Technical Institute (Payback Project)
B.) Maturities not to exceed sixty months.
Purchase of Equipment for Vocational Education
Student Information Hardware in 217 High Schools
Repairs and Renovations at Technical and Adult Education Institutions
Purchase of Equipment for Technical Institutions
Construction of Visitor Information Center at Ringgold
Infrastructure Repair, Maintenance and Renovation Projects for State Parks, and Sapelo and Ossabaw Islands
Second-Year Funding for the Georgia Research Alliance
Equipment for the National Textile Center and the Apparel Manufacturing Center
Planning for Chatham RYDC
Repairs at Department of Children and Youth Services' Facilities
Plumbing, Electrical and Utility Renovations and Replacement at Department of Human Resources' Facilities
Replacement of Roofs at Department of Human Resources' Facilities
Major Building Renovations at Department of Human Resources' Facilities
Renovations of Veterans Nursing Home at Augusta
Start-up Equipment at Lee Arrendale, New Prisons and and Diversion Centers at Gainesville and Macon
Replacement and expansion of UNISYS Mainframe Disk Storage Equipment for use by the Georgia Bureau of Investigation and Department of Corrections

24,665,000 113,000,000
14,000,000 22,000,000 2,500,000
7,100,000 6,950,000 2,500,000 3,500,000
780,000
2,500,000 3,400,000 1,000,000
165,000 635,000
1,900,000 1,615,000 1,445,000
515,000
15,765,000
575,000

1429
2,367,840 10,848,000 1,344,000 2,112,000
240,000
1,661,400 1,626,300
585,000 819,000 182,520
585,000 795,600 234,000 38,610 148,590 444,600 377,910 338,130 120,510 3,689,180
134,550

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JOURNAL OF THE SENATE

Renovations at Atlanta Farmers Market

1,100,000

257,400

Building Renovations to comply with the Americans with Disabilities Act

500,000

117,000

Section 83. Cost-of-Living. In addition to all other appropriations, there is hereby ap propriated $49,256,187 for the following purposes: 1.) To provide an increase of 2.5% for employees of the Judicial, Legislative and Executive branches to be awarded on each em ployee's anniversary date. Increases are contingent on an employee's performance rating of satisfactory or better. 2.) To add an L-5 longevity factor and to provide for a 1.75% salary adjustment for State-paid school bus drivers and lunchroom workers effective July 1, 1993. 3.) To provide an increase of 2.5% for each State official (excluding the members of the General Assembly) whose salary is set by Act 755 (H.B. 262) of the 1978 Regular Session of the Georgia General Assembly, as amended, as authorized in said act, Code Section 45-7-4.

Provided, the appropriation relative to Section 35, Board of Regents, University System of Georgia, $17,129,619 is included to provide a 2% formula funding level for merit increases
for Regents faculty and support personnel to be awarded on July 1, 1993 for non-academic personnel and September 1, 1993 for academic personnel.

Section 84. Workers' Compensation Premium Increases. In addition to all other ap
propriations, there is hereby appropriated $14,067,750 to provide adequate coverage for em ployees of State agencies, authorities, commissions and boards, as well as county health departments.

Section 85. In addition to all other appropriations for State Fiscal Year 1994, there is appropriated the sum of $4,000,000 for the Revenue Shortfall Reserve established by Act 901, Senate Bill 466 of 1976.

Section 86. TOTAL STATE FUND APPROPRIATIONS State Fiscal Year 1994 .......................................... $8,948,692,764

Section 87. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 88. All laws and parts of laws in conflict with this Act are repealed.

Senator Boshears of the 6th offered the following amendment:

Amend the substitute to HB 259 offered by the Senate Committee on Appropriations by removing from the State funds budgeted for the State of Georgia Obligation Debt Sink ing Fund "B" Budget Unit on page 51, line 18 in Section 45 the figure $(1,776,000); by
decreasing the object classes as listed below:

Page Line & Page Line Object Classes

51 18 51 20 State General Funds (new)

$(1,776,000);

by deleting lines 9 through 11 on page 74;

by adding to the State funds budgeted for the Department of Human Resources "A" Budget Unit on page 26, line 30 in Section 24 the figure $1,776,000; and by increasing the
object classes for the County DFACS Operations-Employability Program Activity as listed below:

Page Line & Page Line Object Classes

26 30 27 27 Grants to County DFACS-Operations

$ 1,776,000.

On the adoption of the amendment offered by Senator Boshears of the 6th, the yeas were 8, nays 32, and the amendment was lost.

Senators Blitch of the 7th and Boshears of the 6th offered the following amendment:

Amend the substitute to HB 259 offered by the Senate Committee on Appropriations

TUESDAY, MARCH 16, 1993

1431

by removing from the State funds budgeted for the Department of Natural Resources Budget Unit on page 35, line 19 in Section 31 the figure $150,000; by decreasing the object classes for the Operations Budget Activity as listed below:

Page Line & Page Line

Object Classes

35 34 36 30 37 2

Capital Outlay: New Construction 37 7 Total Funds Budgeted 37 7 State Funds Budgeted

$ (150,000) $ (150,000) $ (150,000);

by adding to the State funds budgeted for the Department of Natural Resources Budget Unit on page 35, line 19 in Section 31 the figure $150,000; and by increasing the object classes for the Operations Budget Activity as listed below:

Page Line & Page Line

Object Classes

35 34

Capital Outlay: New Construction

36 30 37 7 Total Funds Budgeted

37 2 37 7 State Funds Budgeted

$ 150,000 $ 150,000 $ 150,000.

On the adoption of the amendment offered by Senators Blitch of the 7th and Boshears of the 6th, the yeas were 6, nays 35, and the amendment was lost.

Senators Gochenour of the 27th, Crotts of the 17th and others offered the following amendment:

Amend the substitute to HB 259 offered by the Senate Committee on Appropriations by removing from the State funds budgeted for the Department of Human Resources "A" Budget Unit on page 21, line 31 in Section 24 the figure $420,434; by decreasing the object classes for the Public Health Activity as listed below:

Page Line & Page Line

Object Classes

23 23 23 29 23 31

28 28 Purchase of Services Contracts 24 13 Total Funds Budgeted 24 13 State Funds Budgeted

$ (420,434) $ (420,434) $ (420,434);

by adding to the State funds budgeted for the Department of Human Resources Budget Unit on page 21, line 31 in Section 24 the figure $420,434; and by increasing the object classes for the Public Health Activity as listed below:

Page Line & Page Line

Object Classes

23 15 23 29 23 31

28 15 Crippled Children's Benefits 24 13 Total Funds Budgeted 24 13 State Funds Budgeted

$ 420,434 $ 420,434 $ 420,434.

On the adoption of the amendment offered by Senators Gochenour of the 27th, Crotts of the 17th and others, Senator Balfour of the 9th 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 Burton Clay Coleman Crotts Day

Dean Edge Gillis Glanton Gochenour Hill Kemp Madden Marable

Newbill Perdue Pollard Ragan of 32nd Ralston Ray Thompson Turner Tysinger

1432

JOURNAL OF THE SENATE

Those voting in the negative were Senators:

Abernathy Bowen Broun of 46th Brown of 26th Dawkins Egan Farrow Garner
Harbison

Hemmer Henson Hooks Huggins Longford of 35th Langford of 29th Middleton Oliver
Parrish

Ragan of llth Robinson Scott Slotin Q htarr Taylor Thomas
Walker

Not voting were Senators Cheeks and Isakson.

On the adoption of the amendment offered by Senators Gochenour of the 27th, Crotts of the 17th and others, the yeas were 28, nays 26, and the amendment was adopted.

Senator Isakson of the 21st offered the following amendment:

Amend the substitute to HB 259 offered by the Senate Committee on Appropriations by striking Section 81 on page 71 and inserting in lieu thereof a new Section 81 to read as follows:
"Section 81. The Office of Planning and Budget and the Department of Audits shall develop a system for reporting to the House of Representatives Budget Subcommittee and the Senate Continuation Subcommittee recommendations on all programs subject to contin uing appropriations where an appropriate review may cause savings or efficiencies or repeal of a program from future continuing appropriations. The House of Representatives Budget Subcommittee and Senate Continuation Subcommittee shall report to the membership of the General Assembly and the Governor, within one week of the convening of each annual meeting of the General Assembly, a list of all findings of the House of Representatives Budget Subcommittee and Senate Continuation Subcommittee as well as actions recom mended, if any. 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 Assembly to seek constructive advice on those pro grams 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."

On the adoption of the amendment offered by Senator Isakson of the 21st, the yeas were 44, nays 0, and the amendment was adopted.

Senators Clay of the 37th, Crotts of the 17th and others offered the following amendment:

Amend the substitute to HB 259 offered by the Senate Committee on Appropriations by removing from the State funds budgeted for the Administration, Institutions, and Proba tion Budget Unit on page 13, line 14 in Section 17 the figure $3,645,450; by decreasing the object classes for the Administration, Institutions and Probation Activity as listed below:

Page Line & Page Line

Object Classes

13 15 13 16 14 6 14 9

Personal Services Regular Operating Expenses 14 13 Total Funds Budgeted 14 13 State Funds Budgeted

$ (2,916,000) $ (729,450) $ (3,645,450) $(3,645,450);

by adding to the State funds budgeted for the Department of Human Resources "A"

TUESDAY, MARCH 16, 1993

1433

Budget Unit on page 21, line 31 in Section 24 the figure $47,831; by increasing the object classes for the Rehabilitation Services Activity as listed below:

Page Line & Page Line

Object Classes

25 10 25 26 25 28

28 6 Personal Services 26 12 Total Funds Budgeted 26 12 State Funds Budgeted

$ 47,830 $ 47,830 $ 47,830;

by adding to the State funds budgeted for the Community Mental Health/Mental Re tardation and Institutions Budget Unit on page 29, line 3 in Section 24 the figure $1,715,443; by increasing the object classes for the Administration Activity as listed below:

Page Line & Page Line

Object Classes

29 4 29 21 29 23

Personal Services Total Funds Budgeted State Funds Budgeted

$ 1,715,443 $ 1,715,443 $ 1,715,443;

by adding to the State funds budgeted for the Department of Human Resources Budget Unit on page 21, line 31 in Section 24 the figure $1,882,177; and by increasing the object classes for the Public Health Activity as listed below:

Page Line & Page Line

Object Classes

23 24 23 29 23 31

28 29 Grant-in-Aid to Counties 24 12 Total Funds Budgeted 24 12 State Funds Budgeted

$ 1,882,177 $ 1,882,177 $ 1,882,177.

On the adoption of the amendment offered by Senators Clay of the 37th, Crotts of the 17th and others, Senator Clay of the 37th called for the yeas and nays; the call was sus tained, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour BurtonTM Crotts

Day Edge
Egan Glanton Gochenour

Isakson Newbill
Ragan of 32nd Ralston Tysinger

Those voting in the negative were Senators:

Alien Blitch
Bowen Broun of 46th Brown of 26th ~ nf eks CDoalwemkianns Dean Farrow Garner Gillis Harbison

Hemmer Henson
Hill Hooks Huggins Kemp TLangf,ord, of,. 3,,5. th, Langford of 29th Madden Marable Middleton Oliver

Parrish Perdue
Ragan of llth Ray Robinson Scott S~.loti.n Starr Taylor Thompson Turner Walker

Those not voting were Senators:

Abernathy

Pollard

Thomas

1434

JOURNAL OF THE SENATE

On the adoption of the amendment offered by Senators Clay of the 37th, Crotts of the 17th and others, the yeas were 16, nays 37, and the amendment was lost.

Senator Boshears of the 6th offered the following amendment:

Amend the substitute to HB 259 offered by the Senate Committee on Appropriations by removing from the State funds budgeted for the State of Georgia Obligation Debt Sink ing Fund "B" Budget Unit on page 51, line 18 in Section 45 the figure $(1,776,000); by decreasing the object classes as listed below:

Page Line & Page Line

Object Classes

51 18 51 20 State General Funds (new)

$1,775,000;

by deleting lines 9 through 11 on page 74;

by adding to the State funds budgeted for the Department of Human Resources "A" Budget Unit on page 26, line 30 in Section 24 the figure $1,776,000; and by increasing the object classes for the County DFACS Operations-Employability Program Activity as listed below:

Page Line & Page Line

Object Classes

26 30 27 27 Grants to County DFACS-Operations

$1,775,000.

On the adoption of the amendment offered by Senator Boshears of the 6th, Senator Boshears of the 6th 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
Boshtars Burton Clay

Crotts Tjay
Ed*e Glanton Gochenour

Isakson Newbill
Ragan of 32nd Ralston Tysinger

Those voting in the negative were Senators:

Blitch Bowen Broun of 46th Brown of 26th C heeks Coleman
TM
Farrow Garner Gillis Harbison

Hemmer Henson Hill Hooks Muggins Kemp
Langford of 35th Langford of 29th
Madden Marable Middleton Oliver

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

Those not voting were Senators:

Abernathy

Thomas

Thompson

On the adoption of the amendment offered by Senator Boshears of the 6th, the yeas were 16, nays 37, and the amendment was lost.

TUESDAY, MARCH 16, 1993

1435

On the adoption of the substitute, the yeas were 46, 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 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

Voting in the negative was Senator Blitch.

On the passage of the bill, the yeas were 55, nays 1.

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

Senator Dawkins of the 45th moved that HB 259 be immediately transmitted to the House.

On the motion, the yeas were 46, nays 0; the motion prevailed, and HB 259 was imme diately transmitted to the House.

The President announced that the Senate would stand in recess from 12:30 o'clock P.M. 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 resolution of the House, favorably reported by the committee, was read the third time and put upon its adoption:

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.
Senate Sponsor: Senator Broun of the 46th.

1436

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:

Balfour Baugh Boshears Burton
^eeks r a* DCraOyttS Dean Edge Egan Farrow

Gillis Glanton Gochenour Harbison
Hemmer Hill THTook1 s Langford of 29th Marable Middleton Oliver

Perdue Ragan of 32nd Ralston Robinson
Scott Slotin Trnayl1or Thomas Thompson Turner Walker

Those not voting were Senators:

Abernathy Alien Blitch
nBroWuenn otf 4ta6nthBrown of 26th Coleman Dawkins

Garner (presiding) Henson Huggins
Isakson KemP Langford of 35th Madden

Newbill Parrish Pollard
Ragban of llth Rav Starr Tysinger

On the adoption of the resolution, the yeas were 34, 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 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.

The House substitute to SB 74 was as follows:

A BILL
To be entitled an Act 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 char ter schools and petitions therefor; to provide for petition resubmissions and for technical assistance relating thereto; to provide for terms of the charter and for charter renewals; to provide for reports; to provide an effective date; to repeal conflicting laws; and for other purposes.

TUESDAY, MARCH 16, 1993

1437

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 9 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to grants for educational programs, is amended by adding at the end a new Code section to read as follows:
"20-2-255. (a) It is the intent of the General Assembly that this Code section provide a means whereby local schools may choose to substitute a binding performance based contract approved by both state and local boards of education, called a charter, for state and local rules, regulations, policies, and procedures and the applicability of the other provisions of this title.
(b) For purposes of this Code section, the term:
(1) 'Charter' means a performance based contract between the state board, a local board of education, and a local school, the terms of which are approved by the local board of education and by the state board for an initial three-year period. Each performance based contract will exempt a school from state and local rules, regulations, policies, and proce dures and from the provisions of this title according to the terms of the contract.
(2) 'Charter school' means a school that is operating under the terms of a charter granted by the state board.
(3) 'Local board* means a county or independent board of education exercising control and management of a local school system pursuant to Article VIII, Section V of the Constitution.
(4) 'Local school' means a public school in Georgia which is under the management and control of a local board.
(5) 'Petition' means a proposal to enter into a performance based contract between the state board and a local school whereby the local school obtains charter school status.
(6) 'State board' means the State Board of Education.
(c) Any local school may petition the state board for charter school status in accordance with a schedule approved by the state board. Such petitions must:
(1) Be approved by the local board of education;
(2) Be freely agreed to by over two-thirds of the faculty and instructional staff members by secret ballot at the school initiating the petition;
(3) Be agreed to by over two-thirds of the parents present at a meeting called for the purpose of deciding whether to initiate the petition;
(4) Describe a plan for school improvement that addresses how the school proposes to work toward improving student learning and meeting the national and state education goals;
(5) Outline proposed performance criteria that will be used during the initial three-year period of the charter to measure progress of the school in improving student learning and in meeting the national and state education goals;
(6) Describe how the faculty, instructional staff, and parents of students enrolled in the school will be involved in developing the petition, developing and implementing the im provement plan, and identifying performance criteria; and
(7) Describe how the concerns of faculty, instructional staff, and parents of students enrolled in the school will be solicited and addressed in evaluating the effectiveness of the improvement plan.
(d) The state board is authorized and directed to establish criteria and procedures for charter schools. Each year, the state board must review petitions for charter school status received from local schools. The state board is directed to approve such petitions and to

1438

JOURNAL OF THE SENATE

grant charter school status to local schools whose petitions, in the opinion of the state board:
(1) Provide a plan for improvement at the school level for improving student learning and for meeting the national and state education goals;
(2) Include a set of performance based objectives and student outcome based objectives for the term of the charter and the means for measuring those objectives on at least a yearly basis;
(3) Include an agreement to provide a yearly report to parents, the community, the local board, and the state board which indicates the progress made by the charter school in the previous year in meeting the performance objectives; and
(4) Include a proposal to directly and substantially involve the parents of students en rolled in the school as well as the faculty, instructional staff, and the broader community in the process of creating the petition and in carrying out the terms of the charter.
(e) The state board may allow local schools to resubmit petitions for charter school status if the original petition was, in the opinion of the state board, deficient in one or more respects. The Department of Education is authorized and directed to provide technical as sistance to the faculty and instructional staff of local schools in the creation or modification of these petitions.
(f) The state board will include in the terms of each charter:
(1) A mechanism for declaring the charter null and void if over two-thirds of the faculty and instructional staff of the school request the state board to withdraw the charter or if, at any time, in the opinion of the state board, the school enjoying charter school status fails to fulfill the terms of the charter;
(2) Clear performance based and student outcome based objectives and the means to measure those objectives on at least a yearly basis;
(3) A mechanism for updating the terms of each charter, agreed to by all parties and subject to the approval of over two-thirds of the faculty and instructional staff, based upon the yearly progress reports given the state board by the charter school;
(4) A provision that the expenditure controls contained in Code Section 20-2-167 may be relaxed only for those direct instructional expenditures actually made by each charter school for the students of that school; and
(5) A provision to exempt the school from state rules, regulations, policies, and proce dures and from other provisions of this title, unless otherwise specified.
(g) Any request for petition to obtain charter school status sent by a local school to a local school board shall be forwarded by the local school board to the State Board of Educa tion. If a local school board disapproves a local school's request for petition, the local school board must inform the faculty of the local school of the reasons for such disapproval, and a copy of these reasons must be forwarded to the state board. The state board may, at its discretion, request a hearing to receive further information from the local school board and the local school faculty.
(h) The state board is authorized to renew charters on a one-year or multiyear basis, not to exceed three years, for local schools after the initial three-year period, provided all parties to the original charter approve such renewal with a vote of over two-thirds of the faculty and instructional staff.
(i) The state board will report to the General Assembly each year on the status of the charter school program.
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.

TUESDAY, MARCH 16, 1993

1439

Senator Taylor of the 12th moved that the Senate agree to the House substitute to SB 74.

Senator Newbill of the 56th moved that the Senate agree to the House substitute to SB 74 as amended by the following amendment:

Amend the House substitute to SB 74 by adding on page 3, line 33, "academic" between the words "of and "performance";
By adding on page 3, line 34, "academic" between the words "student" and "outcome";
By adding on page 4, line 7, "academic" between the words "the" and "performance";
By adding on page 4, line 31, "academic" between the words "clear" and "perform ance"; and
By adding on page 4, line 31, "academic" after the word "student".

On the motion offered by Senator Newbill of the 56th, which motion takes precedence, Senator Newbill of the 56th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Blitch Boshears Burton Clay Crotts

Day Edge Egan Farrow Glanton 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 Gillis Harbison
Hemmer

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

Perdue Pollard Ragan of llth Robinson Qmtt
Taylor Thomas Turner Walker

Those not voting were Senators:

Alien

Garner (presiding)

Ray

On the motion offered by Senator Newbill of the 56th, the yeas were 18, nays 35; the motion was lost, and the Senate did not agree to the House substitute to SB 74 as amended by the Senate.

On the motion offered by Senator Taylor of the 12th, 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

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JOURNAL OF THE SENATE

Dean Edge
Egan Farrow G'11'8 Gochenour rHlaermbmisoern Henson jjjjj Hooks Huggins Isakson

. Kemp Langford of 35th
Langford of 29th Madden Marable Middleton .N.,ew,b..l,,l Ollver Parrish Perdue Pollard Ragan of llth

Ragan of 32nd Ralston
Robinson Scott Slotin Starr m Tayilor Thomas Thompson Turner Tysinger Walker

Voting in the negative was Senator Glanton.

Those not voting were Senators:

Alien

Garner (presiding)

Ray

On the motion offered by Senator Taylor of the 12th, the yeas were 52, nays 1; the motion prevailed and the Senate agreed to the House substitute to SB 74.

The President resumed the Chair.

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

HB 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.
Senate Sponsor: Senator Broun of the 46th.

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

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

Those voting in the affirmative were Senators:

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

Edge Egan Farrow Glanton Gochenour Harbison Hemmer Henson 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 Robinson Scott Slotin

TUESDAY, MARCH 16, 1993

1441

Starr Taylor Thomas

Thompson Turner

Tysinger Walker

Those not voting were Senators:

Abernathy Alien Dawkins

Garner Gillis

Muggins Ray

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

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

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

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

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

Those not voting were Senators:

Alien Dawkins Edge

Gochenour Langford of 35th Pollard

Ray Turner

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

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

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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.
Senate Sponsor: Senator Walker of the 22nd.

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

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

Those voting in the affirmative were Senators:

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

Garner Gillis Glanton 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 Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Alien Dawkins

Gochenour

Ray

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

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

HB 720. By Representatives Hanner of the 159th, Twiggs of the 8th, Barfoot of the 155th 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.
Senate Sponsor: Senator Hill of the 4th.

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

TUESDAY, MARCH 16, 1993

1443

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 BroQn,ueretio,cns Coleman Crotts Day Dean Edge Egan Farrow

Garner Gillis
Glanton Gochenour Harbison
Hemmer Henson ffiu ,,HTHTouogkg. sms Isakson KemP Langford of 35th Langford of 29th Madden Marable Middleton

Newbill Oliver
Parrish Perdue Pollard
Ragan of llth Ragan of 32nd Rafgton 0SS,, lcoottmt Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy

Ray

Dawkins

Robinson

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

The bill, having received the requisite constitutional majority, was passed.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

SB 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.
The House substitute to SB 355 was as follows:
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 regulate and provide for the safe use of remote service terminals; to provide for definitions; to provide for the adoption of proce dures for evaluating the safety of remote service terminal areas; to provide for adequate lighting; to provide for unobstructed areas; to provide for legislative intent; to provide for compliance with this Act; to provide for notice to customers; to provide for exceptions; to provide for applicability; to provide for regulation by the Department of Banking and Fi nance; to provide for duties, responsibilities, and obligations; to provide for preemption; to

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provide for matters relative to the foregoing; to provide an effective date; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 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 Secretory of State in triplicate department in duplicate together with the filing fee required by Code Section 7-1-862. Fhe Secretary of State analTimmcdiatcly transmit to the department one copy of the articles of 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."

TUESDAY, MARCH 16, 1993

1445

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 by 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 Insurance 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 greater 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."
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

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Savingo 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 7-29, 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 Inaurancc Corporation, or the Na tional Credit Union Administration."
Section 12. Said title is further amended by adding at the end thereof a new chapter to read as follows:
"CHAPTER 8
7-8-1. As used in this chapter, the term:
(1) 'Access area' means any paved walkway or sidewalk which is within 50 feet of any

TUESDAY, MARCH 16, 1993

1447

remote service terminal. The term does not include any street or highway open to the use of the public or any adjacent sidewalk.
(2) 'Access device' shall have the same meaning as set forth in Federal Reserve Board Regulation E, 12 C.F.R. Part 205, promulgated pursuant to the federal Electronic Fund Transfer Act, 15 U.S.C. Section 1601, et. seq.
(3) 'Candlefoot power' means the light intensity of candles on a horizontal plane at 36 inches above ground level and five feet in front of the area to be measured.
(4) 'Control of an access area' or defined parking area means to have the present au thority to determine how, when, and by whom such access area is to be used, maintained, lighted, and landscaped.
(5) 'Customer' means a natural person to whom an access device has been issued for personal, family or household use.
(6) 'Defined parking area' means that portion of any parking area open for customer parking which is:
(A) Contiguous to an access area with respect to a remote service terminal;
(B) Regularly, principally, and lawfully used for parking by users of the remote service terminal while conducting remote service terminal transactions during the hours of dark ness; and
(C) Owned or leased by the operator of the remote service terminal or owned or con trolled by the party leasing the remote service terminal site to the operator.
The term does not include any parking area which is not open or regularly used for parking by users of the remote service terminal who are conducting remote service terminal transacj tions during the hours of darkness. A parking area is not open if it is physically closed to access or if conspicuous signs indicate that it is closed. If a multiple-level parking area satis fies the conditions of this paragraph and would therefore otherwise be a defined parking area, only the single parking level deemed by the operator of the remote service terminal to be the most directly accessible to the users of the remote service terminal shall be a defined parking area.
(7) 'Financial institution' means such an institution as defined in Code Section 7-1-4.
(8) 'Hours of darkness' means the period that commences 30 minutes after sunset and ends 30 minutes before sunrise.
(9) 'Operator' means any bank, savings association, credit union, savings bank, or other business entity or any person who operates a remote service terminal, but does not include any person or entity whose primary function is to provide for the exchange, transfer, or dissemination of electronic fund transfer data.
(10) 'Owner of an automated teller machine' means the person having the right to de termine the financial institutions which will be permitted to use, or participate in the usage of, the automated teller machine but does not include any person or entity whose primary function is to provide for the exchange, transfer, or dissemination of electronic fund transfer data.
(11) 'Public road' means any public right of way, including, but not limited to, struc tures, sidewalks, facilities, and appurtenances incidental thereto.
(12) 'Remote service terminal' means any electronic information processing device which accepts or dispenses cash in connection with a credit, deposit, or convenience account. The term does not include devices used solely to facilitate check guarantees or check autho rizations or which are used in connection with the acceptance or dispensing of cash on a person-to-person basis, such as by store cashier.
7-8-2. (a) On or before July 1, 1994, with respect to all existing installed remote service terminals in this state, and any remote service terminals installed after July 1, 1993, the

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operator shall adopt procedures for evaluating the safety of the remote service terminals. These procedures shall include a consideration of the following:
(1) The extent to which the lighting for the remote service terminal complies or will comply with applicable standards;
(2) The presence of landscaping, vegetation, or other obstructions in the area of the remote service terminal, the access area, and the defined parking area; and
(3) The incidence of crimes of violence in the immediate neighborhood of the remote service terminal as reflected in the records of the local law enforcement agency and of which the operator has actual knowledge.
(b) It is not the intent of the General Assembly in enacting this chapter to impose a duty to relocate or modify remote service terminals upon the occurrence of any particular events or circumstances, but rather to establish a standard of good faith for the evaluation of all remote service terminals as provided in this chapter. A violation of the provisions of this chapter or any regulation made pursuant thereto will not constitute negligence per se.
7-8-3. (a) Each operator of a remote service terminal installed on or after July 1, 1993, shall comply with the provisions of this chapter commencing on the date the remote service terminal is installed. Compliance with the provisions of this chapter by operators as to re mote service terminals existing as of July 1, 1993, shall be optional until July 1, 1994, and mandatory thereafter. This Code section shall apply to an operator of a remote service ter minal only to the extent that the operator controls the access area or defined parking area to be lighted.
(b) If an access area or defined parking area is not controlled by the operator of the remote service terminal, and if the person who leased the remote service terminal site to the operator controls the access area or defined parking area, the person who controls the access area or defined parking area shall comply with the provisions of this chapter as to any re mote service terminals installed on or after July 1, 1994, commencing on the date the re mote service terminal is installed and as to any remote service terminal existing as of July 1, 1993, commencing no later than on July 1, 1994.
(c) The operator, owner, or other person responsible for the remote service terminal shall provide lighting during the hours of darkness with respect to an open and operating remote service terminal and any defined parking area, access area, and the exterior of an enclosed remote service terminal installation according to the following standards:
(1) There shall be a minimum of ten candlefoot power at the face of the remote service terminal and extending in an unobstructed direction outward five feet;
(2) There shall be a minimum of two candlefoot power within 50 feet from all unob structed directions from the face of the remote service terminal. In the event the remote service terminal is located within ten feet of the corner of the building and the remote service terminal is generally accessible from the adjacent side, there shall be a minimum of two candlefoot power along the first 40 unobstructed feet of the adjacent side of the build ing; and
(3) There shall be a minimum of two candlefoot power in that portion of the defined parking area within 60 feet of the remote service terminal.
7-8-4. Customers receiving access devices shall be furnished by the respective issuers thereof with notices of basic safety precautions which customers should employ while using a remote service terminal. This information shall be furnished by personally delivering or mailing the information to each customer whose mailing address as to the account to which the access device relates is in this state. This information shall be furnished with respect to access devices issued on or after July 1, 1994, at or before the time the customer is furnished with his or her access device. With respect to a customer to whom an access device has been issued prior to July 1, 1993, the information shall be delivered on or before July 1, 1994. Only one notice need be furnished per household, and if access devices are furnished to more than one customer for a single account or set of accounts or on the basis of a single

TUESDAY, MARCH 16, 1993

1449

application or other request for access devices, only a single notice need be furnished in satisfaction of the notification responsibilities as to those customers. The information may be included with other disclosures related to the access device furnished to the customer, such as with any initial or periodic disclosure statement furnished pursuant to the federal Electronic Fund Transfer Act.
7-8-5. The provisions of this chapter shall not apply to any remote service terminal which is located:
(1) Inside a building, unless it is a freestanding installation which exists for the sole purpose of providing an enclosure for the remote service terminal;
(2) Inside a building, except to the extent a transaction can be conducted from outside the building; or
(3) In any area, including any access area, building, enclosed space, or parking area, which is not controlled by the operator.
7-8-6. The commissioner of the Department of Banking and Finance is empowered to enforce the provisions of this chapter and is empowered to make all necessary rules and regulations for the purpose of carrying out the purposes of this chapter.
7-8-7. The provisions of this chapter shall not be construed to create any duty, respon sibility, or obligation for any person or entity whose primary function is to provide for the exchange, transfer, or dissemination of electronic fund transfer data and is not otherwise a financial depository institution or an operator, as defined in this chapter, and such person or entity shall have no liability of any nature to any customer or user of a remote service terminal and shall not be named in any action by a customer or user of a remote service terminal for any claim concerning any provision of this chapter or relating to the use or attempted use of a remote service terminal.
7-8-8. This chapter supersedes and preempts all rules, regulations, codes, statutes, or ordinances of all cities, counties, consolidated cities and counties, municipalities, and local agencies regarding customer safety at remote service terminals."
Section 13. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 14. All laws and parts of laws in conflict with this Act are repealed.

Senator Broun of the 46th moved that the Senate agree to the House substitute to SB 355.

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 Day

Dean 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 Robinson Scott Slotin Starr

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Thomas Thompson

Turner Tysinger

Walker

Those not voting were Senators:

Dawkins Edge

Egan Perdue

Ray Taylor

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 355.

Senator Gochenour of the 27th introduced the doctor of the day, Dr. Joe Sam Robin son, Jr., of Macon, Georgia.

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

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.
Senate Sponsor: Senator Robinson of the 16th.

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

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

Those voting in the affirmative were Senators:

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

Egan Farrow Garner Gillis Gochenour Harbison rlemmer 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 bcot.t olotm Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Glanton

Hill

Ray

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

TUESDAY, MARCH 16, 1993

1451

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

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.
Senate Sponsor: Senator Robinson of the 16th.

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

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch Boshears
Bowen B,,BBDC^r;nirrhuacooervcwute,Konknnasooff. 4_266,,t.th,h
Coleman Crotts Dawkins Day Dean Edge Egan

Farrow Garner Gillis Glanton Gochenour Harbison
Hemmer H,,HTHTHTJoeui.,,l,nog,l=skg, osin.n,s
Isakson KemP Langford of 35th Langford of 29th Madden Marable Middleton

Newbill Oliver Parrish Perdue Pollard Ragan of llth
Ragan of 32nd nKoR<SnS-, oicloaoowulbjts.,t-iitt.nnTMosnon
Starr
Thomas Thompson Turner Tysinger Walker

Not voting was Senator Ray.

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

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

Senator Robinson of the 16th moved that all of the following Senate bills, having been passed on the Senate Local Consent Calendar previously today, be immediately transmitted to the House:

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.

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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.
SB 388. By Senators Isakson of the 21st, Clay of the 37th, Thompson of the 33rd and Ragan of the 32nd:
A bill to amend an Act creating the Cobb County Stadium Authority so as to change the provisions relating to the appointment of members to the Authority and their terms of office; to provide for an effective date.
SB 389. By Senators Isakson of the 21st, Clay of the 37th, Thompson of the 33rd and Ragan of the 32nd:
A bill to amend an Act creating the Cobb-Marietta Coliseum and Exhibit Hall Authority, as amended, so as to change the provision regarding the term of office of the member of the authority appointed by the board of commissioners of Cobb County; to provide for terms of office of four years for certain members of the authority; to provide for an effective date.
On the motion, the yeas were 37, nays 0; the motion prevailed, and all the Senate bills on the Senate Local Consent Calendar which passed previously today, were immediately transmitted to the House.
The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:
HB 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.
Senate Sponsors: Senators Robinson of the 16th and Clay of the 37th.
Senator Clay of the 37th offered the following amendment:
Amend HB 333 by inserting after the semicolon on line 9 of page 1 the following:
"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 au thorize the court, upon the request of a school superintendent, to allow authorized repre sentatives of a county or independent school system to inspect and disseminate law enforce ment records concerning juveniles to school administrators, counselors, principals, and teachers; to regulate and otherwise restrict the dissemination and restrict the use of such records;".
By renumbering Sections 2 and 3 as Sections 3 and 4, respectively.
By adding between lines 19 and 20 of page 2 the following:
"Section 2. Said chapter is further amended by adding at the end of Code Section 15-

TUESDAY, MARCH 16, 1993

1453

11-59 of the Official Code of Georgia Annotated, relating to juvenile law enforcement records and the maintenance and inspection thereof, a new subsection (e) to read as follows:
'(e) Upon the request of the school superintendent of any county or independent school system in this state and upon such terms and conditions as the court may impose, the court may allow authorized representatives of such school system to inspect and copy law enforce ment records concerning juveniles enrolled in such school system and to disseminate the information obtained from such records to school administrators, counselors, principals, and teachers within such school system. Information disseminated to such personnel shall not be disclosed by such personnel to any person who is not an employee of the school system. Such information shall be provided and used solely for the purpose of allowing school per sonnel to assist such child and to provide a safe environment for other students coming into contact with the juvenile whose records or information are disseminated.'"

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

The President announced that, pursuant to Senate Rule 143, consideration of HB 333 would be suspended and placed on the Senate General Calendar.

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.
Senate Sponsor: Senator Blitch of the 7th.

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

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

Those voting in the affirmative were Senators:

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 Gochenour Harbison Hemmer Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden

Marable Middleton Newbill Oliver Parrish Perdue Ragan of llth Ragan of 32nd Ralston Robinson Scott Slotin Starr Thompson Turner Tysinger

Those not voting were Senators:

Dawkins Glanton Henson

Pollard Ray Taylor

Thomas Walker

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

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

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.
Senate Sponsor: Senator Coleman of the 1st.

The following Memorandum, as required by law, was read by the Secretary:

DEPARTMENT OF AUDITS 254 Washington Street, S.W.
Room 214 Atlanta, Georgia 30334-8400

MEMORANDUM

TO:

The Honorable Bill Dover, Chairman

House Ways and Means Committee

FROM:

Claude L. Vickers, State Auditor Henry M. Huckaby, Director, Office of Planning and Budget

DATE:

February 18, 1993

SUBJECT: Fiscal Note--House Bill 630 (LC 18 5461) Motor Fuel Taxation--Reporting requirements

This bill revises existing provisions regarding reporting requirements for motor fuel tax ation. Definitions related to the export, import, and storage of motor fuels have been added.
This bill also establishes additional reporting requirements for motor fuel transporters and terminal operators. Further, this bill establishes penalties for violations of the new reporting
requirements. Finally, this bill would also provide the Commissioner of Revenue with the authority to adopt equivalent reporting requirements by rules and regulations to cover situ ations not specifically covered by this bill.

The reporting requirements to be established by this bill would not have a significant impact on state revenues or expenditures.

/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 Alien Balfour Baugh Blitch Boshears

Bowen Brown of 26th Burton Cheeks Clay Coleman

Crotts Dawkins Dean Edge Egan Farrow

TUESDAY, MARCH 16, 1993

1455

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 Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Broun of 46th Day

Ray Robinson

Scott

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

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

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.
Senate Sponsor: Senator Coleman of the 1st.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Broun of 46th Dawkins Dean

Hooks Langford of 35th Ray

Robinson Taylor

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

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

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.
Senate Sponsor: Senator Walker of the 22nd.
The Senate Committee on Health and Human Services offered the following amendment:

Amend HB 728 by striking from line 12 of page 2 the word "and" at the end of such line.
By adding at the end of line 15 of page 2 the following: "; and".

By adding between lines 15 and 16 of page 2 the following:
"(D) With private nonprofit entities organized for the purpose of providing housing to persons of low and moderate income when such entities are exempt from federal income tax pursuant to Section 501(c) of the Internal Revenue Code of 1986".

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 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 Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Not voting were Senators Broun of the 46th and Ray.

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

TUESDAY, MARCH 16, 1993

1457

The bill, having received the requisite constitutional majority, was passed as amended.
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.
Senate Sponsor: Senator Hemmer of the 49th.
The Senate Committee on Natural Resources offered the following amendment:
Amend HB 257 by inserting on line 3 of page 1, following the word "provide", the following:
"a statement of legislative intent; to provide".
By inserting on line 22 of page 1, following the word and symbol "level;", the following:
"to impose certain restrictions on the disposal of yard trimmings;".
By redesignating Section 2 through Section 13 as Section 3 through Section 14, respec tively, and by inserting on page 2 immediately following line 18 the following:
"Section 2. Said part is further amended by inserting at the end of said Code Section 12-8-21 the following:
'(g) It is further the intent of the General Assembly to provide a frame of reference for the state and all counties, municipal corporations, and solid waste management authorities in the state relating to the handling of yard trimmings. The productivity of the soils of Georgia requires that nature's way of recycling vegetative matter be respected and followed and that such essential building materials are no longer wasted by being buried in landfills but are returned to the soil. The General Assembly, therefore, adopts and recommends the following hierarchy for handling yard trimmings:
(1) Naturalized, low-maintenance landscaping requiring little or no cutting;
(2) Grass cycling by mowing it high and letting it lie;
(3) Stacking branches into brush piles for use as wildlife habitats and for gradual de composition into the soil;
(4) Composting on the site where the material was grown, followed by incorporation of the finished compost into the soil at that site;
(5) Chipping woody material on the site where such material was generated;
(6) Collecting yard trimmings and transporting them to another site to be chipped or composted for later use; and
(7) Chipping woody material for later use as fiber fuel.'".
By striking on line 30 of page 13 the number "1993" and inserting in lieu thereof the following:
"1995".
By redesignating Sections 14 and 15 as Sections 16 and 17, respectively, and by in serting on page 18 immediately following line 31 the following:
"Section 15. Said part is further amended by striking in its entirety Code Section 12-840.2, relating to restrictions on the disposal of yard trimmings, and inserting in lieu thereof the following:
'12-8-40.2. (a) Effective July 1, 1000, September 1, 1996, each city, county, or solid waste management authority shall have the right -to impose certain restrictions on yard

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trimmings which are generated in or may ultimately be disposed of in its area of jurisdic tion. These restrictions stey shall include but are not limited to:
(1) A requirement that yard trimmings not be placed in or mixed with municipal solid waste;
(2) A ban on the disposal of yard trimmings at municipal solid waste disposal facilities having liners and leachate collection systems or requiring vertical expansion within its jurisdiction; ef
(3) A requirement that yard trimmings be sorted and stored for collection in such a manner as to facilitate collection, composting, or other handling? ; and
(4) A requirement that yard trimmings be sorted and stockpiled or chipped, composted, used as mulch, or otherwise beneficially reused or recycled to the maximum extent feasible.
(b) Prior to September 1, 1996, each city, county, and solid waste authority is author ized "But not required to impose restrictions on yard trimmings which are generated or may ultimately be disposed of in its area of jurisdiction. Such restrictions may include, but are not limited to, the restrictions stated in paragraphs (1) through (4) of subsection (a) of this Code section.
(c) The Board of Natural Resources is authorized to develop guidelines to assist local governing authorities and others in the orderly stockpiling of yard trimmings at suitable sites, the chipping and composting of yard trimmings, and the distribution of the products resulting from such chipping and composting.'""!
Senator Hemmer of the 49th offered the following amendment:
Amend the amendment offered by the Senate Committee on Natural Resources to HB 257 by replacing the figure "18" on line 21 of page 2 with the figure "19".
By striking the figure "31" on line 22 of page 2 and inserting in its place the figure "5".
On the adoption of the amendment offered by Senator Hemmer of the 49th, the yeas were 45, nays 0, and the amendment was adopted.
Senator Dawkins of the 45th offered the following amendment:
Amend the amendment offered by the Senate Committee on Natural Resources to HB 257 by striking "1995" on page 2, line 19, and inserting in lieu thereof "1994".
On the adoption of the amendment offered by Senator Dawkins of the 45th, the yeas were 39, nays 0, and the amendment was adopted.
Senator Dawkins of the 45th offered the following amendment:
Amend the amendment offered by the Senate Committee on Natural Resources to HB 257 by adding on page 12, line 4, between the words "waste" and "as" a comma ","; and by adding on page 15, line 10, between the words "waste" and "as" a comma ",".
On the adoption of the amendment offered by Senator Dawkins of the 45th, the yeas were 42, nays 0, and the amendment was adopted.
On the adoption of the amendment offered by the Senate Committee on Natural Re sources, the yeas were 42, nays 3, 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.

TUESDAY, MARCH 16, 1993

1459

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

Those voting in the affirmative were Senators:

Ahernathy Alien Balfour Baugh Blitch Boshears
SWen , v. Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Edge

Egan 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 nth Ragan of
starr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Farrow

Ray

Robinson

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 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 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.
Senate Sponsor: Senator Balfour of the 9th.

The Senate Committee on Finance and Public Utilities offered the following substitute to HB 472:

A BILL
To be entitled an Act 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 munici pality under certain circumstances to expend taxes collected from such levies for supporting a facility owned or operated by a local government or authority for convention or trade show and similar purposes; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 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

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of tourism, conventions, and trade shows, is amended by striking in its entirety paragraph (3) of subsection (a) and inserting in lieu thereof a new paragraph to read as follows:
"(3) Notwithstanding the provisions of paragraph (1) of this subsection, a county (within the territorial limits of the special district located within the county) or municipality may levy a tax under this Code section at a rate of 5 percent. A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph (3)) an amount equal to the amount by which the total taxes collected under this Code section exceed the taxes which would be collected at a rate of 3 percent for the purpose of: (A) promoting tourism, conventions, and trade shows; (B) supporting a facility owned or operated by a state authority for convention and trade show purposes or any other similar or related purposes; (C) supporting a facility owned or oper ated by a local government or local authority for convention and trade show purposes or any other similar or related purposes, if a written agreement to provide such support was in effect on January 1, 1987, and if such facility is substantially completed and in operation prior to July 1, 1987; (D) supporting a facility owned or operated by a local government or local authority for convention and trade show purposes or any other similar or related pur poses if construction of such facility is funded or was funded prior to July 1, 1990, in whole or in part by a grant of state funds or is funded on or after July 1, 1990, in whole or sub stantially by an appropriation of state funds; vr (E) supporting a facility owned by a local government or local authority for convention and trade show purposes and any other similar or related purposes if construction of such facility is substantially funded or was substan tially funded on or after February 28, 1985, by a special county 1 percent sales and use tax authorized by Article 3 of Chapter 8 of Title 48, as amended and if such facility was sub stantially completed and in operation prior to December 31, 1993; or (F) for some combina tion of such purposes. Amounts so expended shall be expended only through a contract or contracts with the state, a department of state government, a state authority, a convention and visitors bureau authority created by local Act of the General Assembly for a municipal ity, or a private sector nonprofit organization, or through a contract or contracts with some combination of such entities, except that amounts expended for purposes (C) and (D) may be so expended in any otherwise lawful manner."
Section 2. Said Code section is further amended by striking in its entirety paragraph (4) of subsection (a) and inserting in lieu thereof a new paragraph (4) to read as follows:
"(4) Notwithstanding any other provision of this subsection, a county (within the terri torial limits of the special district located within the county) or municipality may levy a tax under this Code section at a rate of 6 percent. A county or municipality levying a tax pursu ant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph (4)) an amount equal to at least 43 '/3 percent of the total taxes col lected at the rate of 6 percent for the purpose of: (A) promoting tourism, conventions, and trade shows; (B) supporting a facility owned or operated by a state authority for convention and trade show purposes or any other similar or related purposes; (C) supporting a facility owned or operated by a local authority or local government for convention and trade show purposes or any other similar or related purposes, if a written agreement to provide such support was in effect on January 1, 1987, and if such facility is substantially completed and in operation prior to July 1, 1987; (D) supporting a facility owned or operated by a local government or local authority for convention and trade show purposes or any other similar or related purposes if construction of such facility is funded or was funded prior to July 1, 1990, in whole or in part by a grant of state funds or is funded on or after July 1, 1990, in whole or substantially by an appropriation of state funds; #r (E) supporting a facility owned by a local government or local authority for convention and trade show purposes and any other similar or related purposes if construction of such facility is substantially funded or was substantially funded on or after February 28, 1985, by a special county 1 percent sales and use tax authorized by Article 3 of Chapter 8 of Title 48, as amended and such facility was substantially completed and in operation prior to December 31, 1993; or (F) for some combination of such purposes. Amounts so expended shall be expended only through a con tract or contracts with the state, a department of state government, a state authority, a

TUESDAY, MARCH 16, 1993

1461

convention and visitors bureau authority created by local Act of the General Assembly for a municipality, or a private sector nonprofit organization, or through a contract or contracts with some combination of such entities, except that amounts expended for purposes (C) and (D) may be so expended in any otherwise lawful manner. In addition to the amounts re quired to be expended above, a county or municipality levying a tax pursuant to this para graph (4) shall further expend (in each fiscal year during which the tax is collected under this paragraph (4)) an amount equal to at least 16 % percent of the total taxes collected at the rate of 6 percent for the purpose of construction or expansion of either: (A) a facility owned or operated by a state authority for convention and trade show purposes or any other similar or related purposes; (B) a facility owned or operated by a local authority or local government for convention and trade show purposes or any other similar or related pur poses, if such support is provided to a governmental entity with which the county or munici pality levying the tax had in effect on January 1, 1987, a contractual agreement concerning governmental support of a convention and trade show facility; (C) a facility owned or oper ated for convention and trade show purposes, visitor welcome center purposes, or any other similar or related purposes by a convention and visitors bureau authority created by local Act of the General Assembly for a municipality; er (D) a facility owned or operated for convention and trade show purposes or any other similar or related purposes by a coliseum and exhibit hall authority created by local Act of the General Assembly for a county and one or more municipalities therein. Amounts so expended to meet such 16 % percent expen diture requirement shall not be subject to the foregoing provisions of this paragraph requir ing expenditure through a contract or contracts with certain entities; or (E) a facility owned by a local government or local authority for convention and trade show purposes and any other similar or related purposes if construction of such facility is substantially funded or was substantially funded on or after February 28, 1985, by a special county 1 percent sales and use tax authorized by Article 3 of Chapter 8 of Title 48, as amended and such facility was substantially completed and in operation prior to December 31, 1993."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Senator Balfour of the 9th offered the following amendment:
Amend the substitute to HB 472 offered by the Senate Committee on Finance and Public Utilities by inserting between "therein" and the period on line 13 of page 5 the following:
"; or (E) a facility owned by a local government or local authority for convention and trade show purposes and any other similar or related purposes if construction of such facil ity is substantially funded or was substantially funded on or after February 28, 1985, by a special county 1 percent sales and use tax authorized by Article 3 of Chapter 8 of Title 48, as amended and such facility was substantially completed and in operation prior to Decem ber 31,
By striking from lines 17 through 26 of page 5 the following:
"; or (E) a facility owned by a local government or local authority for convention and trade show purposes and any other similar or related purposes if construction of such facil ity is substantially funded or was substantially funded on or after February 28, 1985, by a special county 1 percent sales and use tax authorized by Article 3 of Chapter 8 of Title 48T as amended and such facility was substantially completed and in operation prior to Decem ber 31,
On the adoption of the amendment offered by Senator Balfour of the 9th, the yeas were 33, nays 1, and the amendment was adopted.

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Senator Isakson of the 21st offered the following amendment:
Amend the substitute to HB 472 offered by the Senate Committee on Finance and Public Utilities by striking lines 1 through 4 of page 1 and inserting in lieu thereof the following:
"To amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia, relating to excise taxes on rooms, lodgings, and accommodations, so as to authorize a".
By striking the word "such" on line 6 of page 1 and inserting in its place the word "certain".
By adding on line 8 of page 1 after the word and symbol "purposes;" and before the word "to" the following:
"to authorize agreements between certain state authorities and counties or municipali ties regarding the collection and remission of such taxes on lodges, cabins, and similar facili ties; to provide for certain feasibility studies concerning privatization to be conducted prior to any any such agreement to collect or remit any such taxes levied on and after July 1, 1994;".
By adding between lines 26 and 27 of page 5 a new Section 2 to read as follows:
"Section 2. Said article is further amended by striking Code Section 48-13-54, relating to the collection and remission of taxes on lodges operated by the Department of Natural Resources, and inserting in its place a new Code Section 48-13-54 to read as follows:
'48-13-54. Any state park or other facility operated under the jurisdiction of the Stone Mountain Memorial Association, the Jekyll Island--State Park Authority, the Lake Lanier Islands Authority, the North Georgia Mountains Authority or the Department of Natural Resources which regularly furnishes for value lodge rooms as well as meals and conference or meeting facilities or has a minimum of 20 cabins and which is located in a county or municipality levying a tax under this article shall, as provided in this Code section, agree to collect and remit to the county or municipality within whose taxing jurisdiction the facility is located amounts which are equal to, or partially equal to, the amounts which would be collected and remitted to the county or municipality under the tax levied by the county or municipality under Code Section 48-13-51 if the lodges or cabins were privately operated; provided, however, prior to entering any agreement to collect and remit any taxes levied on and after July 1, 1994, under Code Section 48-13-51, the appropriate state authority or the Department of Natural Resources shall conduct a study to evaluate the feasibility of involv ing private persons, firms, corporations, and partnerships in the future development, con struction, operation, and management of such facility. The sums so collected and remitted shall only be expended for development, promotion, and advertising of the lodges or cabins from which the money was collected and remitted or for similar purposes of promoting, advertising, stimulating, and developing conventions and tourism in the county or munici pality in which the state park is operated as long as said promotion or advertising promi nently features the state park facilities or similar facilities operated under the jurisdiction of the appropriate state authority or the Department of Natural Resources.'"
By renumbering Section 3 on line 27 of page 5 as Section 4 and by renumbering Section 4 on line 30 of page 5 as Section 5.
On the adoption of the amendment offered by Senator Isakson of the 21st, 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.

TUESDAY, MARCH 16, 1993

1463

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 Egan

Farrow Garner 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 Walker

Voting in the negative was Senator Langford of 35th.

Those not voting were Senators:

Brown of 26th

Gillis

Tysinger

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

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

Senator Balfour of the 9th moved that HB 472 be immediately transmitted to the House.

On the motion, the yeas were 30, nays 0; the motion prevailed, and HB 472 was imme diately transmitted to the House.

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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:
HB 958. By Representative Reaves of the 178th: A bill to create the State Court of Brooks County.
HB 1071. By Representative Twiggs of the 8th: A bill to provide a new charter for the City of Hiawassee.
HB 1089. By Representatives Bargeron of the 120th, Harris of the 112th and Moore of the 113th: A bill to provide for a supplement to the compensation, expenses, allowances, and supplements of the judge of the probate court, the tax commissioner and the clerk of the Superior Court of Columbia County.
HB 1093. By Representative Porter of the 143rd: A bill to amend an Act providing a new charter for the City of Dublin, so as to provide that the time of elections for the City of Dublin will conform with the "Georgia Municipal Election Code".
HB 1094. By Representative Porter of the 143rd: A bill to provide that the Board of Education of the City of Dublin shall be a body corporate and politic with authority to purchase, acquire, lease, condemn, and hold real estate in that name.
HB 1096. By Representatives Holland of the 157th and Chambless of the 163rd: A bill to amend an Act establishing the State Court of Worth County, so as to change the salary of the solicitor of said court.
The following bills of the House were read the first time and referred to committee:
HB 958. By Representative Reaves of the 178th: A bill to create the State Court of Brooks County.
Referred to Committee on Urban and County Affairs.
HB 1071. By Representative Twiggs of the 8th: A bill to provide a new charter for the City of Hiawassee.
Referred to Committee on Urban and County Affairs.
HB 1089. By Representatives Bargeron of the 120th, Harris of the 112th and Moore of the 113th: A bill to provide for a supplement to the compensation, expenses, allowances, and supplements of the judge of the probate court, the tax commissioner and the clerk of the Superior Court of Columbia County.
Referred to Committee on Urban and County Affairs.

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HB 1093. By Representative Porter of the 143rd:
A bill to amend an Act providing a new charter for the City of Dublin, so as to provide that the time of elections for the City of Dublin will conform with the "Georgia Municipal Election Code".
Referred to Committee on Urban and County Affairs.

HB 1094. By Representative Porter of the 143rd:
A bill to provide that the Board of Education of the City of Dublin shall be a body corporate and politic with authority to purchase, acquire, lease, condemn, and hold real estate in that name.
Referred to Committee on Urban and County Affairs.

HB 1096. By Representatives Holland of the 157th and Chambless of the 163rd:
A bill to amend an Act establishing the State Court of Worth County, so as to change the salary of the solicitor of said court. Referred to Committee on Urban and County Affairs.

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

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

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

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

Those voting in the affirmative were Senators:

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

Farrow Garner Gillis 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 Taylor Thomas Thompson Turner Tysinger Walker

Voting in the negative were Senators Baugh and Glanton.

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Those not voting were Senators:

Coleman

Gochenour

Newbill

On the passage of the bill, the yeas were 51, nays 2.

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

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.
Senate Sponsor: Senator Turner of the 8th.

The Senate Committee on Banking and Financial Institutions offered the following sub stitute to HB 237:

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 for the registration of certain persons exempt from licensing requirements; to prohibit the transaction of a mortgage lend ing or brokerage business without 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 additional licenses; to provide for the term and renewal of licenses; to provide for suspension and revocation of licenses; to provide for examinations and investiga tions; to provide for notices, reports, and other requirements relative to licensees and regis trants; to prohibit certain acts; to provide for disclosure requirements regarding mortgage loans; to provide for requirements relative to escrow accounts and advertisements; to au thorize rules and regulations; 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 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 or 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) '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.
(5) '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 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

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hours of the funding of the loans to the mortgage lenders providing the funding of such loans.
(6) 'Mortgage lender' means any person who directly or indirectly makes, originates, or purchases mortgage loans or who services mortgage loans.
(7) '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.
(8) 'Person' means any individual, sole proprietorship, corporation, partnership, trust, or any other group of individuals, however organized.
(9) 'Registrant' means any person required to register under subsection (b) of Code Section 7-1-1001.
(10) 'Residential property' means improved real property used or occupied, or intended to be used or occupied, as the principal residence of a natural person.
(11) '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.
(12) '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 natural person or the estate of or trust created by a natural person making a mortgage loan with his or her own funds for his or her own investment, including those natural persons or the estates of or trusts created by such natural persons who make a purchase money mortgage for financing sales of their own property.
(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

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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;
(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; or
(12) Any person who purchases mortgage loans from a mortgage broker or mortgage lender solely as an investment and who is not in the business of brokering, making, or ser vicing mortgage loans.
(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 initially with the department on or before July 1, 1993, and thereafter shall register with the department 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 ad dresses 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. On and after July 1, 1993, 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.

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(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 for a mort gage lender shall be in the principal sum of $100,000.00 or such greater sum as the depart ment may require. The bond for a mortgage broker shall be in the principal sum of $50,000.00 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 damaged 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 condi tioned upon the applicant or the licensee conducting his or her licensed business in con formity with this article and all applicable laws. Any person who may be damaged 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. The provisions of this para graph 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 $25,000.00.
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.
(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 may 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

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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 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 given written notice to the department within 10 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 10 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.

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(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, on and after July 1, 1993, no person shall acquire directly or indirectly 25 percent or more of the voting shares of a corpo ration or 25 percent or more of the ownership of any other entity licensed to conduct busi ness 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 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 this 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.

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(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 mortgage broker licensed or registered under this article shall submit to the department at least once each year an unaudited financial statement prepared by a certified public accountant in accordance with generally accepted accounting principles and certified to be true and correct by the mortgage broker. The department may require the mortgage broker to have made by independent certified public accountants an audit of the books and affairs of the licensed or registered business if the department finds that such an audit is necessary to determine whether the mortgage broker is complying with the provisions of the article and the rules and regulations adopted in furtherance of this article. Each mortgage lender licensed or registered under this article 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 mortgage lender licensed or registered under this article which is a subsidiary shall comply with this provision by annually providing a consolidated audited financial statement of its parent company and a financial statement of its parent company and a financial statement, which may be unaudited, of the licensee or registrant which is prepared in accordance with generally accepted accounting principles. The depart ment may by regulation establish minimum standards for audits and reports under this Code section.
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;

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(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;
(2) Any mortgage lender required to be licensed or registered under this article shall 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; and
(3) Any mortgage lender required to be licensed or registered under this article shall disclose to each applicant for a mortgage loan 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.
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;

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(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; and
(3) No licensee shall advertise its services in Georgia in any media, whether print or electronic, without the words 'Georgia Residential Mortgage Licensee.'
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 ordering 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 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

TUESDAY, MARCH 16, 1993

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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.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

Those voting in the affirmative were Senators:

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

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

Madden Marable Middleton Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin

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Thomas Thompson

Turner Tysinger

Walker

Those not voting were Senators:

Brown of 26th Coleman Dawkins

Edge Garner Kemp

Newbill Starr Taylor

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

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

Senator Crotts of the 17th moved that Senator Harbison of the 15th be excused from the Senate for the remainder of the day due to family illness.

On the motion, the yeas were 37, nays 0; the motion prevailed, and Senator Harbison of the 15th was excused from the Senate for the remainder of the day.

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

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 House amendment was as follows:

Amend SB 129 by striking line 1 on page 1 and inserting in lieu thereof the following:
"To amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to state government, so as to define a certain term; to provide that the employment position of any person who is granted involuntary separation benefits by a state agency shall remain open permanently; to provide that an amount equal to the sum of the salary and the cost of the retirement with involuntary separation benefits of any employee involuntarily separated shall be deleted permanently from the employing agency's annual budget; to provide for exceptions; to amend Chapter 13 of Title 50 of the Official".
By striking line 10 on page 1 and inserting in lieu thereof the following:
"Section 1. Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to state government, is amended by adding at the end thereof a new Code Section 50-1-4 to read as follows:
'50-1-4. (a) As used in this Code section, the term "state agency" means any depart ment, agency, board, commission, or authority of the state or any political subdivision thereof, any employees of which are members of the Employees' Retirement System of Georgia.
(b) Any time a state employee entitled to receive involuntary separation retirement benefits pursuant to Code Section 47-2-123 is involuntarily separated from employment and such employee is granted such involuntary separation benefits, the employment position such employee held within a state agency at the time of such involuntary separation from service shall remain open and unfilled permanently. In addition, an amount equal to the sum of such employee's salary at the time of such involuntary separation from service and

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1477

the cost of such employee's retirement with involuntary separation benefits shall be deleted permanently from the employing state agency's annual appropriations budget.
(c) The provisions of this Code section shall not apply to an employee who is involunta rily separated from service because of a mandatory retirement age or as a direct result of an Act of the General Assembly which abolishes such employee's position.'
Section 2. Chapter 13 of Title 50 of the Official".
By renumbering Section 2 as Section 3.

Senator Walker of the 22nd moved that the Senate agree to the House amendment to SB 129.

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 BChuerteokns
Clay Coleman Crotts Day Dean Edge

Egan Farrow Gillis Glanton Gochenour Hemmer Henson Hooks Huggins IKsaekmspon
Langford of 35th Langford of 29th Madden Marable Middleton Oliver

Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston jj Robinson
S0lcoottm.t
Starr Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Dawkins Garner

Harbison (excused) Hill

Newbill Taylor

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 129.

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

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.

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The House substitute to SB 133 was as follows:
A BILL
To be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to allow an insurer to hold securities which are not evidenced by certificates or instruments if held in accordance with rules of the Commissioner; to author ize regulations regarding book-entry securities held by insurers; 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 persons; to provide a description of certain special employee groups and allow policies 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 poli cies; 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 conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking Code Section 33-11-10, relating to investments in securities issued by the United States Treasury, and inserting in its place a new Code Section 33-11-10 to read as follows:
"33-11-10. Notwithstanding any other provisions of this title which might be construed to the contrary, nothing contained in this title shall be deemed to prohibit an insurer from investing its funds in or holding or owning as admitted assets securities issued by the Trea sury of the United States government or by any agency or instrumentality of the United States government or by any other institution 30 permitted under this title, which arc not evidenced by certificates OT instruments and related records issued to the insurer, provided.
(1) That a certificate evidencing the security and reciting the fights and obligations thereunder and the interest of the insurer thereunder ia maintained in an appropriate loca tion as authorized by law or is deposited with and maintained by any dcpoaitory ayatcm operated by a clearing agency registered under the Securities Exchange Act of 1034;
(2) That these securities arc otherwise eligible for investment under thia title; and
(8) That these securities arc cither subject to 01 governed by the joint Federal Reserve United States Treasury Department program relating to the utilization of book entry record keeping procedures with respect to the registration of securities or other similar progroma aa may be approved by the Commissioner by appropriate order, rule, or regulation, which are not evidenced by certificates or instruments and related records issued to the insurer if held in accordance with the rules and regulations prescribed by the Commissioner and such se curities are otherwise eligible for investment under this title."
Section 2. Said title is further amended by adding at the end of Code Section 33-12-4, relating to the designation of trust companies as depositories, a new subsection (c) to read as follows:
"(c) The Commissioner may by rule or regulation prescribe the methods by which bookentry securities may be accepted as securities required or permitted by law."
Section 3. Said title is further amended by striking subsection (c) of Code Section 3324-3, relating to insurable interest in policies of personal insurance, in its entirety and in serting 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

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1479

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 4. Said title is further amended by adding at the end of Code Section 33-24-6, 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 5. Said title is further 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 6. Said title is further amended by striking subsection (a) of Code Section 3327-3, 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;
(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

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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 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-

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(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 subsec tion Tc) 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 7. Said title 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 para graph (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 8. All laws and parts of laws in conflict with this Act are repealed.

Senator Ray of the 19th moved that the Senate agree to the House substitute to SB 133.

On the motion, 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 QJ Coleman Crotts Day Dean Edge Egan

Farrow Garner Gillis Glanton Gochenour
Henson ffiu Rk ,,"ufgm8 Isakson KemP Langford of 35th Langford of 29th Madden Marable Middleton

Oliver Parrish Perdue Pollard Ragan of llth
Ragan of 32nd Ralston R ,R-, ofb.inson Scott Slotin Starr Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Dawkins Harbison (excused)

Hemmer Newbill

Taylor Walker

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On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 133.

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

HB 928. By Representative 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.
Senate Sponsor: Senator Henson of the 55th.

The following Memorandum, as required by law, was read by the Secretary:

DEPARTMENT OF AUDITS 254 Washington Street, S.W.
Room 214 Atlanta, Georgia 30334-8400

MEMORANDUM

TO:

The Honorable Bill Dover, Chairman

House Ways and Means Committee

FROM:

Claude L. Vickers, State Auditor Henry M. Huckaby, Director, Office of Planning and Budget

DATE:

March 4, 1993

SUBJECT: Fiscal Note--House Bill 928 (LC 18 5634) Excise Taxation--Compressed Natural Gas

This Bill specifies how Compressed Natural Gas (CNG) for use as a motor fuel should be measured for excise tax purposes. The Bill provides that one gallon equivalent of CNG would contain not less than 110,000 British Thermal Units (BTUs).

This Bill would reduce CNG motor fuel excise tax revenues approximately ten percent, since the gallon equivalent currently utilized for tax purposes (as established by Depart ment of Revenue regulations) is only 100,000 BTUs. The total impact on state tax revenues cannot be accurately determined, since a breakdown of the proportion of the approximately $4.5 million of special fuel taxes associated with CNG (as opposed to alcohol and other special fuels) is not maintained by the Department of Revenue.

kl Claude L. Vickers State Auditor

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

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

Amend HB 928 by striking from lines 20 and 21 of page 2 the following: "be not less than 110,000", and inserting in its place the following: "for taxing purposes, be equal to 137,000".

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1483

On the adoption of the amendment, the yeas were 0, nays 38, and the amendment was lost.

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

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

Those voting in the affirmative were Senators:

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

Edge Egan Gillis Gochenour Hemmer Henson Hooks Huggins Isakson Kemp Langford of 29th Madden Marable Middleton Oliver

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

Those not voting were Senators:

Dawkins Farrow Garner Glanton

Harbison (excused) Hill Langford of 35th

Newbill Ralston Taylor

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

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

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.
Senate Sponsor: Senator Walker of the 22nd.

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 Boshears Bowen

Brown of 26th Burton Cheeks Clay Crotts Day

Dean Edge Egan Gillis Gochenour Hemmer

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JOURNAL OF THE SENATE

Henson Hill Hooks Huggms
J^son La^gford of 35th Langford of 29th Madden Marable

Middleton Oliver Parrish Perdue
Pollard Ra&an of llth Ragan of 32nd Ralston Ray

Robinson Scott Slotin Starr
Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Blitch Broun of 46th Coleman Dawkins

Farrow Garner Glanton

Harbison (excused) Newbill Taylor

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

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

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".
Senate Sponsor: Senator Hooks of the 14th.

Senator Hooks of the 14th offered the following amendment:

Amend HB 93 by striking the words "wheelchair" and "wheelchairs" wherever such words appear, except on line 3 of page 1 and line 2 of page 2, and inserting in lieu thereof, respectively, the words "assistive technology device" and "assistive technology devices".
By striking the word "motorized" wherever such word appears, except on line 3 of page 12 and line 1 of page 2.
By striking on line 3 of page 1 and line 2 of page 2 the words "Motorized Wheelchair" and inserting in lieu thereof the words "Assistive Technology".
By striking line 14 of page 1 and inserting in lieu thereof the following:
"assistive technology devices without full disclosure; to provide for the return or re placement of assistive technology devices recommended by the assistive technology device manufacturer or dealer if the device does not meet the needs of the person with a disability; to provide".
By striking line 4 of page 2 and inserting in lieu thereof the following:
"(1) 'Assistive technology device' means any device or equipment with a retail cost to a consumer of $1,000.00 or more, that assists a person with disabilities to perform specific tasks such as moving, walking, standing, speaking, breathing, hearing, seeing, learning, working, sleeping, reaching, grasping, or caring for himself or herself that would not be pos sible for such person without an assistive technology device.
(2) 'Assistive technology device dealer' means a person who is in the business of selling assistive technology devices.
(3) 'Assistive technology device lessor' means a person who leases an assistive technol ogy device to a consumer, or who holds the lessor's rights under a written lease.

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1485

(4) 'Collateral costs' means expenses". By redesignating paragraphs (2), (3), (4), (5), and (6) on pages 2 and 3 as paragraphs (5), (6), (7), (8), and (9), respectively. By striking lines 27 through 32 of page 3. By striking lines 1 through 7 of page 4. By striking on line 21 of page 6 the word "driven" and inserting in lieu thereof the word "used".

By striking lines 12, 13, and 14 of page 9 and inserting in lieu thereof the following:
"10-1-854. A manufacturer or assistive technology device dealer who recommends and sells an assistive technology device to a consumer shall accept a return of the assistive tech nology device within 30 days after the purchase if the assistive technology device does not meet the needs of the person with the disability. The manufacturer or assistive technology dealer shall provide a refund in conformity with the provisions established within paragraph (2) of subsection (b) of Code Section 10-1-853.
10-1-855. (a) This article shall not be deemed to limit rights or remedies available to a consumer under any other law or contract".

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

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

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch Boshears
nBrown of,o2C6.tuh BChuerteokns Clay
Crotts Day Dean Edge Egan

Garner Gillis Glanton Gochenour Hemmer Henson
Hookt s HIsuakgsgoinns Kemp
Langford of 29th Madden Marable Middleton Parrish

Perdue Pollard Ragan of llth Ragan of 32nd Ralston
Rg obtinson _,lotln starr
Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Broun of 46th Coleman Dawkins

Farrow Harbison (excused) Langford of 35th

Newbill Oliver Taylor

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

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

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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.
Senate Sponsor: Senator Bowen of the 13th.

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

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch Boshears Bowen Brown of 26th Burton Cheeks Clay Crotts Day Dean Edge Egan Garner

Gillis Glanton Gochenour 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

Those not voting were Senators:

Broun of 46th Coleman Dawkins

Farrow Harbison (excused)

Newbill Taylor

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

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

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.
Senate Sponsor: Senator Hill of the 4th.

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:

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

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

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:

Blitch Dawkins Farrow

Harbison (excused) Madden Newbill

Taylor Walker

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

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

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

Mr. President:

The House has passed by the requisite constitutional majority the following bill of the House:
HB 1095. By Representatives Connell of the 115th, Brown of the 117th, Hart of the 116th, Padgett of the 119th, Howard of the 118th and others:
A bill to amend an Act establishing the compensation of certain officials in Rich mond County, so as to provide that any superior court judge currently serving in the Augusta Judicial Circuit and any additional superior court judge appointed hereafter to such circuit shall receive such compensation.
The House has disagreed to the Senate substitute to the following bill 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.
The House has passed by the requisite constitutional majority the following bills of the Senate:
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.

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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.
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.
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.
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.
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.
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.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 298. By Senators Balfour of the 9th, Day of the 48th, Tysinger of the 41st and others: 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.
The House has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 250. By Senator Perdue of the 18th: A resolution creating the Houston County Efficiency in Governmental Services Commission.
The House insists on its position in disagreeing to the Senate amendment, and has

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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 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 Speaker has appointed on the part of the House, Representatives Twiggs of the 8th, Streat of the 167th and Harris of the 112th.
The following bill of the House was read the first time and referred to committee:
HB 1095. By Representatives Connell of the 115th, Brown of the 117th, Hart of the 116th and others: A bill to amend an Act establishing the compensation of certain officials in Rich mond County, so as to provide that any superior court judge currently serving in the Augusta Judicial Circuit and any additional superior court judge appointed hereafter to such circuit shall receive such compensation.
Referred to Committee on Urban and County Affairs.
The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:
HB 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.
Senate Sponsor: Senator Robinson of the 16th.
The Senate Committee on Insurance and Labor offered the following amendment:
Amend HB 811 by adding on line 20 of page 1 after the word and symbol "informa tion;" and before the word "to" the following:
"to provide for certification by the State Board of Workers' Compensation and fees relative thereto;".
By adding on line 5 of page 19 after the word and symbol "article." and before the word "Certification" the following:
"The board shall be authorized to charge a fee for the certification of a drug-free work place program which shall approximate the administrative costs to the board of such certification."
On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted.
The Senate Committee on Insurance and Labor offered the following amendment:
Amend HB 811 by striking line 9 of page 12 in its entirety.

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By adding on line 23 of page 12 after the word "Abuse" and before the semicolon the following:
"or the College of American Pathologists".
By adding on line 27 of page 13 after the word "Abuse" and before the semicolon the following:
"or the College of American Pathologists".
By striking from lines 12 and 13 of page 15 the following:
"certified by the National Institute on Drug Abuse".
On the adoption of the amendment, the yeas were 36, nays 0, and the amendment was adopted.
The Senate Committee on Insurance and Labor offered the following amendment:
Amend HB 811 by striking line 20 of page 6 and inserting in lieu thereof the following:
"caused or contributed to an".
By striking lines 4 through 7 of page 11 and inserting in lieu thereof the following:
"(5) If the employee has caused or contributed to an on the job inquiry to himself or herself or to another employee which resulted in a loss of worktime, the employer must require the employee to submit to a substance abuse test."
On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted.
The Senate Committee on Insurance and Labor offered the following amendment:
Amend HB 811 by adding on line 23 of page 12 after the word "Abuse" and before the semicolon the following:
"or the Georgia Department of Human Resources".
On the adoption of the amendment, the yeas were 39, nays 0, and the amendment was adopted.
Senators Robinson of the 16th and Pollard of the 24th offered the following substitute to HB 811:
A BILL
To be entitled an Act to amend Chapter 9 to 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 insur ance if the insured under such policy establishes and maintains a drug-free workplace pro gram which complies with certain requirements; to provide for matters relative to such dis counts; to authorize rules and regulations by the Commissioner of Insurance; to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' com pensation, so as to provide for intent; to provide definitions; to provide requirements for a drug-free workplace program which will enable an employer to qualify for a premium dis count applicable to such employer's policy of workers' compensation insurance; to provide for substance abuse testing and procedures relative thereto; to provide for Employee Assis tance Programs; to provide for employee education and supervisor training; to provide for applicability and construction; to provide for confidentiality of certain information; to pro vide for certification by the State Board of Workers' Compensation and fees relative thereto; to authorize rules and regulations by the State Board of Workers' Compensation; to

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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 9 of Title 33 of the Official Code of Georgia Annotated, relating to insurance rates, underwriting rules, and related organizations, is amended by adding imme diately following Code Section 33-9-40.1, relating to rates of workers' compensation policies issued to business entities with a majority interest being held by the same person, a new Code Section 33-9-40.2 to read as follows:
"33-9-40.2. (a) For each policy of workers' compensation insurance issued or renewed in the state on and after July 1, 1993, there shall be granted by the insurer a 5 percent reduc tion in the premium for such policy if the insured has been certified by the State Board of Workers' Compensation as having a drug-free workplace program which complies with the requirements of Article 11 of Chapter 9 of Title 34 and has notified its insurer in writing of such certification.
(b) (1) The premium discount provided by this Code section shall be applied to an insured's policy of workers' compensation insurance pro rata as of the date the insured re ceives certification by the State Board of Workers' Compensation and shall continue for a period not to exceed four years; provided, however, an insurer shall not be required to credit the actual amount of the premium discount to the account of the insured until the final premium audit under such policy. Certification by an insured shall be required for each of the four years in which such premium discount is granted. Thereafter, any premium dis count pursuant to this article shall be determined from the insured's experience rating plan or in the case of an insured not rated upon experience, as provided in paragraph (2) of this subsection.
(2) With respect to an insured which is not rated upon experience, any premium dis count given an insured pursuant to this article after the initial four-year period provided in paragraph (1) of this subsection shall be determined by the Commissioner based upon data received from the rating and statistical organization designated by the Commissioner pursu ant to this chapter.
(c) The workers' compensation insurance policy of an insured shall be subject to an additional premium for the purposes of reimbursement of a previously granted premium discount and to cancellation in accordance with the provisions of the policy if it is deter mined by the State Board of Workers' Compensation that such insured misrepresented the compliance of its drug-free workplace program with the provisions of Article 11 of Chapter 9 of Title 34.
(d) Each insurer shall make an annual report to the rating and statistical organization designated by the Commissioner pursuant to this chapter illustrating the total dollar amount of drug-free workplace premium credit. Standard earned premium figures reported pursuant to this subsection on the aggregate calls for experience must reflect the effects of such credits. The net standard premium will then be the basis of any premium adjustment. The drug-free workplace credits must be reported under a unique classification code or unit statistical reports submitted to the rating and statistical organization designated by the Commissioner pursuant to Chapter 9 of this title.
(e) The Commissioner shall be authorized to promulgate rules and regulations neces sary for the implementation and enforcement of this Code section."
Section 2. Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, is amended by adding a new Article 11 to read as follows:
"ARTICLE 11
34-9-410. It is the intent of the General Assembly to promote drug-free workplaces in order that employers in this state be afforded the opportunity to maximize their levels of

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productivity, enhance their competitive positions in the marketplace, and reach their de sired levels of success without experiencing the costs, delays, and tragedies associated with work related accidents resulting from substance abuse by employees.
34-9-411. As used in this article, the term:
(1) 'Alcohol' means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced.
(2) 'Chain of custody' means the methodology of tracking specified materials, speci mens, or substances for the purpose of maintaining control and accountability from initial collection to final disposition for all such materials, specimens, or substances and providing for accountability at each stage in handling, testing, and storing materials, specimens, or substances and reporting test results.
(3) 'Confirmation test,' 'confirmed test,' or 'confirmed substance abuse test' means a second analytical procedure used to identify the presence of a specific drug or metabolite in a specimen. The confirmation test must be different in scientific principle from that of the initial test procedure. This confirmation method must be capable of providing requisite specificity, sensitivity, and quantitative accuracy.
(4) 'Drug' means amphetamines, cannabinoids, cocaine, phencyclidine (PCP), methadone, methaqualene, opiates, barbiturates, benzodiazepines, propoxyphene, or a metabolite of any such substances. An employer may test an individual for any or all of these.
(5) 'Employee' means any person who works for salary, wages, or other remuneration for an employer.
(6) 'Employee Assistance Program' means a program designed to assist in the identifica tion and resolution of job performance problems associated with employees impaired by personal concerns. A minimum level of core services must include consultation and training; professional, confidential, appropriate, and timely problem assessment services; short-term problem resolution; referrals for appropriate diagnosis, treatment, and assistance; follow-up and monitoring; employee education; and quality assurance.
(7) 'Employer' means a person or entity that is subject to the provisions of this chapter but shall not include the state or any department, agency, or instrumentality of the state; any county; any county or independent school system; any municipal corporation; or any employer which is self-insured for the purposes of this chapter.
(8) 'Initial test' means a sensitive, rapid, and reliable procedure to identify negative and presumptive positive specimens. All initial tests shall use an immunoassay procedure or an equivalent procedure or shall use a more accurate scientifically accepted method approved by the National Institute on Drug Abuse as such more accurate technology becomes availa ble in a cost-effective form.
(9) 'Job applicant' means a person who has applied for a position with an employer and has been offered employment conditioned upon successfully passing a substance abuse test and may have begun work pending the results of the substance abuse test.
(10) 'Nonprescription medication' means a drug or medication authorized pursuant to federal or state law for general distribution and use without a prescription in the treatment of human disease, ailments, or injuries.
(11) 'Prescription medication' means a drug or medication lawfully prescribed by a phy sician for an individual and taken in accordance with such prescription.
(12) 'Reasonable suspicion testing' means substance abuse testing based on a belief that an employee is using or has used drugs or alcohol in violation of the employer's policy drawn from specific objective and articulable facts and reasonable inferences drawn from those

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facts in light of experience. Among other things, such facts and inferences may be based upon, but not limited to, the following:
(A) Observable phenomena while at work such as direct observation of substance abuse or of the physical symptoms or manifestations of being impaired due to substance abuse;
(B) Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance;
(C) A report of substance abuse provided by a reliable and credible source;
(D) Evidence that an individual has tampered with any substance abuse test during his or her employment with the current employer;
(E) Information that an employee has caused or contributed to an accident while at work; or
(F) Evidence that an employee has used, possessed, sold, solicited, or transferred drugs while working or while on the employer's premises or while operating the employer's vehicle, machinery, or equipment.
(13) 'Rehabilitation program' means an established program capable of providing expert identification, assessment, and resolution of employee drug or alcohol abuse in a confidential and timely service. This service shall in all cases be provided by persons licensed or appro priately certified as health professionals to provide drug or alcohol rehabilitative services.
(14) 'Specimen' means tissue, blood, breath, urine, or other product of the human body capable of revealing the presence of drugs or their metabolites or of alcohol.
(15) 'Substance' means drugs or alcohol.
(16) 'Substance abuse test' or 'test' means any chemical, biological, or physical instru mental analysis administered for the purpose of determining the presence or absence of a drug or its metabolites or of alcohol.
(17) 'Threshold detection level' means the level at which the presence of a drug or alco hol can be reasonably expected to be detected by an initial and confirmatory test performed by a laboratory meeting the standards specified in this article. The threshold detection level indicates the level at which a valid conclusion can be drawn that the drug or alcohol is present in the employee's specimen.
34-9-412. If an employer implements a drug-free workplace program substantially in accordance with Code Section 34-9-413, the employer shall qualify for certification for a 5 percent premium discount under such employer's workers' compensation insurance policy as provided in Code Section 33-9-40.2.
34-9-413. (a) A drug-free workplace program must contain the following elements:
(1) Written policy statement as provided in Code Section 34-9-414;
(2) Substance abuse testing as provided in Code Section 34-9-415;
(3) Resources of employee assistance providers maintained in accordance with Code Section 34-9-416;
(4) Employee education as provided in Code Section 34-9-417; and
(5) Supervisor training in accordance with Code Section 34-9-418.
(b) In addition to the requirements of subsection (a) of this Code section, a drug-free workplace program must be implemented in compliance with the confidentiality standards provided in Code Section 34-9-420.

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34-9-414. (a) One time only, prior to testing, all employees and job applicants for em ployment must be given a notice of testing. In addition, all employees must be given a writ ten policy statement from the employer which contains:
(1) A general statement of the employer's policy on employee substance abuse which shall identify:
(A) The types of testing an employee or job applicant may be required to submit to, including reasonable suspicion or other basis used to determine when such testing will be required; and
(B) The actions the employer may take against an employee or job applicant on the basis of a positive confirmed test result;
(2) A statement advising an employee or job applicant of the existence of this article;
(3) A general statement concerning confidentiality;
(4) The consequences of refusing to submit to a drug test;
(5) A statement advising an employee of the Employee Assistance Program, if the em ployer offers such program, or advising the employee of the employer's resource file of assis tance programs and other persons, entities, or organizations designed to assist employees with personal or behavioral problems;
(6) A statement that an employee or job applicant who receives a positive confirmed test result may contest or explain the result to the employer within five working days after written notification of the positive test result; and
(8) A statement informing an employee of the provisions of the federal Drug-Free Workplace Act or Chapter 23 of Title 45, the 'Drug-Free Public Work Force Act of 1990,' if applicable to the employer.
(b) An employer not having a substance abuse testing program in effect on July 1, 1993, shall ensure that at least 60 days elapse between a general one-time notice to all employees that a substance abuse testing program is being implemented and the beginning of the ac tual testing. An employer having a substance abuse testing program in place prior to July 1, 1993, shall not be required to provide a 60 day notice period.
(c) An employer shall include notice of substance abuse testing on vacancy announce ments for those positions for which testing is required. A notice of the employer's substance abuse testing policy must also be posted in an appropriate and conspicuous location on the employer's premises, and copies of the policy must be made available for inspection by the employees or job applicants of the employer during regular business hours in the employer's personnel office or other suitable locations.
34-9-415. (a) All testing conducted by an employer shall be in conformity with the stan dards and procedures established in this article and all applicable rules adopted by the State Board of Workers' Compensation pursuant to this article. However, an employer shall not have a legal duty under this article to request an employee or job applicant to undergo testing.
(b) An employer is required to conduct the following types of tests in order to qualify for the workers' compensation insurance premium discounts provided under Code Section 34-9-412:
(1) An employer must require job applicants to submit to a substance abuse test after extending an offer of employment. Limited testing of job applicants by an employer shall qualify under this paragraph if such testing is conducted on the basis of reasonable classifi cations of job positions;
(2) An employer must require an employee to submit to reasonable suspicion testing;
(3) An employer must require an employee to submit to a substance abuse test if the

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test is conducted as part of a routinely scheduled employee fitness-for-duty medical exami nation that is part of the employer's established policy or that is scheduled routinely for all members of an employment classification or group;
(4) If the employee in the course of employment enters an Employee Assistance Pro gram or a rehabilitation program as the result of a positive test, the employer must require the employee to submit to a substance abuse test as a follow-up to such program. However, if an employee voluntarily entered the program, follow-up testing is not required. If followup testing is conducted, the frequency of such testing shall be at least once a year for a twoyear period after completion of the program and advance notice of the testing date shall not be given to the employee; and
(5) If the employee has caused or contributed to an on the job injury which resulted in a loss of worktime, the employer must require the employee to submit to a substance abuse test.
(c) Nothing in this Code section shall prohibit a private employer from conducting ran dom testing or other lawful testing of employees.
(d) All specimen collection and testing under this Code section shall be performed in accordance with the following procedures:
(1) A specimen shall be collected with due regard to the privacy of the individual pro viding the specimen, and in a manner reasonably calculated to prevent substitution or con tamination of the specimen;
(2) Specimen collection shall be documented, and the documentation procedures shall include:
(A) Labeling of specimen containers so as to reasonably preclude the likelihood of erro neous identification of the test results; and
(B) An opportunity for the employee or job applicant to record any information he or she considers relevant to the test, including identification of currently or recently used pre scription or nonprescription medication or other relevant medical information. The provid ing of information shall not preclude the administration of the test, but shall be taken into account in interpreting any positive confirmed results;
(3) Specimen collection, storage, and transportation to the testing site shall be per formed in a manner which will reasonably preclude specimen contamination or adulteration;
(4) Each initial and confirmation test conducted under this Code section, not including the taking or collecting of a specimen to be tested, shall be conducted by a laboratory as described in subsection (e) of this Code section;
(5) A specimen for a test may be taken or collected by any of the following persons:
(A) A physician, a physician's assistant, a registered professional nurse, a licensed prac tical nurse, a nurse practitioner, or a certified paramedic who is present at the scene of an accident for the purpose of rendering emergency medical service or treatment;
(B) A qualified person certified or employed by a laboratory certified by the National Institute on Drug Abuse, the College of American Pathologists, or the Georgia Department of Human Resources; or
(C) A qualified person certified or employed by a collection company.
(6) Within five working days after receipt of a positive confirmed test result from the laboratory, an employer shall inform an employee or job applicant in writing of such posi tive test result, the consequences of such results, and the options available to the employee or job applicant.
(7) The employer shall provide to the employee or job applicant, upon request, a copy of the test results;
(8) An initial test having a positive result must be verified by a confirmation test;

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(9) An employer who performs drug testing or specimen collection shall use chain of custody procedures to ensure proper record keeping, handling, labeling, and identification of all specimens to be tested;
(10) An employer shall pay the cost of all drug tests, initial and confirmation, which the employer requires of employees;
(11) An employee or job applicant shall pay the cost of any additional tests not required by the employer; and
(12) If testing is conducted based on reasonable suspicion, the employer shall promptly detail in writing the circumstances which formed the basis of the determination that reason able suspicion existed to warrant the testing. A copy of this documentation shall be given to the employee upon request and the original documentation shall be kept confidential by the employer pursuant to Code Section 34-9-420 and retained by the employer for at least one year.
(e) (1) No laboratory may analyze initial or confirmation drug specimens unless:
(A) The laboratory is approved by the National Institute on Drug Abuse or the College of American Pathologists;
(B) The laboratory has written procedures to ensure the chain of custody; and
(C) The laboratory follows proper quality control procedures including, but not limited to:
(i) The use of internal quality controls including the use of samples of known concen trations which are used to check the performance and calibration of testing equipment, and periodic use of blind samples for overall accuracy;
(ii) An internal review and certification process for drug test results, conducted by a person qualified to perform that function in the testing laboratory;
(iii) Security measures implemented by the testing laboratory to preclude adulteration of specimens and drug test results; and
(iv) Other necessary and proper actions taken to ensure reliable and accurate drug test results.
(2) A laboratory shall disclose to the employer a written test result report within seven working days after receipt of the sample. All laboratory reports of a substance abuse test result shall, at a minimum, state:
(A) The name and address of the laboratory which performed the test and the positive identification of the person tested;
(B) Positive results on confirmation tests only, or negative results, as applicable;
(C) A list of the drugs for which the drug analyses were conducted; and
(D) The type of tests conducted for both initial and confirmation tests and the mini mum cut-off levels of the tests.
No report shall disclose the presence or absence of any drug other than a specific drug and its metabolites listed pursuant to this article.
(3) Laboratories shall provide technical assistance to the employer, employee, or job applicant for the purpose of interpreting any positive confirmed test results which could have been caused by prescription or nonprescription medication taken by the employee or job applicant.
(f) If an initial drug test is negative, the employer may in its sole discretion seek a confirmation test. Only laboratories as described in subsection (e) of this Code section shall conduct confirmation drug tests.

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(g) All positive initial tests shall be confirmed using the gas chromatography/mass spectrometry (GC/MC) method or an equivalent or more accurate scientifically accepted meth ods approved by the National Institute on Drug Abuse as such technology becomes available in a cost-effective form.
34-9-416. (a) If an employer has an Employee Assistance Program, the employer must inform the employee of the benefits and services of the Employee Assistance Program. In addition, the employer must provide the employee with notice of the policies and proce dures regarding access to and utilization of the program.
(b) If an employer does not have an Employee Assistance Program, the employer must maintain a resource file of providers of other employee assistance including drug and alcohol abuse programs, mental health providers, and other persons, entities, or organizations avail able to assist employees with personal or behavioral problems and must notify the employee of the availability of this resource file. In addition, the employer shall post in a conspicuous place a listing of providers of employee assistance in the area.
34-9-417. An employer must provide all employees with a semi-annual education pro gram on substance abuse, in general, and its effects on the workplace, specifically. An educa tion program for a minimum of one hour should include but is not limited to the following information:
(1) The explanation of the disease model of addiction for alcohol and drugs;
(2) The effects and dangers of the commonly abused substances in the workplace; and
(3) The company's policies and procedures regarding substance abuse in the workplace and how employees who wish to obtain substance abuse treatment can do so.
34-9-418. In addition to the education program provided in Code Section 34-9-417, an employer must provide all supervisory personnel with a minimum of two hours of supervisor training, which should include but is not limited to the following information:
(1) How to recognize signs of employee substance abuse;
(2) How to document and collaborate signs of employee substance abuse; and
(3) How to refer substance abusing employees to the proper treatment providers.
34-9-419. (a) No physician-patient relationship is created between an employee or job applicant and an employer, medical review officer, or any person performing or evaluating a drug test solely by the establishment, implementation, or administration of a drug-testing program.
(b) Nothing in this article shall be construed to prevent an employer from establishing reasonable work rules related to employee possession, use, sale, or solicitation of drugs, in cluding convictions for drug related offenses, and taking action based upon a violation of any of those rules.
(c) Nothing in this article shall be construed to operate retroactively, and nothing in this article shall abrogate the right of an employer under state or federal law to conduct drug tests, or implement employee drug-testing programs; provided, however, only those programs that meet the criteria outlined in this article qualify for reduced workers' compen sation insurance premiums under Code Section 33-9-40.2.
(d) Nothing in this article shall be construed to prohibit an employer from conducting medical screening or other tests required, permitted, or not disallowed by any statute, rule, or regulation for the purpose of monitoring exposure of employees to toxic or other un healthy materials in the workplace or in the performance of job responsibilities. Such screening or tests shall be limited to the specific materials expressly identified in the stat ute, rule, or regulation, unless prior written consent of the employee is obtained for other tests.
(e) No cause of action shall arise in favor of any person based upon the failure of an employer to establish or conduct a program or policy for substance abuse testing.

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34-9-420. (a) All information, interviews, reports, statements, memoranda, and test re sults, written or otherwise, received by the employer through a substance abuse testing pro gram are confidential communications, but may be used or received in evidence, obtained in discovery, or disclosed in any civil or administrative proceeding, except as provided in sub section (d) of this Code section.
(b) Employers, laboratories, medical review officers, employee assistance programs, drug or alcohol rehabilitation programs, and their agents who receive or have access to informa tion concerning test results shall keep all information confidential. Release of such informa tion under any other circumstance shall be solely pursuant to a written consent form signed voluntarily by the person tested, unless such release is compelled by an agency of the state or a court of competent jurisdiction or unless deemed appropriate by a professional or occu pational licensing board in a related disciplinary proceeding. The consent form must contain at a minimum:
(1) The name of the person who is authorized to obtain the information;
(2) The purpose of the disclosure;
(3) The precise information to be disclosed;
(4) The duration of the consent; and
(5) The signature of the person authorizing release of the information.
(c) Information on test results shall not be released or used in any criminal proceeding against the employee or job applicant. Information released contrary to this subsection shall be inadmissible as evidence in any such criminal proceeding.
(d) Nothing contained in this article shall be construed to prohibit the employer or laboratory conducting a test from having access to employee test information when consult ing with legal counsel when the information is relevant to its defense in a civil or adminis trative matter.
34-9-421. The State Board of Workers' Compensation shall promulgate by rule or regu lation procedures and forms for the certification of employers who establish and maintain a drug-free workplace which complies with the provisions of this article. The board shall be authorized to charge a fee for the certification of a drug-free workplace program in an amount which shall approximate the administrative costs to the board of such certification. Certification of an employer shall be required for each year in which a premium discount is granted. The State Board of Workers' Compensation shall be authorized to promulgate rules and regulations necessary for the implementation of this article."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute offered by Senators Robinson of the 16th and Pollard of the 24th, the yeas were 37, nays 1, and the substitute was adopted.
The President announced that, pursuant to Senate Rule 143, consideration of HB 811 would be suspended and placed on the Senate General Calendar.
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.
Senate Sponsor: Senator Robinson of the 16th.

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1499

The following Memorandum, as required by law, was read by the Secretary:

DEPARTMENT OF AUDITS 254 Washington Street, S.W.
Room 214 Atlanta, Georgia 30334-8400

MEMORANDUM

TO:

The Honorable Bill Dover, Chairman

House Ways and Means Committee

FROM:

Claude L. Vickers, State Auditor Henry M. Huckaby, Director, Office of Planning and Budget

DATE:

March 1, 1993

SUBJECT: Fiscal Note--House Bill 536 (Substitute) (LC 15 3661S) Income Tax--Dividends Subtracted From Taxable Income

This bill clarifies provisions relating to the subtraction from taxable income of divi dends received by a corporation from certain sources outside the United States. Current law only identifies that certain dividends, "as defined in the Internal Revenue Code of 1986", may be subtracted from taxable income. This bill provides a list identifying such dividends, and seeks to ensure that the historical interpretation of the federal code continues by speci fying that the amount subtracted would not be required to have been actually received.

The clarifications provided by this bill should not have a significant impact on state revenues or expenditures.

/s/ Claude L. Vickers State Auditor

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

The Senate Committee on Finance and Public Utilities offered the following substitute to HB 536:

A BILL
To be entitled an Act to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to change certain provisions relating to the sub traction from taxable income of dividends received by a corporation from certain sources outside the United States; to provide for a job tax credit for certain business enterprises in certain areas comprised of ten or more contiguous census tracts which have been designated by the commissioner of community affairs as less developed areas; to provide for a defini tion; to provide for powers, duties, and authority of the commissioner of community affairs and the state revenue commissioner with respect to such credit; to provide for certain ad justments to such credit; to provide for transfer and continuation of such credit under cer tain circumstances; to authorize such credit to be carried forward from the close of certain taxable years; to correct an internal cross-reference in Code Section 48-7-86; to provide for applicability; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 7 of Title 48 of the Official Code of Georgia, relating to the imposi tion, rate, and computation of income taxes, is amended by striking subparagraph (b)(8)(A) of Code Section 48-7-21, relating to income taxation of corporations, and inserting in its place a new subparagraph (b)(8)(A) to read as follows:
"(A) A corporation from sources outside the United States as defined in the Internal Revenue Code of 1986. For purposes of this subparagraph, dividends received by a corpora tion from sources outside of the United States shall include amounts treated as a dividend and income deemed to have been received under provisions of the Internal Revenue Code 67

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1986 by such corporation if such amounts could have been subtracted from taxable income under this paragraph, had such amounts actually been received. Amounts to be subtracted under this subparagraph shall include the following, as defined by the Internal Revenue Code of 1985:
(i) Qualified electing fund income;
(ii) Subpart F income; and
(iii) Income attributable to an increase in United States property by a controlled for eign corporation^
The amount subtracted under this subparagraph shall be reduced by any expenses directly attributable to the dividend income; and".
Section 2. Said chapter is further amended by adding a new Code section immediately following Code Section 48-7-40, to be designated Code Section 48-7-40.1, to read as follows:
"48-7-40.1. (a) As used in this Code section, the term 'business enterprise' means any business which is engaged in manufacturing, warehousing and distribution, processing, tour ism, and research and development industries. Such term shall not include retail businesses.
(b) Not later than December 31 of each year, using the most current data available from the Department of Labor and the United States Department of Commerce, the commis sioner of community affairs shall rank and designate as less developed areas the areas which are comprised of ten or more contiguous census tracts in this state using a combination of the following factors:
(1) Highest unemployment rate for the most recent 36 month period;
(2) Lowest per capita income for the most recent 36 month period; and
(3) Highest percentage of residents whose income is below the poverty level according to the most recent data available.
(c) The commissioner of community affairs shall be authorized to include in the desig nation provided for in subsection (b) of this Code section any area comprised of ten or more contiguous census tracts which, in the opinion of the commissioner of community affairs, undergoes a sudden and severe period of economic distress caused by the closing of one or more business enterprises located in such area. No designation made pursuant to this sub section shall operate to displace or remove any other area previously designated as a less developed area.
(d) For business enterprises which plan a significant expansion in their labor forces, the commissioner of community affairs shall prescribe redesignation procedures to ensure that the business enterprises can claim credits in future years without regard to whether or not a particular area is removed from the list of less developed areas.
(e) Business enterprises in areas designated by the commissioner of community affairs as less developed areas shall be allowed a job tax credit for taxes imposed under this article equal to $2,000.00 annually for each new full-time employee job for five years beginning with years two through six after the creation of the job. The number of new full-time jobs shall be determined by comparing the monthly average number of full-time employees sub ject to Georgia income tax withholding for the taxable year with the corresponding period of the prior taxable year. Only those business enterprises that increase employment by ten or more in a less developed area shall be eligible for the credit. In addition, not less than 60 percent of such new full-time jobs must be held by a resident of the less developed area for which the credit is sought or another such designated less developed area. Credit shall not be allowed during a year if the net employment increase falls below ten. Any credit received for years prior to the year in which the net employment increase falls below ten shall not be affected. The state revenue commissioner shall adjust the credit allowed each year for net new employment fluctuations above the minimum level of ten.
(f) Tax credits for five years for the taxes imposed under this article shall be awarded

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for additional new full-time jobs created by business enterprises qualified under subsection (b) or (c) of this Code section. Additional new full-time jobs shall be determined by sub tracting the highest total employment of the business enterprise during years two through six, or whatever portion of years two through six which has been completed, from the total increased employment. The state revenue commissioner shall adjust the credit allowed in the event of employment fluctuations during the additional five years of credit.
(g) The sale, merger, acquisition, or bankruptcy of any business enterprise shall not create new eligibility in any succeeding business entity, but any unused job tax credit may be transferred and continued by any transferee of the business enterprise. The commis sioner of community affairs shall determine whether or not qualifying net increases or de creases have occurred and may require reports, promulgate regulations, and hold hearings as needed for substantiation and qualification.
(h) Any credit claimed under this Code section but not used in any taxable year may be carried forward for ten years from the close of the taxable year in which the qualified jobs were established, but the credit established by this Code section taken in any one taxable year shall be limited to an amount not greater than 50 percent of the taxpayer's state in come tax liability which is attributable to income derived from operations in this state for that taxable year."
Section 3. Said chapter is further amended by striking subsection (f) of Code Section 48-7-86, relating to penalty for failure to pay or for underpayment of income taxes, and inserting in its place a new subsection (f) to read as follows:
"(f) If any part of any underpayment of tax required to be shown on a return is due to fraud, an amount equal to 50 percent of the underpayment shall be added to the tax. This amount shall be in lieu of any amount determined under subsection {4} (e) of this Code section. If any penalty is assessed under this subsection for an underpayment of tax which is required to be shown on a return, no penalty under Code Section 48-7-57 or subsection (a) of this Code section shall be assessed with respect to the same underpayment."
Section 4. Section 1, Section 3, this section, and Section 5 of this Act shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval and Section 1 of this Act shall be applicable to all taxable years beginning on or after that date. Section 2 of this Act shall become effective January 1, 1994, and shall be applicable to all taxable years beginning on and after January 1, 1994.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

The following Memorandum, as required by law, was read by the Secretary:

DEPARTMENT OF AUDITS 254 Washington Street, S.W.
Room 214 Atlanta, Georgia 30334-8400

MEMORANDUM

TO:

The Honorable Terrell Starr

State Senator

FROM:

Claude L. Vickers, State Auditor Henry M. Huckaby, Director, Office of Planning and Budget

DATE:

March 8, 1993

SUBJECT: Fiscal Note--House Bill 536 (Substitute) (LC 18 5686S) Income Tax--Dividends Subtracted From Taxable Income and Job Tax Credit for Businesses in Less Developed Areas

This bill clarifies provisions relating to the subtraction from taxable income of divi dends received by a corporation from certain sources outside the United States. Current law

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only identifies that certain dividends, "as defined in the Internal Revenue Code of 1986", may be subtracted from taxable income. This bill provides a list identifying such dividends, and seeks to ensure that the historical interpretation of the federal code continues by speci fying that the amount subtracted would not be required to have been actually received. This bill also provides for job tax credits for certain businesses that create certain new jobs in certain less developed areas. Qualified businesses would be eligible to claim a $2,000 annual tax credit for each new full-time employee beginning with years two through six after the creation of the job.
The fiscal impact of this bill cannot be determined in the time allowed to prepare this fiscal note.

/s/ Claude L. Vickers State Auditor

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

Senator Hill of the 4th offered the following substitute to HB 536:

A BILL
To be entitled an Act to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to change certain provisions relating to the sub traction from taxable income of dividends received by a corporation from certain sources outside the United States; to create recycling manufacturer's investment tax credits for cer tain investments in real and personal property used in a recycling manufacturing facility; to provide for definitions; to provide for certain qualifications and restrictions in connection with the credits; to provide for additional job tax credits for certain business enterprises located in certain counties designated as less developed areas; to provide for a job tax credit for certain business enterprises in certain areas comprised of ten or more contiguous census tracts which have been designated by the commissioner of community affairs as less devel oped areas; to provide for a definition; to provide for powers, duties, and authority of the commissioner of community affairs and the state revenue commissioner with respect to such credit; to provide for certain adjustments to such credit; to provide for transfer and continu ation of such credit under certain circumstances; to authorize such credit to be carried for ward from the close of certain taxable years; to prohibit simultaneous qualification for more than one of certain types of tax credits; to correct an internal cross-reference in Code Sec tion 48-7-86; to provide for applicability; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 7 of Title 48 of the Official Code of Georgia, relating to the imposi tion, rate, and computation of income taxes, is amended by striking subparagraph (b)(8)(A) of Code Section 48-7-21, relating to income taxation of corporations, and inserting in its place a new subparagraph (b)(8)(A) to read as follows:
"(A) A corporation from sources outside the United States as defined in the Internal Revenue Code of 1986. For purposes of this subparagraph, dividends received by a corporation from sources outside of the United States shall include amounts treated as a dividend and income deemed to have been received under provisions of the Internal Revenue Code of 1986 by such corporation if such amounts could have been subtracted from taxable income under this paragraph, had such amounts actually been received. Amounts to be subtracted under this subparagraph shall include the following, as defined by the Internal Revenue Code of 1986:
(i) Qualified electing fund income;
(ii) Subpart F income; and
(iii) Income attributable to an increase in United States property by a controlled for eign corporation.

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The amount subtracted under this subparagraph shall be reduced by any expenses directly attributable to the dividend income; and".
Section 2. Said chapter is further amended by adding new Code Sections 48-7-21.1, 487-21.2, and 48-7-21.3, immediately following Code Section 48-7-21, to read as follows:
"48-7-21.1. (a) As used in this Code section, the term:
(1) 'Qualified investment property' means all real and personal property purchased or acquired by a taxpayer for use in the construction or expansion of a recycling manufacturing facility located or to be located in this state, including, but not limited to, amounts ex pended on land acquisition, improvements, buildings, building improvements, and recycling machinery and equipment to be used in the recycling manufacturing facility.
(2) 'Recovered materials' means those materials, including but not limited to such materials as aluminum, oil, plastic, paper, paper products, scrap metal, iron, glass, and rub ber, which have known use, reuse, or recycling potential; can be feasibly used, reused, or recycled; and have been diverted or removed from the solid waste stream for sale, use, reuse, or recycling, whether or not requiring subsequent separation and processing.
(3) 'Recycling' means any process by which material which would otherwise become solid waste are collected, separated, or processed and reused or returned to use in the form of raw materials or products.
(4) 'Recycling machinery and equipment' means all tangible personal property used, directly or indirectly, to sort, store, prepare, convert, process, fabricate, or manufacture re covered materials into finished products which are composed of at least 25 percent recov ered materials, such term including, but not being limited to, power generation and pollu tion control machinery and equipment.
(5) 'Recycling manufacturing facility' means any facility, including land, improvements to land, buildings, building improvements, and any recycling machinery and equipment used in the recycling process resulting in the manufacture of finished products from recov ered materials, provided that up to 10 percent of any building that is a component of a recycling facility may be used for office space to house support staff for the recycling operation.
(b) In the case of a corporation or person which establishes a new or expands an ex isting recycling manufacturing facility in this state, there shall be allowed a credit against the tax imposed under Code Section 48-7-21 in an amount equal to 4 percent of the cost of all qualified investment property purchased or acquired by the taxpayer in such year, sub ject to the conditions and limitations set forth in this Code section.
(c) The credit granted under subsection (b) of this Code section shall be subject to the following conditions and limitations:
(1) In order to qualify as a basis for the credit, the investment in qualified investment property must occur no sooner than January 1, 1993, and must be completed on or before December 31, 1999. The credit may be taken beginning with the tax year in which the quali fied investment property is purchased or acquired by the taxpayer. For every year in which a taxpayer claims the credit, the taxpayer shall attach a schedule to the taxpayer's Georgia income tax return which will set forth the following information, as a minimum:
(A) A description of the project;
(B) The amount of qualified investment property acquired during the taxable year;
(C) The amount of tax credit claimed for the taxable year;
(D) The amount of qualified investment property acquired in prior taxable years;
(E) Any tax credit utilized by the taxpayer in prior taxable years;
(F) The amount of tax credit carried over from prior years;
(G) The amount of tax credit utilized by the taxpayer in the current taxable year; and

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(H) The amount of tax credit to be carried over to subsequent tax years;
(2) Any credit claimed under this Code section but not used in any taxable year may be carried forward for 15 years from the close of the taxable year in which the qualified invest ment property was acquired. The credit established by this Code section taken in any one taxable year shall be limited to an amount not greater than 50 percent of the taxpayer's state income tax liability which is attributable to income derived from operations in this state for that taxable year;
(3) In the initial year in which the taxpayer claims the credit granted in subsection (b) of this Code section, the taxpayer shall include in the description of the project required by subparagraph (A) of paragraph (1) of this subsection information which demonstrates the following:
(A) The project will include the acquisition of qualified investment property having an aggregate cost in excess of $20 million; and
(B) The purchase or acquisition of the qualified investment property will result in the reasonable expectation of the creation of a minimum of 25 new permanent employee posi tions or full-time equivalent employee positions;
(4) Any lease for a period of five years or longer of any real or personal property used in a new or expanded recycling manufacturing facility which would otherwise constitute quali fied investment property shall be treated as the purchase or acquisition of qualified invest ment property by the lessee. The taxpayer may treat the full value of the leased property as qualified investment property in the taxable year in which the lease becomes binding on the lessor and the taxpayer if all other conditions of this subsection have been met; and
(5) The utilization of the credit granted in subsection (b) of this Code section shall have no effect on the taxpayer's ability to claim depreciation for tax purposes on the assets ac quired by the corporation nor shall the credit have any effect on the taxpayer's basis in such assets for the purpose of depreciation.
48-7-21.2. (a) As used in this Code section, the term:
(1) 'Qualified investment property' means all real and personal property purchased or acquired by a taxpayer for use in the construction or expansion of a recycling manufacturing facility located or to be located in this state, including, but not limited to, amounts ex pended on land acquisition, improvements, buildings, building improvements, and recycling machinery and equipment to be used in the recycling manufacturing facility.
(2) 'Recovered materials' means those materials, including but not limited to such materials as aluminum, oil, plastic, paper, paper products, scrap metal, iron, glass, and rub ber, which have known use, reuse, or recycling potential; can be feasibly used, reused, or recycled; and have been diverted or removed from the solid waste stream for sale, use, reuse, or recycling, whether or not requiring subsequent separation and processing.
(3) 'Recycling* means any process by which material which would otherwise become solid waste are collected, separated, or processed and reused or returned to use in the form of raw materials or products.
(4) 'Recycling machinery and equipment' means all tangible personal property used, directly or indirectly, to sort, store, prepare, convert, process, fabricate, or manufacture re covered materials into finished products which are composed of at least 40 percent recov ered materials, such term including, but not being limited to, power generation and pollu tion control machinery and equipment.
(5) 'Recycling manufacturing facility' means any facility, including land, improvements to land, buildings, building improvements, and any recycling machinery and equipment used in the recycling process resulting in the manufacture of finished products from recov ered materials, provided that up to 10 percent of any building that is a component of a recycling facility may be used for office space to house support staff for the recycling operation.

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(b) In the case of a corporation or person which establishes a new or expands an ex isting recycling manufacturing facility in this state, there shall be allowed a credit against the tax imposed under Code Section 48-7-21 in an amount equal to 6 percent of the cost of all qualified investment property purchased or acquired by the taxpayer in such year, sub ject to the conditions and limitations set forth in this Code section.
(c) The credit granted under subsection (b) of this Code section shall be subject to the following conditions and limitations:
(1) In order to qualify as a basis for the credit, the investment in qualified investment property must occur no sooner than January 1, 1993, and must be completed on or before December 31, 1999. The credit may be taken beginning with the tax year in which the quali fied investment property is purchased or acquired by the taxpayer. For every year in which a taxpayer claims the credit, the taxpayer shall attach a schedule to the taxpayer's Georgia income tax return which will set forth the following information, as a minimum:
(A) A description of the project;
(B) The amount of qualified investment property acquired during the taxable year;
(C) The amount of tax credit claimed for the taxable year;
(D) The amount of qualified investment property acquired in prior taxable years;
(E) Any tax credit utilized by the taxpayer in prior taxable years;
(F) The amount of tax credit carried over from prior years;
(G) The amount of tax credit utilized by the taxpayer in the current taxable year; and
(H) The amount of tax credit to be carried over to subsequent tax years;
(2) Any credit claimed under this Code section but not used in any taxable year may be carried forward for 15 years from the close of the taxable year in which the qualified invest ment property was acquired. The credit established by this Code section taken in any one taxable year shall be limited to an amount not greater than 50 percent of the taxpayer's state income tax liability which is attributable to income derived from operations in this state for that taxable year;
(3) In the initial year in which the taxpayer claims the credit granted in subsection (b) of this Code section, the taxpayer shall include in the description of the project required by subparagraph (A) of paragraph (1) of this subsection information which demonstrates the following:
(A) The project will include the acquisition of qualified investment property having an aggregate cost in excess of $35 million; and
(B) The purchase or acquisition of the qualified investment property will result in the reasonable expectation of the creation of a minimum of 50 new permanent employee posi tions or full-time equivalent employee positions;
(4) Any lease for a period of five years or longer of any real or personal property used in a new or expanded recycling manufacturing facility which would otherwise constitute quali fied investment property shall be treated as the purchase or acquisition of qualified invest ment property by the lessee. The taxpayer may treat the full value of the leased property as qualified investment property in the taxable year in which the lease becomes binding on the lessor and the taxpayer if all other conditions of this subsection have been met; and
(5) The utilization of the credit granted in subsection (b) of this Code section shall have no effect on the taxpayer's ability to claim depreciation for tax purposes on the assets ac quired by the corporation nor shall the credit have any effect on the taxpayer's basis in such assets for the purpose of depreciation.
48-7-21.3. (a) As used in this Code section, the term:
(1) 'Qualified investment property' means all real and personal property purchased or acquired by a taxpayer for use in the construction or expansion of a recycling manufacturing

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facility located or to be located in this state, including, but not limited to, amounts ex pended on land acquisition, improvements, buildings, building improvements, and recycling machinery and equipment to be used in the recycling manufacturing facility.
(2) 'Recovered materials' means those materials, including but not limited to such materials as aluminum, oil, plastic, paper, paper products, scrap metal, iron, glass, and rub ber, which have known use, reuse, or recycling potential; can be feasibly used, reused, or recycled; and have been diverted or removed from the solid waste stream for sale, use, reuse, or recycling, whether or not requiring subsequent separation and processing.
(3) 'Recycling' means any process by which materials which would otherwise become solid waste are collected, separated, or processed and reused or returned to use in the form of raw materials or products.
(4) 'Recycling machinery and equipment' means all tangible personal property used, directly or indirectly, to sort, store, prepare, convert, process, fabricate, or manufacture re covered materials into finished products which are composed of at least 75 percent recov ered materials, such term including, but not being limited to, power generation and pollu tion control machinery and equipment.
(5) 'Recycling manufacturing facility' means any facility, including land, improvements to land, buildings, building improvements, and any recycling machinery and equipment used in the recycling process resulting in the manufacture of finished products from recov ered materials, provided that up to 10 percent of any building that is a component of a recycling facility may be used for office space to house support staff for the recycling operation.
(b) In the case of a corporation or person which establishes a new or expands an ex isting recycling manufacturing facility in this state, there shall be allowed a credit against the tax imposed under Code Section 48-7-21 in an amount equal to 12.5 percent of the cost of all qualified investment property purchased or acquired by the taxpayer in such year, subject to the conditions and limitations set forth in this Code section.
(c) The credit granted under subsection (b) of this Code section shall be subject to the following conditions and limitations:
(1) In order to qualify as a basis for the credit, the investment in qualified investment property must occur no sooner than January 1, 1993, and must be completed on or before December 31, 1999. The credit may be taken beginning with the tax year in which the quali fied investment property is purchased or acquired by the taxpayer. For every year in which a taxpayer claims the credit, the taxpayer shall attach a schedule to the taxpayer's Georgia income tax return which will set forth the following information, as a minimum:
(A) A description of the project;
(B) The amount of qualified investment property acquired during the taxable year;
(C) The amount of tax credit claimed for the taxable year;
(D) The amount of qualified investment property acquired in prior taxable years;
(E) Any tax credit utilized by the taxpayer in prior taxable years;
(F) The amount of tax credit carried over from prior years;
(G) The amount of tax credit utilized by the taxpayer in the current taxable year; and
(H) The amount of tax credit to be carried over to subsequent tax years;
(2) Any credit claimed under this Code section but not used in any taxable year may be carried forward for 15 years from the close of the taxable year in which the qualified invest ment property was acquired. The credit established by this Code section taken in any one taxable year shall be limited to an amount not greater than 50 percent of the taxpayer's state income tax liability which is attributable to income derived from operations in this state for that taxable year;

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(3) In the initial year in which the taxpayer claims the credit granted in subsection (h) of this Code section, the taxpayer shall include in the description of the project required by subparagraph (A) of paragraph (1) of this subsection information which demonstrates the following:
(A) The project will include the acquisition of qualified investment property having an aggregate cost in excess of $50 million; and
(B) The purchase or acquisition of the qualified investment property will result in the reasonable expectation of the creation of a minimum of 100 new permanent employee posi tions or full-time equivalent employee positions;
(4) Any lease for a period of five years or longer of any real or personal property used in a new or expanded recycling manufacturing facility which would otherwise constitute quali fied investment property shall be treated as the purchase or acquisition of qualified invest ment property by the lessee. The taxpayer may treat the full value of the leased property as qualified investment property in the taxable year in which the lease becomes binding on the lessor and the taxpayer if all other conditions of this subsection have been met; and
(5) The utilization of the credit granted in subsection (b) of this Code section shall have no effect on the taxpayer's ability to claim depreciation for tax purposes on the assets ac quired by the corporation nor shall the credit have any effect on the taxpayer's basis in such assets for the purpose of depreciation."
Section 3. Said chapter is further amended by striking Code Section 48-7-40, relating to tax credits in counties designated as less developed areas, and inserting in its place a new Code Section 48-7-40 to read as follows:
"48-7-40. (a) As used in this Code section, the term 'business enterprise' means any business which is engaged in manufacturing, warehousing and distribution, processing, tour ism, and research and development industries. Such term shall not include retail businesses.
(b) (1) Not later than December 31 of each year, using the most current data available from the Department of Labor and the United States Department of Commerce, the com missioner of community affairs shall rank and designate as less developed areas the lower 86 121 counties in this state using a combination of the following factors:
(A) Highest unemployment rate for the most recent 36 month period;
(B) Lowest per capita income for the most recent 36 month period;
(C) Highest percentage of residents whose income is below the poverty level according to the most recent data available; and
(D) Average weekly manufacturing wage according to the most recent data available.
(2) Counties ranked and designated as the first through fortieth least developed coun ties shall be classified as tier 1 and , counties ranked and designated as the forty-first through eightieth least developed counties shall be classified as tier 2, and counties ranked and designated as the eighty-first through one hundred twenty-first least developed counties shall be classified as tier 3.
(c) The commissioner of community affairs shall be authorized to include in the tier 2 3 designation provided for in subsection (b) of this Code section any county which, in the opinion of the commissioner of community affairs, undergoes a sudden and severe period of economic distress caused by the closing of one or more business enterprises located in such county. No designation made pursuant to this subsection shall operate to displace or remove any other county previously designated as a less developed area.
(d) For business enterprises which plan a significant expansion in their labor forces, the commissioner of community affairs shall prescribe redesignation procedures to ensure that the business enterprises can claim credits in future years without regard to whether or not a particular county is removed from the list of less developed areas.

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(e) Business enterprises in counties designated by the commissioner of community af fairs as tier 1 less developed areas shall be allowed a job tax credit for taxes imposed under this article equal to $2,000.00 annually and-, business enterprises in counties designated by the commissioner of community affairs as tier 2 less developed areas shall be allowed a job tax credit for taxes imposed under this article equal to $1,000.00 annually, and business enterprises in counties designated by the commissioner of community affairs as tier 3 less developed areas shall be allowed a job tax credit for taxes imposed under this article equal to $500.00 annually for each new full-time employee job for five years beginning with years two through six after the creation of the job. The number of new full-time jobs shall be determined by comparing the monthly average number of full-time employees subject to Georgia income tax withholding for the taxable year with the corresponding period of the prior taxable year. Only those business enterprises that increase employment by ten or more in a less developed area shall be eligible for the credit. Credit shall not be allowed during a year if the net employment increase falls below ten. Any credit received for years prior to the year in which the net employment increase falls below ten shall not be affected. The state revenue commissioner shall adjust the credit allowed each year for net new employ ment fluctuations above the minimum level of ten.
(f) Tax credits for five years for the taxes imposed under this article shall be awarded for additional new full-time jobs created by business enterprises qualified under subsection (b) or (c) of this Code section. Additional new full-time jobs shall be determined by sub tracting the highest total employment of the business enterprise during years two through six, or whatever portion of years two through six which has been completed, from the total increased employment. The state revenue commissioner shall adjust the credit allowed in the event of employment fluctuations during the additional five years of credit.
(g) The sale, merger, acquisition, or bankruptcy of any business enterprise shall not create new eligibility in any succeeding business entity, but any unused job tax credit may be transferred and continued by any transferee of the business enterprise. The commis sioner of community affairs shall determine whether or not qualifying net increases or de creases have occurred and may require reports, promulgate regulations, and hold hearings as needed for substantiation and qualification.
(h) Any credit claimed under this Code section but not used in any taxable year may be carried forward for ten years from the close of the taxable year in which the qualified jobs were established, but the credit established by this Code section taken in any one taxable year shall be limited to an amount not greater than 50 percent of the taxpayer's state in come tax liability which is attributable to income derived from operations in this state for that taxable year.
(i) Notwithstanding any provision of this Code section to the contrary, in counties des ignated as tier 1 counties, job tax credits shall be allowed as provided in this Code section, in addition to business enterprises, to any business of any nature for jobs created from January 1, 1993, through December 31, 1997."
Section 4. Said chapter is further amended by adding two new Code sections immedi ately following Code Section 48-7-40, to be designated Code Sections 48-7-40.1 and 48-740.2, to read as follows:
"48-7-40.1. (a) As used in this Code section, the term 'business enterprise' means any business which is engaged in manufacturing, warehousing and distribution, processing, tour ism, and research and development industries. Such term shall not include retail businesses.
(b) Not later than December 31 of each year, using the most current data available from the Department of Labor and the United States Department of Commerce, the commis sioner of community affairs shall rank and designate as less developed areas the areas which are comprised of ten or more contiguous census tracts in this state which together rank at or below the fortieth less developed county using a combination of the following factors:
(1) Highest unemployment rate for the most recent 36 month period;
(2) Lowest per capita income for the most recent 36 month period;

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(3) Highest percentage of residents whose income is below the poverty level according to the most recent data available.
(c) The commissioner of community affairs shall be authorized to include in the desig nation provided for in subsection (b) of this Code section any area comprised of ten or more contiguous census tracts which, in the opinion of the commissioner of community affairs, undergoes a sudden and severe period of economic distress caused by the closing of one or more business enterprises located in such area. No designation made pursuant to this sub section shall operate to displace or remove any other area previously designated as a less developed area.
(d) For business enterprises which plan a significant expansion in their labor forces, the commissioner of community affairs shall prescribe redesignation procedures to ensure that the business enterprises can claim credits in future years without regard to whether or not a particular area is removed from the list of less developed areas.
(e) Business enterprises in areas designated by the commissioner of community affairs as less developed areas shall be allowed a job tax credit for taxes imposed under this article equal to $2,000.00 annually for each new full-time employee job for five years beginning with years two through six after the creation of the job. The number of new full-time jobs shall be determined by comparing the monthly average number of full-time employees sub ject to Georgia income tax withholding for the taxable year with the corresponding period of the prior taxable year. Only those business enterprises that increase employment by ten or more in a less developed area shall be eligible for the credit. In addition, not less than 60 percent of such new full-time jobs must be held by a resident of the less developed area for which the credit is sought or another such designated less developed area. Credit shall not be allowed during a year if the net employment increase falls below ten. Any credit received for years prior to the year in which the net employment increase falls below ten shall not be affected. The state revenue commissioner shall adjust the credit allowed each year for net new employment fluctuations above the minimum level of ten.
(f) Tax credits for five years for the taxes imposed under this article shall be awarded for additional new full-time jobs created by business enterprises qualified under subsection (b) or (c) of this Code section. Additional new full-time jobs shall be determined by sub tracting the highest total employment of the business enterprise during years two through six, or whatever portion of years two through six which has been completed, from the total increased employment. The state revenue commissioner shall adjust the credit allowed in the event of employment fluctuations during the additional five years of credit.
(g) The sale, merger, acquisition, or bankruptcy of any business enterprise shall not create new eligibility in any succeeding business entity, but any unused job tax credit may be transferred and continued by any transferee of the business enterprise. The commis sioner of community affairs shall determine whether or not qualifying net increases or de creases have occurred and may require reports, promulgate regulations, and hold hearings as needed for substantiation and qualification.
(h) Any credit claimed under this Code section but not used in any taxable year may be carried forward for ten years from the close of the taxable year in which the qualified jobs were established, but the credit established by this Code section taken in any one taxable year shall be limited to an amount not greater than 50 percent of the taxpayer's state in come tax liability which is attributable to income derived from operations in this state for that taxable year.
48-7-40.2. No taxpayer shall be authorized to simultaneously claim on a tax return for a tax year more than one of the tax credits provided by any of the following:
(1) Code Section 48-7-21.1;
(2) Code Section 48-7-21.2;
(3) Code Section 48-7-21.3;
(4) Code Section 48-7-40; or

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(5) Code Section 48-7-40.1."
Section 5. Said chapter is further amended by striking subsection (f) of Code Section48-7-86, relating to penalty for failure to pay or for underpayment of income taxes, and inserting in its place a new subsection (f) to read as follows:
"(f) If any part of any underpayment of tax required to be shown on a return is due to fraud, an amount equal to 50 percent of the underpayment shall be added to the tax. This amount shall be in lieu of any amount determined under subsection {ety (e) of this Code section. If any penalty is assessed under this subsection for an underpayment of tax which is required to be shown on a return, no penalty under Code Section 48-7-57 or subsection (a) of this Code section shall be assessed with respect to the same underpayment."
Section 6. Section 1, Section 2, Section 3, Section 5, this section, and Section 7, of this Act shall become effective upon the approval of this Act by the Governor or upon its becom ing law without such approval and Section 1 of this Act shall be applicable to all taxable years beginning on or after that date. Section 2 of this Act shall be applicable to all taxable years beginning on or after January 1, 1993. Section 3 and Section 4 of this Act shall become effective January 1, 1994, and shall be applicable to all taxable years beginning on and after January 1, 1994.
Section 7. All laws and parts of laws in conflict with this Act are repealed.

The following Memorandum, as required by law, was read by the Secretary:

DEPARTMENT OF AUDITS 254 Washington Street, S.W.
Room 214 Atlanta, Georgia 30334-8400

MEMORANDUM

TO:

The Honorable Jack Hill

State Senator

FROM:

Claude L. Vickers, State Auditor Henry M. Huckaby, Director, Office of Planning and Budget

DATE:

March 15, 1993

SUBJECT:

Fiscal Note--House Bill 536 (Substitute) (LC 18 5752-S) Income Tax--Dividends Subtracted From Taxable Income, Investment Tax Credit for Recycling Manufacturing Facilities, Job Tax Credits for Busi nesses in Less Developed Areas

This bill clarifies provisions relating to the subtraction from taxable income of divi dends received by a corporation from certain sources outside the United States. Current law only identifies that certain dividends, "as defined in the Internal Revenue Code of 1986", may be subtracted from taxable income. This bill provides a list identifying such dividends, and seeks to ensure that the historical interpretation of the federal code continues by speci fying that the amount subtracted would not be required to have been actually received.

This bill also provides an investment tax credit for certain corporations that establish or expand a recycling manufacturing facility within the state. Certain corporations would receive a credit ranging from 4 percent to 12.5 percent of the cost incurred for purchasing or acquiring property, plant, and recycling machinery and equipment during the tax year. The tax credit available to the corporations would depend on the corporation's total investment and the number of jobs created.

Furthermore, this bill provides for additional job tax credits for certain businesses that create certain new jobs in certain less developed areas. Qualified businesses would be eligible to claim an annual tax credit for each new full-time employee beginning with years two through six after the creation of the job. The amount of the tax credit would range from

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$500 to $2,000 for each employee. Currently, job tax credits are available to businesses that create jobs in the 80 least developed counties of the state.
The clarifications provided by this bill would have no impact on state revenues or ex penditures. The fiscal impact of the investment and job tax credits cannot be determined in the time allowed to prepare this fiscal note.

/s/ Claude L. Vickers State Auditor

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

Senator Hill of the 4th asked unanimous consent that his substitute to HB 536 be with drawn; the consent was granted, and the substitute was withdrawn.

On the adoption of the substitute offered by the Senate Committee on Finance and Public Utilities, 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 Clay Coleman Crotts Dawkins Dean Edge

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

Those not voting were Senators:

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

Day Gochenour

Harbison (excused) Newbill

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.

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The following local bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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.
The House substitute to SB 298 was as follows:
A BILL
To be entitled an Act to amend an Act providing for districts for the election of the Board of Education of Gwinnett County, approved April 7, 1972 (Ga. L. 1972, p. 4058), as amended, particularly by an Act approved March 15, 1988 (Ga. L. 1988, p. 3962), so as to increase the salary for the members of the board of education; to provide a maximum monthly allowance for expenses within the county; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing for districts for the election of the Board of Education of Gwinnett County, approved April 7, 1972 (Ga. L. 1972, p. 4058), as amended, particularly by an Act approved March 15, 1988 (Ga. L. 1988, p. 3962), is amended by striking in its en tirety Section 2 and inserting in its place a new section to read as follows:
"Section 2. Each member of the Board of Education of Gwinnett County shall be com pensated in the amount of $450.00 per month until December 31, 1994, and $750.00 per month effective January 1, 1995, and thereafter. In addition, each member of the board of education shall receive an expense allowance for documented actual and necessary expenses incurred in the performance of the member's duties within the county, not to exceed $150.00 monthly, and reimbursement for documented actual and necessary expenses in curred in the performance of the member's duties outside the county in such amount as shall be authorized by a majority vote of the board of education. Records of such documen tation shall be kept on file at the office of the board of education for such reasonable period of time as shall be established by the board of education."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Balfour of the 9th moved that the Senate disagree to the House substitute to SB 298.
On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 298.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
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.
Senate Sponsor: Senator Walker of the 22nd.

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The Senate Committee on Health and Human Services offered the following substitute to HB 100:
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 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, mental retardation, and subatancc 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

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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 iris 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 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 Constitution 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 certain disability services not provided by other public or private providers under contract with the regional board.
(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.

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(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;
(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.

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(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;
(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 boarda 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

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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 are is directed to prescribe rules of practice and procedure in order to implement this chapter. The department and all county boards of health , the division, and the regional boards are directed to make soek 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 shall be adopted after due notice to and hearing by persons and parties affected thereby, and such 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 rcgu lar business hours, pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Proce dure Act.' The agency adopting such rules and regulations shall make copica thereof avaiTa~ blc for distribution to persona interested in of affected thereby. Such agencies arc olae authorized to providc for the mimeographing, printing, or other reproduction of their rcgu lationa and the distribution thereof. No rule or regulation shall become effective as law until 80 daya after ita adoption except in cases of emergencies constituting an imminent throat to the public in which event such rules or regulations shall become effective upon adoption, but in all auch cases the agency adopting aamc shall as a port thereof state the conditions found by it to justify such immediate effectiveness. Where deemed desirable by the agency,

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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 acction. A hearing ahall also be required with respect to any and all quasi judicial action and in any other proceeding required by this title or the Constitution 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 is required or afforded, notice thereof as provided in thia Code section ahall be given in person or by rcgiatcrcd or certified mail to all interested parties, provided, however, in proceedings in which the number of interested parties is ao numerous aa to make individual notice impracticable, notice shall be given by publication or by such other means rcnaonably calculated to afford actual notice as may be prescribed by the agency or person conducting such hearing. All notices ahall atatc. (1) the time and place of hearing and nature thereof, and (2) the matters of fact and law naacrtcd, and must be given at least five days before the day act for hearing unless the agency determines that an immi nent threat to the public health exists which requires shorter notice.
(c) All intcrcatcd parties at such hearings shall have, upon request, compulsory pr-occaa as provided in Code Section 87 1 62 and shall have the right to adduce evidence and eonduct croaa examination of all adverse witnesses. Any member of the department or of a county board of health, aa the case may be, their authorized officials or agcnta, or any attor- ncy at law may administer oaths to all witnesses. No witness shall be abused while under examination or required to incriminate himaclf. Where poaaiblc, all evidence and proceed ings ahall be reported.
{d) (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 ia authorized and empowered to direct its director or the director's appointee to eonduct hearings, issue compulsory process, administer oaths, and aubmit hia findinga and rec ommendations to the county board of health. In both of such casca, the examiner and dircctor or the director's appointee shall make the report available to all interested portico, and such parties arc pcr-mittcd 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 is 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 pcraon who io a party to a proceeding and who ia aggrieved or adversely affected by any final order or action of the department may have review thereof by appeal to the superior court in the county in which the action arose or to the Superior Court of Fulton County.
(2) Appeals to the department ahall be heard by it at 3uch time, after not leaa than ten days' notice to all parties, as may be prescribed by its rules, provided, however, that, if such appeal is not heard and determined within a period of 00 dayo, the decision ahall stand reversed unless all parties eonacnt 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 boards of health or other agencies of the department shall not be act aside on appeal to the department unless con trary to law or rules and regulations of the department, unsupported by substantial evi dence on the Tccord as a whole, or unreasonable.
(3) Appeal to the superior court ahall be by petition which shall be filed in the clerk's office of such court within 30 daya after the final order or action of the department, the

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petition ahall set forth the names of the parties taking the appeal, the order, rule, regula tion, or decision appealed from, and the rcaaon it is claimed to be erroneous. The enforce ment of the order or action appealed from ahall not be stayed until and unless ao ordered and directed by the reviewing court. Upon the filing of such petition, the petitioner shall acrvc on the commissioner a copy thereof in a manner prcaeribcd by law for the service of process unless auch service of process ia waived. The judge shall hear the proceeding dc novo and thereupon determine all matters of law and fact with or without a jury, in the diacrction of the appealing party, and render hia decision approving, setting aaidc, or modifying the order of action appealed from.
(b) Upon perfection of the appeal aa provided in aubaection (a) of this Code section it shall be the duty of the agency whose order, rule, regulation, or decision is under review by the department to cause a transcript of all pleadings, orders, evidence, and other proceed ings including a copy of the appeal and motion for reconsideration, if any, filed with it to be transmitted to the department or the superior court in not more than 30 days. Fo-^the proceedings not reported, the agency or the department ahall cauac to be written out a Bamtttve transcript of all evidence and proceedings before it under certificate of ita director or examiner or other official conducting aueh hearings. Reserved.
37-1-52. (a) The testimony of any witnesses or the production of any books, papers, 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 process.
(b) This Code section shall apply to all proceedings under this 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 this state 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 auch records to furnish and certify copies of the record or other evi dcncc upon payment of reasonable costs therefor. Nothing in this Code section ahall 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 arc 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, Chapter 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 his the commissioner's delegate or the director of any county board of health, in addition to other procedures now or hereafter provided, may

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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 01 their agents 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 boarda of health are 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 ease may be, in the county in which a violation of any provision of this title occurs. For purposes of thia 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, aa 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 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 deportment 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 Department of Human Resources and the county boards of health 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.

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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 certain public disability services not provided by other public or private providers under contract with the regional board.
(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 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 37-2-4.1T
{8} (9) 'Substance abuse' means the abuse of, addiction to, or dependence upon alcohol, narcotics, 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 certain disability services. For the period through June 30, 1995, and thereafter as the division deems appropriate, the bounda" ries for the areas and the operation of community service boards shall be the same bounda~ ries as the Community Mental Health, Mental Retardation, and Substance Abuse Services Areas which were in effect as of July 1, 1993. After July 1, 1995, the division, with input

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from the regional boards, shall consider requests from a county or group of counties for recommended changes to the boundaries of the community service boards.
(c) To the extent practicable, the Community Mental Health, Mental Retardation, and Substance Abuac Service Areaa 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 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 gtride anet-aaaiat the area councils and hospital councils provide guidance and assistance to the regional boards, hospitals, community service board?, and other private or public providers in the performance of their duties.
(c) There shall be created in each of the areas established under Code Section 37 2 8 an Area Mental Health, Mental Retardation, and Substance Abuse Advisory Council, referred to in this chapter aa the 'area council,' which shall consist of no more than 30 and no less than 16 members and whose membership shall be composed of individuals who reside in the area and who as a group represent the rcaidcnts of the area, taking into consideration their employment, age, sex, place of rcaidcnce, and other demographic characteristics of the area and whoac membership shall further be fairly representative of all disability groups. The area council shall be appointed by the director subject to the approval of the Governor's council, which approval shall be evidenced by written certification by the Govcrnor'a coun cil. Appointments ahall be made from individuals nominated by the district health director or the dcsigncc of the director of the division, which nomineca 3hall reflect thoac criteria act out in this aubacction.
(d) The term of each member of the area council ahall be for three ycara, provided that of the members firat appointed, ten shall be appointed for a term of one year, five for a term of two ycara, and the remainder, if any, for a term of three ycara. Vacancies shall be filled by oimilar appointmcnta for unexpired terms.

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(c) The area council ahull have the following powers and duties.
(1) To review and comment on the area plana required under Code Section 37 2 6, giv ing particular emphasis to assuring that all typca of disability, as defined in paragraph (4) of Code Section 37-2-2, arc adequately addrcaacd and that the plan realistically conoidcrs fi nancial support relative to the current program as well aa long term development,
(2) To submit to the Governor'8 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 residents. Such meetings shall be conducted in accor dance with rulca and procedures adopted by the area council to the extent that the director has not promulgated rules in conflict therewith,
(4) To submit annual rcporta to the county boards of health, the division, the Gover nor'8 council, and such other agcncica 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, asaociationa, or agencies involved with the delivery or receipt of disability services and, if deemed appropriate, to make recommendations to the county boarda of health in the area and, if unable to rcaolvc 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 awareness of available disability services, and
(8) To visit regularly disability services facilities 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 community based disability services in the area, the hospital council the sole advisory coun cil for hospital based disability services in that area, and the Governor's council the sole auch state wide council.
(g) Funding and staff support for each area council shall be provided from the division's disability acrviccs program for that area.
37-2-4.1 (a) There shall be created within each hospital a Hospital Mental Health, Mental Retardation, and Substance Abuse Advisory Council, referred to in this chapter as a 'hospital council,' which shall consist of not leas than ten nor more than 20 members. The membership of each hospital council shall be composed of individuals residing within the hospital's area of operation and who as 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 whose membership shall further be fairly representative of all disability groups. The hospital 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 Governor's council. Appointments to a hospital council shall be made from indi viduals nominated by the superintendent of that hospital, or the dcsigncc of that aupcrin tcndcnt, which nominees shall reflect those criteria set 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.

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(c) A hospital council shall have the following powers and duties.
(1) To review and comment on those aspects of the state plan relating to hospital disa bility services, as 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 considcrs financial support relative to the current program as well as long term development,
(2) To submit to the Governor's council a written evaluation of the state plan reviewed and commented on under paragraph (1) of this subsection within three months after receipt
(8) To hold meetings at least quarterly, which mcctinga shall be publicized in advance to encourage the attendance of residents of the area served by the hospital. 8ueh meetings shall be conducted in accordance with rules and proccdurca adopted by the hoapital 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 area, 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 as the representative of the citizens of the area served by the hoapital in regard to hospital disability services,
(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 in that hoapital 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 awareness of available hoapital diaa bility services, and
(8) To assure effective cooperation and coordination between the hospital and commu nity disability services.
(d) Funding and staff support for each hospital council shall be provided from that hoapital'a 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 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 Unites 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 itsregion 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 action!
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 subsection (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 aix months in advance of the date aueh biennial plans arc to be submitted and ahall assist the county boards of health in preparation of the plans.

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(b) 8uch plans shall include, by way of illustration without limitation, the following.
(1) An estimate categorized by age group of the number of citizens residing in the area who require disability services as defined in Code Section 37-2-7,
(2) A description of all physical facilities, both governmental and private, which are available or which should be developed to provide adequate disability services in the area,
(3) An analysis of present physical facilities, both governmental and private, in the area which might be converted to diaability services facilities,
(4) An analysis of the availability within the ofca of professional and other staff person nel trained in providing disability services,
(4.1) A roster of cxiating professional and other staff pcraonncl currently providing disa bility services in the area,
(6) A proposed ataff roster of professional, technical, and other cmploycca who should be hired to provide necessary diaability 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 services set forth in subsection (b) of Code Section 37 2-7,
(7) An analysis of the opportunities for coordination of diaability scrvicca with other agencies and organizations as provided in Code Section 37-2-0,
(8) A statement of the means by which the area council created in Code Section 37-2-4 will be provided with staff assistance and by which its operating expenses will be defrayed,
ftftt
(0) A detailed financial plan showing the costs of providing necessary disability services and all sources of revenue.
(e) 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, ahall explain the considerations resulting in the modification.
(a) Each regional board shall establish policy and direction for disability services planningT 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 according to the Unites States de cennial census of 1990 or any future such census shall appoint one member to the board;
(2) Each county with a population of more than 50,000 according to the United States decennial census of 1990 or any future such census shall appoint one member for each popu lation increment of 50,000 or any portion thereof;
(3) The appointment or appointments for each county shall be made by the county governing authority; ami
(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 bus nesspeison 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 disabiP ity services.
(b.l) A county governing authority may appoint the school superintendent, a member

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of the 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
(b.2) A member of the community services board may not also serve as a member of the regional board or be an employee or board member of any private or public group, organiza tion, or service provider which contracts with or receives funds from the regional or commu nity services boards.
(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 termlT 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 at least approximately one-half 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 re gional board 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 re gional 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 not to exceed the per diem allowed legislative members of interim study committees of the General Assembly and the same mileage allowance for use of a personal car as that received by all other state officials and employees or a travel allow ance of actual transportation cost if traveling by public carrierT

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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 division. 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 both7and 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 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

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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 efforts 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;
(1) 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;
(2) To provide, as funds become available, for client assessment and service authoriza tion and 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 to the mental health, mental retardation, substance abuse, and other disability services;
(5) To make contracts with any hospital, community service board, or other public or

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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, through processes which may include impartial mediation and alternate dispute resolution, of such complaints and grievances with the ap propriate 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 orcler 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 Merit 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 federal 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; anH
(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?
(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.

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(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 lease 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 yearsT
37-2-6. Institutions under the jurisdiction and control of the division shall 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 provision of disability services in the Com' munity Mental Health, Mental Retardation, and Substance Abuac Service Areas. Such agrccmcnta ahull include reducing unnecessary hospitalization in state institutions and shall cstabliah adminiatration and evaluation criteria and methods for achieving such reductions.
(a) There shall be created community mental health, mental retardation, and substance abuse service~"6oards, 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 certain disability services not provided by other public or private providers under contract with the regional board. The programs shall be governed by the community service boards, which shall be established as public agencies.
(b) Each community service board shall consist of members appointed by the county governing authorities from nominations by the boards of health of the counties within the boundaries of the community service board. Membership on such community service board shall be determined as follows:
(1) Each county with a population of 50,000 or less according to the United States de cennial census of 1990 or any future such census shall appoint one member to the board;
(2) Each county with a population of more than 50,000 according to the United States decennial census of 1990 or any future such census shall appoint one member for each popu lation 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 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 and capably represented on the community service board,

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and in making nominations for such appointments the board of health shall consider sugges tions from clinical professional associations as well as advocacy groups, including but not limited to the Georgia Mental Health Consumer Network, the Georgia Parent Support Net work, the Georgia Alliance for the Mentally 111, the Association for Retarded Citizens, the Mental Health Association of Georgia, the American Association of Retired Persons, Georgi ans for Children, 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) 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 prop erty agreements, other duties, rights, and benefits of such service area, or the county board of health involved in administering programs in such area, unless continued by the current service providers, shall automatically become duties, obligations, rights, and benefits of its respective successor community service board or other successor entityT
(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 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, ancf 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

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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 paragraph (2) of subsection (e) oFthis 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 included 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 section by passage of a resolution by a majority of the county governing authori ties 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 program~director, and other necessary staff, adopting an annual budget, and securing appropri ate facilities, sites, and professionals necessary for the provision of disability servicesT
(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; providedT 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, as otherwise required under Georgia law;
(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 DepartmeniTbf Administrative Services, the State Merit System of Personnel Administration, the state auditor, or any other agency of state, local, or federal government;
(5) Each community service board may provide, either independently or through contract~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 purcliase of insurance or otherwise, but medical and hpspitalization benefits may only be 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;

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(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 ~ot disability services; provided, however, that such contract and fees shall be in compli ance with guidelines established by the division and the regional board; and
(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 and, if classified, members of the State Merit System of Personnel Administration. Each person thus deemed to be a state employee shall continue to be employed by the entity which is authorized or required on 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 resigns, 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 Personnel Administration. Any such 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
(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 and functions for a community service board, those employees shall remain employees of the state and shall

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continue to retain all of the employment benefits provided by the state although the depart ment may delegate the control and supervision of such 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 options; retirement or pension bene fits; federal old age and survivors' insurance; sick, annual, and holiday leave; and coverage under the state merit system. This subsection is intended 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 area disability services plans submitted by the county bourda regional boards as required by Code Section 37-2-6 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 state 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 hours includ ing diagnostic and evaluation services,
(2) Day and other partial hospitalization programs which arc structured treatment scr vices which provide alternatives to residential services 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
(4) Residential services which arc hospital inpaticnt units, 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 services alone arc not appropriate or feasible,
(6) Emergency services which arc crisis 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 service agencies, and other appropriate individuals or agencies,
(7) Education services to publicize the availability of disability acrvicca and to provide workshops and other forumg for the promotion of health,
(8) Training services to increase the skills of cmploycca 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 state 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

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regional boards taking into account all financial data supplied pursuant to paragraph (0) of subsection (b) of Code Scctioa-8?-a-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, the hospitals, the community service boards, and any other public or private provider re questing a copy of the plan.
(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 setvices. 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 0? 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 services 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 67 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 boarda 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 and other public or private providers to develop an appropriate mechanism for acT counting for the funds and resources contributed to local disability services by counties ami municipalities within the area. Such contributions are not required to be submitted to either the community service board or the regional board; however, appropriate documentation

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and accounting entries shall make certain that the county or municipality is credited, and if necessary compensated, appropriately 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.
37-2-11.1. (a) The department may develop and establish a minor child drug screening program in each county of the state which shall be operated by each county board of health and which shall conatitutc disability services within the meaning of this chapter. The pro gram ohall include standardo and procedure 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 presence of drugs, of any such child whom that parent or guardian suspects of using or experimenting with drugs. The program ahall also include safeguards to cnaurc the eonfi dcntiality of the screening results 80 that only the requesting 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 ouch laboratory operated by the department of a county board of health, may conduct such screening testa. The program ahull alao provide for appropriate referrals of such parents and guardians to public or private organizations for counseling concerning drug abuse. This may include making available a list of local or nearby referral resources. This list should include acute detoxification or psychiatric resources, outpatient resources, longer term inpaticnt and away from home resources, and self help and other resources. The department shall also establish a fee schedule, based on income, for the tests provided pursuant to thia Code section, which schedule shall be designed to ensure that the total fcco generated by the program rcaoonably approximate the direct and indirect ex pcnscs of such program ao 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'a 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 a reduced charge as long as no state funda arc required therefor. Nothing in thia Code ocction shall be conatrucd 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 parents 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 and shall have the same immunity as provided for counties. 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.

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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 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) P^cords 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, -H)93 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 Resources community service board or other appropriate public provider."
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 mental health center for a court ordered evaluation of a person located within that county who is alleged by such application to be a mentally ill person requiring involuntary treatment. Upon the filing of such application, the county board of health com munity mental health center 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 peti tion with the court in the county where the patient is located seeking an involuntary admis sion for evaluation; 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

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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 mental health center, 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 mental health center 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 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 mental retardation program, 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 mental retardation program is satisfied that the client can be transported safely by family members or friends, such private transportation shall be en couraged 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 center' means an organized program for the care and treatment of alcoholics, drug dependent individuals, or drug abusers operated by a county board of health or a similar auch program recognized by a county board of health or the Department of Human Resources and shall include ambulatory day detoxification centers, mcthadonc treatment centers, and drug counseling centers community service board or other appropriate public provider."

TUESDAY, MARCH 16, 1993

1539

Section 17.8. Said chapter is further amended by striking paragraph (1) of Code Section 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 mental health center for a court ordered evaluation of a person located within that county who is alleged by such application to be an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment. Upon the filing of such appli cation, the county board of health community mental health center shall make a prelimi nary 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 mental health center, 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 mental health center 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, 1993 1994."
Section 18.1. Nothing in this Act shall be construed to repeal any provision of Chapter 5 of Title 37 of the Official Code of Georgia Annotated, the "Community Services Act for the Mentally Retarded."
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 agree to serve as the lead county board of health for only that county 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.
Senators Clay of the 37th, Edge of the 28th, Balfour of the 9th and Gochenour of the 27th offered the following amendment:
Amend the substitute to HB 100 offered by the Senate Committee on Health and Human Services by striking at page 53, line 14, Section 37-2-6.2 in its entirety, running to page 55, line 8, and renumbering each subsequent subsection accordingly.

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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

Day

Boshears

Edge

Broun of 46th

Egan

Langford of 29th Madden Newbm

^rton Coleman Crotts Dawkins

Farrow Glanton Isakson Kemp

Ragan of 32nd Ralston Starr Tysinger

Those voting in the negative were Senators:

Abernathy Alien Baugh Blitch 7B-> owen Brown of 26th Cheeks
Dean
Gillis

Henson Muggins Langford of 35th Marable Mid1 d11let, on Oliver Parrish
Perdue
Pollard

Ragan of llth Ray Robinson ~ Q] . OCOtt blotm Thomas
Turner
Walker

Those not voting were Senators:

Garner Gochenour Harbison (excused)

Hemmer Hill Hooks

Taylor Thompson

On the adoption of the amendment, the yeas were 22, nays 26, and the amendment was lost.

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

The report of the committee, which was favorable to the passage of the 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 Hemmer Henson Hill HHouogkgsins
Isakson
Kemp
Langford of 35th Langford of 29th Madden Marable
Middleton Newbill

Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralat/m "alStOD Rf, o8^b.'nson
S=ott
slotm
Starr Thomas Thompson Turner
Tysinger Walker

TUESDAY, MARCH 16, 1993

1541

Those not voting were Senators:

Gochenour

Harbison (excused)

Taylor

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

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.
Senator Dawkins of the 45th moved that the Senate insist upon the Senate substitute to HB 259.

On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 259.

The following bills of the Senate were taken up for the purpose of considering the House amendments thereto:

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 House amendment was as follows:

Amend SB 90 by adding at the end of line 24, page 3, the following:
"Notwithstanding any other provision of this paragraph to the contrary, said rebuttable presumption shall be overcome if the owner of said vehicle states, under oath, in open court, that he or she was not the operator of the vehicle at the time the alleged offense occurred."
Senator Coleman of the 1st moved that the Senate agree to the House amendment to SB 90.

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 Hemmer

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

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Oliver Parrish PPoerlldaured
Ragan of llth Ragan of 32nd

Ralston Ray RScoobtitnson
Slotin Starr

Thomas Thompson ,,Turner
Tysmger Walker

Voting in the negative was Senator Glanton.

Not voting were Senators Harbison (excused) and Taylor.

On the motion, the yeas were 53, nays 1; the motion prevailed, and the Senate agreed to the House amendment to SB 90.

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.

The House amendment was as follows:

Amend SB 91 by adding on line 11 of page 3 after the period and before the word "The" the following sentences which read as follows:
"In the prosecution of an offense, proof that the vehicle was operated in violation of this Tection, together with proof that the defendant was at the time of such violation the registered owner of the vehicle, shall constitute in evidence a rebuttable presumption that such registered owner of the vehicle was the person who committed the violation. Such pre sumption shall be rebutted if the registered owner of the vehicle testifies in open court under oath that he was not the operator of the vehicle at the time of the violation.''

Senator Coleman of the 1st moved that the Senate agree to the House amendment to SB 91.

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 Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Day Dean Edge Egan

Farrow Garner Gillis Glanton Gochenour 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 Taylor Thomas Thompson Turner Tysinger Walker

TUESDAY, MARCH 16, 1993

1543

Those not voting were Senators:

Blitch Dawkins

Harbison (excused) Hill

Robinson

On the motion, the yeas were 51, nays 0; the motion prevailed and the Senate agreed to the House amendment to SB 91.

The following bill of the Sensate was taken up for the purpose of considering the House amendments thereto:

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 House amendments were as follows:

Amendment No. 1:

Amend SB 92 by adding on page 4, line 23, the following:
"The owner of any motor vehicle so removed shall upon payment of towing and storage fees recover said motor vehicle upon a showing of proof of ownership. Proof of ownership shall include but not be limited to a motor vehicle title, a rental receipt, tag receipt or other such form of ownership. In the event that proof of ownership is located within the towed vehicle the owner or agent shall be allowed access to said vehicle to prove such ownership."

Amendment No. 2:

Amend SB 92 by adding Section 5, as follows:
"No owner of such a vehicle shall be charged a towing charge of more than 50 dollars or a storage charge of more than 30 dollars a day."

Senator Coleman of the 1st moved that the Senate disagree to the House amendments to SB 92.

On the motion, the yeas were 43, nays 1; the motion prevailed, and the Senate disagreed to the House amendments to SB 92.

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

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 projects for the widening of Cleveland Avenue and Jonesboro Road in the City of Atlanta.

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

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

Those voting in the affirmative were Senators:

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 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 Walker

Those not voting were Senators:

Blitch Dawkins

Harbison (excused) Langford of 35th

Perdue

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 resolution and bills of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:

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.

Senator Glanton of the 34th offered the following amendment:

Amend SR 217 by striking the period at the end of line 13 of page 1 and inserting in lieu thereof "; and" and by adding between lines 13 and 14 the following:
"WHEREAS, the state has become progressively more involved in providing state fund ing for school counselors; and
WHEREAS, the education system of this state would benefit from a comprehensive study of the need for school counselors; and
WHEREAS, the education system would further benefit from a comprehensive study of the continuing education requirements for counselors, and certification requirements for school counselors."
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 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:

TUESDAY, MARCH 16, 1993

1545

Those voting in the affirmative were Senators:

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

Garner Gillis Glanton Gochenour 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 Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Broun of 46th Dawkins Farrow

Harbison (excused) Langford of 35th

Parrish Perdue

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

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

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 contested 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 49-4-153 of the Official Code of Georgia Annotated, relating to adminis trative 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.
Senate Sponsor: Senator Henson of the 55th.

Senator Walker of the 22nd offered the following substitute to HB 322:

A BILL
To be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide that hearing officers in certain contested cases involving licenses of facilities shall be from the Department of Administrative Services; to provide for hearings in actions or proceedings required by the Department of Human Resources; to amend Code Section 49-4-153 of the Official Code of Georgia Annotated, relating to admin istrative hearings and appeals under the Department of Medical Assistance, so as to provide that certain hearings in contested cases shall be conducted as provided in Code Section 312-6, relating to actions or licenses regulated by the Department of Human Resources; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 31 of the Official Code of Georgia Annotated, relating to health, is

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amended by striking subsection (1) of Code Section 31-2-6, relating to actions or licenses regulated by the Department of Human Resources, and inserting in lieu thereof the following:
"(1) This Code section and all actions resulting from its provisions shall be adminis tered in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act/ ; except that:
(1) All hearings in contested cases involving any sanction provided for in this Code section shall be conducted by hearing officers employed or appointed by the Department of Administrative Services, who shall be members in good standing with the State Bar of Geor gia; and
(2) The provisions of subsection (a) of Code Section 50-13-17 shall not apply."
Section 2. Said title is further amended by striking subsection (a) of Code Section 31-52, relating to hearings of the Department of Human Resources, and inserting in lieu thereof the following:
"(a) No liccnac, permit, or certificate or other similar right shall be revoked or sus pended without opportunity for hearing aa provided in this Code section. Hearing shall alao be required with respect to any and all quasi judicial action and in any other proceeding reqeifcd by this title or the Constitution of Georgia. Hearings shall be required with respect to any and all quasi-judicial actions and in any other proceeding required by this title or the Constitution of Georgia. All such hearings shall be conducted as provided in this Code sec tion, except for hearings governed under subsection (1) of Code Section 31-2-6."
Section 3. Code Section 49-4-153 of the Official Code of Georgia Annotated, relating to administrative hearings and appeals under the Department of Medical Assistance, is amended by adding a new subsection to the end thereof to read as follows:
"(d) All contested cases involving the imposition of a remedial or punitive measure against a nursing facility by the Department of Medical Assistance shall be conducted in the manner provided for in subsection (1) of Code Section 31-2-6, but only if such remedial or punitive measure is based upon findings made by the Department of Human Resources in its capacity as the state survey agency for the Georgia Medicaid program."
Section 4. This Act shall become effective on July 1, 1994.
Section 5. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 39, nays 0, and the substitute was adopted.
The President announced that, pursuant to Senate Rule 143, consideration of HB 322 would be suspended and placed on the Senate General Calendar.
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.
Senate Sponsor: Senator Starr of the 44th.

TUESDAY, MARCH 16, 1993

1547

The following Memorandum, as required by law, was read by the Secretary:

DEPARTMENT OF AUDITS 254 Washington Street, S.W.
Room 214 Atlanta, Georgia 30334-8400

MEMORANDUM

TO:

The Honorable Bill Dover, Chairman

House Ways and Means Committee

FROM:

Claude L. Vickers, State Auditor Henry M. Huckaby, Director, Office of Planning and Budget

DATE:

February 18, 1993

SUBJECT: Fiscal Note--House Bill 265 (LC 18 5308) Unclaimed Property Delinquent Payment Provisions

This bill revises existing provisions regarding the Department of Revenue's enforcement authority in collecting delinquent unclaimed property payments. The bill authorizes the De partment to issue executions (a levy on property) for payments due, which should eliminate the need to pursue a case through the judicial system with the assistance of the Attorney General's Office.

This bill should not have a significant impact on state revenues or expenditures. While Department personnel indicated that it costs approximately $100 to issue a levy, there were only 10 cases (out of approximately 13,000 cases in which unclaimed property was identi fied) during fiscal year 1992 where a levy would have been necessary to collect delinquent payments.

/s/ Claude L. Vickers State Auditor

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

The Senate Committee on Finance and Public Utilities offered the following substitute to HB 265:

A BILL
To be entitled an Act 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; to provide for procedures; 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. Article 5 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to disposition of unclaimed property, is amended by striking Code Section 44-12231, relating to enforcement authority, and inserting in its place a new Code Section 44-12231 to read as follows:
"44-12-231. (a) The commissioner may bring an action in a court of competent jurisdic tion to enforce tKIs article. Notwithstanding the provisions of Code Section 44-12-214, the commissioner shall commence enforcement for the reporting, payment, or delivery of prop erty presumed abandoned under this article, with the exception of property held in a fiduci ary capacity, not later than seven years from the date the property is presumed abandoned.
(b) Properties due and owing under this Code section and not paid over to the commis sioner on a timely basis shall be paid upon notice and demand by the commissioner or the commissioner's delegate and shall be assessed and collected in the manner provided for as^ sessment and collection of state taxes in Chapters 2, 3, and 4 of Title 48. The commissioner

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is authorized to issue an execution for the amounts due as provided in Code Section 48-3-1. The remedies specified in this subsection shall be in addition to all other remedies provided for in this article."
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 Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Day 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 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 Baugh.

Those not voting were Senators:

Dawkins Dean

Harbison (excused)

Parrish

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

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

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.
Senate Sponsor: Senator Starr of the 44th.

TUESDAY, MARCH 16, 1993

1549

The following Memorandum, as required by law, was read by the Secretary:

DEPARTMENT OF AUDITS 254 Washington Street, S.W.
Room 214 Atlanta, Georgia 30334-8400

MEMORANDUM

TO:

The Honorable Bill Dover, Chairman

House Ways and Means Committee

FROM:

Claude L. Vickers, State Auditor Henry M. Huckaby, Director, Office of Planning and Budget

DATE:

February 18, 1993

SUBJECT: Fiscal Note--House Bill 269 (LC 18 5296) Taxation: Release or Subordinate Certain Property Subject to Certain Liens

This bill permits the Commissioner of Revenue to release property subject to lien if it is determined that the tax, interest, and penalties are sufficiently secured by a lien on other property or through other security and the release will not endanger or jeopardize the collec tion of. amounts due.

The bill would have a fiscal impact. However, the significance of the impact cannot be determined without an extensive analysis of the number of property owners the bill might affect. It should be noted that the Department of Revenue has determined that the bill should enhance their collection efforts and ultimately result in increased revenue.

/s/ Claude L. Vickers State Auditor

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

The Senate Committee on Finance and Public Utilities offered the following substitute to HB 269:

A BILL
To be entitled an Act 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 change certain provisions regarding the protest of a tax assessment; to change certain provisions regarding the con testing of certain assessments or license fees; to provide for procedures regarding a levy on accounts in or with certain financial institutions; to provide for the application of moneys received under Code Section 48-2-55; to provide for the surrender of certain property and rights; to provide for liability of persons refusing such surrender; to provide for the dis charge of certain obligations; to authorize the state revenue commissioner to release or subordinate all or a portion of certain property subject to a state lien; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to administration of taxation, is amended by striking paragraph (1) of subsection (a) of Code Section 48-2-45, relating to service of notice of tax assessment, and inserting in its place a new paragraph (1) to read as follows:
"(1) In all cases in which the commissioner is required by law to provide an opportunity for protest to appeal, the assessment of a tax or license fee shall become final if no written protest appeal is filed by the taxpayer with the commissioner within 30 days of the date of the notice of assessment."
Section 2. Said article is further amended by striking Code Section 48-2-46, relating to

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the contesting of certain assessments and license fees, and inserting in its place a new Code Section 48-2-46 to read as follows:
"48-2-46. Any taxpayer may contest any proposed assessment or license fee made or determined by the commissioner by filing with the commissioner a written protest at any time within 30 days from the date of notice of the proposed assessment or license fee or within such other time limit as may be specified within the notice of proposed assessment or license fee, if a different time limit is specified. All protests shall be prepared in the form and contain such information as the commissioner shall reasonably require and shall include a summary statement of the grounds upon which the taxpayer relies and his reasons for disputing the finding of the commissioner. The filing of a written protest, a petition for redetermination of a deficiency, or a written request by the taxpayer for additional time for filing such a petition shall toll the period of limitations for making an assessment until the petition is denied by the commissioner or the request is withdrawn in writing by the tax payer. In the event the taxpayer desires a conference or hearing, the fact of such desire must be set out in the protest. The commissioner shall grant a conference before his officers or agents as he may designate at a time he shall specify and shall make such reasonable rules governing the conduct of conferences as he may deem proper. The discretion given in this Code section to the commissioner shall be reasonably exercised on all occasions."
Section 3. Said article is further amended by striking subsection (c) of Code Section 482-55, relating to attachment, garnishment, and levy with respect to taxes, and inserting in its place a new subsection (c) to read as follows:
"(c) (1) In case of neglect or refusal by a taxpayer to pay any taxes, fees, licenses, penal ties, interest, or collection costs due the state, the commissioner or his authorized represen tative may levy upon all property and rights to property belonging to the taxpayer, except such as are exempt by law, for the payment of the amount due, together with interest on the amount, any penalty for nonpayment, and such further amount as shall be sufficient for the fees, costs, and expenses of the levy. As used in this subsection, the term 'property and rights to property' includes, but is not limited to, any account in or with a financial institution.
(2) A levy upon an account in or with a financial institution shall be a constructive levy and shall be effective at the time of personal service upon the financial institution as evi denced by an entry of service upon the levy by the commissioner or his authorized represen tative, or by an acknowledgement of service made by a proper official of the financial institution indicating the date and time of service. The commissioner or his authorized representative may, in lieu of personal service or service by mail, serve a levy upon a finan cial institution, and a financial institution may acknowledge service of a levy by telephonic facsimile transmission or by other means of instantaneous electronic transmission. The fi nancial institution shall remit to the commissioner or his authorized representative as pro vided in this subsection not later than 15 days after personal service or acknowledgement of service by mail or facsimile or other instantaneous electronic transmission. Notwithstanding any other law to the contrary, a financial institution receiving a levy shall remit the full amount of its depositor's accounts that are subject to levy, to the extent of the amount claimed upon the levy, without deduction; provided, however, nothing contained in this sub section shall be deemed to diminish the right of a financial institution to exercise its right of setoff."
Section 4. Said article is further amended by adding two new subsections at the end of Code Section 48-2-55, relating to attachment, garnishment, and levy with respect to taxes, to be designated subsections (e) and (f), to read as follows:
"(e) The department shall apply all moneys obtained under this Code section first against the expenses of the proceedings and then against the liability in respect to which the levy was made and any other liability owed to the department by the delinquent taxpayer.
(f) (1) Any person in possession of or obligated with respect to property or rights to property subject to levy upon which a levy has been made shall surrender such property or

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rights or discharge such obligation to the commissioner or his authorized representative, except such part of the property or rights as is subject, at the time of such levy, to an attachment or execution under any judicial process.
(2) Any person who willfully fails or refuses to surrender any property subject to levy shall be personally liable to the commissioner for a sum equal to the value of the property or rights not so surrendered but not exceeding the amount of the tax, interest, and penalties for the collection of which such levy has been made, together with costs and interest at the rate specified in Code Section 48-2-40 from the date of such levy. The liability imposed in this subsection shall be paid upon notice and demand by the commissioner or his delegate and shall be assessed and collected in the same manner as other taxes administered by the commissioner. Any amount other than costs recovered under this subsection shall be credited against the subject taxpayer's liability for the collection of which such levy was made.
(3) Any person in possession of or obligated with respect to property or rights to prop erty subject to levy upon which a levy has been made who, upon service of levy by the commissioner or his authorized representative, surrenders such property or rights to prop erty or discharges such obligation to the commissioner or his authorized representative shall be discharged from any obligation or liability to the delinquent taxpayer with respect to such property or rights to property arising from such surrender or payment."
Section 5. Said article is further amended by striking Code Section 48-2-58, relating to release of property subject to a state tax lien, and inserting in its place a new Code Section 48-2-58 to read as follows:
"48-2-58. (a) The commissioner, upon the taxpayer's providing security sufficient to protect the staters interest and with the consent of the Attorney General, may release some or all of the property of a taxpayer which is subject to a state tax lien when the legality of the assessment which is the basis of the lien is being litigated.
(b) The commissioner may release or subordinate all or any portion of the property subject to a state tax lien if the commissioner determines that the tax, interest, and penal ties are sufficiently secured by a lien on other property or through other security or that the release, partial release, or subordination of such lien will not endanger or jeopardize the collection of amounts due."
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 Clay

Coleman Crotts Day Dean Edge Egan Farrow Garner Gillis Glanton Gochenour Hill

Hooks Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton Newbill Oliver Perdue Pollard

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Ragan of llth
Ragan of 32nd jRRjaaayvlston Robinson

Scott glotin Starr Taylor

Thomas Thompson Turner Tysinger

Those not voting were Senators:

Dawkins Harbison (excused) Hemmer

Henson Huggins

Parrish Walker

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

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

HB 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.
Senate Sponsor: Senator Brown of the 26th.

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: FROM: DATE: SUBJECT:

The Honorable Bill Dover, Chairman House Ways and Means Committee
Claude L. Vickers, State Auditor Henry M. Huckaby, Director, Office of Planning and Budget
March 4, 1993
Fiscal Note--House Bill 350 (Substitute) (LC 18 5671S) Ad Valorem Taxation--Computer Software

This bill defines "computer software" and identifies criteria for establishing its value for ad valorem tax purposes. The value of computer software would be based on the value of the storage medium (such as disks or tapes) on which the software is stored or transmitted. In addition, this bill provides that computer software would be classified as intangible per sonal property for ad valorem tax purposes. As a result, computer software would be taxed at the intangible tax rate (.1 mills) instead of at a county's regular tax rate (ranging in 1991 from 10.64 mills to 47.54 mills).
While the value of computer software currently on county tax digests is not known, this bill should not have a significant impact on state revenues. The amount of tax revenue loss to the counties would depend on how actively the individual counties have previously pur sued taxing computer software. An estimate of this impact for each county would require a detailed survey of each local tax digest to see if the proportion associated with computer software can be broken-out. The Department of Revenue estimated that if this bill were implemented, administrative costs would increase approximately $30,000 annually and that

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approximately $50,000 of start-up costs (for forms and computer system revisions) might be required.

/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 Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Burton 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 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:

Alien Baugh

Cheeks Coleman

Walker

Those not voting were Senators:

Dawkins

Harbison (excused)

Parrish

On the passage of the bill, the yeas were 48, nays 5.

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

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.
Senate Sponsor: Senator Taylor of the 12th.
Senator Langford of the 35th offered the following amendment:
Amend HB 485 by striking the words "death penalty" from entire bill.
On the adoption of the amendment, the yeas were 1, nays 39, 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:

Abernathy Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton 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 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 Cheeks and Parrish.

Not voting were Senators Dawkins and Harbison (excused).

On the passage of the bill, the yeas were 52, nays 2.

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

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.
Senate Sponsor: Senator Robinson of the 16th.

The Senate Committee on Health and Human Services offered the following amendment:

Amend HB 252 by striking on line 20 of page 1 the word "preparatory" and inserting in lieu thereof the word "practice".

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

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

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

Those voting in the affirmative were Senators:

Abernathy

Alien

Balfour

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1555

Baugh Blitch Bowen Broun of 46th Brown of 26th Burton
Clay Coleman Crotts Day Dean Edge Egan Farrow Garner Gillis

Glanton Gochenour Hemmer Henson 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
Rgcoobtitnson
tarr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Boshears

Dawkins

Harbison (excused)

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 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.
Senate Sponsor: Senator Pollard of the 24th.

The Senate Committee on Finance and Public Utilities offered the following substitute to HB 362:

A BILL
To be entitled an Act to revise comprehensively the authority of counties and municipal corporations relating to occupation taxes and regulatory fees for businesses and practition ers of professions and occupations; to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to correct crossreferences to a renumbered Code section; to amend Code Section 43-45-15 of the Official Code of Georgia Annotated, relating to business licenses and occupation taxes for persons engaged in the business of structural pest control, so as to repeal authority for local govern ments to levy and collect an occupation tax based on gross receipts of licensees doing busi ness within the boundaries of the taxing jurisdiction; to provide that persons engaged in the business of structural pest control shall be subject to the authority of local governments relating to occupation taxes and regulatory fees as revised by this Act; to amend Article 6 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to municipal taxa tion, so as to repeal an exemption from municipal tax or license fees for certain traveling salespersons, merchants, and employees of merchants and provide that such salespersons,

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merchants and employees of merchants shall be subject to the authority of local govern ments relating to occupation taxes and regulatory fees as revised by this Act; to amend Code Section 48-11-14 of the Official Code of Georgia Annotated, relating to registration, reports, tax payments, tax assessments, and penalties for certain cigar and cigarette taxes, so as to remove an incorrect cross-reference; to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to strike provisions relating to busi ness and occupational license taxes and fees imposed by counties; to amend Article 1 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific, busi ness, and occupational taxes, so as to remove certain limitations on such taxes for certain named occupations and professions; to authorize counties and municipal corporations to classify and tax businesses and practitioners of professions and occupations located in a single jurisdiction or more than one jurisdiction and certain businesses and practitioners with no location in the state; to require a public hearing in certain circumstances; to provide for exemptions and reductions; to provide for an election for practitioners of certain speci fied occupations and professions; to authorize regulatory fees in certain circumstances; to provide for criteria for classification for taxation; to provide for administrative fees; to pro hibit certain criteria and methods of taxation; to provide for -lassification of businesses with more than one type of service or product; to provide for confidentiality; to provide a penalty for violation of confidentiality; to renumber certain Code se< tions; to repeal special county license fees for carnivals and itinerant shows and penalties for failure to operate such carni vals or itinerant shows without a county license; to repeal certain limitations on county and municipal business license fees and occupation taxes for wrecker services; to provide that carnivals, itinerant shows, and wrecker services shall be subject to the authority of local governments relating to occupation taxes and regulatory fees as revised by this Act; to change provisions relative to taxation of businesses commencing on or after July 1; to clarify license posting; to provide for related matters; 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 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, is amended in Code Section 43-40-18, relating to man agement of real estate brokering firms and licensed affiliates, by striking in its entirety sub section (a) and inserting in lieu thereof a new subsection to read as follows:
"(a) Licensees who operate from more than one place of business shall comply with all local business ordinances affecting their business operations; provided, however, that no provision of this subsection shall be construed as altering the provisions of Code Section 48-
48-13-17."
Section 2. Said chapter is further amended by striking in its entirety Code Section 4340-23, relating to the applicability of county or municipal license, occupational, or profes sional taxes, and inserting a new section to read as follows:
"43-40-23. No county or municipal corporation shall levy or collect any fixed amount license, occupational, or professional tax upon real estate brokers, except as provided for in Code Section 48-18-6 48-13-17."
Section 3. Code Section 43-45-15 of the Official Code of Georgia Annotated, relating to business licenses and occupation taxes for persons engaged in the business of structural pest control, is amended by striking in its entirety subsection (b) and inserting in lieu thereof a new subsection to read as follows:
"(b) The liccnac fees provided by this chapter shall authorize the licensee to engage in the business of structural pest control in this atatc, and no county of municipality ahall be authorized to impose any business liecnac fee or occupation tax upon any person who ia licensed under this chapter except thoac counties and municipalities in which is located an established business office of a person or persons engaged in the business of structural peat control, provided that any municipality of county which levies a general occupation 01 buai ness license tax which is based on gross receipts ahall have the power to levy and collect an

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occupational, license, or professional tax upon any licensee under thio chapter transacting business within the boundaries of the taxing jurisdiction, which tax ahall be baaed upon groaa fcvcnuca derived from transactions with icapcct to propcrty located within the bound aries of the taxing jurisdiction. Persons licensed under this chapter shall be subject to Arti cle 1 of Chapter 13 of Title 48.^
Section 4. Article 6 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to municipal taxation, is amended by striking in its entirety Code Section 48-5-354, which reads as follows:
"48-5-354. (a) No authority of any municipality shall levy or collect any tax or license fee from:
(1) A traveling salesman engaged in taking orders for the sale of goods when no delivery of goods is made at the time of taking the order;
(2) A merchant or dealer, the situs of whose business is outside the municipality, who delivers goods to wholesale or retail customers in the municipality either on orders previ ously taken by his salesmen or on orders previously given directly to him by the wholesale or retail customer; or
(3) The employees of any merchant or dealer doing business in the municipality in a manner defined by paragraph (2) of this subsection who are engaged in the delivery of the goods to wholesale or retail customers.
(b) This Code section shall not apply within counties having a population over 600,000, according to the United States decennial census of 1990 or any future such census.",
and inserting a new Code section to read as follows:
"48-5-354. The provisions of Article 1 of Chapter 13 of Title 48 shall govern municipal and county occupation taxes for the following: traveling salespersons engaged in taking or ders for the sale of goods when no delivery of goods is made at the time of taking the order; a merchant or dealer, the situs of whose business is outside the taxing jurisdiction, who delivers goods previously ordered; and the employees of a merchant or dealer who are en gaged in the delivery of the goods to customers."
Section 5. Code Section 48-11-14 of the Official Code of Georgia Annotated, relating to registration, reports, tax payments, tax assessments, and penalties for certain cigar and ciga rette taxes, is amended by striking in its entirety subsection (d) and inserting in lieu thereof a new subsection to read as follows:
"(d) Except as otherwise provided in this Code section, the sanctions and penalties set forth in Code Sections 48-11-15, 48-11-17, 48-11-18, and 48-11-20 through 48-11-24 and in Code Sections 48-7-2, 48-10-16, 48-18-10, and 48-13-38 shall be imposed where applicable for any violations of this chapter by consumers."
Section 6. Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by striking in its entirety Code Section 36-1-22, relating to business and occupational license taxes and fees imposed by counties, and inserting the following:
"36-1-22. Reserved."
Section 7. Article 1 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific, business, and occupation taxes, is amended by striking in its entirety Code Section 48-13-5, relating to levy of license, occupation, or professional tax by counties and municipalities, and inserting new Code sections to be numbered 48-13-5 through 48-1316 as follows:
"48-13-5. As used in this article, the term:
(1) 'Administrative fee' means a component of an occupation tax which approximates the reasonable cost of handling and processing the occupation tax.

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(2) (A) 'Gross receipts' means total revenue of the business or practitioner for the pe riod, including without being limited to the following:
(i) Total income without deduction for the cost of goods sold or expenses incurred;
(ii) Gain from trading in stocks, bonds, capital assets, or instruments of indebtedness;
(iii) Proceeds from commissions on the sale of property, goods, or services;
(iv) Proceeds from fees charged for services rendered; and
(v) Proceeds from rent, interest, royalty, or dividend income.
(B) Gross receipts shall not include the following:
(i) Sales, use, or excise taxes;
(ii) Sales returns, allowances, and discounts;
(iii) Intel-organizational sales or transfers between or among the units of a parent-sub sidiary controlled group of corporations, as defined by 26 U.S.C. Section 1563(a)(l), or be tween or among the units of a brother-sister controlled group of corporations, as defined by 26 U.S.C. Section 1563(a)(2);
(iv) Payments made to a subcontractor or an independent agent; and
(v) Governmental and foundation grants, charitable contributions, or the interest in come derived from such funds, received by a nonprofit organization which employs salaried practitioners otherwise covered by this chapter, if such funds constitute 80 percent or more of the organization's receipts.
(3) 'Location or office' shall not include a temporary work site which serves a single customer or project.
(4) 'Occupation tax' means a tax levied on persons, partnerships, corporations, or other entities for engaging in an occupation, profession, or business and enacted by a local govern ment as a revenue-raising ordinance or resolution.
(5) 'Practitioners of professions and occupations' shall not include a practitioner who is an employee of a business, if the business pays an occupation tax.
(6) 'Regulatory fees' means payments, whether designated as license fees, permit fees, or by another name, which are required by a local government as an exercise of its police power and as a part of or as an aid to regulation of an occupation, profession, or business. The amount of a regulatory fee shall approximate the reasonable cost of the actual regula tory activity performed by the local government. A regulatory fee may not include an ad ministrative fee. Regulatory fees do not include development impact fees as defined by par agraph (8) of Code Section 36-71-2 or other costs or conditions of zoning or land development.
48-13-6. (a) The governing authority of each county is authorized to provide by local ordinance or resolution for the levy, assessment, and collection of occupation tax on those businesses and practitioners of professions and occupations with one or more locations or offices in the unincorporated part of the county and to provide for the punishment of viola tion of such a local ordinance or resolution. The governing authority of each county is au thorized to classify businesses and practitioners of professions and occupations and to assess different taxes on different classes of businesses and practitioners. This article supersedes any provision of local law authorizing such taxes.
(b) The governing authority of each municipal corporation is authorized to provide by local ordinance or resolution for the levy, assessment, and collection of occupation tax on those businesses and practitioners of professions and occupations which have one or more locations or offices within the corporate limits and to provide for the punishment of viola tion of such a local ordinance or resolution. The governing authority of each municipal cor poration is authorized to classify businesses and practitioners of professions and occupations

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and to assess different taxes on different classes of businesses and practitioners. This article supersedes any provision of local law or city charter authorizing such taxes.
(c) After January 1, 1996, any local government shall conduct at least one public hear ing before adopting any ordinance or resolution which will increase the occupation tax.
48-13-7. (a) The governing authority of each county is authorized to provide by local ordinance or resolution for the levy, assessment, and collection of occupation tax on those businesses and practitioners of professions and occupations with no location or office in the state in accordance with this Code section and to provide for the punishment of violation of such a local ordinance or resolution if the business or practitioner:
(1) Has one or more employees or agents who exert substantial efforts within the unin corporated part of the county for the purpose of soliciting business or serving customers or clients; or
(2) Owns personal or real property which generates income and which is located in the unincorporated part of the county.
(b) The governing authority of each municipal corporation is authorized to provide by local ordinance or resolution for the levy, assessment, and collection of occupation tax on those businesses and practitioners of professions and occupations with no location or office in the state in accordance with this Code section and to provide for the punishment of violation of such a local ordinance or resolution if the business or practitioner:
(1) Has one or more employees or agents who exert substantial efforts within the corpo rate limits for the purpose of soliciting business or serving customers or clients; or
(2) Owns personal or real property which generates income and which is located in the corporate limits.
(c) This article supersedes any provisions of local law or city charter authorizing such taxes.
(d) Local governments levying occupation tax according to this Code section shall com ply with Code Sections 48-13-10 through 48-13-13, except that: gross receipts of a business or practitioner for purposes of this Code section shall include only those gross receipts rea sonably attributable to sales or services in this state; employees shall include only those employees engaged in substantial efforts within this state; and nation-wide profitability ra tios shall apply only to types of business transacted within this state.
(e) Businesses and practitioners subject to this Code section shall be required to pay occupation tax to only one local government in this state, the local government for the mu nicipal corporation or county in which the largest dollar volume of business is done or ser vice is performed by the individual business or practitioner.
(f) If a business or practitioner subject to this Code section provides to the local govern ment in this state which is authorized to levy occupation tax on such business or practi tioner proof of payment of a local business or occupation tax in another state which pur ports to tax the business's or practitioner's sales or services in this state, the business or practitioner shall be exempt from local occupation tax in this state.
48-13-8. (a) The governing authority of each county is authorized to provide by local ordinance or resolution for the imposition and collection of regulatory fees on businesses and practitioners of professions and occupations doing business in the unincorporated part of the county and to provide for the punishment of violation of such a local ordinance or resolution. This article supersedes any provision of local law authorizing such regulatory fees.
(b) The governing authority of each municipal corporation is authorized to provide by local ordinance or resolution for the imposition and collection of regulatory fees on busi nesses and practitioners of professions and occupations doing business within the corporate limits and to provide for the punishment of violation of such a local ordinance or resolution. This article supersedes any provision of local law or city charter authorizing such fees.

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48-13-9. (a) A local government is authorized to require a business or practitioner of a profession or occupation to pay a regulatory fee only if the local government customarily performs investigation or inspection of such businesses or practitioners of such profession or occupation as protection of the public health, safety, or welfare or in the course of enforcing a state or local building, health, or safety code.
(b) Examples of businesses or practitioners of professions or occupations which may be subject to regulatory fees of local governments include, but are expressly not limited to, the following:
(1) Building and construction contractors, subcontractors, and workers; (2) Carnivals; (3) Taxicab and limousine operators; (4) Tattoo artists; (5) Stables; (6) Shooting galleries and firearm ranges; (7) Scrap metal processors; (8) Pawnbrokers; (9) Food service establishments; (10) Dealers in precious metals; (11) Firearms dealers; (12) Peddlers; (13) Parking lots; (14) Nursing and personal care homes; (15) Newspaper vending boxes; (16) Modeling agencies; (17) Massage parlors; (18) Landfills; (19) Auto and motorcycle racing; (20) Boarding houses; (21) Businesses which provide appearance bonds; (22) Boxing and wrestling promoters; (23) Hotels and motels; (24) Hypnotists; (25) Handwriting analysts; (26) Health clubs, gyms, and spas; (27) Fortunetellers; (28) Garbage collectors; (29) Escort services; (30) Burglar and fire alarm installers; and (31) Locksmiths. (c) Examples of businesses and practitioners of professions and occupations which local

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governments are not authorized to subject to regulatory fees include, but are expressly not limited to, the following:
(1) Lawyers;
(2) Physicians licensed under Chapter 34 of Title 43;
(3) Osteopaths licensed under Chapter 34 of Title 43;
(4) Chiropractors;
(5) Podiatrists;
(6) Dentists;
(7) Optometrists;
(8) Psychologists;
(9) Veterinarians;
(10) Landscape architects;
(11) Land surveyors;
(12) Practitioners of physiotherapy;
(13) Public accountants;
(14) Embalmers;
(15) Funeral directors;
(16) Civil, mechanical, hydraulic, or electrical engineers;
(17) Architects;
(18) Marriage and family therapists, social workers, and professional counselors;
(19) Dealers of motor vehicles, as denned in paragraph (1) of Code Section 10-1-622; and
(20) Any other business, profession, or occupation for which state licensure or registra tion is required by state law, unless the state law regulating such business, profession, or occupation specifically allows for regulation by local governments.
(d) This Code section shall not be construed to repeal other general laws which allow or require regulation of businesses, occupations, or professions by local governments.
48-13-10. (a) In determining the amount of occupation tax to be levied on an individual business or practitioner, local governments shall classify a business or practitioner by one of the following criteria:
(1) The number of employees of the business or practitioner;
(2) Profitability ratio for the type of business, profession, or occupation as measured by nation-wide averages derived from statistics, classifications, or other information published by the United States Office of Management and Budget, the United States Internal Reve nue Service, or successor agencies of the United States; or
(3) Gross receipts of the business or practitioner in combination with the profitability ratio for the type of business, profession, or occupation as measured by nation-wide averages derived from statistics, classifications, or other information published by the United States Office of Management and Budget, the United States Internal Revenue Service, or successor agencies of the United States.
(b) Local governments which classify businesses and practitioners by the criterion de scribed in paragraph (3) of subsection (a) of this Code section are authorized to limit the geographic area in which gross receipts shall be taxed to that local government's jurisdiction.
(c) Local governments which classify by the criteria described in paragraph (2) or (3) of

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subsection (a) of this Code section shall rank the businesses and practitioners according to the profitability ratio described in paragraph (2) of subsection (a) of this Code section. After such ranking, the local government shall establish classifications which do not overlap before setting a single rate of taxation for each classification. Such local governments are not authorized to apply to any classification a rate of taxation greater than the rate applied to another classification which includes a business or practitioner with a higher profitability ratio.
(d) The occupation tax may include an administrative fee.
(e) Local governments may by ordinance or resolution provide for an exemption or re duction in occupation tax to one or more types of businesses or practitioners of occupations or professions as part of a plan for economic development or attracting or encouraging se lected types of businesses or practitioners of selected occupations or professions. Such ex emptions or reductions in occupation tax shall not be arbitrary or capricious.
(f) Practitioners of professions and occupations who are listed in paragraphs (1) through (18) of subsection (c) of Code Section 48-13-9 shall elect as their entire occupation tax one of the following:
(1) The occupation tax resulting from application of the other provisions of this article; or
(2) A fee to be set by the local government, not to exceed $400.00 per practitioner who is licensed to provide the service, such tax to be paid at that practitioner's office or location; provided, however, that a practitioner paying according to this paragraph shall not be re quired to provide information to the local government relating to the gross receipts of the business or practitioner.
48-13-11. In determining the amount of occupation tax to be levied on an individual business or practitioner, local governments shall not use the following criteria or methods:
(1) Dividing a business into its constituent parts and imposing a separate occupation tax on each part or portion of the business, except that businesses or practitioners with more than one type of activity or product shall be taxed in accordance with Code Section 48-13-12;
(2) The size or square footage of the space occupied by the business or practitioner; or
(3) Any criterion other than those described in Code Section 48-13-10.
48-13-12. For businesses or practitioners with more than one type of service or product, the following classification rules shall apply:
(1) Local governments which do not use the criterion described in paragraph (3) of subsection (a) of Code Section 48-13-10 shall classify the business or practitioner for occu pation tax purposes according to the dominant service or product; and
(2) Local governments which use the criterion described in paragraph (3) of subsection (a) of Code Section 48-13-10 shall set out in their local ordinances or resolutions for occupa tion taxes whether the local government will:
(A) Classify the entire gross receipts by dominant service or product; or
(B) Apportion the gross receipts by category of service or product in proportion to the gross receipts generated by each service or product, taxing each portion of the gross receipts according to the profitability ratio for that particular type of business and adding the tax for all portions to arrive at the total occupation tax.
48-13-13. In levying occupation tax, local governments are not authorized to:
(1) Require a business or practitioner to pay more that one occupation tax for each office or location, except that businesses or practitioners with multiple services or products shall be taxed in accordance with Code Section 48-13-12;
(2) Levy occupation tax on more than 100 percent of the total gross receipts of the

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business or practitioner, when occupation taxes of all local governments are added together; or
(3) Levy occupation tax on any practitioner whose office is maintained by and who is employed in practice exclusively by the United States, the state, a municipality or county of the state, or instrumentalities of the United States, the state, or a municipality or county of the state.
48-13-14. (a) In levying occupation tax upon a business or practitioner with a location or office situated in more than one jurisdiction, including businesses or practitioners with one or more locations or offices in Georgia and one or more locations outside the state, local governments which use the criterion described in paragraph (3) of subsection (a) of Code Section 48-13-10 shall allocate the gross receipts of the business or practitioner for occupa tion tax purposes in accordance with one of the following methods:
(1) Where the dollar amount of gross receipts of the business or practitioner can be allocated to one or more of the locations or offices on the basis of product manufactured in that location or office or service provided for compensation in that location or office, each local government is authorized to tax the gross receipts generated by the location or office within the jurisdiction of the local government; or
(2) Where the dollar amount of gross receipts cannot reasonably be allocated among multiple locations or offices, the total gross receipts shall be divided by the number of loca tions or offices of the business or practitioner, and an equal percentage of the total gross receipts of the business or practitioner shall be allocated to each location or office.
(b) In no instance shall the sum of the portions of the total gross receipts of a business or practitioner taxed by all local governments exceed 100 percent of the total gross receipts of the business or practitioner.
(c) Upon request, businesses or practitioners with a location or office situated in more than one jurisdiction shall provide to any local government authorized to levy an occupation tax upon such business or practitioner the following:
(1) Financial information necessary to allocate the gross receipts of the business or practitioner; and
(2) Information relating to the allocation of the business's or practitioner's gross re ceipts by other local governments.
(d) When more than one local government levies occupation tax on a business or practi tioner which has locations encompassed by more than one local government and the local governments use different criteria for taxation in accordance with subsection (a) of Code Section 48-13-10, local governments which use the criterion described in paragraph (3) of subsection (a) of Code Section 48-13-10 are not authorized to tax any greater proportion of the gross receipts than authorized by subsection (a) of this Code section, and local govern ments which use the number of employees as a criterion for taxation are authorized to tax the number of employees who are employed within the local government's geographic juris diction. In the case of an employee who works for the same business or practitioner in more than one municipal corporation or county, the municipal corporation or county in which the employee works for the longest period of time within the calendar year shall be authorized to count the individual as an employee who is employed within the local government's geo graphic jurisdiction for purposes of occupation tax.
48-13-15. (a) Except as provided in subsection (c) of this Code section, information provided to a local government by a business or practitioner of an occupation or profession for the purpose of determining the amount of occupation tax for the business or practitioner is confidential and exempt from inspection or disclosure under Article 4 of Chapter 18 of Title 50.
(b) Violation of the confidentiality provision of subsection (a) of this Code section shall be unlawful and upon conviction shall be punished as a misdemeanor.

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(c) Information provided to a local government by a business or practitioner of an occu pation or profession for the purpose of determining the amount of occupation tax for the business or practitioner may be disclosed to the governing authority of another local govern ment for occupation tax purposes or pursuant to court order or for the purpose of collection of occupation tax or prosecution for failure or refusal to pay occupation tax.
48-13-16. (a) The following businesses or practitioners shall be exempt from occupation tax, registration fees, or regulatory fees according to the provisions of this article:
(1) Those businesses regulated by the Georgia Public Service Commission;
(2) Those electrical service businesses organized under Chapter 3 of Title 46; and
(3) Any farm operation for the production from or on the land of agricultural products, but not including any agribusiness.
(b) This article shall not be construed to repeal other provisions of general law relating to local governments' occupation tax, registration fees, or regulatory fees for businesses or practitioners of professions or occupations.",
by striking in their entirety Code sections formerly designated as Code Sections 48-13-6 through 48-13-8, and inserting new Code sections to be numbered 48-13-17 through 48-1319, to read as follows:
"48-13-6. 48-13-17. (a) No county or municipal corporation shall levy or collect any fixed amount license, occupation, or professional tax upon real estate brokers, except at the place where any such real estate broker shall maintain a principal or branch office. The license, occupation, or professional tax shall permit the broker and the broker's affiliated associate brokers and salespersons to engage in all of the brokerage activities described in Code Section 43-40-1 without further licensing or taxing other than the state licenses issued pursuant to Chapter 40 of Title 43. No additional license, occupation, or professional tax shall be required of the broker's affiliated associate brokers or salespersons; provided, how ever, that, subject to the limitations of subsection (b) of this Code section, a municipality or county which levies a general occupation or business license tax on a gross receipts basis shall have the power to levy and collect an occupation, license, or professional tax upon real estate brokers transacting business within the boundaries of the taxing jurisdiction, which tax shall be based upon gross receipts derived from transactions with respect to property located within the boundaries of the taxing jurisdiction.
(b) A municipal corporation may impose an occupation, license, or professional tax upon real estate brokers based upon gross receipts only for real estate transactions with respect to property located within its corporate limits and a county governing authority may impose such a tax based upon gross receipts only for real estate transactions with respect to property located in the unincorporated area of the county.
48-18-7. 48-13-18. (a) When otherwise authorized by law to levy business license fees anel occupation taxes on businesses, trades, and professions, a municipality shall be permit ted to levy the fcca and taxes on businesses, trades, and professions which are licensed by or registered with the state. This Code section shall not be construed to repeal any express limitations on such municipal authority contained in general law.
(b) Nothing contained in this Code section shall be construed to authorize the munici pal licensing or taxation of businesses, trades, or occupations operating motor vehicles re quired to be registered with the Public Service Commission of this state.
48 13-8. 48-13-19. (a) Except as may be authorized by general law, no municipality may levy any tax upon an individual for the privilege of working within or being employed within the limits of the municipality.
(b) Nothing contained in this Code section shall be construed to prohibit a municipal ity, when otherwise authorized, from levying any form of tax or license fee being levied by any municipality in this state on January 1, 1980."
Section 8. Said article is further amended by striking in their entirety Code Section 48-

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13-9, relating to county license fees for carnivals and other itinerant shows, Code Section 4813-10, relating to unlawful operation of an itinerant show without a license, and Code Sec tion 48-13-10.1, relating to business license fees and occupation tax for wrecker services, which read as follows:
"48-13-9. A county governing authority by order or resolution may regulate and impose a license fee not to exceed $1,000.00 per year upon each carnival, circus, road show, tent show, or any other itinerant show or entertainment located or held within the county and outside the corporate limits of a municipality.
48-13-10. (a) It shall be unlawful for any person to hold, operate, or conduct any show or entertainment described in Code Section 48-13-9 without having obtained a license or permit, when required, from the county governing authority.
(b) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500.00 nor more than $1,000.00 or confined for a period of not less than one month nor more than 12 months, or both. Each day of holding, operating, or conducting the show or entertainment shall be deemed a separate offense.
48-13-10.1. (a) As used in this Code section, the term 'wrecker service' means any per son, firm, partnership, or corporation which is engaged solely or partially in the business of towing wrecked or disabled vehicles.
(b) No county which is authorized to impose a business license fee or occupational tax shall impose any such fee or tax on any wrecker service unless the wrecker service either maintains its principal office or any branch office within the unincorporated area of such county or generates 50 percent of its gross income from business within the unincorporated area of such county.
(c) No municipality which is authorized to impose a business license fee or occupational tax shall impose any such fee or tax on any wrecker service unless the wrecker service either maintains its principal office or any branch office within the incorporated area of such mu nicipality or generates 50 percent of its gross income from business within the incorporated area of such municipality.
(d) Subsections (b) and (c) of this Code section shall not prohibit counties or munici palities from enacting otherwise valid ordinances which regulate the manner in which wrecker services shall operate within their jurisdictions."
Section 9. Said article is further amended by striking in their entirety Code Sections 4813-11 through 48-13-17, and inserting in lieu thereof the following:
"48 18-11. 48-13-20. All license; fees and business, occupation, and other taxes imposed or authorized by this chapter, except as otherwise specifically provided, shall be due and payable annually on January 1. In the event that any person commences business on any date after January 1 in any year, the tax shall be due and payable on the date of the com mencement of the business.
48 13 12. 48-13-21. Should any special, occupation, or sales tax or license fee imposed by this chapter remain due and unpaid for 90 days from the due date of the tax or fee, the person liable for the tax or fee shall be subject to and shall pay a penalty of 10 percent of the tax or fee due.
48-18-13. 48-13-22. When any person commences business on or after July 1 in any year, the regulatory fee and the business, license, or occupation tax for the remaining por tion of the year shall be 50 percent of the tax imposed for the entire year, except that (1) local governments which tax according to the criterion described in paragraph (3) of subsec tion (a) of Code Section 48-13-10 are authorized to levy their customary rate on the gross receipts of the business or practitioner from the commencement of the business; and (2) the administrative fee authorized as a component of an occupation tax by subsection (d) of Code Section 48-13-10 shall not be reduced.

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48-13-14. 48-13-23. Each person subject to any special or occupation tax who is also licensed by the state shall post the state license in a conspicuous place in Iris the licensee's place of business and shall keep the license there at all times while the license remains valid.
48-18-16. 48-13-24. In any provision of this chapter where population controls the amount of tax or license fee to be paid, the most recent United States decennial census shall govern.
4843-16. 48-13-25. When a nulla bona entry has been entered by proper authority upon an execution issued by the tax collector or tax commissioner against any person defaulting on a special tax, the person against whom the entry is made shall not be allowed or entitled to have or collect any fees or charges whatever for services rendered after the entry of the nulla bona. If, at any time after the entry of nulla bona has been made, the person against whom the execution issues pays the tax in full together with all interest and costs accrued on the tax, the person may collect any fees and charges due him or her as though he or she had never defaulted in the payment of the tax.
48-13-17. 48-13-26. (a) In addition to the other remedies available to the state, counties, and municipalities for the collection of special taxes, occupation taxes, and license fees due the state, counties, and municipalities from persons subject to the tax or license fee who fail or refuse to pay the tax or fee, the officer charged with the collection of the tax or license fee shall issue executions against the delinquent taxpayers for the amount of the taxes or fees due when the taxes or fees become due.
(b) The right of the state, counties, and municipalities to criminally prosecute persons violating the law or a county or municipal ordinance by failing to pay the special taxes, occupation taxes, or license fees or by refusing to register shall be in addition to the remedy of issuing executions against delinquent taxpayers as authorized by subsection (a) of this Code section."
Section 10. This Act shall become effective on January 1, 1995.
Section 11. All laws and parts of laws in conflict with this Act are repealed.
Senators Hemmer of the 49th, Marable of the 52nd and Broun of the 46th offered the following amendment:
Amend the substitute to HB 362 offered by the Senate Committee on Finance and Public Utilities by adding on page 13 between lines 21 and 22 the following:
"(15) Audiologists and speech pathologists", and by renumbering the subsequent subparagraphs accordingly.
On the adoption of the amendment offered by Senators Hemmer of the 49th, Marable of the 52nd and Broun of the 46th, the yeas were 13, nays 28, and the amendment was lost.
Senators Farrow of the 54th and Kemp of the 3rd offered the following amendment:
Amend the substitute to HB 362 offered by the Senate Committee on Finance and Public Utilities by adding on line 1 of page 3 after the word and symbol "matters;" the following:
"to provide that this Act shall not be severable;".
By renumbering Sections 10 and 11 on page 26 as Sections 11 and 12, respectively, and inserting a new Section 10 to read as follows:
"Section 10. This Act shall not be severable. In the event any Code section, subsection, paragraph, subparagraph, item, sentence, clause, phrase, or word of this Act is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall affect the remaining portions of this Act, which shall not remain of full force and effect. The General

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Assembly declares that it would not have enacted the remaining parts of this Act if it had known that such portion hereof would be declared or adjudged invalid or unconstitutional."

Senator Farrow of the 54th asked unanimous consent that the amendment offered by Senators Farrow of the 54th and Kemp of the 3rd be withdrawn; the consent was granted, and the amendment was withdrawn.

On the adoption of the substitute, the yeas were 47, 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:

Abernathy Balfour Baugh Bowen Broun of 46th Brown of 26th Cheeks 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 llth Ragan of 32nd Ralston Ray Robinson Scott Slotin
Taylor Thomas Thompson Turner Tysinger Walker

Those voting in the negative were Senators:

Alien Blitch

Boshears

Clay

Burton

Those not voting were Senators:

Dawkins Harbison (excused)

Langford of 35th

Parrish

On the passage of the bill, the yeas were 47, nays 5.

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

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

SB 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,

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duties, and operations of the panel; to provide for administrative attachment of the panel to the Criminal Justice Coordinating Council.
The House amendment was as follows:
Amend SB 234 as follows:
On page 8, line 11, strike (10) and insert (11);
page 8, line 12, strike (11) and insert (12); and
page 8, line 23, strike (8) and (9) and insert (9) and (10).
Senator Taylor of the 12th moved that the Senate disagree to the House amendment to SB 234.
On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate disagreed to the House amendment to SB 234.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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 House substitute to SB 230 was as follows:
A BILL
To be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to revise certain provisions regarding required notices by or on behalf of insurers; to provide for the submission of notification with financial statements of an opinion of a qualified actuary regarding reserves and related actuarial items; to provide for the content of such opinion and other matters related to such opinion; to revise the valuation of certain reserves; to provide for the issuance of certain specified rules and regu lations by the Commissioner of Insurance; to provide for applicability; to provide for the promulgation of minimum standards applicable to the valuation of accident and sickness and disability plans; to provide the reasons for which an insurer may issue a notice of can cellation for a residential real property insurance policy; to provide time limitations on the ten-day "free look" notice for the return of life insurance contracts and refunding of premi ums; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding between subsections (b) and (c) of Code Section 33-10-13, relating to the valuation of reserves for life insurance policies, a new subsection (b.l) to read as follows:
"(b.l) (1) This subsection shall become operative on December 31, 1994.
(2) Every life insurance company doing business in this state shall annually submit the opinion of a qualified actuary as to whether the reserves and related actuarial items held in support of the policies and contracts are computed appropriately, are based on assumptions which satisfy contractual provisions, are consistent with prior reported amounts, and com ply with applicable laws of this state. The Commissioner by regulation as provided in sub section (1) of this Code section shall define the specific elements of this opinion.

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(3) (A) Every life insurance company, except as may be exempted by regulation as pro vided in subsection (1) of this Code section, shall also annually include in the opinion re quired by paragraph (2) of this subsection an opinion of the same qualified actuary as to whether the reserves and related actuarial items held in support of the policies and con tracts, when considered in light of the assets held by the company with respect to the reserves and related actuarial items, including but not limited to, the investment earnings on the assets and the considerations anticipated to the received and retained under the policies and contracts, make adequate provisions for the company's obligations under the policies and contracts, including but not limited to, the benefits under and expenses associ ated with the policies and contracts.
(B) Regulations as provided in subsection (1) of this Code section shall provide for a transition period for establishing any higher reserves which the qualified actuary may deem necessary in order to render the opinion required by this paragraph.
(4) Each opinion required by paragraph (3) of this subsection shall be governed by the following provisions:
(A) A memorandum shall be prepared to support each actuarial opinion; and
(B) If the insurer fails to provide a supporting memorandum at the request of the Com missioner within a period specified by regulations as provided in subsection (1) of this Code section or the Commissioner determines that the supporting memorandum provided by the insurer fails to meet the standards prescribed by such regulations, the Commissioner may engage a qualified actuary at the expense of the insurer to review the opinion and the basis for the opinion and prepare such supporting memorandum as is required by Commissioner.
(5) Every opinion issued pursuant to this subsection shall be governed by the following provisions:
(A) The opinion shall be submitted with the annual statement reflecting the valuation of such reserve liabilities for each year ending on or after December 31, 1994;
(B) The opinion shall apply to all business in force, including individual and group health insurance plans;
(C) The opinion shall be based on standards adopted from time to time by the Actua rial Standards Board and on such additional standards prescribed by regulations as pro vided in subsection (1) of this Code section;
(D) In the case of an opinion required to be submitted by a foreign or alien insurer, the Commissioner may accept the opinion filed by that insurer with the insurance supervisory official of another state if the opinion reasonably meets the requirements applicable to an insurer domiciled in this state;
(E) For the purposes of this subsection, 'qualified actuary' means a member in good standing of the American Academy of Actuaries who meets the requirements set forth in the regulations of such academy;
(F) Except in cases of fraud or willful misconduct, the qualified actuary shall not be liable for damages to any person, other than the insurer or the Commissioner, for any act, error, omission, decision, or conduct with respect to the actuary's opinion;
(G) Disciplinary action by the Commissioner against the insurer or the qualified actuary shall be as defined in regulations as provided in subsection (1) of this Code section; and
(H) Any memorandum in support of the opinion and any other material provided by the insurer to the Commissioner in connection therewith shall be kept confidential by the Commissioner and shall not be made public and shall not be subject to subpoena, other than for the purpose of defending an action seeking damages from any person by reason of any action required by this subsection or by regulations promulgated pursuant to this sub section; provided, however, that the memorandum or other material may otherwise be re leased by the Commissioner with the written consent of the insurer or to the American

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Academy of Actuaries upon request stating that the memorandum or other material is re quired for the purpose of professional disciplinary proceedings and setting forth procedures satisfactory to the Commissioner for preserving the confidentiality of the memorandum or other material. Once any portion of the confidential memorandum is cited by the insurer in its marketing materials or is cited before any governmental agency other than a state insur ance department or is released by the insurer to the news media, all portions of the memo randum shall be no longer confidential."
Section 2. Said title is further amended by striking the undesignated language immedi ately following subparagraph (d)(2)(E) of Code Section 33-10-13, relating to the valuation of reserves for life insurance policies, and inserting in its place the following:
"After July 1, 1973, any insurer may file with the Commissioner a written notice of its election to comply with this paragraph after a specified date before January 1, 1979, which shall be the operative date of this paragraph for such insurer, provided that on insurer may elect a different operative date for individual annuity and pure endowment eontraeta from that elected for group annuity and pure endowment contracts. If if an insurer makes no such election, the operative date of this paragraph for such insurer shall be January 1, 1979."
Section 3. Said title is further amended by striking paragraph (3) of subsection (d) of Code Section 33-10-13, relating to the valuation of reserves for life insurance policies, and inserting in its place a new paragraph (3) to read as follows:
"(3) The interest rates used in determining the minimum standard for the valuation of:
(A) All life insurance policies issued in a particular calendar year, on or after the opera tive date of subsection (e) of Code Section 33-25-4;
(B) All individual annuity and pure endowment contracts issued in a particular calen dar year on or after January 1, 1080 1994;
(C) All annuities and pure endowments purchased in a particular calendar year on or after January 1, 1083 1994, under group annuity and pure endowment contracts; and
(D) The net increase, if any, in a particular calendar year after January 1, 1083 1994, in amounts held under guaranteed interest contracts shall be the calendar year statutory valuation interests rates as defined in paragraphs (4) through (7) of this subsection."
Section 4. Said title is further amended by striking subsection (i) of Code Section 3310-13, relating to the valuation of reserves for life insurance policies, and inserting in its place a new subsection (i) to read as follows:
"(i) An insurer who at any time had adopted any standard of valuation producing greater aggregate reserves than those calculated according to the minimum standard pro vided for in subsection (g) of this Code section may, with the approval of the Commissioner, adopt any lower standard of valuation but not lower than the minimum provided in this subsection; provided, however, that for the purposes of this subsection, the holding of addi tional reserves previously determined by a qualified actuary to be necessary to render the opinion required by subsection (b.l) of this Code section shall not be deemed to be the adoption of a higher standard of valuation."
Section 5. Said title is further amended by adding a new subsection (1) of Code Section 33-10-13, relating to the valuation of reserves for life insurance policies, to read as follow:
"(1) The Commissioner shall promulgate a regulation containing the minimum stan dards applicable to the valuation of accident and sickness and disability plans and shall promulgate a regulation to implement subsection (b.l) of this Code section. Such regula tions shall conform to national standards as set by the National Association of Insurance Commissioners."
Section 6. Said title is further amended by striking subsection (c) of Code Section 33-

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24-46, relating to the cancellation or nonrenewal of certain property insurance policies, and inserting in its place a new subsection (c) to read as follows:
"(c) (1) No notice of cancellation of a policy as to which this Code section applies shall be effective unless mailed or delivered as prescribed in Code Section 33-24-44. The insurer shall provide the reason or reasons for such cancellation as required by Chapter 39 of this title.
(2) After coverage under a policy to which this Code section applies has been in effect more than 60 days or after the effective date of a renewal policy to which this Code section applies, a notice of cancellation may be issued only for one or more of the following reasons:
(A) Nonpayment of premium;
(B) Discovery of fraud, concealment of material fact, or material misrepresentation made~by or with the knowledge of the insured in obtaining the policy, continuing the policy, or presenting a claim under the policy;
(C) The occurrence of a change in the risk which substantially increases any hazard the policy insures against; or
(D) The insured violates any of the material terms or conditions of the policy."
Section 7. Said title is further amended by striking in its entirety Code Section 33-25-8, relating to the right of a person to return a policy or contract of life insurance and receive a premium refund, and inserting in its place a new Code Section 33-25-8 to read as follows:
"33-25-8. (a) Every individual life insurance policy or contract issued for delivery in this state on or after July 1, 1979, except those issued in connection with a credit transaction, shall have printed on or attached to the contract a notice stating in substance that the person to whom the policy or contract is issued shall be permitted to return the policy or contract within ten days after receipt thereof and to have the premium paid refunded if, after examination of the policy or contract, the purchaser is not satisfied with it for any reason.
(b) If the purchaser, pursuant to such notice, returns the policy or contract to the in surer at its home or branch office or to the agent through whom it was purchased, it shall be void from the beginning and the parties shall be in the same position as if no policy or contract had been issued.
(c) Without limiting any other method of returning a policy or contract under this Code section, it shall be prima-facie evidence of the fact and date of return of a policy or contract if the policy or contract is dispatched by certified mail to the insurer or agent, as provided in this Code section, and a return receipt provided by the United States Postal Service is obtained.
(d) a person shall be deemed to have received a policy or contract for purposes of sub section (a) of this Code section if there has elapsed a period of six months from the effective date of the policy or contract or if there has elapsed a period of time from the effective date of the policy or contract during which there have been sent to the person two premium notices or other such statements of policy or contract activity, whichever period is longer."
Section 8. All laws and parts of laws in conflict with this Act are repealed.

Senator Ray of the 19th moved that the Senate agree to the House substitute to SB 230.

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 Brown of 26th Burton

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Cheeks Clay Coleman Crotts
E av iTjan g * Farrow Garner Gillis Glanton Gochenour 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 Starr Taylor Thomas Turner Tysinger Walker

Those not voting were Senators:

Broun of 46th Dawkins Harbison (excused)

Langford of 35th Parrish

Scott Thompson

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 230.

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

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 House amendment was as follows:

Amend SB 117 by adding between lines 8 and 9 of page 3 a new Section 3 to read as follows:
"Section 3. Said part if further amended by striking subsection (a) of Code Section 126-54, relating to licenses and reciprocity for nonresidents and others, and inserting in its place a new subsection (a) to read as follows:
'12-6-54. (a) Any nonresident of Georgia of any person who has been a rcaidcnt of Geor gia for leaa than six months and who haa been person who is licensed as a registered forester under the laws of another state may be licensed and registered under the laws of Georgia by reciprocity without having to qualify under the other provisions of this part, subject to the following conditions:
By redesignating Section 3 on line 9 of page 3 as Section 4.
By redesignating Section 4 on line 12 of page 3 as Section 5.

Senator Gillis of the 20th moved that the Senate agree to the House amendment to SB 117.

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1573

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

Those not voting were Senators:

Broun of 46th Dawkins

Harbison (excused) Langford of 35th

Parrish

On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 117.

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

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 amendment was as follows:
On page 2, line 4, delete "Governor" and substitute "Speaker of the House and Lt. GLot"v.ernor", and on line 8, between "the" and "Governor", add "Speaker of the House and

Senator Brown of the 26th moved that the Senate disagree to the House amendment to SB 73.
On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate disagreed to the House amendment to SB 73.

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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 7:16 o'clock P.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

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1575

Senate Chamber, Atlanta, Georgia Wednesday, March 17, 1993
Thirty-eighth Legislative Day
The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.
Senator 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 adopted by the requisite constitutional majority the following resolution of the Senate:
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 House has adopted, by substitute, by the requisite constitutional majority the fol lowing resolutions of the Senate:
SR 156. By Senators Oliver of the 42nd, Edge of the 28th, Robinson of the 16th and others: A resolution creating the Ellis G. Arnall Tribute Commission.
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.
The House has passed by the requisite constitutional majority the following bill of the Senate:
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 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 House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:
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

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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 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.
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.
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 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.
The Speaker has appointed on the part of the House, Representatives Walker of the 141st, Coleman of the 142nd and Buck of the 135th.
The following resolutions of the Senate were introduced, read the first time and re ferred to committees:
SR 313. By Senators Thompson of the 33rd, Marable of the 52nd, Robinson of the 16th and Garner of the 30th: A resolution creating the Senate Study Committee on Children At Risk.
Referred to Committee on Rules.
SR 319. By Senator Bowen of the 13th: A resolution urging the Board of Public Safety to review certain career concerns of personnel in the Uniform Division of the Department of Public Safety.
Referred to Committee on Public Safety.
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Judiciary has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 486. Do pass.

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1577

HB 755.

Do pass by substitute. Respectfully submitted, Senator Oliver of the 42nd District, Chairman

Mr. President:

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

SR 18. Do pass. SR 216. Do pass. SR 292. Do pass. SR 295. Do pass.

HR 91. HB 170. HR 242. HR 427.

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

Respectfully submitted,

Senator Hooks of the 14th 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 39. Do pass as amended.
Respectfully submitted,
Senator Hooks of the 14th District, Chairman

Mr. President:

The Committee on Governmental Operations 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 802. Do pass.
Respectfully submitted,
Senator Alien of the 2nd District, Chairman

Mr. President:

The Committee on Defense and Veterans Affairs has had under consideration the fol lowing bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
HB 113. Do pass.
Respectfully submitted,
Senator Harbison of the 15th District, Chairman

Mr. President:

The Committee on Finance and Public Utilities has had under consideration the follow-

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ing bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 66. Do pass by substitute. 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 bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 920. Do pass by substitute. Respectfully submitted, Senator Walker of the 22nd District, Chairman
Mr. President:
The Committee on Public Safety has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 690. Do pass as amended. Respectfully submitted, Senator Bowen of the 13th District, Chairman
Mr. President:
The Committee on Reapportionment 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 964. Do pass by substitute. Respectfully submitted, Senator Blitch of the 7th 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 768. Do pass. HB 781. Do pass by substitute.
Respectfully submitted, Senator Huggins of the 53rd 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 680. Do pass. HB 686. Do pass as amended.

WEDNESDAY, MARCH 17, 1993

1579

HB 712. 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 and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 391. Do pass. SB 392. Do pass.

HB 1002. Do pass. HB 1003. Do pass.

HB 876. Do pass.

HB 1004. Do pass.

HB 911. Do pass. HB 946. Do pass.

HB 1013. Do pass. HB 1014. Do pass.

HB 960. HB 961. HB 982. HB 985. HB 987. HB 990. HB 991. HB 1001.

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

HB 1015. HB 1016. HB 1022. HB 1049. HB 1050. HB 1051. HB 1052. HR 197.

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

Respectfully submitted,

Senator Thompson of the 33rd District, Chairman

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

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.

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.

SR 292. By Senators Abernathy of the 38th, Dawkins of the 45th, Ralston of the 51st and Alien of the 2nd:
A resolution creating the Senate Sunshine in Litigation Study Committee.

SR 295. By Senator Thompson of the 33rd: A resolution designating Child Nutrition Employee Appreciation Day.

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.

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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 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.
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 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 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.
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 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 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.

WEDNESDAY, MARCH 17, 1993

1581

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.
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.
HR 91. By Representatives Dover of the 9th, Murphy of the 18th, Coleman of the 142nd and others: A resolution re-creating the Joint Study Commission on Revenue Structure.
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.
HR 427. By Representatives Murphy of the 18th, Connell of the 115th, Walker of the 141st and others: A resolution to provide for the nomination and election of the state auditor.
SR 39. By Senators Slotin of the 39th and Scott of the 36th: A resolution creating the Senate Study Committee on Year-Round Education.
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.
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.
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 Egan Farrow Glanton Gochenour

Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 29th

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Marable Middleton Newbill x3.rns.ri Perdue Pollard Ragan of llth

Ragan of 32nd Ralston Ray Robinson Scott Slotin

Starr Taylor Thomas Thompson Turner Tysinger

Those not answering were Senators:

Abernathy Alien Dawkins Edge

Garner Gillis Langford of 35th

Madden Oliver Walker

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

Senator Glanton of the 34th introduced the chaplain of the day, Reverend Gene Evans, pastor of Believers Church, Douglasville, Georgia, who offered scripture reading and prayer.

Senator Madden of the 47th filed the following statement with the Secretary:

"To whom it may concern:

I was in the hall visiting with a district constituent concerning a local issue of impor tance and missed my roll call vote."

The following resolutions of the Senate were read and adopted:

SR 312. By Senators Parrish of the 43rd, Henson of the 55th, Scott of the 36th and Lang ford of the 35th:
A resolution recognizing the Ronald E. McNair Senior High School Band.

SR 314. By Senator Bowen of the 13th:
A resolution expressing a tribute to the memory of Sheriff Preston Lamar Whiddon.

SR 315. By Senator Broun of the 46th:
A resolution commending Mr. George W. West for his outstanding service as a member of Moose Lodge No. 1875.

SR 316. By Senator Hooks of the 14th:
A resolution commending and recognizing the 1992 Peach County High School Trojans football team.

SR 317. By Senator Hooks of the 14th: A resolution recognizing the Macon County High School wrestling team.

SR 318. By Senator Hooks of the 14th:
A resolution recognizing and commending the 1992 Macon County High School Bulldogs football team.

WEDNESDAY, MARCH 17, 1993

1583

SR 320. By Senator Pollard of the 24th:
A resolution in memory of John Pierce Blanchard, Sr.
SR 321. By Senators Hooks of the 14th, Robinson of the 16th, Garner of the 30th and others:
A resolution commending John D. (Dave) Humphreys.
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
Wednesday, March 17, 1993
THIRTY-EIGHTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 391 Isakson, 21st Thompson, 33rd Ragan, 32nd Clay, 37th Abernathy, 38th COBB COUNTY
Establishes a civil service system in Cobb County for persons receiving salary and wages from Cobb County; changes provisions for terms of office for mem bers of the board; expiration in odd-numbered years.
SB 392 Isakson, 21st Thompson, 33rd Ragan, 32nd Clay, 37th Abernathy, 38th COBB COUNTY
Creates a Board of Elections and Registration in Cobb County provides for members; residency requirements.
HB 876 Perdue, 18th Ray, 19th Gillis, 20th DODGE, PULASKI, WHEELER, BLECKLEY, TELFAIR & MONTGOM ERY COUNTIES
Provides for a local salary supplement to the compensation, expenses, and allowances for the judges of the superior courts of the Oconee Judicial Cir cuit.
HB 911 Harbison, 15th Robinson, 16th MUSCOGEE COUNTY
Provides for the Board of Education; reconstitutes; provides for elections; districts; appointment of school superintendent.

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HB 946 Walker, 22nd BURKE COUNTY Provides for salary supplement paid by Burke County to superior court judges of the Augusta Judicial Circuit.
HB 960 Baugh, 25th BALDWIN COUNTY Provides for Board of Education; election districts; changes composition.
HB 961 Baugh, 25th BALDWIN COUNTY Provides for the Board of Commissioners; election districts; changes composi tion.
HB 982 Gochenour, 27th UPSON COUNTY Creates the Thomaston-Upson County Office Building Authority; powers; clarifies and defines.
HB 985 Langford, 29th PIKE COUNTY Creates the Arts Facility Authority of Pike County; membership, powers, and duties.
HB 987 Gillis, 20th CITY OF TWIN CITY Changes the corporate limits; annexation of certain right-of-ways.
HB 990 Huggins, 53rd CITY OF MENLO Incorporates the City of Menlo; provides for mayor and council elections and terms.
HB 991 Taylor, 12th TERRELL COUNTY Provides for Board of Commissioners of Terrell County; new election dis tricts; terms; residency; bonds, oaths; vacancies.
HB 1001 Harbison, 15th Robinson, 16th MUSCOGEE COUNTY Changes compensation of Coroner.
HB 1002 Harbison, 15th Robinson, 16th MUSCOGEE COUNTY Columbus-Muscogee County Government; certain officials; employees; pro vides for salary supplement.
HB 1003 Harbison, 15th Robinson, 16th MUSCOGEE COUNTY Changes salary of Sheriff.

WEDNESDAY, MARCH 17, 1993

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HB 1004 Ragan, llth Taylor, 12th BAKER COUNTY
Provides for Board of Education; chairperson, members; compensation.

HB 1013 Langford, 29th SPALDING COUNTY
Provides for compensation for Probate Court Judge.

HB 1014 Langford, 29th SPALDING COUNTY
Provides for Water and Sewerage Facilities Authority; members, changes number to nine; provides for terms.

HB 1015 Bowen, 13th DOOLY COUNTY
Creates the Board of Commissioners; election districts; changes composition: election of successors; terms.

HB 1016 Bowen, 13th DOOLY COUNTY
Creates the Board of Education; election districts; changes composition; elec tion of successors; terms.

HB 1022 Walker, 22nd BURKE COUNTY
Provides for salary supplement from Burke County for superior court judges of the Augusta Judicial Circuit.

HB 1049 Alien, 2nd Kemp, 3rd LIBERTY COUNTY
Creates the Board of Elections; powers; duties; jurisdiction; provides for chairperson, clerical assistants, employees.

*HB 1050

Coleman, 1st Alien, 2nd CITY OF POOLER
Provides for corporate limits; creates new charter. (SUBSTITUTE)

HB 1051 Ralston, 51st CITY OF NELSON
Reincorporates City of Nelson; city council at-large elections; special meet ings; municipal court penalties.

HB 1052 Ralston, 51st CITY OF JASPER
Provides for a new charter for City of Jasper; extends corporate boundaries.

*HR 197 Abernathy, 38th Egan, 40th Glanton, 34th

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Langford, 35th Scott, 36th Slotin, 39th Newbill, 56th Oliver, 42nd CITY OF ATLANTA
Creates the City of Atlanta Charter Review Commission. (SUBSTITUTE)
The substitutes to the following bill and resolution were put upon their adoption:
*HB 1050:
The Senate Committee on Urban and County Affairs offered the following substitute to HB 1050:
A BILL
To be entitled an Act to amend an Act creating a new charter for the City of Pooler, approved March 31, 1976 (Ga. L. 1976, p. 3419), as amended, particularly by an Act ap proved May 6, 1992 (Ga. L. 1992, p. 7019), so as to change the corporate limits of the City of Pooler; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating a new charter for the City of Pooler, approved March 31, 1976 (Ga. L. 1976, p. 3419), as amended, particularly by an Act approved May 6, 1992 (Ga. L. 1992, p. 7019), is amended by adding at the end of Section 1.1 a new subsection (f) to read as follows:
"(f) The corporate limits of the City of Pooler shall also include the following parcel of land:
Commencing at a point where the northern right-of-way of U. S. Highway Number 80 intersects the center line of the proposed Pooler Bypass with Georgia State Plane, East Zone coordinates of N. 773139.7842, E. 934519.823 and going thence along said centerline N. 20-13'-19" E. a distance of 422.71' to a point; thence continuing along said center line along a curve to the right with a radius of 1432.39' a distance of 1000.11' to a point; thence contin uing along said centerline N. 60-13'-35" E. a distance of 597.84' to a point with Georgia State Plane, East Zone coordinates of N. 774581.509, E. 935817.6751; thence N. 24-31'-18" W. a distance of 110.92' to a point; said point being the point of beginning; thence N. 2146'-23" W. a distance of 808.11' to a point; thence N. 22-24'-43" W. a distance of 371.99' to a point; thence N. 24-38'-56" W. a distance of 2479.81' to a point; thence S. 89-20'-52" W. a distance of 842.59' to a point; thence N. 24-13'-08" W. a distance of 1142.81' to a point located 20' south of the south bank of the Pipe Maker Canal; thence N. 79-16'-39" E. a distance of 788.43' to a point; thence N. 80-43'-54" E. a distance of 877.83' to a point; thence along a curve to the right with a radius of 300' a length of 333.55' to a point; thence S. 35-33'-56" E. a distance of 127.64' to a point; thence S. 29-57'-18" E. a distance of 147.06' to a point; thence S. 32-38'-30" E. a distance of 338.81' to a point; thence S. 3708'-31" E. a distance of 210.81' to a point; thence S. 44-01'-.08" E. a distance of 291.61' to a point; thence S. 39-59'-10" E. a distance of 150.67' to a point; thence S. 32-23'-ll" E. a distance of 217.13' to a point; thence S. 31-18'-51" E. a distance of 813.63' to a point; thence N. 29-28'-05" E. a distance of 2,281.88' to a point; thence N. 54-46'-43" E. a dis tance of 3300.00' to a point; thence N. 84-46'-43" E. a distance of 2507.11' to a point on the west right-of-way of Interstate 95; thence continuing N. 84-46'-43" E. across Interstate Highway #95 a distance of 366' to a point on the east right-of-way of Interstate Highway #95; thence following the east right-of-way of Interstate Highway #95 to the south approxi mately 2200' to a point; thence S. 58-22'-14" W. a distance of 790' to a point on the

WEDNESDAY, MARCH 17, 1993

1587

west right-of-way of Interstate Highway #95; thence continuing S. 58-22'-14" W. a distance of 587.27' to a point; thence N. 85-54'-33" W. a distance of 3121.77' to a point; thence S. 07-36'-45" E. a distance of 2667.24' to a point; thence S. 22-55'-50" E. a distance of 1581.22' to a point; thence S. 41-16'-42" W. a distance of 908.27' to a point; thence N. 8544'-18" W. a distance of 622.28' to a point; thence S. 88-45'-22" W. a distance of 732.71' to a point; thence N. 59-00'-53" W. a distance of 589.85' to a point; thence S. 66-15'-22" W. a distance of 367.99' to a piont; thence N. 71-48'-23" W. a distance of 1,359.31' to a point; said point being the point of beginning.
Section 2. This Act shall become 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 yeas were 48, nays 0, and the substitute was adopted.
*HR 197:
The Senate Committee on Urban and County Affairs offered the following substitute to HR 197:
A RESOLUTION
Creating the City of Atlanta Charter Review Commission; and for other purposes.
WHEREAS, it has been 20 years since enactment of the current charter of the City of Atlanta; and
WHEREAS, there have been numerous amendments to this charter in the intervening period; and
WHEREAS, the city has experienced tremendous changes in this period, including shifts in population, increased demand for governmental services, and an erosion of the city's tax base; and
WHEREAS, a careful and considered review of the city's charter and the current and future needs of the citizens of the City of Atlanta is greatly needed.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the City of Atlanta Charter Review Commission to be composed of 27 members who shall be selected as follows: (1) The members of the House of Representatives elected from Districts 45 through 54, 56, 57, 67, 68, and 69 shall, by majority vote, elect six members of the commission, two of whom shall be selected from among their own number and four of whom shall be residents and qualified voters of the City of Atlanta but who shall not hold any other elected or appointed public office. It shall be the duty of the Speaker of the House of Representatives to call a meeting of the Repre sentatives specified above for the purpose of electing members to the commission; (2) The members of the Senate elected from Districts 10, 35, 36, 38, 39, 40, 42, and 55 shall, by majority vote, elect six members of the commission, two of whom shall be from among their own number and four of whom shall be residents and qualified voters of the City of Atlanta but who shall not hold any other elected or appointed public office. It shall be the duty of the President of the Senate to call a meeting of the Senators specified above for the purpose of electing members to the commission; (3) The mayor of the City of Atlanta shall appoint four members of the commission, two of whom may be selected from among the elected officials of the City of Atlanta or from the House and Senate legislative delegation and the remainder of whom shall be residents and qualified voters of the City of Atlanta but who shall not hold any other elected or appointed public office; (4) The members of the Atlanta City Council shall, by majority vote, elect ten members of the commission, four of whom shall be from among their own number, one of the four being the President of the City Council or a designee, and six of whom shall be residents and qualified voters of the City of Atlanta, one of the six being a resident and qualified voter of that portion of the City of

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Atlanta located in DeKalb County, provided that none of the six shall hold any other elected or appointed public office; (5) The Board of Education of the City of Atlanta shall, by majority vote, elect to the commission two of their own and the Superintendent of the Atlanta City School System or a designee and two persons who shall be residents and quali fied voters of the City of Atlanta and who shall have at least one child who is enrolled in the public schools of the City of Atlanta School District but who shall not hold any other elected or appointed public office.
Vacancies in the commission shall be filled in the same manner as original members were selected, by the original selecting authority.
BE IT FURTHER RESOLVED that all members of the commission shall be appointed not earlier than January 1, 1994. It shall be the duty of the mayor to call the organizational meeting of the commission which shall be held not later than April 1, 1994, at which time the commission shall, by majority vote, elect from its own membership a chair and such other officers as the commission deems desirable. The commission shall be authorized to adopt its own rules of procedure, including establishment of a quorum for the election of other officers and the transaction of business and adoption of bylaws, rules, and regulations and shall meet at such times and places as the commission chair determines.
BE IT FURTHER RESOLVED that the commission shall be authorized to study any matters relative to the government of the City of Atlanta and the charter of said city in order to determine the best method to govern the citizens of Atlanta and to deliver services to residents of said city effectively and efficiently.
BE IT FURTHER RESOLVED that all branches, agencies, and offices of the govern ment of the City of Atlanta shall cooperate fully with and assist the commission in its ef forts. To the extent possible, the commission shall utilize city office space, supplies, and equipment. The Office of the City Attorney shall provide any staff or other assistance re quired by the commission.
BE IT FURTHER RESOLVED that the commission shall hold a minimum of five pub lic hearings in geographically diverse locations within the city for the purpose of receiving comments, suggestions, and criticism. The time and place of such meetings shall be pub lished at least one week in advance in a newspaper of general circulation in Fulton County. The hearings shall be completed not later than October 15, 1995.
BE IT FURTHER RESOLVED that all members of the commission shall serve without compensation from public funds but may be reimbursed from public funds for expenses incurred by such members in carrying out their duties under this resolution.
BE IT FURTHER RESOLVED that the commission shall submit a report of its find ings and recommendations and its proposals for specific revisions to the charter of the City of Atlanta to those members of the General Assembly whose Senatorial or Representative Districts lie wholly or partially within the City of Atlanta, to the Mayor and City Council, and to any other interested officials not later than December 1, 1995, on which date the commission shall stand abolished.

On the adoption of the substitute, the yeas were 48, nays 0, and the substitute was adopted.

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 Blitch

Boshears Broun of 46th

WEDNESDAY, MARCH 17, 1993

1589

Brown of 26th Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Egan Farrow Garner Gillis Glanton

Gochenour Harbison Hemmer Henson 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 Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Bowen Edge

Hill Langford of 35th Parrish

Thomas Walker

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

All the bills on the Senate Local Consent Calendar, except HB 1050 and HR 197, hav ing received the requisite constitutional majority, were passed.

HB 1050 and HR 197, having received the requisite constitutional majority, were passed by substitute.

SENATE RULES CALENDAR
Wednesday, March 17, 1993
THIRTY-EIGHTH LEGISLATIVE DAY
HB 333 Juvenile Court, Child Abuse Records--school counselor access (Amendment) (Judy-37th)
(Pursuant to Senate Rule 143, final passage of the bill was suspended on March 16, 1993.)
HB 811 Workers' Compensation Insurance--reduced premium if drug-free workplace (Substitute) (I&L--16th)
(Pursuant to Senate Rule 143, final passage of the bill was suspended on March 16, 1993.)
HB 322 Certain Department of Human Resources Cases--hearing officers (Substitute) (H&HS--55th)
(Pursuant to Senate Rule 143, final passage of the bill was suspended on March 16, 1993.)
HB 844 Inmate Production of Goods--sale to certain private contractors (Amendment) (Corr--4th)
HB 787 House Districts--change composition (Amendment) (Reappor--7th)
HB 409 Dental Hygienist--temporary license to practice (H&HS--2nd)
HB 593 Ambulance License--fees deposited into Indigent Care Trust Fund (H&HS--22nd)
HB 784 Motor Vehicle Tag Agents--collect sales tax on vehicle casual sales (Substitute) (F&PU--18th)

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HB 718 Education Enrollment Counts--which courses counted (Ed--55th)
HB 719 "911" Telephone System--military base in local government definition (Amend ment) (ST&I--50th)
SR 19 Senate Committee to Study Check Dams for Altamaha, Other Rivers--create (Rules--19th)
HB 710 Probate Court Judges--raise minimum annual salary (Amendment) (Judy--4th)
HB 660 Vehicle Loads--maximum length allowed on unprocessed forest products (Trans--20th)
HB 678 Unemployment Workers' Compensation--exclude certain contract carriers (Amendment) (I&L--21st)
HB 842 Vital Records--reporting spontaneous fetal deaths (H&HS--55th)
HB 140 Torts--liabilities of roller skating centers (Judy--42nd)
HB 523 Commercial Real Estate Broker Lien Act--provide (Substitute) (Judy--16th)
HB 751 Uniform Conservation Easements--manner which may be altered (Trans--1st)
HB 395 Uniform Commercial Code--leases (Judy--37th)
HB 264 Corporations/Partnerships--limited liability companies (Judy--42nd)
HB 491 Respiratory Care Practices Act--powers of Composite Board of Medical Examin ers (H&HS--9th)
HB 410 Hearing Aid Dispenser--applications for examination (H&HS--10th)
HB 421 Horticultural Growing Media--regulation (Amendment) (Ag--50th)
HB 385 Revenue and Taxation--withholding tax on property transfer, certain nonresi dents (Substitute) (F&PU--44th)
HB 972 General Assembly--subpoena issuance on behalf of Ethics Committees (Amend ment) (Ethics--16th)
HR 332 Joint Commission on Legislative Information Management--create (Rules--31st)
HB 292 Amateur Radio Operator Special License Plates--one free plate (ST&I--19th)
HB 704 License Replacement--change of name, address (Pub Saf--31st)
HB 941 Upper Savannah River Development Authority Act--membership, jurisdiction (EDT&C--47th)
HB 836 Atlanta Traffic Court--additional penalties for certain violations (U&CA G--33rd)
HB 797 Payment of Federal Manufacturer's Tax Under Contract--time of payment (Substitute) (F&PU--18th)
HB 384 Withholding Tax--certain distributions by partnerships, certain corporations, etc. (Substitute) (F&PU--16th)
HB 870 Inmate Assailing Law Officer With Intent of Bodily Injury--mutiny (S Judy--40th)
HB 885 Music Hall of Fame Authority--compensation (EDT&C--26th)
HB 261 Child Support--conditions for withholding of wages (Substitute) (Judy--42nd)
HB 556 Covenants Running With The Land--repeal certain continuing requirements (Judy--40th)
HR 400 Dick Lane Bridge--designate (Substitute) (Trans--35th)
HB 280 Purchasing Department, Certain Counties--bidder responsibility (Substitute) (U&CA G--33rd)
SR 252 Senate Storm-Water Pollution Study Committee--create (Rules--49th)

WEDNESDAY, MARCH 17, 1993

1591

HR 330 Amtrak Resumption of Service Between Chicago & Florida--endorse (Substi tute) (Trans--1st)
Respectfully submitted,
/s/ 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 16, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage:

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.
Senate Sponsor: Senator Clay of the 37th.

The amendment offered by Senator Clay of the 37th to HB 333 on March 16, as it appears in the Journal of March 16, was automatically reconsidered and put upon its adoption.

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 Baugh Blitch Boshears Bowen Broun of 46th B_Bruorwtonn of 26th Cheeks Clay
Coleman Crotts Dawkins
Dean
Farrow Garner

Gillis Glanton Gochenour Harbison Hemmer Henson Hill HTHTuogogkms s Isakson Kemp
Langford of 29th Madden Marable
Middleton
Newbill Oliver

Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston R rK,,> ofb.m.- son ftt | otm
btarr Taylor Thompson
Turner
Tysinger Walker

Those not voting were Senators:

Abernathy Day

Edge Egan

Langford of 35th Thomas

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

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

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

Those voting in the affirmative were Senators:

Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dean Egan Farrow

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

Abernathy Dawkins Day Edge

Garner Glanton Hill

Langford of 35th Oliver Robinson

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

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

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

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.

Senator Scott of the 36th moved that the Senate insist upon the Senate substitute to HB 300.

On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 300.

WEDNESDAY, MARCH 17, 1993

1593

The following general bill of the House, having been read the third time and final ac tion suspended on March 16, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage:

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.
Senate Sponsor: Senator Robinson of the 16th.

The substitute to HB 811 offered by Senators Robinson of the 16th and Pollard of the 24th on March 16, as it appears in the Journal of March 16, was automatically reconsidered and put upon its adoption.

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

The President announced that since the substitute to HB 811 offered by Senators Robinson of the 16th and Pollard of the 24th was adopted, the four amendments offered by the Senate Committee on Insurance and Labor to HB 811 on March 16, as they appear in the Journal of March 16, became moot.

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

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

Those not voting were Senators:

Abernathy Edge

Langford of 35th Ragan of 32nd

Thompson

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

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

The following resolution of the Senate was read and adopted:

SR 12. By Senators Taylor of the 12th and Garner of the 30th: A resolution commending Mr. Lewis M. Grizzard, Jr.

Senator Taylor of the 12th introduced Mr. Lewis Grizzard, Jr., who briefly addressed the Senate.

The following general bill of the House, having been read the third time and final ac tion suspended on March 16, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage:

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.
Senate Sponsor: Senator Henson of the 55th.

The substitute to HB 322 offered by Senator Walker of the 22nd on March 16, as it appears in the Journal of March 16, was automatically reconsidered and put upon its adoption.

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

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

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

Those voting in the affirmative were Senators:

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

Garner Gillis Gochenour
Harbison Hemmer Henson mU
Hookg u"uf1 M Isakson
Kemp Langford of 29th Madden Marable Middleton Newbill Oliver

Parrish Perdue Pollard
Ragan of llth Ragan of 32nd Ralston D
Robinson oSco^tt Slotin
Starr Taylor Thomas Thompson Turner Tysinger Walker

WEDNESDAY, MARCH 17, 1993

1595

Those not voting were Senators:

Dawkins Farrow

Glanton

Langford of 35th

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

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

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

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.

The House amendment was as follows:

Amend SB 130 by inserting between the words "veterinarian's" and "file" on line 15 of page 2 the following:
"or operator's".
By striking all matter from lines 20 and 21 of page 2 and inserting the following:
"animal or pet over to any humane society or dog pound animal shelter or other such facility, or destroying the".
By adding after the period on line 22 of page 2 the following:
"Where no such shelter facility exists within a 50 mile radius of the veterinarian or operator of a facility's place of business and the veterinarian or operator has been unable to sell or give the animal away, then the veterinarian or operator is authorized to euthanize the animal in a humane manner."

Senator Egan of the 40th moved that the Senate agree to the House amendment to SB 130.

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 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

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Perdue Pollard Ragan of llth Ragan of 32nd
Ralston

Ray Robinson Scott Slotin
Starr

Taylor Thompson
Turner Tysinger

Those not voting were Senators:

Clay

Thomas

Walker

On the motion, the yeas were 53, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 130.

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

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.

Senator Dawkins of the 45th moved that the Senate adhere to the Senate substitute to HB 259, and that a Conference Committee be appointed.

On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 259.

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.

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

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 House substitute to SB 275 was as follows:

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 short title; to define certain terms; to proscribe the dumping of waste in certain places; to provide penalties; to provide an effective date; to provide for a rebuttable presumption; 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. 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

WEDNESDAY, MARCH 17, 1993

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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 are not waste as such term is defined in paragraph (6) of Code Section 16-7-51."
Section 2. Said article is further amended by inserting at the end thereof the following:
"Part3
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 10 pounds in weight or 15 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.
16-7-53. (a) Any person who dumps waste in violation of Code Section 16-7-52 in an amount not exceeding 500 pounds in weight or 100 cubic feet in volume which is not bi omedical waste, hazardous waste, or a hazardous substance and not for commercial purposes shall be guilty of a misdemeanor of a high and aggravated nature. For purposes of this subsection, each day a continuing violation occurs shall constitute a separate violation.
(b) Any person who dumps waste in violation of Code Section 16-7-52 in an amount exceeding 500 pounds in weight or 100 cubic feet in volume shall upon the first offense be guilty of a misdemeanor of a high and aggravated nature and shall upon the second and

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each subsequent offense 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 constitute a separate violation.
(c) Any person who dumps waste in violation of Code Section 16-7-52 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 (a) and (b) of this Code section, the court may order the violator to remove or render harmless any waste dumped in viola tion of Code Section 16-7-52, repair or restore property damaged by or pay damages result ing 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.
16-7-54. Whenever any waste which is dumped in violation of Code Section 16-7-52 is discovered to contain any article or articles, including but not limited to letters, bills, publi cations, or other writings which display the name of a person thereon, addressed to such person or in any other manner indicating that the article belongs or belonged to such per son, it shall be a rebuttable presumption that such person has violated this part.
16-7-55. Nothing in this part shall limit the authority of any sate agency to enforce any other laws, rules, or regulations relating to waste or the management of solid, biomedical, or hazardous waste.
16-7-56. Nothing in this part 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.

Senator Gillis of the 20th moved that the Senate agree to the House substitute to SB 275.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Broun of 46th Burtn Cheeks CCloalyeman
Dean Edge Egan
Farrow Garner Gillis

Gochenour Harbison Hemmer Henson Hill Hooks Huggms IKsaekmspon
Langford of 35th Langford of 29th Madden
Marable Middleton Newbill

Parrish Perdue Pollard Ragan of llth R^ of 32nd 1^]^ j. _Rob_i.nson
btarr Taylor Thomas
Thompson Turner Tysinger

Voting in the negative was Senator Day.

WEDNESDAY, MARCH 17, 1993

1599

Those not voting were Senators:

Alien Baugh Bowen Brown of 26th

Crotts Dawkins Glanton Oliver

Scott Slotin Walker

On the motion, the yeas were 44, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 275.

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

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.
Senate Sponsor: Senator Hill of the 4th.

The Senate Committee on Corrections offered the following amendment:

Amend HB 844 by adding in the title on line 6 of page 1 between the word "sale" and the word "to" the following:
"to a private primary or secondary school or".
By adding on line 25 of page 1 between the word "universities" and the semicolon the following:
"or private primary and secondary schools".

On the adoption of the amendment, the yeas were 37, nays 3, 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 Bowen Broun of 46th Brown of 26th 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

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JOURNAL OF THE SENATE

Ragan of 32nd Ralston Ray
Robinson

Starr Thomas Thompson

Turner Tysinger Walker

Those voting in the negative were Senators:

Boshears

Burton

Egan

Those not voting were Senators:

Abernathy Scott

Slotin

Taylor

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

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

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.
Senate Sponsor: Senator Blitch of the 7th.

The Senate Committee on Reapportionment offered the following amendment:

Amend HB 787 by adding between lines 17 and 18 of page 31 the following:
"VTD: 0010 2-0010 (Part) Tract: 0101. Block(s): That portion of Block 901G which lies south and west of Georgia State Highway 144 and Georgia State Highway 119"

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 Broun of 46th Burton 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 Ragan of llth Ragan of 32nd Ralston

WEDNESDAY, MARCH 17, 1993

1601

Ray Slotin Starr

Thomas Thompson Turner

Tysinger Walker

Voting in the negative was Senator Cheeks.

Those not voting were Senators:

Abernathy Bowen Brown of 26th

Garner Pollard Robinson

Scott Taylor

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

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

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.
Senate Sponsor: Senator Alien of the 2nd.

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

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

Those voting in the affirmative were Senators:

Alien Baugh Blitch Boshears
Bowen Broun of 46th Brown of 26th ^rto, n CQheeks
Coleman Crotts j) ay Dean Edge Egan Farrow Garner

Gillis Glanton Gochenour Harbison
Hemmer Henson mu Hooks uHuggm s
Isakson KemP Langford of 35th Langford of 29th Madden Marable Middleton Newbill

Oliver Parrish Perdue Pollard
Ragan of llth Ragan of 32nd Ralston Ray rR> obu-inson
Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Balfour

Dawkins

Scott

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

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

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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.
Senate Sponsor: Senator Walker of the 22nd.

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

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

Those voting in the affirmative were Senators:

Abernathy Baugh Bowen Broun of 46th Brown of 26th Cheeks Clay Coleman Dawkins Day Dean Edge Egan Farrow Garner Glanton

Gochenour Harbison Hemmer Henson 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 Taylor Thompson Turner Tysinger Walker

Those voting in the negative were Senators:

Balfour Blitch Boshears

Burton Crotts

Gillis Huggins

Not voting were Senators Alien and Thomas.

On the passage of the bill, the yeas were 47, nays 7.

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

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.
Senate Sponsor: Senator Perdue of the 18th.

WEDNESDAY, MARCH 17, 1993

1603

The Senate Committee on Finance and Public Utilities offered the following substitute to HB 784:

A BILL
To be entitled an Act 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 author ize the state revenue commissioner to designate tag agents for the purpose of accepting certain applications and collecting certain sales and use tax; to provide for compensation; 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 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by striking Code Section 40-2-23, relating to the designation of tag agents, and inserting in its place a new Code Section 40-2-23 to read as follows:
"40-2-23. (a) The tax collectors of the various counties of this state and the tax commis sioners of those" counties in which the duties of the tax collector are performed by a tax commissioner arc made shall be designated as tag agents of the commissioner for the pur pose of accepting applications for the registration of vehicles.
(b) The commissioner is authorized to further designate each such tag agent as a sales tax agent for the purpose of collecting sales and use tax with respect to the casual sale or casual use of a motor vehicle. For purposes of this Code section, 'casual sale' or 'casual use' means the sale of a motor vehicle by a person who is not regularly or systematically engaged in making retail sales of motor vehicles and the first use, consumption, distribution, or stor age for use or consumption of such motor vehicle purchased through a casual sale. As per sonal compensation for services rendered to the Department of Revenue with respect to the collection of such sales and use tax, each such designated tag agent shall be authorized to retain from such collection a fee of $200.00 per month. In any month in which an insuffi cient amount of such tax is collected to pay such fee, the amount of any such unpaid fee may be deferred until such month as sufficient collections are made. Such compensation shall be in addition to any other compensation to which such tax collector or tax commis sioner is entitled.
(c) The duties and responsibilities of seh agents of the commissioner designated under this Glide section shall be a part of the official duties and responsibilities of the county tax collectors and tax commissioners."
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 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 Bowen Broun of 46th

Cheeks Coleman Crotts Dean Egan

Farrow Garner Gillis Harbison Hemmer

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Henson Hill Hooks Kemp Langford of 35th Madden Marable Middleton

Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd
Ray Robinson

Scott Slotin Starr Thomas Turner Tysinger Walker

Those voting in the negative were Senators:

Blitch Boshears Brown of 26th Burton Clay

Day Edge ,,* Glanton Gochenour

Huggins Isakson Newbill Ralston

Those not voting were Senators:

Abernathy Dawkins Day

Edge Langford of 29th

Taylor Thompson

On the passage of the bill, the yeas were 38, nays 11.

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

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

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 House amendment was as follows:

Amend SB 97 by striking from line 23 of page 2 the following: "$6,999.00", and inserting in lieu thereof the following: "$1,499.99". By striking lines 27 through 32 of page 2 and inserting in lieu thereof the following: be". "regulation as shall be made by the county authority. Purchase of $1,499.99 or less may

Senator Slotin of the 39th moved that the Senate agree to the House amendment to SB 97.
On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 97.

WEDNESDAY, MARCH 17, 1993

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The following bill of the House was taken up for the purpose of considering the House action thereon:
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.
Senator Pollard of the 24th moved that the Senate adhere to the Senate amendment to HB 206, and that a Conference Committee be appointed.
On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate adhered to the Senate amendment to HB 206.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Pollard of the 24th, Bowen of the 13th and Cheeks of the 23rd.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
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.
Senate Sponsor: Senator Henson of the 55th.
Senator Perdue of the 18th offered the following amendment:
Amend HB 718 by striking lines 1 through 3 of page 1 and inserting in their place the following:
"To amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the 'Quality Basic Education Act,' so as to change the provisions relating to which courses may be counted for enrollment purposes; to change the provisions relating to duty-free lunch periods for teachers; to repeal".
By striking lines 6 through 8 of page 1 and inserting in their place the following:
"Section 1. Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the 'Quality Basic Education Act,' is amended by striking subsection (a) of Code Section 202-160, relating to enrollment counts, and inserting the ".
By adding between lines 6 and 7 of page 3 the following:
"Section 1.1. Said article is further amended by striking subsection (b) of Code Section 20-2-218, relating to duty-free lunch, and inserting in its place the following:
'(b) Nothing in this Code section shall be construed to prevent any teacher from ex changing that teacher's lunch period for any compensation or benefit mutually agreed upon by the employee and the local superintendent of schools or such superintendent's agent, including but not limited to the exchange of such duty-free lunch period for duty-free time which results when a teacher's students are in art, music, or physical education classes dur~ ing which that teacher has no duties, except that a teacher and the superintendent or agent may not agree to terms which are different from those available to any other teacher

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granted rights under this Code section within the individual school or to terms which in any way discriminate among such teachers within the individual school.'"

On the adoption of the amendment, the yeas were 34, 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:

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

Garner 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 Ray Robinson Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Voting in the negative was Senator Farrow.

Those not voting were Senators:

Dawkins

Langford of 29th

Scott

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

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

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

Mr. President:

The House has passed by the requisite constitutional majority the following bills of the House and Senate:

HB 1110. By Representative Carter of the 166th: A bill to provide a new charter for the City of Enigma.

HB 696. By Representative Jenkins of the 110th:
A bill to amend an Act to provide a new charter for the City of Forsyth, so as to impose term limitations on the office of mayor; to change the time of election and the term of office of the mayor and members of the City Council.

WEDNESDAY, MARCH 17, 1993

1607

HB 1102. By Representatives Wall of the 82nd, Dix of the 76th, Coleman of the 80th, Johnson of the 84th, Bannister of the 77th and others:
A bill to provide for the compensation of the chief magistrate of the Magistrate Court of Gwinnett County.
HB 1106. By Representatives Thomas of the 100th and Chandler of the 99th:
A bill to amend an Act providing a new charter for the City of Villa Rica, so as to change the corporate limits of the City of Villa Rica.
HB 1107. By Representative Holland of the 157th: A bill to amend an Act entitled "An Act creating a board of commissioners of Turner County," so as to change the compensation of the chairman and commis sioners of Turner County.
HB 1108. By Representative Bargeron of the 120th:
A bill to amend an Act incorporating the City of Stapleton (formerly the Town of Spread), so as to provide for two-year staggered terms of office for the mayor and members of the city council.
HB 1115. By Representative Byrd of the 170th:
A bill to provide for a supplement to the salaries of the judges of the superior courts and the district attorney of the Brunswick Judicial Circuit.
HB 1116. By Representative Byrd of the 170th:
A bill to amend an Act creating a board of commissioners of Jeff Davis County, so as to provide for a range of compensation for the chairperson and members of the board of commissioners.
HB 1117. By Representative Byrd of the 170th: A bill to authorize the governing authority of Jeff Davis County to increase the supplement to the salaries of the judges of the superior court of the Brunswick Judicial Circuit and to the salary of the district attorney of the Superior Court of Jeff Davis County.
HB 1118. By Representative Byrd of the 170th:
A bill to amend an Act providing for the election of members of the Board of Education of Jeff Davis County, so as to provide for a range of compensation for the chairperson and members of the board.
HB 1121. By Representative Coleman of the 142nd:
A bill to provide for the membership of the board of the Dodge County Hospital Authority.
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.

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The following bills of the House were read the first time and referred to committee:
HB 696. By Representative Jenkins of the 110th: A bill to amend an Act to provide a new charter for the City of Forsyth, so as to impose term limitations on the office of mayor; to change the time of election and the term of office of the mayor and members of the City Council.
Referred to Committee on Urban and County Affairs.
HB 1102. By Representatives Wall of the 82nd, Dix of the 76th, Coleman of the 80th and others: A bill to provide for the compensation of the chief magistrate of the Magistrate Court of Gwinnett County.
Referred to Committee on Urban and County Affairs.
HB 1106. By Representatives Thomas of the 100th and Chandler of the 99th: A bill to amend an Act providing a new charter for the City of Villa Rica, so as to change the corporate limits of the City of Villa Rica.
Referred to Committee on Urban and County Affairs.
HB 1107. By Representative Holland of the 157th: A bill to amend an Act entitled "An Act creating a board of commissioners of Turner County," so as to change the compensation of the chairman and commis sioners of Turner County.
Referred to Committee on Urban and County Affairs.
HB 1108. By Representative Bargeron of the 120th: A bill to amend an Act incorporating the City of Stapleton (formerly the Town of Spread), so as to provide for two-year staggered terms of office for the mayor and members of the city council.
Referred to Committee on Urban and County Affairs.
HB 1110. By Representative Carter of the 166th: A bill to provide a new charter for the City of Enigma.
Referred to Committee on Urban and County Affairs.
HB 1115. By Representative Byrd of the 170th: A bill to provide for a supplement to the salaries of the judges of the superior courts and the district attorney of the Brunswick Judicial Circuit.
Referred to Committee on Urban and County Affairs.
HB 1116. By Representative Byrd of the 170th: A bill to amend an Act creating a board of commissioners of Jeff Davis County, so as to provide for a range of compensation for the chairperson and members of the board of commissioners.
Referred to Committee on Urban and County Affairs.
HB 1117. By Representative Byrd of the 170th: A bill to authorize the governing authority of Jeff Davis County to increase the supplement to the salaries of the judges of the superior court of the Brunswick Judicial Circuit and to the salary of the district attorney of the Superior Court of Jeff Davis County.
Referred to Committee on Urban and County Affairs.

WEDNESDAY, MARCH 17, 1993

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HB 1118. By Representative Byrd of the 170th:
A bill to amend an Act providing for the election of members of the Board of Education of Jeff Davis County, so as to provide for a range of compensation for the chairperson and members of the board. Referred to Committee on Urban and County Affairs.
HB 1121. By Representative Coleman of the 142nd:
A bill to provide for the membership of the board of the Dodge County Hospital Authority. Referred to Committee on Urban and County Affairs.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
HB 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.
Senate Sponsor: Senator Middleton of the 50th.
Senator Middleton of the 50th offered the following amendment:
Amend HB 719 by adding on line 9 on page 1 immediately following the word and symbol "Fund;" the following:
"to authorize local governments to create an authority which shall be authorized to contract with such local governments for the purpose of operating a '911' system within the corporate boundaries of such local governments; to provide for the powers and functions of the authority; to provide for funding of the authority; to provide for the composition of the authority; to provide for a director and other personnel of the authority and their compen sation and other benefits; to provide for the authority to submit financial records and its annual budget to the local governments; to provide for related matters;".
By redesignating Section 3 as Section 4 and by inserting a new Section 3 to read as follows:
"Section 3. Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to an emergency telephone number '911* system, is amended by adding following Code Section 46-5-137 a new Code Section 46-5-138 to read as follows:
'46-5-138. (a) (1) By proper resolution of the local governing bodies, an authority may be created and activated by:
(A) Any two or more municipal corporations;
(B) Any two or more counties; or
(C) One or more municipal corporations and one or more counties.
(2) The resolutions creating and activating a joint authority shall specify the number of members of the authority, the number to be appointed by each participating county or mu nicipal corporation, their terms of office, and their residency requirements.
(3) The resolutions creating and activating joint authorities may be amended by appro priate concurrent resolutions of the participating governing bodies.

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(b) The public authority shall be authorized to contract with the counties or municipal ities which formed the authority to operate an emergency "911" system for such local gov ernments throughout the corporate boundaries of such local governments. Pursuant to such contracts, the local governments shall be authorized to provide funding to the authority from the Emergency Telephone System Fund maintained by each local government. No authority shall be formed until each local government forming the authority has imposed a monthly "911" charge.
(c) Each authority shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions of this part, including, but without limiting the gen erality of the foregoing, the power:
(1) To bring and defend actions;
(2) To adopt and amend a corporate seal;
(3) To make and execute contracts and other instruments necessary to exercise the powers of the authority;
(4) To receive and administer gifts, grants, and devises of any property;
(5) To operate emergency call answering services for law enforcement, emergency man agement, fire, and emergency medical service agencies 24 hours a day, seven days a week, 365 days a year;
(6) To acquire, by purchase, gift, or construction, any real or personal property desired to be acquired to operate the emergency "911" system;
(7) To sell, lease, exchange, transfer, assign, pledge, mortgage, dispose of, or grant op tions for any real or personal property or interest therein for any such purposes; and
(8) To mortgage, convey, pledge, or assign any properties, revenues, income, tolls, charges, or fees owned or received by the authority.
(d) The authority shall elect a chairperson and such other officers as deemed necessary by the authority. The authority shall select a director who shall be responsible for establish ing operating standards and procedures and overseeing the operations of the emergency "911" system. The director may be an employee working in the operation of the emergency "911" system. The authority shall be responsible for hiring, training, supervising, and disci plining employees working in the operation of the emergency "911" system. An appropriate number of full-time and part-time employees shall be hired to operate the emergency "911" system. The authority shall determine the compensation of such employees and shall be authorized to provide other employee benefits. The authority shall submit its annual budget and a report of its financial records to the local governments which created the authority.
(e) The authority may contract with a service supplier in the same manner that local governments are so authorized under the provisions of this part.' "
On the adoption of the amendment, the yeas were 34, nays 0, and the amendment was adopted.
The President announced that, pursuant to Senate Rule 143, consideration of HB 719 would be suspended and placed on the Senate General Calendar.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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

WEDNESDAY, MARCH 17, 1993

1611

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.
The House substitute to SB 104 was as follows:
A BILL
To be entitled an Act 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 any claimant agency may submit to the Georgia Lottery Corporation a list of the names of per sons owing debts to such claimant agency or to persons on whose behalf the claimant agency is acting; to provide limits for such debts; to provide that the provision of any such list shall constitute a valid claim of lien against the lottery winnings of any person named in the list; to authorize the Georgia Lottery Corporation to withhold any winnings so liened and to pay the same over to the lienor; to provide that the Georgia Lottery Corporation shall incur no liability for withholding and paying over such amounts in good faith; to provide for certain notices; to provide for the ranking of liens; to provide that the corporation shall not be required to deduct claimed debts from prizes paid out by retailers or other entities other than the corporation; to provide that lists of debts shall be provided periodically; to author ize the corporation to prescribe forms and to promulgate rules and regulations to carry out this Act; to provide that the Georgia Lottery Corporation be reimbursed for costs; to pro vide confidentiality exceptions; to prohibit certain disclosures; to limit application of this Act to prizes of $5,000.00 or more; 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 27 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Lottery for Education, is amended by striking subsection (b) of Code Section 50-27-24, relating to restrictions regarding prizes, and inserting in its place a new subsection (b) to read as follows:
"(b) Any Except as otherwise provided in Article 2 of this chapter, attachments, gar nishments, or executions authorized and issued pursuant to law shall be withheld if timely served upon the corporation. This subsection shall not apply to a retailer."
Section 2. Said chapter is further amended by designating the existing provisions of said chapter as Article 1 and by adding a new article at the end thereof, to be designated Article 2, to read as follows:
"ARTICLE 2
50-27-50. The purpose of this article is to establish a policy and to provide a system whereby all claimant agencies of this state in conjunction with the corporation shall cooper ate in identifying debtors who owe money to the state through its various claimant agencies or to persons on whose behalf the state and its claimant agencies act and who qualify for prizes under Article 1 of this chapter from the corporation. It is also the purpose of this article to establish procedures for setting off against any such prize the sum of any debt owed to the state or to persons on whose behalf the state and its claimant agencies act. It is the intent of the General Assembly that this article be liberally construed to effectuate these purposes.
50-27-51. As used in this article, the term:
(1) 'Claimant agency' means any state agency, department, board, bureau, commission, or authority to which an individual owes a debt or which acts on behalf of an individual to collect a debt.
(2) 'Debt' means any liquidated sum due and owing any claimant agency, which sum

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JOURNAL OF THE SENATE

has accrued through contract, subrogation, tort, or operation of law regardless of whether there is an outstanding judgment for the sum, or any sum which is due and owing any person and is enforceable by the state or any of its agencies or departments.
(3) 'Debtor' means any individual owing money to or having a delinquent account with any claimant agency, which obligation has not been adjudicated as satisfied by court order, set aside by court order, or discharged in bankruptcy.
(4) 'Prize' means the proceeds of any lottery prize awarded under Article 1 of this chapter.
50-27-52. The collection remedy authorized by this article is in addition to and not in substitution for any other remedy available by law.
50-27-53. (a) Any claimant agency may submit to the corporation a list of the names of all persons owing debts in excess of $100.00 to such claimant agency or to persons on whose behalf the claimant agency is acting. The full amount of the debt shall be collectable from any lottery winnings without regard to limitations on the amounts that may be collectable in increments through garnishment or other proceedings. Such list shall constitute a valid lien upon and claim of lien against the lottery winnings of any debtor named in such list. The list shall contain the names of the debtors, their social security numbers if available, and any other information which would assist the corporation in identifying the debtors named in the list.
(b) The corporation is authorized and directed to withhold any winnings subject to the lien created by this Code section and send notice to the winner by certified mail, return receipt requested, of such action and the reason the winnings were withheld. However, if the winner appears and claims winnings in person, the corporation shall notify the winner at that time by hand delivery of such action. If the debtor does not protest the withholding of such funds in writing within 30 days of such notice, the corporation shall pay the funds over to the claimant agency. If the debtor protests the withholding of such funds within 30 days of such notice, the corporation shall file an action in interpleader in the superior court of the county in which the debtor resides, pay the disputed sum into the registry of the court, and give notice to the claimant agency and debtor of the initiation of such action.
(c) The liens created by this Code section shall rank among themselves as follows:
(1) Taxes due the state;
(2) Delinquent child support; and
(3) All other judgments and liens in order of the date entered or perfected.
(d) The corporation shall not be required to deduct claimed debts from prizes paid out by retailers or entities other than the corporation.
(e) Any list of debt provided pursuant to this article shall be provided periodically as the corporation shall provide by rules and regulations and the corporation shall not be obli gated to retain such lists or deduct debts appearing on such lists beyond the period deter mined by such rules and regulations.
(f) The corporation is authorized to prescribe forms and promulgate rules and regula tions which it deems necessary to carry out the provisions of this article.
(g) The corporation and any claimant agency shall incur no civil or criminal liability for good faith adherence to the provisions of this Code section.
(h) The claimant agency shall pay the corporation for all costs incurred by the corpora tion in setting off debts in the manner provided in this article.
50-27-54. (a) Notwithstanding Code Section 50-27-29, which prohibits disclosure by the corporation of the contents of prize winner records or information, and notwithstanding any other confidentiality statute, the corporation may provide to a claimant agency all informa tion necessary to accomplish and effectuate the intent of this article.

WEDNESDAY, MARCH 17, 1993

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(b) The information obtained by a claimant agency from the corporation in accordance with this article shall retain its confidentiality and shall only be used by a claimant agency in the pursuit of its debt collection duties and practices. Any employee or prior employee of any claimant agency who unlawfully discloses any such information for any other purpose, except as otherwise specifically authorized by law, shall be subject to the same penalties specified by law for unauthorized disclosure of confidential information by an agent or em ployee of the corporation.
50-27-55. The provisions of this article shall only apply to prizes of $5,000.00 or more and shall not apply to any retailers authorized by the board to pay prizes of up to $5,000.00 after deducting the price of the ticket or share."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Broun of the 46th moved that the Senate agree to the House substitute to SB 104.

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 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 Madden Marable Middleton

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

Those not voting were Senators:

Broun of 46th Cheeks

Langford of 29th Starr

Tysinger

On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 104.

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

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.

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Senator Henson of the 55th moved that the Senate recede from the Senate amendment to HB 167.

On the motion, 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 Day Dean Edge Egan

Farrow Garner Gillis Glanton Gochenour Harbison Hemmer Henson 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

Those not voting were Senators:

Balfour Dawkins

Hill Kemp

Tysinger Walker

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate receded from the Senate amendment to HB 167.

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

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.

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 Boshears Bowen Broun of 46th Brown of 26th Burton

Cheeks Clay Coleman Crotts Day Dean Edge Egan Farrow

Gillis Glanton Gochenour Harbison Hemmer Henson Hooks Huggins Isakson

WEDNESDAY, MARCH 17, 1993

1615

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

Those not voting were Senators:

Blitch Dawkins

Garner Hill

Tysinger

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

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

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

Mr. President:

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

SB 298. By Senators Balfour of the 9th, Day of the 48th, Tysinger of the 41st and others:
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.

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

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 9. By Senators Hill of the 4th, Hooks of the 14th, Henson of the 55th and others:
A bill to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to 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.

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.

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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 House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
SB 137. By Senators Henson of the 55th, Walker of the 22nd and Thomas of the 10th: A bill to amend Chapter IDA 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 House has adopted, by substitute, by the requisite constitutional majority the fol lowing resolution of the Senate:
SR 233. By Senators Thompson of the 33rd, Clay of the 37th Ragan of the 32nd and others: 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 House has adopted, as amended, by the requisite constitutional majority the fol lowing resolution of the Senate:
SR 158. By Senator Thompson of the 33rd: A resolution designating the Lucius D. Clay Memorial Parkway.
The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:
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.
Senate Sponsor: Senator Hill of the 4th.
The Senate Committee on Judiciary offered the following amendment:
Amend HB 710 by adding following the word and symbol "court;" on line 4 of page 1 the following:
"to change the provisions relating to longevity increases;".
By redesignating Sections 2 and 3 as Sections 3 and 4.
By adding between lines 9 and 10 of page 5 a new Section 2 to read as follows: "Section 2. Said article is further amended by striking in its entirety Code Section 15-9-

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65, relating to longevity salary increases, and inserting in lieu thereof a new Code Section 15-9-65 to read as follows:
'15-9-65. The amounts provided in paragraph (1) of subsection (a) of Code Section 15-963 and Code Section 15-9-64, as increased by paragraph (2) of subsection (a) of Code Sec tion 15-9-63, shall be increased by 6 percent for each four year term of office multiplying said amounts by the percentage which equals 5 percent times the number of completed four-year terms of office served by any judge of a probate court after December 31, 1976, figured at the end effective the first day of January following the completion of each such period of service. This Code section shall not be construed to affect any local legislation except where the local legislation provides for a salary lower than the Salary provided in Code Sections 15-9-63,15-9-64, this Code section, and Code Sections 15-9-66 and 15-9-67, in which event Code Sections 15-9-63, 15-9-64, this Code section, and Code Sections 15-9-66 and 15-9-67 shall prevail.' "

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 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 Boshears Bowen Broun of 46th Brown of 26th Cheeks Clay Coleman Crotts Day Dean Edge Farrow

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

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

Those voting in the negative were Senators:

Baugh Burton

Egan Glanton

Gochenour Newbill

Those not voting were Senators:

Blitch Dawkins Garner

Gillis Parrish

Ralston Tysinger

On the passage of the bill, the yeas were 43, nays 6.

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

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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.
Senate Sponsor: Senator Gillis of the 20th.

Senator Gillis of the 20th offered the following amendment:

Amend HB 660 by striking line 21 on page 2 and inserting in lieu thereof the following: "Code Section 40-8-27 or with an amber strobe light.'"

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, 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 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 Walker

Those not voting were Senators:

Dawkins Garner

Henson 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.

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

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1619

distribute printed materials, for magazine, newspaper, and other publishers, or persons who buy a product and resell it, receiving no other compensation.
Senate Sponsor: Senator Isakson of the 21st.

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

Amend HB 678 by striking from lines 7 through 9 of page 1 the following: ", or persons who buy a product and resell it, receiving no other compensation". By striking lines 22 through 25 of page 1 and inserting in lieu thereof the following: " '(16) Services".

On the adoption of the amendment, Senator Walker of the 22nd called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Blitch Boshears
Bowen Broun of 46th
CChluaeryteokns PuD_raow/Lnk.sins Day Dean Edge Egan

Farrow Gillis Glanton
Gochenour Hemmer
H,,Hl.e1,,1nson HTHTuogogkms s Isakson Madden Marable Newbill

Oliver Perdue Pollard
Ragan of llth Ragan of 32nd
R,,Raaylston RoScoobitiitnson Starr Taylor Thompson Turner

Those voting in the negative were Senators:

Abernathy Alien Baugh Brown of 26th Coleman

Garner Harbison Kemp Langford of 35th Langford of 29th

Middleton Parrish Slotin Thomas Walker

Not voting was Senator Tysinger.

On the adoption of the amendment, the yeas were 40, nays 15, 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 Blitch Bowen Clay Crotts

Day Dean Edge Egan Farrow

Gillis Glanton Gochenour Harbison Hill

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Huggins
Isakson Langford of 29th Marable
Newbill

Perdue
Pollard Ragan of llth Ragan of 32nd
Ralston

Those voting in the negative were Senators:

Ray Taylor
Thompson Turner

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

Dawkins Garner Hemmer Henson Hooks Kemp Langford of 35th Madden Middleton

Oliver Parrish Robinson Scott Slotin Starr Thomas Walker

Not voting was Senator Tysinger.

On the passage of the bill, the yeas were 29, nays 26.

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

Senator Walker of the 22nd gave notice that, at the proper time, he would move that the Senate reconsider its action in passing HB 678.

The President stated that, as provided for in Senate Rule 94, he would set the time to entertain the motion to reconsider for 3:00 o'clock P.M. today.

The following resolution of the Senate was read and put upon its adoption:

SR 327. By Senators Robinson of the 16th, Hooks of the 14th, Dawkins of the 45th and Ray of the 19th:
A resolution relative to adjournment by the General Assembly at 7:00 o'clock P.M. on Wednesday, March 17, 1993, and to convene on Monday, March 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 45, nays 2.

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

The President announced that the Senate would stand in recess from 12:40 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.

WEDNESDAY, MARCH 17, 1993

1621

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

HB 842. By Representatives Culbreth of the 132nd, Carrell of the 87th, Hudson of the 156th 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.
Senate Sponsor: Senator Henson of the 55th.

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

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

Those voting in the affirmative were Senators:

Alien Brown of 26th Clay Coleman Dawkins Hemmer Henson

Hooks Kemp Langford of 29th Marable Middleton Oliver Perdue

Ragan of llth Robinson Scott Slotin Taylor Thomas Turner

Those voting in the negative were Senators:

Balfour Baugh Blitch -BB. ousrthoenars Cheeks Crotts Day Dean

Edge Farrow Garner Gillis Glanton Gochenour Harbison Huggins Isakson

Madden Newbill Pollard Ragan of 3 Ralston Ray Starr Thompson

Those not voting were Senators:

Abernathy Bowen Broun of 46th

Egan Hill Langford of 35th

Parrish Tysinger Walker

On the passage of the bill, the yeas were 21, nays 26.

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 HB 842.

The President stated that, as provided for in Senate Rule 94, he would set the time to entertain the motion to reconsider for 3:30 o'clock P.M. today.

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JOURNAL OF THE SENATE

The following resolution of the Senate was taken up for the purpose of considering the House substitute thereto:
SR 233. By 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 House substitute to SR 233 was as follows:
A RESOLUTION
Authorizing the conveyance of certain state owned real property located in Cobb County, Georgia, to Cobb County and the acceptance of certain real property owned by Cobb County in consideration therefor; authorizing the conveyance of certain state owned real property located in Bibb County, Georgia, to Bibb County and the acceptance of cer tain real property owned by Bibb County in consideration therefor; to provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS:
(1) The State of Georgia is the owner of certain real property lying within Cobb County, Georgia, and being the facilities of the Cobb Regional Youth Development Center; and
(2) Custody of the subject state owned real property is vested in the Department of Children and Youth Services; and
(3) Said state owned real property is described as all that tract or parcel of land lying and being in Land Lot 333 of the 19th District, Cobb County, Georgia, as shown on a plat of survey prepared by Mayes, Sudderth and Etheridge, Inc., dated July 5, 1973, containing approximately 5.0 acres, and being more particularly described as follows:
Beginning at an iron pin on the east right-of-way of County Farm Road located at the intersection of the east right-of-way of County Farm Road and the north land lot line of Land Lot 333, said District and Section; running thence North 88 degrees, 41 minutes, 00 seconds east 388.09 feet to an iron pin; running thence South 03 degrees, 01 minutes, 03 seconds east 550.17 feet to an iron pin; running thence South 73 degrees, 33 minutes, 57 seconds west 109 feet to an iron pin; running thence South 85 degrees, 10 minutes, 47 seconds west 150.35 feet to an iron pin; running thence North 52 degrees, 58 minutes, 03 seconds west 171.95 feet to an iron pin on the east right-of-way of County Farm Road; running thence North 03 degrees, 01 minutes, 03 seconds west along the east right-of-way of County Farm Road 481.07 feet to an iron pin and the Point of Beginning. Said Tract con taining 5 acres
and being improved property known as the Cobb County Regional Youth Detention Center; and
(4) The Cobb County Board of Commissioners represents that it is the owner of certain real property; and
(5) Said Cobb County owned property is all that tract or parcel of land lying and being in Cobb County, Georgia, lying in and being a part of Land Lot 333 of the 19th Land Dis trict containing approximately 8.0 acres according to a plat of survey dated February 2, 1993, prepared by A. 0. Carlile, Registered Land Surveyor No. 1465, and may be more par ticularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; and
(6) The existing facility was conveyed on July 10, 1973, to the state for the operation of a regional detention facility; and

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1623

(7) Cobb County has determined that it could better utilize the existing facility due to its proximity to other Cobb County governmental facilities; and
(8) The state shall not convey its interest in the current facility until the new facility is completed and occupied; and
(9) Exchange of the aforedescribed tracts or parcels of land would be beneficial to the State of Georgia and Cobb County and would be in the public interest;
and
WHEREAS:
(1) The State of Georgia is the owner of certain real property lying within Bibb County, Georgia, and being the facilities of the Macon Regional Health Center; and
(2) Custody of the subject state owned real property is vested in the Department of Human Resources; and
(3) Said state owned real property is described as all that tract or parcel of land lying and being in Lot 1, Square 73, of the City of Macon, Bibb County, Georgia, as shown on a plat of survey prepared by Frank E. Lester, Georgia Registered Land Surveyor #1118, dated March, 1953, containing approximately 0.36 of one acre; and
(4) The Bibb County Board of Commissioners represents that it is the owner of certain real property; and
(5) Said Bibb County owned property is all that tract or parcel of land lying and being in Bibb County, Georgia, lying in and being a part of Land Lot 58 within the City of Macon containing approximately two acres according to a site plan dated November 16, 1992, pre pared by Donaldson, Garrett and Associates, Inc., and shall be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; and
(6) The state owned property was conveyed to the state by the City of Macon on Sep tember 6, 1946, and the deed of conveyance allowed the City of Macon to retain a reversion ary interest in the property; and
(7) The City of Macon is encouraged to release any interest it may have in the abovedescribed state property prior to any exchange of property with Bibb County; and
(8) Bibb County has determined that it could better utilize the state owned property due to its proximity to the Medical Center of Central Georgia; and
(9) In consideration for the above-described state owned property, Bibb County has agreed to construct on the above-described Bibb County property a new regional health facility to the specifications of the Department of Human Resources; and
(10) The state shall not convey its interest in the current facility until the new facility is completed and occupied; and
(11) Exchange of the aforedescribed tracts or parcels of land would be beneficial to the State of Georgia and Bibb County and would be in the public interest.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL AS SEMBLY OF GEORGIA:
ARTICLE 1
Section 1. That, in all matters relating to the conveyance of the hereindescribed state owned real property in Cobb County and the acceptance of the hereindescribed Cobb County owned real property, the State of Georgia is acting by and through its State Proper ties Commission.
Section 2. That the State of Georgia, acting by and through its State Properties Com mission, is authorized and empowered to convey by quitclaim deed to Cobb County the

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hereinabove described state owned real property in Cobb County and to accept in consider ation therefor from Cobb County a conveyance of the hereinabove described Cobb County owned real property.
Section 3. That such conveyance and acquisition shall be subject to approval by the State Properties Commission of the plats of survey, legal description, deeds, and such other documents as may be required by the State Properties Commission.
Section 4. That the State Properties Commission is authorized to do all acts and things necessary and proper to effect such exchange.
Section 5. That such conveyance and acquisition shall be upon such other terms and conditions as may be prescribed by the State Properties Commission.
Section 6. That the authorization in this article to convey the above-described property in Cobb County to Cobb County shall expire five years after the date that this article be comes effective.
Section 7. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Cobb County and a recorded copy shall be forwarded to the State Properties Commission.
ARTICLE 2
Section 1. That, in all matters relating to the conveyance of the hereindescribed state owned real property in Bibb County and the acceptance of the hereindescribed Bibb County owned real property, the State of Georgia is acting by and through its State Properties Commission.
Section 2. That the State of Georgia, acting by and through its State Properties Com mission, is authorized and empowered to convey by quitclaim deed to Bibb County the hereinabove described state owned real property in Bibb County and to accept in considera tion therefor from Bibb County a conveyance of the hereinabove described Bibb County owned real property.
Section 3. That such conveyance and acquisition shall be subject to approval by the State Properties Commission of the plats of survey, legal description, deeds, and such other documents as may be required by the State Properties Commission.
Section 4. That the State Properties Commission is authorized to do all acts and things necessary and proper to effect such exchange.
Section 5. That such conveyance and acquisition shall be upon such other terms and conditions as may be prescribed by the State Properties Commission.
Section 6. That the authorization in this article to convey the above-described property in Bibb County to Bibb County shall expire five years after the date that this article be comes effective.
Section 7. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Bibb County and a recorded copy shall be forwarded to the State Properties Commission.
ARTICLE 3
Section 8. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 9. That all laws and parts of laws in conflict with this resolution are repealed.
Senator Clay of the 37th moved that the Senate agree to the House substitute to SR 233.

WEDNESDAY, MARCH 17, 1993

1625

On the motion, 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 BCTMhuerteok, ns Clay Coleman Crotts Dawkins Day Dean Edge Farrow

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

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

Those not voting were Senators:

Abernathy Bowen Broun of 46th

Egan Glanton Hill

Langford of 35th Parrish Tysinger

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 233.

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

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.
Senator Balfour of the 9th moved that the Senate adhere to the Senate's disagreement to the House substitute to SB 298, and that a Conference Committee be appointed.
On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate adhered to the Senate's disagreement to the House substitute to SB 298.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Balfour of the 9th, Day of the 48th and Tysinger of the 41st.
The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:

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

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certain rules and regulations of the Board of Natural Resources; to provide for certain notices to certain property owners.

The House amendment was as follows:

Amend SB 294 by inserting on line 6 of page 1, following the word and symbol "state;", the following:
"to provide for the public filing of such inventories".
By inserting on line 27 of page 8, between the symbol "." and the word "This", the following:
"At least annually, beginning July 1, 1994, the division shall send a copy of the inven tory with the sites listed by county to the clerk of each superior court of the state, who shall place and maintain the most current copy of the inventory in the room or rooms in which the deed records of the county are kept"

Senator Robinson of the 16th moved that the Senate agree to the House amendment to SB 294.

On the motion, 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 Crotts Dawkins Day Dean Edge

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

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

Those not voting were Senators:

Abernathy Bowen Broun of 46th Henson

Isakson Madden Parrish Ragan of llth

Slotin Starr Taylor Thomas

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 294.

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

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

WEDNESDAY, MARCH 17, 1993

1627

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 House substitute to SB 227 was as follows:
A BILL
To be entitled an Act 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 brokers; to provide for duration of brokerage engagements; to provide for disclosures; to provide that compensation does not determine agency relationship; to provide for dual agency; to provide that a broker has no implied agency relationship with a common source information company; to provide for un fair trade practices in real estate transactions; 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 10 of the Official Code of Georgia Annotated, relating to commerce, is amended by adding a new Chapter 6A to read as follows:
"CHAPTER 6A
10-6A-1. This chapter shall be known as and may be cited as the 'Brokerage Relation ships in Real Estate Transactions Act.'
10-6A-2. (a) The general assembly finds, determines, and declares that application of the common law of agency to the relationships between real estate brokers and persons who are sellers, buyers, landlords and tenants of rights and interests in real property has resulted in misunderstandings and consequences that have been contrary to the best interests of the public; the General Assembly further finds, determines, and declares that the real estate brokerage industry has a significant impact upon the economy of the State of Georgia and that it is in the best interests of the public to provide codification of the relationships be tween real estate brokers and consumers of brokerage services in order to prevent detrimen tal misunderstandings and misinterpretations of such relationships by both consumers and real estate brokers and thus promote and provide stability in the real estate market. The provisions of this chapter are enacted to govern the relationships between sellers, landlords, buyers, tenants, and real estate brokers to the extent not governed by individual written agreements.
(b) The General Assembly further finds, determines, and declares that the provisions of this chapter are not intended to prescribe or affect the contractual relationships as between real estate brokers and the broker's affiliated licensees.
(c) The provisions of this chapter may serve as a basis for private rights of action and defenses by sellers, buyers, landlords, tenants, and real estate brokers.
10-6A-3. (a) As used in this chapter, the term:
(1) 'Agency' means every relationship in which a real estate broker acts for or repre sents another by the latter's express authority in a real property transaction.
(2) 'Broker' means any individual or entity issued a broker's real estate license by the Georgia Real Estate Commission pursuant to Chapter 40 of Title 43. The term 'broker' includes the broker's affiliated licensees except where the context would otherwise indicate.
(3) 'Brokerage' means the business or occupation of a real estate broker.
(4) 'Brokerage engagement' means an express written or oral contract wherein the client promises to pay the real estate broker a valuable consideration or agrees that the real estate broker may receive a valuable consideration from another in consideration of the broker

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producing a seller, buyer, tenant, or landlord ready, able, and willing to sell, buy, or rent the property.
(5) 'Brokerage relationship' means the resulting agency formed between the broker and the broker's client as a result of the brokerage engagement.
(6) 'Client' means a person who has entered into a brokerage engagement with a real estate broker.
(7) 'Common source information companies' means any person, firm, or corporation that is a source, compiler, or supplier of information regarding real estate for sale or lease and other data and includes but is not limited to multiple listing services.
(8) 'Customer' means a person who has not entered into a brokerage engagement with a broker but for whom a broker may perform ministerial acts in a real estate transaction.
(9) 'Dual agent' means a broker who has a brokerage relationship with both seller and buyer or both landlord and tenant in the same transaction.
(10) 'Limited agent' means a broker who, acting under the authority of a brokerage engagement, solicits offers to purchase, sell, lease, or exchange real property without being subject to the control of the client except as to the result of the work.
(11) 'Ministerial acts' means those acts which a broker or affiliated licensee performs for a person which do not require discretion or the exercise of the broker or affiliated licensee's own judgment.
(12) 'Timely' means seasonable; a reasonable time under the particular circumstances.
10-6A-4. (a) A broker who performs services under a brokerage engagement for another is a limited agent, unless a different legal relationship between the broker and the person for whom the broker performs the service is intended and is reduced to writing and signed by the parties. If a broker is not a limited agent, then notice of said different relationship shall be timely furnished to all parties to the proposed real estate transaction. Except as set out in this chapter, a limited agent shall not be deemed to have a fiduciary relationship with any party or fiduciary obligations to any party but shall only be responsible for exercising ordi nary care in the discharge of its specified duties under the brokerage engagement. Unless a broker enters into a brokerage engagement with a person, it shall be presumed that the person is a customer of the broker rather than a client.
(b) Whenever a broker's relationship to customers or clients changes among broker and customer, limited agent and client, dual agent, or such other different legal relationship as the parties may agree, the broker shall disclose that fact to all brokers, customers, or clients involved in the contemplated transaction and set out the nature of the new relationship to the customers or clients and the broker's duties under this chapter.
10-6A-5. (a) A broker engaged by a seller shall:
(1) Perform the terms of the brokerage engagement made with the seller;
(2) Promote the interests of the seller by:
(A) Seeking a sale at the price and terms stated in the brokerage engagement or at a price and terms acceptable to the seller; provided, however, the broker shall not be obligated to seek additional offers to purchase the property while the property is subject to a contract of sale, unless the brokerage engagement so provides;
(B) Timely presenting all offers to and from the seller, even when the property is sub ject to a contract of sale;
(C) Disclosing to the seller material facts which the broker has actual knowledge con cerning the transaction;
(D) Advising the seller to obtain expert advice as to material matters which are beyond the expertise of the broker;

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(E) Timely accounting for all money and property received in which the seller has or may have an interest;
(3) Exercise reasonable skill and care; and
(4) Comply with all requirements of this chapter and all applicable statutes and regula tions, including but not limited to fair housing and civil rights statutes.
(b) Brokers shall treat all prospective buyers honestly and shall not knowingly give them false information. A broker engaged by a seller shall timely disclose to prospective buyers with whom the broker is working all material adverse facts pertaining to the physical condition of the property including but not limited to material defects in the property, envi ronmental contamination, and facts required by statute or regulation to be disclosed which are actually known by the broker which could not be discovered by a reasonably diligent inspection of the property by the buyer. A broker shall not be liable to a buyer for providing false information to the buyer if the false information was provided to the broker by the broker's seller-client and the broker did not have actual knowledge that the information was false. Nothing in this subsection shall limit any obligation of a seller under any applicable law to disclose to prospective buyers all material adverse facts actually known by the seller pertaining to the physical condition of the property nor shall it limit the obligation of pro spective buyers to inspect the physical condition of the property. No cause of action shall arise on behalf of any person against a broker for revealing information in compliance with this subsection.
(c) A broker engaged by a seller in a real estate transaction may provide assistance to the buyer by performing such ministerial acts as preparing offers and conveying them to the seller; locating lenders, inspectors, attorneys, insurance agents, surveyors, schools, shopping facilities, places of worship, and all such other like or similar services; and performing such ministerial acts shall not be construed in such a manner as to violate the broker's brokerage engagement with the seller nor shall performing such ministerial acts for the buyer be con strued in such a manner as to form a brokerage engagement with the buyer.
(d) A broker engaged by a seller does not breach any duty or obligation by showing alternative properties to prospective buyers.
10-6A-6. (a) A broker engaged by a landlord shall:
(1) Perform the terms of the brokerage engagement made with the landlord;
(2) Promote the interests of the landlord by:
(A) Seeking a tenant at the price and terms stated in the brokerage engagement or at a price and terms acceptable to the landlord; provided, however, the broker shall not be obli gated to seek additional offers to lease the property while the property is subject to a lease, or letter of intent to lease, unless the brokerage engagement so provides;
(B) Timely presenting all offers to and from the landlord, even when the property is subject to a lease or a letter of intent to lease;
(C) Disclosing to the landlord material facts which the broker has actual knowledge concerning the transaction;
(D) Advising the landlord to obtain expert advice as to material matters which are be yond the expertise of the broker;
(E) Timely accounting for all money and property received in which the landlord has or may have an interest;
(3) Exercise reasonable skill and care; and
(4) Comply with all requirements of this chapter and all applicable statutes and regula tions, including but not limited to fair housing and civil rights statutes.
(b) Brokers shall treat all prospective tenants honestly and shall not knowingly give them false information. A broker engaged by a landlord shall timely disclose to prospective

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tenants with whom the broker is working all material adverse facts pertaining to the physi cal condition of the property including, but not limited to, material defects in the property, environmental contamination, and facts required by statute or regulation to be disclosed which are actually known by the broker which could not be discovered by a reasonably diligent inspection of the property by the tenant. A broker shall not be liable to a tenant for providing false information to the tenant if the false information was provided to the broker by the broker's landlord-client and the broker did not have actual knowledge that the infor mation was false. Nothing in this subsection shall limit any obligation of the landlord under any applicable law to disclose to prospective tenants all material adverse facts actually known by the landlord pertaining to the physical condition of the property nor shall it limit the obligation of prospective tenants to inspect the physical condition of the property. No cause of action by any person shall arise on behalf of any person against a broker for re vealing information in compliance with this subsection.
(c) A broker engaged by a landlord in a real estate transaction may provide assistance to the tenant by performing such ministerial acts as preparing offers and conveying them to the landlord; locating inspectors, attorneys, insurance agents, schools, shopping facilities, places of worship, and all such other like or similar services; and performing such ministerial acts shall not be construed in such a manner as to violate the broker's brokerage engage ment with the landlord nor shall performing such ministerial acts for the tenant be con strued in such a manner as to form a brokerage engagement with the tenant.
(d) A broker engaged by a landlord does not breach any duty or obligation by showing alternative properties to prospective tenants.
10-6A-7. (a) A broker engaged by a buyer shall:
(1) Perform the terms of the brokerage engagement made with the buyer;
(2) Promote the interests of the buyer by:
(A) Seeking a property at a price and terms acceptable to the buyer; provided, however, the broker shall not be obligated to seek other properties for the buyer while the buyer is a party to a contract to purchase property, unless the brokerage engagement so provides;
(B) Timely presenting all offers to and from the buyer, even when the buyer is a party to a contract to purchase property;
(C) Disclosing to the buyer material facts which the broker has actual knowledge con cerning the transaction;
(D) Advising the buyer to obtain expert advice as to material matters which are beyond the expertise of the broker;
(E) Timely accounting for all money and property received in which the buyer has or may have an interest;
(3) Exercise reasonable skill and care; and
(4) Comply with all requirements of this chapter and all applicable statutes and regula tions, including but not limited to fair housing and civil rights statutes.
(b) Brokers shall treat all prospective sellers honestly and shall not knowingly give them false information. A broker engaged by a buyer shall timely disclose to a prospective seller with whom the broker is working as a customer and who is selling property which will be financed either by a loan assumption or by the seller's providing a part or all of the financing all material adverse facts actually known by the broker concerning the buyer's financial ability to perform the terms of the sale, and in the case of a residential transaction, the buyer's intent to occupy the property as a principal residence. A broker shall not be liable to a seller for providing false information to the seller if the false information was provided to the broker by the broker's buyer-client and the broker did not have actual knowledge that the information was false. Nothing in this subsection shall limit the obliga tion of the prospective buyer under any applicable law to disclose to the prospective seller

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all material adverse facts actually known by the buyer concerning the buyer's financial abil ity to perform the terms of the sale, and in the case of a residential transaction, the buyer's intent to occupy the property as a principal residence. No cause of action shall arise on behalf of any person against a broker for revealing information in compliance with this subsection.
(c) A broker engaged by a buyer in a real estate transaction may provide assistance to the seller by performing such ministerial acts as preparing and conveying offers to the buyer; locating inspectors, attorneys, surveyors, and all such other like or similar services; and performing such ministerial acts shall not be construed in such a manner as to violate the broker's brokerage engagement with the buyer nor shall performing such ministerial acts for the seller be construed in such a manner as to form a brokerage engagement with the seller.
(d) A broker engaged by a buyer does not breach any duty or obligation by showing properties in which the buyer is interested to other prospective buyers.
10-6A-8. (a) A broker engaged by a tenant shall:
(1) Perform the terms of the brokerage engagement made with the tenant;
(2) Promote the interests of the tenant by:
(A) Seeking a lease at a price and terms acceptable to the tenant; provided, however, the broker shall not be obligated to seek other properties for the tenant while the tenant is a party to a lease or a letter of intent to lease unless the brokerage engagement so provides;
(B) Timely presenting all offers to and from the tenant, even when the tenant is a party to a lease or a letter of intent to lease;
(C) Disclosing to the tenant material facts which the broker has actual knowledge con cerning the transaction;
(D) Advising the tenant to obtain expert advice as to material matters which are be yond the expertise of the broker;
(E) Timely accounting for all money and property received in which the tenant has or may have an interest;
(3) Exercise reasonable skill and care; and
(4) Comply with all requirements of this chapter and all applicable statutes and regula tions, including but not limited to fair housing and civil rights statutes.
(b) Brokers shall treat all prospective landlords honestly and shall not knowingly give them false information. A broker engaged by a tenant shall timely disclose to a prospective landlord with whom the broker is working all material adverse facts actually known by the broker concerning the tenant's financial ability to perform the terms of the lease or letter of intent to lease or intent to occupy the property. A broker shall not be liable to a landlord for providing false information to the landlord if the false information was provided to the broker by the broker's tenant-client and the broker did not have actual knowledge that the information was false. Nothing in this subsection shall limit any obligation of the prospec tive tenant under any applicable law to disclose to a prospective landlord all material ad verse facts actually known by the tenant concerning the tenant's financial ability to perform the terms of the lease or letter of intent to lease or intent to occupy the property. No cause of action shall arise on behalf of any person against a broker for revealing information in compliance with this subsection.
(c) A broker engaged by a tenant in a real estate transaction may provide assistance to the landlord by performing such ministerial acts as preparing and conveying offers to the tenant; locating draftsmen or architects, attorneys, surveyors, and all such other like or sim ilar services; and performing such ministerial acts shall not be construed in such a manner as to violate the broker's brokerage engagement with the tenant nor shall performing such

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ministerial acts for the landlord be construed in such a manner as to form a brokerage engagement with the landlord.
(d) A broker engaged by a tenant does not breach any duty or obligation by showing properties in which the tenant is interested to other prospective tenants.
10-6A-9. (a) The relationships set forth in Code Sections 10-6A-4 through 10-6A-8 shall commence at the time that the client engages the broker, and shall continue until:
(1) Completion of performance of the engagement; or
(2) If paragraph (1) of this subsection is not applicable, then the earlier of:
(A) Any date of expiration agreed upon by the parties in the brokerage agreement or in any amendments thereto;
(B) Any authorized termination of the relationship; or
(C) If no expiration is provided and no termination has occurred, then one year after initiation of the engagement.
(b) Except as otherwise agreed in writing and as provided in subsection (a) of this Code section, a broker owes no further duties to the client after termination, expiration, or com pletion of performance of the engagement, except:
(1) To account for all moneys and property relating to the engagement; and
(2) To keep confidential all information received during the course of the engagement which was made confidential by request or instructions from the client, unless:
(A) The client permits the disclosure by subsequent word or conduct;
(B) Such disclosure is required by law; or
(C) The information becomes public from a source other than the broker.
10-6A-10. (a) Prior to entering into any of the brokerage engagement relationships enu merated in Code Sections 10-6A-4 through 10-6A-8, a broker shall:
(1) Advise the prospective client of the types of brokerage relationships available through the broker;
(2) Advise such prospective client of any other brokerage relationships held by such broker which would conflict with any interests of the prospective client actually known to the broker; and
(3) Advise such prospective client as to the broker's compensation and whether the broker will share such compensation with other brokers who may represent other parties to the transaction.
(b) An offer of cooperation with another broker or to compensate another broker shall not be made to other brokers without timely disclosure to the party engaging the broker.
10-6A-11. The payment or promise of payment of compensation to a broker does not determine whether a brokerage engagement relationship has been created between any bro ker and a seller, landlord, buyer or tenant.
10-6A-12 (a) A broker may act as a dual agent only with the written consent of all clients. Such written consent shall be presumed to have been given and to be informed as against any client who signs a writing or writings which contains the following:
(1) A description of the transactions or types of transactions in which the broker will serve as a dual agent;
(2) A statement that, in serving as a dual agent, the broker represents two clients whose interests are or at times could be different or even adverse;
(3) A statement that a dual agent may not disclose to any client information made confidential by request or instructions from another client, except information allowed to be

WEDNESDAY, MARCH 17, 1993

1633

disclosed by this Code section or required to be disclosed by this Code section or required to be disclosed by this chapter;
(4) A statement that the broker or the broker's affiliated licensees have no material relationship with either client other than that incidental to the transactions, or if the broker or the broker's affiliated licensees have such a relationship, a disclosure of the nature of such a relationship. For the purposes of this Code section, a material relationship shall mean any actually known personal, familial, or business relationship between the broker or the bro ker's affiliated licensees and a client which would impair the ability of the broker or affili ated licensees to exercise fair and independent judgment relative to another client;
(5) A statement that the client does not have to consent to the dual agency; and
(6) A statement that the consent of the client has been given voluntarily and that the engagement has been read and understood.
(b) No cause of action shall arise on behalf of any person against a dual agent for mak ing disclosures allowed or required by this chapter and the dual agent does not terminate any agency by making such allowed or required disclosures.
(c) A broker may assign different licensees affiliated with the broker to represent exclu sively different clients in the same transaction. The licensees may not disclose, except to the licensee's broker, information made confidential by request or instructions of the client the licensee is representing, except information allowed to be disclosed by this Code section or required to be disclosed by this chapter.
(d) In the case of dual agency, each client and broker and their respective licensees possess only actual knowledge and information. There shall be no imputation of knowledge or information among or between the clients, brokers, or their affiliated licensees.
(e) In any transactions, a broker may without liability withdraw from representing a client who has not consented to a disclosed dual agency at any time prior to the existence of the dual agency. Such withdrawal shall not prejudice the ability of the broker to continue to represent the other client in the transaction, nor limit the broker from representing the client in other transactions not involving a dual agency. When such withdrawal as contem plated in this subsection occurs, the broker shall not receive a referral fee for referring a client to a broker employed by a different real estate brokerage firm.
(f) Every broker shall develop and enforce an office brokerage relationship policy among affiliated licensees which either specifically permits or rejects the practice of disclosed dual agency, which office brokerage relationship policy shall be disclosed pursuant to Code Sec tion 10-6A-10 and paragraph (1) of subsection (a) of this Code section.
10-6A-13. Except as may be provided in a written agreement between the parties, a broker shall not be deemed to have an agency relationship with a common source informa tion company. No broker shall be deemed to be a subagent of any client of another broker solely by reason of membership or other affiliation by such brokers in a common source information company, including but not limited to multiple listing services.
10-6A-14. Nothing contained in this chapter shall limit the Georgia Real Estate Com mission in its regulation of brokers and the broker's affiliated licensees pursuant to Chapter 40 of Title 43 and the substantive rules and regulations adopted by the commission pursu ant thereto."
Section 2. Code Section 43-40-25 of the Official Code of Georgia Annotated relating to violations by real estate broker licensees, schools, and instructors, is amended by striking paragraphs (6), (22), (29), and (30) of subsection (a) in their entirety and inserting in their respective places the following:
"(6) Accepting, giving, or charging any undisclosed commission, rebate, or direct profit on expenditures made for a principal or any undisclosed commission, rebate, or direct profit for procuring a loan or insurance or for conducting a property inspection related to a real estate transaction;"

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"(22) Acting for more than one party in a transaction without the knowledge express written consent of all parties for whom the licensee acta to the transaction;"
"(29) Conducting the closing of any real estate transaction by any licensee except a broker unless the licensee acts under the supervision of the broker under whom such licen see is licensed or under the supervision of a practicing attorney with the knowledge and consent of the broker; or
(30) Failing to obtain the written agreement of the parties indicating to whom the bro ker shall pay any interest earned on trust funds deposited into an interest-bearing checking account prior to depositing those funds into such accounfe ; or
(31) Failing to disclose in a timely manner to all parties in a real estate transaction any agency relationship that the licensee may have with any of the parties?1
Section 3. This Act shall become effective on January 1, 1994.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Senator Oliver of the 42nd moved that the Senate agree to the House substitute to SB 227.
On the motion, 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 Edge Egan

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

Those not voting were Senators:

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

Abernathy Bowen Henson

Parrish Slotin

Starr Thomas

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 227.

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1635

The following resolution of the Senate was taken up for the purpose of considering the House substitute thereto:
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 Gibbs Arnall Tribute Commission.
The House substitute to SR 156 was as follows:
A RESOLUTION
Creating the Ellis Gibbs Arnall Tribute Commission; and for other purposes.
WHEREAS, Ellis Gibbs Arnall streaked across the firmament of Georgia politics in the 1930's and 1940's and left an indelible legacy of reform and progress; and
WHEREAS, he was elected Governor in 1942 and went on to forge historic reforms as Georgia's wartime Governor from 1943 to 1947; and
WHEREAS, he was born in Newnan, Georgia, in 1907, graduated from the University of the South in 1928, and ranked first in the graduating class of 1931 at the University of Georgia School of Law; and
WHEREAS, he served as Speaker Pro Tempore of the House of Representatives at the age of 25, Georgia Attorney General at 31, and Governor at 35; and
WHEREAS, as Governor, he reformed the state's penal system and led the General Assembly in outlawing the use of chains and shackles on prisoners, outlawing whippings of prisoners, establishing vocational training, and in segregating juveniles and first offenders; and
WHEREAS, he reformed the state's election laws by outlawing the poll tax and whitesonly Democratic primary and by giving 18-year-olds the right to vote; and
WHEREAS, in 1945, he led the way to the writing of a new state Constitution, the first since 1877; and
WHEREAS, as Governor, he personally argued Georgia's case before the U. S. Supreme Court, successfully challenging discriminatory freight rates which held the south in eco nomic bondage; and
WHEREAS, as Governor, he inherited a $25.8 million state debt and left a $1 million surplus; and
WHEREAS, he held a national appointment as President Truman's director of the Of fice of Price Stabilization during the Korean War in 1952; and
WHEREAS, he died at the age of 85 on December 13, 1992; and
WHEREAS, during a relatively brief period of time as a public servant, he used the magnetism of his personality, the force of his vision, and the justness of his causes to bring sweeping changes to this state that endure today; and
WHEREAS, his tenure as Governor marked the transition of Georgia's political world into a new era; and
WHEREAS, it is fitting and proper that a suitable tribute be created as a lasting testi mony to his contributions to the State of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA that there is created the Ellis Gibbs Arnall Tribute Commission to be composed of six members as follows: two members shall be private citizens appointed by the Governor; two members shall be private citizens appointed by the Speaker of the House of Represent atives; and two members shall be private citizens appointed by the President of the Senate.

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The Governor shall designate one of his appointees as chair of the commission. The commis sion is empowered to provide for the creation of an appropriate tribute on state property to the Honorable Ellis Gibbs Arnall. The commission is authorized to select the site on state property where such appropriate tribute shall be placed, provided that the site selected shall be subject to the approval of the State Properties Commission or such state agency having control thereof. Such tribute shall be financed through voluntary contributions and no state funds shall be expended for such tribute or the work of the commission. The commission is authorized to accept any gift, donation, or grant in furtherance of its purpose and is author ized to work with any private group, organization, association, or corporation having for its purpose the same purpose as the commission created in this resolution. The commission shall meet as soon as practicable after all members have been designated. The commission shall exist until such time as its purpose is accomplished, at which time it shall stand abolished.

Senator Oliver of the 42nd moved that the Senate agree to the House substitute to SR 156.

On the motion, 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 B/C~nhuerteoki ns CCloalyeman
Crotts
Dawkins Day Dean
Edge Egan

Farrow Gillis Glanton Gochenour Harbison gemmer HTHToilol ki s IHsaukgsgoinns
Kemp
Langford of 35th Langford of 29th Madden
Marable Middleton

Newbill Oliver Perdue Pollard p^a,, of llth R of 32nd RKTalst. on
Robi. nson Taylor
Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Alien Bowen

Garner Henson Parrish

Scott Slotin Starr

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 156.

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

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.

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1637

The House amendment was as follows:
Amend SB 202 as follows: On page 1, line 26, strike "shall be"; on page 2, line 1, strike "entitled to" and replace the same with the word "may".
Senator Kemp of the 3rd moved that the Senate agree to the House amendment to SB 202 as amended by the following amendment:
Amend the House amendment to SB 202 by inserting at the end thereof the following: "Strike on line 5 of page 1 the words 'shall be entitled to' and insert in lieu thereof the word 'may'."

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 Broun of 46th Brown of 26th
Coleman Crotts Dawkins 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 Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Balfour Bowen Day

Garner Glanton Parrish

Perdue Starr Taylor

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House amendment as amended by the Senate.

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

Mr. President:

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

SR 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;

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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.
SR 234. By Senator Robinson of the 16th:
A resolution designating the Medal of Honor Highway for Freeman V. Horner.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
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 House has passed by the requisite constitutional majority the following bills of the House and Senate:
HB 1005. 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 change the city officer who shall act as treasurer.
HB 1081. By Representatives Chandler of the 99th and Hembree of the 98th:
A bill to amend an Act providing for election districts for election to the board of education of Douglas County, so as to change the composition of certain educa tion districts.
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.
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.

WEDNESDAY, MARCH 17, 1993

1639

The House has adopted by the requisite constitutional majority the following resolution of the House:

HR 374. By Representative Lane of the 55th: A resolution creating the Fulton County Recreation Study Commission.

The House has adopted by the requisite constitutional majority the following resolution of the Senate:

SR 327. By Senators Robinson of the 16th, Hooks of the 14th, Dawkins of the 45th and Ray of the 19th:
A resolution relative to adjournment.

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

HB 1005. 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 change the city officer who shall act as treasurer. Referred to Committee on Urban and County Affairs.

HB 1081. By Representatives Chandler of the 99th and Hembree of the 98th:
A bill to amend an Act providing for election districts for election to the board of education of Douglas County, so as to change the composition of certain educa tion districts.
Referred to Committee on Urban and County Affairs.

HR 374. By Representative Lane of the 55th: A resolution creating the Fulton County Recreation Study Commission.
Referred to Committee on Rules.

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

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.
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 Balfour Baugh Blitch Boshears Broun of 46th

Brown of 26th Burton Clay Coleman Crotts Dawkins

Day Dean Edge Egan Farrow Garner

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Gillis Gochenour Harbison Hemmer Hill Hooks Huggins Isakson Langford of 35th

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

Ray Robinson Scott Slotin Starr Thomas Thompson Turner Tysinger

Voting in the negative were Senators Alien and Kemp.

Those not voting were Senators:

Bowen Cheeks Glanton

Henson Parrish Perdue

Ralston Taylor Walker

On the passage of the bill, the yeas were 45, nays 2.

The bill, having received the requisite constitutional majority, was passed.
The following resolution of the Senate was taken up for the purpose of considering the House amendment thereto:

SR 158. By Senator Thompson of the 33rd: A resolution designating the Lucius D. Clay Memorial Parkway.

The House amendment was as follows:

Amend SR 158 as follows:
After line 15, page 3, create a new paragraph:
"BE IT FURTHER RESOLVED that this Resolution shall become effective on Sep tember 1, 1993."

Senator Thompson of the 33rd moved that the Senate agree to the House amendment to SR 158.

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 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 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

Thompson Turner

Tysinger Walker

Those not voting were Senators:

Bowen Dawkins

Henson

Thomas

On the motion, the yeas were 52, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SR 158.

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

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.
Senate Sponsor: Senator Robinson of the 16th.

The Senate Committee on Judiciary offer the following substitute to HB 523:

A BILL
To be entitled an Act 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; to provide conditions for such liens; to provide for the attachment of such liens; to provide for recording of claims for liens; to provide for the contents of the lien notice and other matters relative to such notice; to provide for civil actions to enforce such liens; to provide for pleadings and other matters relative to such actions; to provide for escrow accounts in connection with claims for liens; to provide for release or extinguishment of such liens; 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 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens, is amended by adding a new Part 15 to read as follows:
"Part 15
44-14-600. This part shall be known and may be cited as the 'Commercial Real Estate Broker Lien Act.'
44-14-601. As used in this part, the term:
(1) 'Broker' means a broker as defined in paragraph (2) of Code Section 43-40-1.
(2) 'Client' means a person or entity having an interest in real property that has entered into a written brokerage agreement with a real estate broker relative to such property.
(3) 'Commercial real estate' means any real estate other than real estate containing one to four residential units; real estate on which no buildings or structures are located and which is not zoned for nor available for commercial, multifamily, or retail use; or real estate classified as agricultural for tax assessment purposes. Commercial real estate shall not in clude single-family residential units such as condominiums, townhomes, mobile homes, or homes in a subdivision when sold, leased, or otherwise conveyed on a unit by unit basis even though these units may be part of a larger building or parcel of real estate containing more than four residential units.
(4) 'Conveyance' means a sale, lease, or other transfer of commercial real estate.

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(5) 'Real estate' means real estate as defined in paragraph (8) of Code Section 43-40-1.
44-14-602. (a) Any real estate broker who is not an employee or independent contractor of another real estate broker shall have a lien, in the amount of the compensation agreed upon by and between the broker and the landlord or seller or other client or customer, upon commercial real estate or any interest in commercial real estate:
(1) Arising out of a listing agreement or any other agreement for the management, sale, or lease of or otherwise conveying any interest in the commercial real estate as evidenced by a writing signed by the owner or its expressly authorized agent and with written notice to the party whose property may be liened, if different from the parties to the agreement;
(2) As to which the broker or broker's employees or independent contractors have pro vided licensed services that result in the procuring of a person or entity ready, willing, and able to enter and who actually enters into a purchase or lease or otherwise accepts a convey ance of the commercial real estate or any interest in the commercial real estate upon terms acceptable to the owner as evidenced by an agreement or conveyance signed by the owner or its expressly authorized agent and with written notice to the party whose property may be liened, if different from the parties to the agreement; or
(3) When a broker having a written agreement with a prospective buyer or tenant to represent the buyer or tenant as to the purchase, lease, or other conveyance of commercial real estate becomes entitled to compensation and with written notice to the party whose property may be liened, if different from the parties to the agreement.
(b) A lien shall attach to the commercial real estate, or any interest in commercial real estate as described in subsection (a) of this Code section, upon the broker's recording a notice of lien in the county land records in the office of the clerk of the superior court in the county in which the real property or interest in the real property is located.
(c) When payment to a broker is due in one lump sum and not paid, the claim for lien must be recorded within 90 days after the tenant takes possession of the leased premises or the transaction procured by the broker is closed.
(d) When payment to a broker is due in installments, all or a portion of which is due only after a conveyance of the commercial real estate, any claim for lien for those payments due after conveyance may be recorded at any time subsequent to the conveyance so long as the claim for lien is recorded within 90 days of the date the payment was due and not paid.
(e) If a broker has a written agreement with a client as provided for in paragraph (3) of subsection (a) of this Code section, then the lien shall attach to the client's interest upon the client's purchasing, leasing, or otherwise accepting a conveyance of the commercial real estate and the recording of a notice of lien by the broker in the county land records, in the office of the clerk of the superior court of the county in which the real property or interest in the real property is located, within 90 days after the later of purchase, lease, or other conveyance or transfer to the buyer or tenant or the failure of the buyer or tenant to com pensate the broker or to cause the broker to be compensated pursuant to its agreement.
(f) If a broker has a written management agreement for an improved property, then the claim for lien must be recorded within 90 days of the termination of the agreement.
(g) If a broker claims a lien based upon an option to purchase or lease, the lien must be filed within 90 days of the date the transaction for which a commission or other fee is due or within 90 days of the date the transaction for sale, lease, or other conveyance is closed, whichever is later.
(h) The lien notice shall state the name of the claimant, the name of the owner, a description of the property upon which the lien is being claimed, the amount for which the lien is claimed, and the real estate license number of the broker. The notice of lien shall recite that the information contained in the notice is true and accurate to the knowledge of the signatory. The lien notice shall recite that the agreement under which the lien arises or upon which the lien is based disclosed to all parties that a lien might be claimed under this

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part. The notice of lien shall be signed by the broker or by a person expressly authorized to sign on behalf of the broker and shall be verified.
(1) The broker shall mail a copy of the notice of lien to the owner of the commercial real estate by certified mail. The broker's lien shall be void and unenforceable if recording does not occur at the time and in the manner required by this Code section.
(j) (1) A broker may bring suit to enforce a lien in the superior court in the county where the property is located by filing a verified complaint and sworn affidavit that the lien has been recorded. Within one year after recording the lien, the broker claiming a lien shall commence proceedings by filing a complaint. Failure to commence proceedings within one year after recording the lien shall extinguish the lien. A broker claim the lien based upon an option to purchase or lease shall, within six months after the transfer or conveyance of the commercial real estate under the exercise of the option, commence proceedings by filing a complaint. Failure to commence proceedings within this time shall extinguish the lien.
(2) No subsequent notice of lien may be given for the same claim nor may that notice be asserted in any proceedings under this part.
(3) A complaint under this subsection shall contain a brief statement of the contract or agreement on which the lien is founded, the date when the contract or agreement was made, a description of the services performed, the amount due and unpaid, a description of the property that is subject to the lien, and other facts necessary to state a claim for the pay ment of a commission, fee, or other compensation due the broker. The plaintiff shall make all interested parties, whose interest in the real estate is affected by the action, and of whom the plaintiff is notified or has knowledge, defendants to the action, and shall issue summons and provide service as in other civil actions. Complaint, answer, summons, service, and all other particulars of suit shall be made in accordance with Chapter 11 of Title 9, the 'Georgia Civil Practice Act.' All liens claimed under this part shall be foreclosed as provided for in Code Section 44-14-530.
(k) The costs and expenses of all proceedings brought under this part, including reason able attorney's fees actually incurred, costs, and prejudgment interests due to the prevailing party, shall be borne by the nonprevailing party or parties. When more than one party is responsible for costs, fees, and prejudgment interests, the costs, fees, and prejudgment inter ests shall be equitably apportioned by the court among those responsible parties.
44-14-603. Prior recorded liens and liens for ad valorem taxes shall have priority over a broker's lien.
44-14-604. Except as otherwise provided in this Code section, whenever a claim for lien has been filed with the clerk of a superior court that would prevent the closing of a transac tion or conveyance, an escrow account shall be established from the proceeds from the transaction or conveyance in an amount sufficient to release the claim for lien. The require ment to establish an escrow account, as provided for in this Code section, shall not be cause for any party to refuse to close the transaction. These moneys shall be held in escrow until the parties' rights to the escrowed moneys have been determined by written agreement of the parties, by a court of law, or by any other process which may be agreed to by the parties for resolution of their dispute. Upon the escrow of funds in the amount of the claimed lien, the lien or claim of lien shall be automatically dissolved. Upon the release of the commercial real estate lien by the broker, the broker shall be deemed to have an equitable lien on the escrow funds pending a resolution of the broker's claim and the escrow shall not be released until a resolution is reached and agreed to by all necessary parties or ordered by a court. The parties are not required to follow this escrow procedure if alternative procedures which would allow the transaction to close are available and are acceptable to the transferee in the transaction. If the proceeds from the transaction are insufficient to release all liens claimed against the commercial real estate, including the broker's lien, then the parties are not re quired to follow the escrow procedure in this Code section.
44-14-605. (a) Whenever a claim for lien has been filed with the superior court and a condition occurs that would preclude the broker from receiving compensation under the

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terms of the broker's written agreement, the broker shall provide to the owner of record a written release or satisfaction of the lien.
(b) Upon written demand of the owner, lienee, or other authorized agent served on the broker claiming the lien requiring that suit be commenced to enforce the lien or answer be filed in a pending suit, a suit shall be commenced or answer filed in a pending suit, within 90 days thereafter, or the lien shall be extinguished. Service of such demand shall be in the manner required by Chapter 11 of Title 9, the 'Georgia Civil Practice Act,' for the service of a summons and complaint.
(c) Whenever a claim for lien has been timely filed with the clerk of the superior court and is paid, or where there is failure to institute a suit to enforce the lien within the time provided by this part, the lien shall be invalid and the broker shall acknowledge satisfaction or release of the lien, in writing, on written demand of the owner within 30 days after pay ment or expiration of the time in which to perfect the lien. This release of the broker shall not be required to invalidate the lien.
(d) The broker's right to file and record a lien provided for in this part shall be dis solved if the owner, purchaser from owner, lender providing a loan secured by commercial real estate, or other holder of lienable interest in commercial real estate shows that:
(1) The lien has been waived in writing by the lien claimant or its expressly authorized agent; or
(2) The owner or a person at whose instance the brokerage or management services were provided has given a sworn written statement that all such compensation due or to become due has been paid or has been waived in writing by the potential lien claimant; and
(3) At the time the sworn written statement was obtained or given as part of a bona fide sale or a loan secured by the commercial real estate, the lien of record had not been previ ously canceled, dissolved, or expired."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Farrow of the 54th offered the following amendment:
Amend the substitute to HB 523 offered by the Senate Committee on Judiciary by striking from lines 9 and 10 of page 5 the following:
"agreement under which the lien arises or upon which the lien is based",
and inserting in lieu thereof the following:
"broker has".
By striking from line 17 of page 5 the following: "at",
and inserting in lieu thereof the following:
"within".
On the adoption of the amendment, the yeas were 39, nays 0, and the amendment was adopted.
On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

WEDNESDAY, MARCH 17, 1993

1645

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 BHtch Boshears Broun of 46th Brown of 26th Burton Cheeks Q Coleman Crotts
Dean Edge Egan

Farrow Gillis Glanton Gochenour Harbison Hemmer Henaon 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

Those not voting were Senators:

Bowen Dawkins Garner

Langford of 35th Taylor

Thomas Walker

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

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

HB 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.

Senate Sponsor: Senator Coleman of the 1st.

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

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

Those voting in the affirmative were Senators:

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 Henson Hill
Hooks Huggins Isakson

Kemp Langford of 35th Langford of 29th Madden Newbill Oliver Parrish Perdue Pollard Ragan of 32nd Ralston
Ray Robinson Scott

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Slotin Starr

Taylor Thomas

Thompson Tysinger

Those voting in the negative were Senators:

Hemmer Marable

Middleton Ragan of llth

Turner

Those not voting were Senators:

Edge

Glanton

Walker

On the passage of the bill, the yeas were 48, nays 5.

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

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.
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 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 Hooks 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 Thompson Turner Tysinger Walker

Those not voting were Senators:

Edge

Muggins

Hill

Oliver

Thomas

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

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

WEDNESDAY, MARCH 17, 1993

1647

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.
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
nBrouen" off 4A6at^h Brown of 26th Burton
Cheeks Qlay Crotts Day Dean Edge Egan

Farrow Gillis Glanton
Gochenour Harbison Hemmer
HRiol1oks .. . Hoggins
Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton

Newbill Oliver Parrish
Perdue Pollard Ragan of llth
RRaaglsatnonof 32nd ,, Ray
Slotm Starr Taylor Thompson Turner Tysinger Walker

Those not voting were Senators:

Coleman Dawkins Garner

Henson Robinson

Scott Thomas

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

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

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.
Senate Sponsor: Senator Balfour of the 9th.

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:

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

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

Marable Middleton Newbill Oliver Parrish Perdue Pollard Ragan of 32nd Ralston Ray Scott Starr Taylor Turner Walker

Those not voting were Senators:

Alien Coleman Glanton Huggins

Ragan of llth Robinson Slotin

Thomas Thompson Tysinger

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

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

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.
Senate Sponsor: Senator Thomas of the 10th.

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

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

Those voting in the affirmative were Senators:

Abernathy 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 Henson Hill

Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton Newbill Oliver Parrish

WEDNESDAY, MARCH 17, 1993

1649

Perdue Pollard Ragan of llth Ragan of 32nd
Ralston

Ray Robinson Slotin Starr
Taylor

Thomas Thompson
v Turner
Walker

Those not voting were Senators:

Alien Balfour

Baugh Coleman

Scott Tysinger

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

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

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.
Senate Sponsor: Senator Middleton of the 50th.

The Senate Committee on Agriculture offered the following amendment:

Amend HB 421 by striking in their entirety lines 3 through 9 on page 2 and inserting in lieu thereof the following:
"2-12-101. Horticultural growing media are one of the foundations of successful horti cultural businesses. As such, it is vital that growers are adequately informed of the basic contents of such media. The purpose of this article is to ensure that horticultural growing media are accurately labeled to reflect their known composition and are suitable for their intended purpose."
By striking from line 34 of page 2 the following:
"or, in the case of a bulk".
By striking from line 1 of page 3 the following:
"product,".
By striking from line 15 of page 3 the word "and".
By striking from line 16 of page 3 the word "guaranteeing".
By adding on line 33 of page 3 between the word "hours" and the word "and" the words "upon notice".
By striking from line 33 of page 4 the word "bulk".
By adding on line 15 of page 5 between the word "suitability" and the period the following:
"for its intended purpose".

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

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

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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 Baugh Blitch Boshears
Bowen t Brown of 26th "rtn
~neeKS Day j)ean Egan Farrow Gillis Glanton Gochenour

Harbison Hemmer Henson Hooks
Huggins Isflk8on 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

Those not voting were Senators:

Alien Balfour
Broun of 46th Coleman

Crotts Dawkins Edge

Garner Hill Tysinger

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

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

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

Mr. President:

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

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

SB 333. By Representative 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.

WEDNESDAY, MARCH 17, 1993

1651

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

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

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 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.

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

SR 21. By Senators Isakson of the 21st, Garner of the 30th, Cheeks of the 23rd and others:
A resolution creating the Atlanta Campaign Commission.

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

HB 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.
Senate Sponsor: Senator Starr of the 44th.

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The following Memorandum, as required by law, was read by the Secretary:

DEPARTMENT OF AUDITS 254 Washington Street, S.W.
Room 214 Atlanta, Georgia 30334-8400

MEMORANDUM

TO:

The Honorable Bill Dover, Chairman

House Ways and Means Committee

FROM:

Claude L. Vickers, State Auditor Henry M. Huckaby, Director, Office of Planning and Budget

DATE:

February 18, 1993

SUBJECT: Fiscal Note--House Bill 385 (LC 18 5426) Withholding Tax on the Sale or Transfer of Property

This bill would provide for a withholding tax on the sale or transfer of real property and associated tangible property by certain nonresidents. If enacted, this bill would require the buyer or transferee to withhold tax equal to 3 percent of the purchase price and to remit this tax to the commissioner. This bill also provides for penalties if the required taxes are not withheld and provides for certain exceptions to the withholding tax. For the purposes of this bill, the term 'nonresident' includes individuals, trusts, partnerships, corporations and unincorporated organizations.

The fiscal impact of this bill depends upon the number of additional transactions that are taxed as a result of the withholding requirement. Although nonresidents are already required to pay taxes on these transactions, there is a potential that some nonresidents may neglect their tax liability since withholding is not a requirement. Currently, the Department of Revenue does not maintain information regarding the number of property transactions involving nonresident sellers or the value of these transactions. Therefore, the approximate number of delinquent taxpayers cannot be determined. Requiring buyers or transferees to withhold taxes will enable the state to collect taxes on all property transactions. It should be noted that the Department of Revenue predicts this bill will result in additional revenue as more nonresidents comply with the state revenue code.

Is/ Claude L. Vickers State Auditor

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

The Senate Committee on Finance and Public Utilities offered the following substitute to HB 385:

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 withholding tax at the source on the sale or transfer of real property and associated tangible property by certain nonresidents; to provide for definitions; to provide for procedures; to provide for exceptions; to provide for penalties; to provide for powers, duties, and authority of the state revenue commissioner with respect to such withholding; to provide for exceptions; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and

WEDNESDAY, MARCH 17, 1993

1653

taxation, is amended by striking paragraph (1) of subsection (f) of Code Section 48-2-56, relating to liens for taxes, and inserting in its place a new paragraph (1) to read as follows:
"(1) Arise and attach to all property of the defaulting employer or other person required to deduct and withhold on the date of the assessment of the taxes by operation of law or by action of the commissioner;".
Section 2. Said title is further amended by adding a new Code section immediately following Code Section 48-7-127, to be designated Code Section 48-7-128, to read as follows:
"48-7-128. (a) As used in this Code section, the term 'nonresident of Georgia' shall in clude individuals, trusts, partnerships, corporations, and unincorporated organizations. Any seller or transferor who meets all of the following conditions and who provides the buyer or transferee with an affidavit signed under oath swearing or affirming that the following con ditions are met will be deemed a resident for purposes of this Code section:
(1) The seller or transferor has filed Georgia income tax returns or appropriate exten sions have been received for the two income tax years immediately preceding the year of sale;
(2) The seller or transferor is in business in Georgia and will continue substantially the same business in Georgia after the sale or the seller or transferor has real property remain ing in the state at the time of closing of equal or greater value than the withholding tax liability as measured by the 100 percent property tax assessment of such remaining property;
(3) The seller or transferor will report the sale on a Georgia income tax return for the current year and file it by its due date; and
(4) If the seller or transferor is a corporation or limited partnership, it is registered to do business in Georgia.
(b) (1) Except as otherwise provided in this Code section, in the case of any sale or transfer of real property and related tangible personal property located in Georgia by a nonresident of Georgia, the buyer or transferee shall be required to withhold and remit to the commissioner on forms provided by the commissioner a withholding tax equal to 3 per cent of the purchase price or consideration paid for the sale or transfer; provided, however, that if the amount required to be withheld pursuant to this subsection exceeds the net proceeds payable to the seller or transferor, the buyer or transferee shall withhold and pay over to the commissioner only the net proceeds otherwise payable to the seller or transferor. Any buyer or transferee who fails to withhold such amount shall be personally liable for the amount of such tax.
(2) The liability imposed by this subsection shall be paid upon notice and demand by the commissioner or the commissioner's delegate and shall be assessed and collected in the same manner as all other withholding taxes imposed by this article.
(c) If the seller or transferor determines that the amount required to be withheld pursu ant to paragraph (1) of subsection (b) of this Code section will result in excess withholding on any gain required to be recognized from the sale, the seller or transferor may provide the buyer or transferee with an affidavit signed under oath swearing or affirming to the amount of the gain required to be recognized from the sale, and the buyer or transferee shall with hold 3 percent of the amount of the gain required to be recognized, if any, stated in the affidavit rather than as provided in paragraph (1) of subsection (b) of this Code section. If, however, the amount required to be withheld pursuant to this subsection exceeds the net proceeds payable to the seller or transferor, the buyer or transferee shall withhold and pay over to the commissioner only the net proceeds otherwise payable to the seller or transferor.
(d) Subsection (b) of this Code section shall not apply where:
(1) The real property being sold or transferred is a principal residence of the seller or transferor within the meaning of Section 1034 of the Internal Revenue Code;

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(2) The seller or transferor is a mortgagor conveying the mortgaged property to a mort gagee in foreclosure or in a transfer in lieu of foreclosure with no additional consideration; or
(3) The transferor or transferee is an agency or authority of the United States of America, an agency or authority of the State of Georgia, the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, or the Government National Mortgage Association, or a private mortgage insurance company.
The commissioner may by regulation set a purchase price amount below which no withhold ing is required.
(e) (1) Unless otherwise provided, if the seller or transferor is a partnership or Subchapter 'S' corporation or other unincorporated organization which certifies to the buyer or transferee that a composite return is being filed on behalf of the nonresident partners, shareholders, or members and that the partnership, Subchapter 'S' corporation, or unincor porated organization remits the tax on the gain on behalf of the nonresident partners, share holders, or members, the buyer or transferee shall not be required to withhold as provided in this Code section. Any nonresident partner, shareholder, or member who falsely certifies that a composite return is being filed on behalf of such partner, shareholder, or member shall be liable for a penalty in the amount of $500.00 or 10 percent of the amount required to be withheld, whichever is greater.
(2) The penalty imposed by this subsection shall be paid upon notice and demand by the commissioner or the commissioner's delegate and shall be assessed and collected in the same manner as the withholding tax imposed by this article.
(f) Every buyer or transferee of real property located in Georgia who is required to deduct and withhold the withholding tax imposed by subsection (b) of this Code section shall file the required return and remit payment to the department on or before the last day of the calendar month following the calendar month within which the sale or transfer giving rise to the withholding tax occurred."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable with respect to any sale or transfer occurring on or after January 1, 1994.
Section 4. All laws and parts of law 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 Clay

Coleman 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

WEDNESDAY, MARCH 17, 1993

1655

Oliver Parrish PPoerlldaured
Ragan of llth Ragan of 32nd

Ralston Robinson SSlcoottitn
Starr Taylor

Thomas Thompson TT-u,,rTMne-r.
Tysinger Walker

Those not voting were Senators:

Crotts

Garner

Ray

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

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

HB 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.
Senate Sponsor: Senator Robinson of the 16th.

The Senate Committee on Ethics offered the following amendment:

Amend HB 972 by striking all material beginning with line 32 on page 2 and ending with line 2 on page 3, both inclusive, and inserting in lieu thereof the following:
"(6) If the application is submitted on motion of the committee, be sought by the chair or acting chair only after notification to the person whose conduct is in issue that the sub poena will be sought."

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 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

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Slotin Starr Taylor

Thomas Thompson

Turner Tysinger

Those not voting were Senators:

Abernathy Garner

Scott

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.

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.
Senate Sponsor: Senator Dean of the 31st.

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

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

Those voting in the affirmative were Senators:

Abernathy Alien Halfour 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 35th Langford of 29th Madden 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:

Bowen Garner

Ragan of llth Robinson

Walker

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

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

WEDNESDAY, MARCH 17, 1993

1657

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 House:

HB 842. By Representatives Culbreth of the 132nd, Carrell of the 87th, Hudson of the 156th 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.

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

Those voting in the affirmative were Senators:

Abernathy Alien Blitch Broun of 46th Brown of 26th
pCDoa,wloeekmkisnans Dean Egan Garner Gillis

Harbison Hemmer Henson Hooks Hugging
KLaenmgpf,,ord. of,, 35th Langford of 29th Madden Marable Middleton

Oliver Parrish Ragan of llth Ray Robinson
SS_,clootti.tn Taylor Thomas Turner Tysinger

Those voting in the negative were Senators:

Balfour Baugh Boshears Burton Clay Crotts

Day Edge Farrow Glanton Gochenour Isakson

Newbill Perdue Pollard Ragan of 32nd Ralston Thompson

Those not voting were Senators:

Bowen Hill

Starr

Walker

On the motion, the yeas were 34, nays 18; the motion prevailed, and HB 842 was recon sidered and placed on the Senate General Calendar.

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

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.
Senator Sponsor: Senator Ray of the 19th.

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:

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

Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson aSco^tt Slotin Starr Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Blitch Bowen Garner

Hill Newbill

Oliver Walker

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

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

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.
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:

Abernathy Alien Balfour Blitch Boshears Broun of 46th Brown of 26th Burton Cheeks Clay Coleman

Crotts Dawkins Day Dean Edge Egan Farrow Gillis Gochenour Hemmer Henson

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

WEDNESDAY, MARCH 17, 1993

1659

Oliver Parrish
** Ragan of llth Ragan of 32nd

Ralston Ray
Scott Slotin Starr

Taylor Thomas
Thompson Turner Tysinger

Those not voting were Senators:

Baugh Bowen Garner

Glanton Harbison

Robinson Walker

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

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

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.
Senate Sponsor: Senator Madden of the 47th.

Senator Isakson of the 21st offered the following amendment:

Amend HB 941 by striking lines 1, 2, and 3 on page 1 and inserting in lieu thereof the following:
"To amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, historic areas, and related matters, so as to provide that prior to undertaking or mod ifying projects of a certain magnitude, certain state authorities shall evaluate the feasibility of involving private persons or entities in any project and in any such activity; to change".
By striking lines 14, 15, and 16 of page 1 and inserting in lieu thereof the following:
"Section 1. Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, historic areas, and related matters, is amended by striking in its entirety paragraph (6) of Code Section 12-3-194, relating to the powers of the Stone Mountain Memorial Asso ciation, and inserting in lieu thereof the following:
'(6) To construct, reconstruct, lay out, repair, develop, improve, maintain, equip, man age, and operate the project as defined in Code Section 12-3-191, the cost of any such action to be paid in whole or in part from the proceeds of revenue bonds of the association; pro vided, however, that the association shall not undertake any such activity having a projected cost of over $1,000,000.00 unless it has first evaluated the feasibility of involving private persons or entities in the development, construction, operation, and management of the pro ject, including the proposed activities, and has filed a copy of such evaluation with the Office of Planning and Budget?
Section 2. Said chapter is further amended by striking in its entirety paragraph (6) of Code Section 12-3-235, relating to the powers of the Jekyll Island State Park Authority, and inserting in lieu thereof the following:
'(6) To plan, survey, subdivide, improve, administer, construct, erect, acquire, own, re pair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects as defined in Code Section 12-3-231, to be located on property owned or leased by the author ity, the cost of any such project to be paid from its income, from the proceeds of revenue

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anticipation certificates of the authority, or from such proceeds and any grant from the United States of America or any agency or instrumentality thereof, or from the State of Georgia; provided, however, that the authority shall not undertake any such activity having a projected cost of over $1,000,000.00 unless it has first evaluated the feasibility of involving private persons or entities in the development, construction, operation, and management of the authority's existing projects and such proposed activities and has filed a copy of such evaluation with the Office of Planning and Budget;'
Section 3. Said chapter is further amended by striking in its entirety paragraph (6) of Code Section 12-3-294, relating to the powers of the North Georgia Mountains Authority, and inserting in lieu thereof the following:
(6) To plan, survey, subdivide, improve, administer, construct, erect, acquire, own, re pair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects as defined in Code Section 12-3-291, to be located on property owned or leased by the author ity or the state^-the. The cost of any such project te may be paid in whole or in part from its funds of or available tolhe authority including but noTlimited to borrowed money, income, the proceeds of revenue bonds of the authority, ef-frem such proceeds and any grant from the United States of America or any agency or instrumentality thereof; or from the State of Georgia; provided, however, that the authority shall not undertake any such activity having a projected cost of over $1,000,000.00 unless it has first evaluated the feasibility of involving private persons or entities in the development, construction, operation, and management of the authority's existing projects and such proposed activities and has filed a copy of such evaluation with the Office of Planning and Budget."
Section 4. Said chapter is further amended by striking in its entirety paragraph (5) of Code Section 12-3-314, relating to the powers of the Lake Lanier Islands Development Au thority, and inserting in lieu thereof the following:
'(5) To plan, survey, subdivide, administer, construct, erect, acquire, own, repair, re model, maintain, add to, extend, improve, equip, operate, and manage projects as defined in this part, such projects to be located on property owned or leased by the authority. The cost of any such project shall be paid from its income, from the proceeds of revenue anticipation certificates of the authority, or from such proceeds and any loan, gift, or grant from the United States of America or any agency or instrumentality thereof, or the State of Georgia, or any county, municipal, or local government or governing body; provided, however, that the authority shall not undertake any such activity having a projected cost of over $1,000,000.00 unless it has first evaluated the feasibility of involving private persons or enti ties in the development, construction, operation, and management of the authority's existing projects and such proposed activities and has filed a copy of such evaluation with the Office of Planning and Budget;^
Section 5. Said chapter is further amended' ".
By striking line 14 of page 3 and inserting in lieu thereof the following:
"Section 6. Said chapter is further amended by".
By striking line 26 of page 5 and inserting in lieu thereof the following:
"Section 7. Said chapter is further amended by".
By striking line 25 of page 10 and inserting in lieu thereof the following:
"Section 8. Said chapter is further amended by".
By striking line 20 of page 11 and inserting in lieu thereof the following:
"Section 9. Said chapter is further amended by".
By striking the number "6" on line 28 of page 12 and inserting in lieu thereof the number "10".

WEDNESDAY, MARCH 17, 1993

1661

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

The President announced that, pursuant to Senate Rule 143, consideration of HB 941 would be suspended and placed on the Senate General Calendar.

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.
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 Balfour Baugh Boshears Broun of 46th 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

Newbill Oliver Perdue Pollard Ragan of llth
of 32nd Ralston
,,. Robinson
blotm
Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Blitch Bowen

Dean Parrish

Starr Walker

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

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

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.
Senate Sponsor: Senator Perdue of the 18th.

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The senate Committee on Finance and Public Utilities offered the following substitute to HB 797:
A BILL
To be entitled an Act to amend Article 3 of Chapter 4 of Title 13 of the Official Code of Georgia Annotated, relating to payments under contracts, so as to provide for the right for a party paying certain federal manufacturer's taxes under contract to have an option to time those payments to precede immediately the other party's requirement to remit such taxes to the Internal Revenue Service; to provide a method for exercising such option; to provide for a right to security under contracts for payment of such taxes; to provide for applicability to certain contracts; to provide for construction; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 3 of Chapter 4 of Title 13 of the Official Code of Georgia Annotated, relating to payments under contracts, is amended by adding a new Code section immedi ately following Code Section 13-4-42, relating to the appropriation of payments, to be desig nated as Code Section 13-4-43, to read as follows:
"13-4-43. (a) When a contract calls for one party to reimburse the other party for the federal manufacturer's excise tax levied by Part III of Subchapter A of Chapter 32 of the United States Internal Revenue Code, whether as a separate item or as part of the price, there shall exist for the party making the reimbursement a contractual right relating to the timing of that payment which can be invoked at the option of such party as provided in subsection (b) of this Code section.
(b) The party making the reimbursement shall not be required to tender payment for such taxes more than one business day prior to the time that the other party is required to remit such taxes to the United States Internal Revenue Service.
(c) Should a party choose to exercise the option provided in subsections (a) and (b) of this Code section, the other party may demand security for the payment of the taxes in proportion to the amount such taxes represent compared to the security demanded on the contract as a whole. Such party, however, may not change the other payment terms of the contract without a valid business reason other than to exercise the option as provided in subsections (a) and (b) of this Code section except to require the payment of such taxes under such option to be made by electronic transfer of funds.
(d) The party exercising the option set out in subsections (a) and (b) of this Code sec tion shall notify the other party in writing of the intent to exercise such payment option and the effective date of the exercise which shall be no earlier than 30 days after the notice of intent is received or the beginning of the next federal tax quarter, whichever is later.
(e) This Code section shall apply to all contracts now in effect which have no expiration date and are continuing contracts and to all other contracts entered into or renewed after July 1, 1993. Any contract in force and effect on July 1, 1993, which, by its own terms will terminate on a date subsequent thereto, shall be governed by the law as it existed prior to July 1, 1993.
(f) The option set out in subsections (a) and (b) of this Code section shall not be con strued to impair the obligations arising under any contract executed prior to July 1, 1993. Should the option set out in subsections (a) and (b) of this Code section be exercised, it shall not relieve such party of the obligation to make the reimbursement as provided for in the contract but shall affect only the timing of when that reimbursement must be tendered."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted.

WEDNESDAY, MARCH 17, 1993

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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 Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Coleman Crotts Dawkins Day 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 Ralston Ray Robinson Scott Slotin Starr Taylor Thomas Turner Tysinger

Those not voting were Senators:

Balfour Blitch Clay

Dean Garner Isakson

Ragan of 32nd Thompson 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.

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

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.

The House substitute to SR 200 was as follows:

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 con ditions of such an undertaking; authorizing the conveyance of certain state owned real prop erty located in Bulloch County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.

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WHEREAS:
(1) The State of Georgia is the owner of all that certain parcel of land lying and being in Glynn County, Georgia, in the 1499th GMD, containing 4.9 acres, more or less according to a survey prepared hy Hugh D. Thomas, Georgia Registered Land Surveyor No. 1395, dated January 31, 1990, on file with the State Properties Commission (the "State Property");
(2) The State Property is under the custody and management of the State Forestry Commission;
(3) The State Forestry Commission presently occupies a headquarters, fire-fighting, and radio tower facility on property of Glynn County (the "County Property") by prior agree ment with the county; and
(4) Glynn County desires to make its own use of the County Property and is willing to finance the construction of a replacement headquarters, fire-fighting, and radio tower facil ity substantially equivalent to the present facilities (the "replacement facility") for the State Forestry Commission on the State Property, on the condition, however, that the re placement facility be used by the State Forestry Commission to provide forestry services in Glynn County for a period of time;
and
WHEREAS:
(1) The State of Georgia is the owner of a certain parcel of real property located in Bulloch County, Georgia;
(2) Said real property is all that tract or parcel of land lying and being in the 1209th G.M. District of Bulloch County, Georgia, more particularly described as follows: Beginning at a wire fence on the southwest side of U.S. Highway No. 80 at the northwest line of the B. H. Ramsey, Sr. property; thence south 64 degrees west along said fence and B. H. Ramsey, Sr. line a distance of 400 feet to an iron pin; thence north 32 degrees 45 minutes west along the line of property of J. Roy Kelley, W. C. Hodges, Hubert Smith and Clarence Brack a distance of 200 feet to an iron pin; thence north 64 degrees east and continuing along the line of said Kelley, Hodges, Smith and Brack property a distance of 400 feet to an iron pin on the southwest side of U.S. Highway No. 80; thence south 32 degrees 45 minutes east along the southwest side of said highway a distance of 200 feet to the point of beginning;
(3) Said property containing approximately 1.3 acres is under the custody of the Geor gia Department of Agriculture;
(4) The Bulloch County Board of Education has leased the subject property since 1976 and is desirous of acquiring the subject property in order to make certain improvements; and
(5) Said parcel of property is not being utilized by the Department of Agriculture and is therefore surplus to its needs.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL AS SEMBLY OF GEORGIA:
ARTICLE I
Section 1. That the State of Georgia is the owner of the above-described state property in Glynn County. In all matters relating to the conveyance of any real property interest in the state property pursuant to this article, or any other right for its use, the State of Georgia shall act by and through its State Properties Commission.
Section 2. (a) That, subject to the approval of the State Properties Commission, Glynn County and the State Forestry Commission may enter into an agreement for a period not exceeding 50 years which provides for the vacation of the county property by the State Forestry Commission, for the construction of the replacement facility by the state on the

WEDNESDAY, MARCH 17, 1993

1665

state property in Glynn County and for the financing of such construction or payment for such construction by Glynn County.
(b) That such agreement may require that Glynn County pay the actual reasonable cost incurred by the state in designing and constructing the replacement facility, up to $95,000. If the agreement does so provide, the State Properties Commission and the State Forestry Commission may agree to a condition in favor of Glynn County, stated generally as follows: If before the end of the term of the agreement the State Forestry Commission shall cease to occupy and operate the replacement facility for the purposes for which it was intended, so as to constitute an abandonment of the property, the state will convey title to the state property, including the replacement facility, to Glynn County. The parties may specify a period of time of consecutive nonuse of the replacement facility, which period of nonuse shall be deemed to be prima-facie evidence of intent to abandon the property.
Section 3. That if such an agreement between Glynn County and the State Forestry Commission has not been joined in or otherwise approved by the State Properties Commis sion within three years after this article becomes law, this article shall have no further force and effect.
Section 4. That any conveyance of an interest in real property pursuant to this article shall be recorded by the grantee in the real property records of the Superior Court of Glynn County and a recorded copy shall be forwarded to the State Properties Commission.
ARTICLE II
Section 5. That the State of Georgia is the owner of the above-described real property in Bulloch County and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
Section 6. That the above-described real property in Bulloch County shall be conveyed by appropriate instrument to the Bulloch County Board of Education by the State of Geor gia, acting by and through the State Properties Commission, for a consideration of $650.00 so long as the property is used for public purposes and upon such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.
Section 7. That the above-referenced lease agreement between the State of Georgia and the Bulloch County Board of Education dated October 15, 1976, having a term of 25 years shall be extinguished upon conveyance of the above-described property.
Section 8. That if the Bulloch County Board of Education determines the need to con vey all or a portion of the above-described property to a private person or corporation or other entity, then, before any such disposition, the State Properties Commission shall have first approved both the disposition and the monetary consideration for said disposition, which consideration shall not be less than the fair market value of such property. Any such State Properties Commission approval shall be conditioned on said monetary consideration, less any incurred expenses of disposition which have been approved by the State Properties Commission, being received and deposited by the State Properties Commission into the treasury of the State of Georgia.
Section 9. That the authorization in this article to convey the above-described property to the Bulloch County Board of Education shall expire three years after the date that this article becomes effective.
Section 10. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
Section 11. That the deed of conveyance shall be recorded by the grantee in the Supe rior Court of Bulloch County and a recorded copy shall be forwarded to the State Properties Commission.

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ARTICLE III
Section 12. That this resolution shall become effective upon its approval by the Gover nor or upon its becoming law without such approval.
Section 13. That all laws and parts of laws in conflict with this resolution are repealed.

Senator Kemp of the 3rd moved that the Senate agree to the House substitute to SR 200.

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

Those voting in the affirmative were Senators:

Abernathy Alien 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 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 Walker

Those not voting were Senators:

Balfour Blitch

Robinson

Starr

On the motion, the yeas were 52, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 200.

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

SB 9. By Senators Hill of the 4th, Hooks of the 14th, Henson of the 55th and others:
A bill to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to 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 House substitute to SB 9 was as follows:

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

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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. 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 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

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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 not 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."
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; provided, however, that nothing in this Code section shall be construed so as to discourage the use of retreaded tires on other size rims or other types of vehicles if an agency, department, or authority deems such use to be economical, feasible, and desirable.
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 and publish standards for the compost and mulch required by subsection (a) of this Code section 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, the purchase of source reduced products, and where feasible discontinuing the use of 8 Vi" 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 moved that the Senate agree to the House substitute to SB 9.

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 Boshears Bowen Broun of 46th Brown of 26th 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 Perdue Pollard Ragan of llth Ragan of 32nd

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Ralston Ray Scott

Slotin Taylor Thomas

Thompson Tysinger Walker

Those not voting were Senators:

Blitch Coleman

Robinson Starr

Turner

On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 9.

The following local bill of the House was taken up for the purpose of considering the Conference Committee report 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.

The Conference Committee report on HB 557 was as follows:
The Committee of Conference on HB 557 recommends that the Senate recede from its position and that HB 557 as passed by the House of Representatives be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Steve Thompson Senator, 33rd District
/s/ Charles C. Clay Senator, 37th District
/s/ Johnny Isakson Senator, 21st District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Roy E. Barnes Representative, 33rd District
/s/ Lynda Coker Representative, 31st District
/s/ Matt A. Towery Representative, 30th District

Senator Ragan of the 32nd moved that the Senate adopt the Conference Committee report on HB 557.

On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 557.

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

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 House substitute to SB 115 was as follows:

A BILL To be entitled an Act to amend Chapter 28 of Title 43 of the Official Code of Georgia

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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; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 28 of Title 43 of the Official Code of Georgia Annotated, relating to occupational therapists, is amended by striking Code Section 43-28-8, relating to license requirements, and inserting in its place a new Code section to read as follows:
"43-28-8. No person shall:
(1) Practice occupational therapy; ad or
(2) Hold himself or herself out as an occupational therapist or an occupational therapy assistant or as being able to render occupational therapy services in this state unless that person is licensed in accordance with this chapter."
Section 2. Said chapter is further amended by striking subsection (a) of Code Section 43-28-9, relating to qualifications for licensing, and inserting in its place a new subsection to read as follows:
"(a) An applicant applying for a license as an occupational therapist or as an occupa tional therapy assistant shall file written application, on forms provided by the board, show ing to the satisfaction of the board that he such applicant meets the following requirements:
(1) Is of good moral character;
(2) Has successfully completed the academic requirements of an educational program in occupational therapy recognized by the board, with concentration in biological or physical science, psychology, and sociology and with education in selected manual skills. For an occu pational therapist or occupational therapy assistant, such a program shall be accredited by the American Occupational Therapy Association in collaboration with the American Medi cal Association a recognized accrediting agency acceptable to the board. For an occupational therapy assistant, such a program shall be approved by the American Occupational Therapy Association. Other comparable educational programs such as those approved by the World Federation of Occupational Therapists may be recognized by the board upon evaluation of detailed program and course content;
(3) Has successfully completed a period of supervised field work experience at a recog nized educational institution or a training program accredited as provided in paragraph (2) of this Code section. For an occupational therapist, a minimum of six months of supervised field work experience is required. For an occupational therapy assistant, a minimum of two months of supervised field work experience is required; and
(4) Has passed an examination as provided for in Code Section 43-28-10."
Section 3. Said chapter is further amended by striking paragraph (3) of Code Section 43-28-15, relating to exceptions, and inserting in its place the following paragraph:
"(3) Any person pursuing a course of study leading to a degree or certificate in occupa tional therapy in an educational program which is approved by the American Occupational Therapy Association in collaboration with the American Medical Association accredited by a recognized accrediting agency acceptable to the board and if such person is designated by a title which clearly indicates bis such person's status~as a student or trainee;".
Section 3.1. Said chapter is further amended by striking "; or" from paragraph (6) of Code Section 43-28-15, relating to exceptions, and inserting a semicolon in its place, by striking the period at the end of paragraph (7) of said Code section and inserting "; or" in its place, and by adding immediately thereafter the following:
"(8) Persons registered as rehabilitation suppliers by the Georgia Board of Workers' Compensation, including those registered before July 1, 1992, but only when practicing re habilitation counseling as a designated principal rehabilitation supplier pursuant to Chapter

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9 of Title 34 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 34-9-200.1."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Henson of the 55th moved that the Senate agree to the House substitute to SB 115.

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 Boshears Broun of 46th Brown of 26th Burton Cheeks Clay Crotts 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 Slotin Starr Taylor Thompson Tysinger

Voting in the negative was Senator Glanton.

Those not voting were Senators:

Blitch Bowen Coleman

Robinson Scott Thomas

Turner Walker

On the motion, the yeas were 47, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 115,

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

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.

The House substitute to SR 232 was as follows:

A RESOLUTION
Designating the Chattahoochee Valley Trail Scenic Highway and the R. G. Daniell, Sr., Memorial Highway; and for other purposes.
Part 1
WHEREAS, southwest Georgia is an area rich in history and beautiful, unspoiled scen ery; and

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WHEREAS, recent efforts to enhance tourism in this region have highlighted the nu merous, outstanding state parks and historic sites of interest to the traveling public, includ ing Providence Canyon State Conservation Park, Florence Marina State Park and Museum, the Old Quitman County Jail, George T. Bagby State Park, Lake Walter F. George, Fort Gaines Historic District, Kolomoki State Park and Indian Burial Mounds, Lake Seminole and Seminole State Park, Willis Park, and the Bainbridge Heritage Tour; and
WHEREAS, it is only fitting and proper to recognize and honor the special heritage of the counties in southwest Georgia through which S.R. 39 passes.
NOW THEREFORE BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that S.R. 39 beginning at Omaha, Georgia, and running south through Stewart County, Quitman County, Clay County, Early County, Seminole County, and Decatur County is designated the Chattahoochee Valley Trail Scenic Highway.
Part 2
WHEREAS, the State of Georgia recognizes from time to time the lives of outstanding Georgians by dedicating certain roads, bridges, buildings, and other facilities in their mem ory; and
WHEREAS, Candler County wishes to recognize a great Georgian for his many contri butions to the State of Georgia and to Candler County; and
WHEREAS, Honorable R. G. Daniell, Sr., chose to reside and raise his family in Can dler county and while there sought to improve the quality of life for all; and
WHEREAS, Honorable R. G. Daniell, Sr., during his life, served his community as a farmer, newspaper publisher, businessman, Farm Bureau president, Kiwanian, and commu nity leader; and
WHEREAS, Honorable R. G. Daniell, Sr., was elected to serve the people of Candler County as state Senator from 1949-1950; and
WHEREAS; the people of Candler County were saddened by his death on June 10, 1991; and
WHEREAS, the State of Georgia wishes to recognize his life and his many contribu tions to Candler County and to the State of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of State Route Highway 46 from the city limits of Metter, Geor gia, to the Bulloch County line shall be designated as the R. G. Daniell, Sr., Memorial Highway.
Part 3
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs at appropriate locations designating the Chattahoochee Valley Trail Scenic Highway and the R. G. Daniell, Sr., Memorial Highway.
BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and di rected to transmit an appropriate copy of this resolution to the commissioner of transportation.

Senator Taylor of the 12th moved that the Senate agree to the House substitute to SR 232.

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

Boshears Bowen

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Broun of 46th Brown of 26th Burton Cheeks
Clay Coleman Crotts DDaeyan
Edge Farrow Garner
Gillis Glanton Gochenour

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

Parrish Perdue Pollard Ragan of i ltn
Ragan of 32nd Ralston R ,,Rob.inson
bcott Slotln Starr
Taylor Thompson Tysinger

Those not voting were Senators:

Blitch Dawkins

Egan Thomas

Turner Walker

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 232.

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

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 House substitute to SR 21 was as follows:

A RESOLUTION
Creating the Georgia War Between the States Commission; to provide for the creation, composition, membership, terms of office, vacancies, officers, and expense allowance of the commission; to provide for the powers and duties of the commission; to provide for the acquisition, maintenance, and restoration of Civil War battlefields and historic sites; to pro vide for the maintenance, protection, and interpretation of battlefields and historic sites under certain conditions; to provide for the assignment of the commission to the Depart ment of Natural Resources for administrative purposes only; to provide for the Department of Natural Resources to furnish certain personnel to assist the commission; to provide for an annual report of the commission's activities; to repeal conflicting laws; and for other purposes.
WHEREAS, the Civil War period in Georgia is one of the most significant and distinc tive aspects of Georgia history which not only defined her people and places, but left its marks on the landscape and in the historic buildings and structures of a broad area of the state; and
WHEREAS, the trail that marked the battle route of Sherman's Atlanta Campaign of 1864 and the March to the Sea, from Chattanooga to Savannah, contains many historic resources; and
WHEREAS, structures such as a rare early nineteenth century railroad tunnel, sites such as the place where Jefferson Davis was captured, ante-bellum homes and buildings, historic cemeteries, factory ruins, and battle sites still stand throughout Georgia; and

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WHEREAS, the National Park Service and the National Civil War Battlefield Protec tion Commission, the Georgia Office of Historic Preservation, and numerous local preserva tionists and historians have created an inventory of historic properties and sites associated with this period in Georgia history; and
WHEREAS, the North Georgia and Coosa Valley Regional Development Centers and the Atlanta Regional Commission representing the ten-county area wherein the route of Sherman's Atlanta Campaign is located have nominated this area as a "Regionally Impor tant Resource" through the state-wide coordinated planning process; and
WHEREAS, there is widespread interest to preserve and promote Civil War period bat tlefields and historic properties and sites and to use these resources to encourage and sup port tourism and economic development; and
WHEREAS, interested public and private organizations and agencies at all levels have begun cooperative efforts which can benefit from a coordinating framework.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That there is created the Georgia War Between the States Commission, here after referred to as the commission, to coordinate planning, preservation, and promotion of the structures, buildings, sites, and battlefields associated with this significant period of our common heritage.
Section 2. (a) That the commission is directed to:
(1) Develop a State of Georgia Civil War Sites Heritage Plan. The plan will promote heritage tourism and provide incentives to local landowners and local governments to pre serve Civil War battlefields and historic sites. Through cooperative agreements between lo cal governments, landowners, and the commission, such entities will work together to pre serve and restore historic sites;
(2) Preserve, conserve, and interpret the legacy of the Civil War in the State of Georgia;
(3) Recognize and interpret important events and geographic locations in the conduct of the Civil War in the State of Georgia, including battle sites associated with Adairsville, Dallas, Lovejoy Station, Marietta, New Hope Church, Resaca, Allatoona, Rocky Face Ridge, Ringgold Gap, Davis Cross Roads, Buckhead Creek, and Griswoldville, as well as other his toric properties associated with the events and consequences of the Civil War;
(4) Recognize and interpret the effect of war on the state's ethnically and culturally diverse civilian population during the war and the postwar reconstruction period;
(5) Establish within the state's Historic Resource Inventory as maintained by the De partment of Natural Resources a geographic data base and information system that can be used to locate, track, and cross-reference significant historical and cultural properties, struc tures, and markers associated with the Civil War;
(6) Acquire or provide funds for the acquisition of Civil War battlegrounds, cemeteries, and other historic properties associated with the Civil War;
(7) Expend funds received from state appropriations and other sources to make grants to municipalities, counties, and nonprofit Civil War organizations for the purposes of main taining and restoring existing Civil War memorials and cemeteries;
(8) Participate in and encourage efforts to establish a state museum to include displays illuminating Georgia's role in the Civil War and the effects of that war on Georgia and its people; and
(9) Encourage the establishment of reference sections relating to the Civil War in high schools and encourage heritage education programs.
(b) That, in carrying out its purposes, the commission is authorized:
(1) To accept loans or grants, or both, of money, materials, or property of any kind

WEDNESDAY, MARCH 17, 1993

1675

from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may impose;
(2) To receive and accept loans, gifts, grants, donations, or contributions of property, facilities, or services, with or without consideration, from any person, firm, or corporation or from the State of Georgia or any agency or instrumentality thereof or from any county, municipal corporation, or local government or governing body; and
(3) To hold, use, administer, and expend such sum or sums as may hereafter be received as income, as gifts, or as appropriations by authority of the General Assembly for any of the purposes of this commission.
Section 3. That the commission is assigned to the Department of Natural Resources for administrative purposes only. The commissioner of natural resources shall appoint person nel within the Department of Natural Resources to facilitate the functions of the commission.
Section 4. (a) That, within the boundaries of Civil War battlefields as provided in the State of Georgia Civil War Sites Heritage Plan, the commission may, with the consent of the owner, acquire by donation, purchase, or exchange lands and interest in Civil War battle fields and memorials together with lands and interest in lands necessary to provide ade quate public access to the battlefields and memorials.
(b) That the commission may make funds available, subject to appropriations for such purpose, for the maintenance, protection, and interpretation of the battlefields and memori als which may be subject to agreements as provided in Section 2 of this Act.
Section 5. (a) (1) That the commission shall consist of 15 members to be appointed as follows:
(A) The Governor shall appoint five members;
(B) The President of the Senate shall appoint five members; and
(C) The Speaker of the House of Representatives shall appoint five members.
(2) That members shall serve for four-year terms and shall be eligible for reappointment; provided, however, that with respect to the initial appointments, each appointing au thority provided for in paragraph (1) of this subsection shall appoint two members for twoyear terms, two members for three-year terms, and one member for a four-year term. The members shall be representative of all of the geographic areas of the state and shall be selected from the state at large with special consideration given to the appointment of per sons associated with those groups or organizations with a demonstrated interest in Civil War history and the preservation of associated sites.
(b) That all successors shall be appointed in the same manner as original appointments. Vacancies in office shall be filled in the same manner as original appointments. An appoint ment to fill a vacancy shall be for the unexpired term. The commission shall elect a chairperson and such other officers as it deems necessary. No vacancy on the commission shall impair the right of the quorum to exercise all rights and perform all duties of the commission.
(c) That the members of the commission shall receive a daily expense allowance and reimbursement for transportation costs as provided for in Code Section 45-7-21 of the O.C.G.A.; and the members of the commission shall not receive any other compensation for their services as such.
(d) That the commission shall file an annual report with the Governor and the General Assembly containing a summary of the accomplishments of the commission during the pre ceding year and the plans of the commission for the following year.
Section 6. That all laws and parts of laws in conflict with this resolution are repealed.

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Senator Isakson of the 21st moved that the Senate disagree to the House substitute to SR 21.

On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SR 21.

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

HB 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.
Senate Sponsor: Senator Robinson of the 16th.

The following Memorandum, as required by law, was read by the Secretary:

DEPARTMENT OF AUDITS 254 Washington Street, S.W.
Room 214 Atlanta, Georgia 30334-8400

MEMORANDUM

TO:

The Honorable Bill Dover, Chairman

House Ways and Means Committee

FROM:

Claude L. Vickers, State Auditor Henry M. Huckaby, Director, Office of Planning and Budget

DATE:

February 18, 1993

SUBJECT: Fiscal Note--House Bill 384 (LC 18 5427) Withholding Tax on Certain Distributions by Partnerships, Subchapter "S" Corporations, and Limited Liability Companies

This bill would require any partnership, Subchapter "S" corporation, or limited liability company which owns property or does business in this state to withhold taxes on its nonres ident members. The amount of tax withheld would equal 4 percent of the distributions paid or credited to these nonresident members. This bill also outlines the procedures for remit ting the taxes to the state and provides for penalties if the appropriate taxes are not withheld.

The fiscal impact of this bill depends upon the number of nonresident members of partnerships, Subchapter "S" corporations, and limited liability companies who would begin to pay their share of state income tax if this bill is passed. Although these individuals are already required to pay state income tax, there is a potential that some nonresidents have previously neglected their tax liability since withholding is not a requirement. Currently, the Department of Revenue does not maintain information regarding the number of nonresi dents who are subject to state income tax. Therefore, the number of delinquent taxpayers cannot be determined. Requiring these organizations to withhold taxes will enable the state to collect the appropriate income tax on all nonresidents. It should be noted that the De partment of Revenue predicts this bill will result in additional revenue from income tax as more nonresidents comply with the state revenue code.

/s/ Claude L. Vickers State Auditor

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

WEDNESDAY, MARCH 17, 1993

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The Senate Committee on Finance and Public Utilities offered the following substitute to HB 384:
A BILL
To be entitled an Act 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 withholding tax on certain distributions by partnerships, Subchapter "S" corporations, and limited lia bility companies to certain nonresidents; to provide for definitions; to provide for proce dures; to provide for penalties; to provide for returns; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 5 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to current income tax payment, is amended by adding a new paragraph immedi ately following paragraph (2) of Code Section 48-7-100, relating to definitions regarding cur rent income tax payment, to be designated paragraph (2.1), to read as follows:
"(2.1) 'Distribution paid or credited' shall mean any disbursement of funds or recogni tion or assignment of interest in proceeds or property of a partnership, Subchapter 'S' cor poration, or limited liability company which is passed through to the members and which may be subject to Georgia income tax."
Section 2. Said article is further amended by adding two new paragraphs immediately following paragraph (6) of Code Section 48-7-100, relating to definitions regarding current income tax payment, to be designated paragraphs (6.1) and (6.2), to read as follows:
"(6.1) 'Member' shall mean partner, shareholder, or other person to whom the taxpaying obligation of the partnership, Subchapter 'S' corporation, or limited liability company falls.
(6.2) 'Nonresident* shall mean an individual member who resides outside this state and a foreign or domestic corporate member whose headquarters or principal place of business is located outside this state."
Section 3. Said article is further amended by adding a new Code section at the end thereof, to be designated Code Section 48-7-128, to read as follows:
"48-7-128. (a) (1) Any partnership, Subchapter 'S' corporation, or limited liability com pany which owns property or does business within this state shall be subject to a withhold ing tax. Such tax shall be withheld from any distributions paid or credited to members who are not residents of Georgia.
(2) The amount of tax to be withheld for each nonresident member shall be determined by multiplying the distribution paid or credited by a rate of 4 percent. To the extent that the partnership, Subchapter 'S' corporation, or limited liability company remits withholding tax during the course of the tax year which exceeds the Georgia income tax liability of a nonresident member, that member shall be entitled to a refund of the excess withholding at the end of the taxable year.
(3) Any partnership, Subchapter 'S' corporation, or limited liability company which fails to withhold and pay over to the commissioner any amount required to be withheld under this Code section may be liable for a penalty equal to the amount not withheld and paid over. Any penalty imposed under this subsection shall be paid upon notice and demand by the commissioner or the commissioner's delegate and shall be assessed and collected in the same manner as the withholding taxes imposed by this article.
(4) The partnership, Subchapter 'S' corporation, or limited liability company and its members shall be jointly and severally liable for the withholding tax liability imposed under this subsection and shall be assessed accordingly.
(b) (1) As an alternative to the withholding requirement imposed by subsection (a) of

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this Code section, the commissioner may allow the filing of composite returns by partner ships, Subchapter 'S' corporations, or limited liability companies on behalf of their nonresi dent members and may provide for the requirements of riling composite returns by regula tion. For purposes of this subsection, the term 'composite return' shall mean a return filed by a partnership, Subchapter 'S' corporation, or limited liability company on behalf of all of its nonresident members which reports and remits the Georgia income tax of the nonresi dent members.
(2) Where a partnership, Subchapter 'S' Corporation, or limited liability company chooses to file a composite return and meets all the requirements of filing the composite return, such partnership, Subchapter 'S' corporation, or limited liability company shall be exempt from the withholding requirements imposed under subsection (a) of this Code section.
(3) The liability imposed by this subsection shall be paid upon notice and demand by the commissioner or the commissioner's delegate and shall be assessed and collected in the same manner as all other withholding taxes imposed by this article.
(c) (1) If a partnership, Subchapter 'S' corporation, or limited liability company fails to remit withholding for a nonresident member and the commissioner determines that such failure is due to a false representation that the member is a resident of Georgia, there shall be imposed in addition to the tax a penalty of the greater of $250.00 or 5 percent of the amount which should have been withheld. The partnership, Subchapter 'S' corporation, or limited liability company and the nonresident member shall be jointly and severally liable for any such penalty imposed.
(2) The penalty imposed by this subsection shall be paid upon notice and demand by the commissioner or the commissioner's delegate and shall be assessed and collected in the same manner as withholding tax imposed by this article.
(d) (1) Every partnership, Subchapter 'S' corporation, or limited liability company which is required to deduct and withhold the withholding tax imposed by subsection (a) of this Code section shall file the required return on a form approved by the commissioner and remit payment to the department on or before the last day of the calendar month following the calendar month within which the distribution was paid or credited.
(2) Every partnership, Subchapter 'S' corporation, or limited liability company required to deduct and withhold tax under this article shall furnish, within 30 days of the close of its taxable year, to each nonresident member for which tax is withheld a written statement in duplicate, showing the name of the partnership, Subchapter 'S' corporation, or limited lia bility company, the name of the member of the partnership, Subchapter 'S' corporation, or limited liability company, the member's federal tax identification number, the total amount of distributions paid to the member during the taxable year, and the total amount of tax deducted and withheld with respect to the member during the taxable year. The written statement shall be in a form approved by the commissioner and shall contain such addi tional information as the commissioner may prescribe. The partnership, Subchapter 'S' cor poration, or limited liability company shall file copies of all such written statements with the commissioner.
(3) Any partnership, Subchapter 'S' corporation, or limited liability company required to furnish a nonresident member with the written statement required by this subsection which furnishes a false or fraudulent statement or which fails to furnish the statement shall be subject to the penalty contained in subsection (d) of Code Section 48-7-126. The penalty imposed by this subsection shall be paid upon notice and demand by the commissioner or the commissioner's delegate and shall be assessed and collected in the same manner as the withholding tax imposed by this article.
(e) (1) Notwithstanding subsection (a) of this Code section, a partnership, Subchapter

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'S' corporation, or limited liability company shall not be required to deduct and withhold tax for a nonresident manner if:
(A) A composite return is filed on behalf of nonresident members pursuant to the re quirements of filing such composite returns as set by the commissioner;
(B) The aggregate annual distributions made to a member are less than $1,000.00;
(C) A federally chartered Subchapter 'S' corporation fails to meet the requirements of subparagraph (b)(7)(B) of Code Section 48-7-21 and is therefore required to remit corporate income tax;
(D) Compliance will cause undue hardship on the partnership, Subchapter 'S' corpora tion, or limited liability company, provided that no partnership, Subchapter 'S' corporation, or limited liability company shall be exempt from complying with the withholding require ments imposed under subsection (a) of this Code section unless the commissioner approves in writing a written petition for exemption from the withholding requirements based on undue hardship. The commissioner may prescribe the form and contents of such a petition and specify standards for when a partnership, Subchapter 'S' corporation, or limited liabil ity company will not be required to comply with the withholding requirements due to undue hardship;
(E) The distribution is paid or credited to a publicly traded partnership as defined in Section 7704 of the Internal Revenue Code of 1986; or
(F) The member meets one of the exceptions as set forth in the rules and regulations promulgated by the commissioner.
(2) Where distributions paid or credited to nonresident members of partnerships, Subchapter 'S' corporations, or limited liability companies are subject to withholding under other provisions of Georgia law or represent a return of such member's investment or a return of capital, such distributions shall not be subject to withholding under subsection (a) of this Code section.
(f) The commissioner is authorized to prescribe forms and to promulgate rules and reg ulations which the commissioner deems necessary in order to effectuate this Code section."
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable with respect to any distribu tion paid or credited after January 1, 1994.
Section 5. All laws and parts of laws in conflict with this Act are repealed.
Senators Robinson of the 16th and Starr of the 44th offered the following amendment:
Amend the Senate Committee on Finance and Public Utilities substitute to HB 384 by striking "distribution is paid or credited to" and inserting in its place "partnership is" on lines 3 and 4 of page 7.
On the adoption of the amendment, the yeas were 32, nays 0, and the amendment was adopted.
On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

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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 Alien Balfour
Baugh Boshears

Gillis Glanton Gochenour
Harbison Hemmer

BBorowuenn of 46th Brown of 26th BChuerteokns QJ Coleman
Crotts Day Dean Egan Farrow

HHeilnl son Hooks ,,Huggm. s Isakson KemP
Langford of 35th Langford of 29th Madden Marable Middleton

Newbill Oliver Parrish
Perdue Pollard
RRagan ooff 3ll2tnhd j^ ,R, ay Scott Slotin Starr Taylor Thompson Turner Tysinger

Those not voting were Senators:

Blitch Dawkins Edge

Garner Robinson

Thomas Walker

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

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

HB 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.

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

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Ralston Ray Robinson Slotin

Starr Taylor Thomas

Thompson Turner Tysinger

Voting in the negative were Senators Abernathy and Langford of the 35th.

Those not voting were Senators:

Blitch Bowen Garner

Henson Isakson Ragan of llth

Scott Walker

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

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

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.
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:

Abernathy Alien 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 Perdue Pollard Ragan of llth Ragan of 32nd
a s on
Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Balfour

Bowen

Walker

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 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.
Senate Sponsor: Senator Oliver of the 42nd.
The Senate Committee on Judiciary offered the following substitute to HB 261:
A BILL
To be entitled an Act 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 provide for findings; to change the terms of such orders and provide for service thereof; to provide for duties, penalties, and rights of payers; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support generally, is amended by striking subsections (a), (b), and (c) of Code Section 19-6-32, relating to entering income deduction orders, and inserting in their places the following:
"(a) (1) After July 1, 1989, upon the application to the child support (IV-D) agency, and upon the entry of a judgment establishing, enforcing, or modifying a child support obliga tion or spousal support obligation under subsection (d) of Code Section 19-11-6, the court, referee of the court, or administrative hearing officer shall enter a separate order for income deduction if one has not been entered. Copies of the order shall be served on the obligee and obligor. If the support order directs that support payments be made through the child sup port receiver, the court shall provide a copy of the support order to the receiver. If the obligee is an applicant for child support services under Title IV-D of the federal Social Security Act, the court, referee, or administrative hearing officer shall furnish copies of the support order and the income deduction order to the IV-D agency.
(2) For all child support orders or spousal support orders under subsection (d) of Code Section 19-11-6 prior to July 1, 1989, an order for income deduction may be issued without need for any amendment to the order involved or any further action by the court or entity that issued it, provided that an opportunity for a hearing before a court, a referee of the court, or an administrative hearing officer is afforded.
(a.l) (1) All child support orders which are initially issued in this state on or after January 1, 1994, and are not at the time of issuance being enforced under subsection (a) of this Code section shall provide for the immediate withholding of such support from the wages of the parent required by that order to furnish support unless:
(A) The court issuing the order finds there is good cause not to require such immediate withholding; or
(B) A written agreement is reached between both parties which provides for an alterna tive arrangement.
For purposes of this paragraph, any finding that there is good cause not to require immedi ate withholding must be based on at least a written determination that implementing imme diate wage withholding would not be in the best interest of the child and proof of timely payment of previously ordered support in cases involving modification of support orders.
(2) All child support orders which are not described in subsection (a) of this Code sec tion or in paragraph (1) of this subsection shall, upon petition of either party to revise that order under Code Section 19-6-19 or to enforce that order under Code Section 19-6-28, be

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revised to include provisions for withholding of such support from the wages of the person required by the order to furnish that support if arrearages equal to one month's support occur but without the necessity of filing application for services under Code Section 19-11-6.
(3) Copies of income deduction orders issued under this subsection shall be served on the obligee, obligor, and the child support IV-D agency when payment is to be made to the agency.
(b) The income deduction order shall:
(1) Direct a payor to deduct from all income due and payable to an obligor the amount required by the court to meet the obligor's support obligation;
(2) State the amount of arrearage accrued, if any, under the support order and direct a payor to withhold a specific amount until the arrearage is paid in full; and
(3) Direct a payor not to deduct in excess of the amounts allowed under Section 303(b) of the federal Consumer Credit Protection Act, 15 U.S.C. Section 1673(b), as amended.
(c) The income deduction order under subsection (a) of this Code section is effective immediately unless the court upon good cause shown finds that the income deduction shall be effective upon a delinquency in an amount equal to one month's support or a written agreement is reached between both parties which provides for an alternative arrangement."
Section 2. Said chapter is further amended by striking the introductory language of subsection (e) of Code Section 19-6-33, relating to notice and service of income deduction orders, which reads as follows:
"The notice to payor shall contain only information necessary for the payor to comply with the income deduction order. The notice shall:",
and inserting in its place the following:"
"The notice to payor shall contain only information necessary for the payor to comply with the income deduction order. The payor shall have the duties, penalties, and rights specified in the notice. The notice shall:".
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 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 35th Langford of 29th Madden Marable Middleton Newbill Oliver Perdue

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Pollard Ragan of llth Ragan of 32nd Ralston

Ray Slotin Starr Taylor

Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Balfour Bowen

Hooks Parrish Robinson

Scott Thomas 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.

HB 556. By Representative Jenkins of the 110th:
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.
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:

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 rlenson
Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable

Middleton Newbill Oliver Parrish Perdue Pollard Ragan of llth Ragan of ', Ralston Ray Robinson Scott Slotin Taylor Thompson Turner Tysinger

Those not voting were Senators:

Balfour Starr

Thomas

Walker

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

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

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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.
Senate Sponsor: Senator Langford of the 35th.
The Senate Committee on Transportation offered the following substitute to HR 400:
A RESOLUTION
Designating the Dick Lane Bridge; designating the Lt. Harold "Pinky" Durham Medal of Honor Highway; and for other purposes.
Part 1
WHEREAS, Honorable Dick Lane, of the 55th District of the House of Representa tives, is a native son of East Point, Georgia; and
WHEREAS, having won his first election to the Georgia House of Representatives in 1966, at the conclusion of his present term Representative Dick Lane will have ably served the people of East Point and Fulton County for 28 years; and
WHEREAS, upon completion of his current term of office, the gentleman from the 55th will hold the distinction of being the longest serving member of the Fulton County delega tion in the House of Representatives; and
WHEREAS, Honorable Dick Lane has served with distinction as the Chairman of the House Committee on State Planning and Community Affairs and as a respected and valued member of the House Committees on Rules and Appropriations and the Metropolitan At lanta Rapid Transit Authority Overview Committee; and
WHEREAS, throughout his nearly three decades of outstanding service in the House of Representatives, more than 160 Bills and 14 Constitutional Amendments authored by the gentleman of the 55th have become laws of this state; and
WHEREAS, in addition to his many years of service in the General Assembly, Repre sentative Dick Lane served as Recreation Director for the City of East Point, a position in which he was able to spread his love of sports and fitness and exert a positive influence on the health and physical well-being of countless young people; and
WHEREAS, Representative Lane has received well-deserved recognition for his many outstanding athletic accomplishments, including All-State Running Back, Russell High School; former state Karate Champion; and commendations from President John F. Ken nedy, and Governors Lester Maddox and Carl Sanders for Outstanding Performance in Rec reation; and being chosen to serve as a member of the Georgia State Games Commission; and
WHEREAS, Honorable Dick Lane is also a member of numerous civic organizations to which he devotes his time and energies including the Boy Scouts of America, the American Legion, the Veterans of Foreign Wars, the Yaarab Temple, the Scottish Rite of Freema sonry, the Free and Accepted Mason, the Loyal Order of Moose, the Georgia Congress of Parent and Teacher Association, the Fulton County Public Safety Training Center Advisory Board, the South Fulton Medical Center Board, the American Association of Retired Per sons, and the Jefferson Avenue Baptist Church; and
WHEREAS, in recognition of his many years of tireless and dedicated community and civic service, Honorable Dick Lane has received more than 175 awards from various clubs and organizations, including, the Distinguished Service Award, the Junior Chamber of Com merce; Under the Dome, the Georgia Federation of Women's Clubs; the Albert Wyatt Me morial Award, the Georgia National Head Injury Foundation; National "American of the Year" in 1988 from La Societe Des 40 Hommes et 8 Chevaux; the Georgia Municipal Associ ation's Legislative Service Award for 1989 and 1990; the Association County Commissioner's

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Legislative Service Award for 1990, 1991, and 1992; the Georgia Parks and Recreation Soci ety's Statewide Legislative Award in 1989; and, on five separate occasions, "Statesman of the Year"; and
WHEREAS, Dick and his lovely wife, the former Betty Clay Jones, are the parents of Mindy, Laurie, and Rick and the proud grandparents of Kristin Leigh French, Kane French, Kyle Cook, and Kase Cook; and
WHEREAS, it is fitting and proper to recognize and commemorate a lifetime of service, dedication, and commitment by Honorable Dick Lane to the people of East Point, Fulton County, and the State of Georgia.
Part 2
WHEREAS, Harold Bascom Durham, Jr., was one of only 22 Georgians to be awarded the Congressional Medal of Honor, an award made posthumously; and
WHEREAS, the Medal of Honor was first issued by Congress during the Civil War and is the highest United States military decoration awarded to service personnel who distin guish themselves by conspicuous gallantry and intrepidity at the cost of their lives above and beyond the call of duty; and
WHEREAS, Lieutenant Durham of the United States Army served as a forward ob server with Company D, 2nd Batallion, 28th Infantry in the Republic of Vietnam, and on October 17, 1967, he placed himself in a position exposed to enemy fire to adjust the sup porting artillery fire onto the insurgents; and
WHEREAS, he administered first aid to the wounded in spite of heavy enemy sniper fire directed toward him; and
WHEREAS, he further endangered himself by assuming the duties of a wounded ob server of Company A and was severely wounded by an enemy detonated mine and in spite of intense pain he continued to direct the supporting artillery upon the enemy and, while severely wounded a second time, he shouted a warning to a nearby soldier when Viet cong approached, dying moments later; and
WHEREAS, Lieutenant Durham's gallant actions in close combat with an enemy force are in keeping with the highest traditions of the military service and reflect great credit upon himself, his unit, and the United States Army.
Part3
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge over the Chattahoochee River on State Route 166 in Fulton County, Georgia is designated as the Dick Lane Bridge.
BE IT FURTHER RESOLVED that State Road 35, U. S. 319, in Tift County, Georgia, be designated as the Lt. Harold "Pinky" Durham Medal of Honor Highway in memory of his heroic service.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs at appropriate locations designating the Dick Lane Bridge and the Lt. Harold "Pinky" Durham Medal of Honor Highway.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is au thorized and directed to transmit an appropriate copy of this resolution to Honorable Dick Lane, Representative, 55th District.
On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.

WEDNESDAY, MARCH 17, 1993

1687

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 Langford of 35th Langford of 29th Madden Marable

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

Those not voting were Senators:

Broun of 46th Kemp

Parrish Ragan of llth

Walker

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

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

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.
Senate Sponsor: Senator Thompson of the 33rd.

The Senate Committee on Urban and County Affairs offered the following substitute to HB 280:

A BILL
To be entitled an Act to amend an Act creating and establishing a purchasing depart ment in certain counties of this state, approved March 27, 1941 (Ga. L. 1941, p. 408), as amended, particularly by an Act approved April 29, 1975 (Ga. L. 1975, p. 1147), and an Act approved March 25, 1980 (Ga. L. 1980, p. 3858), so as to provide for factors that may be considered in determining whether a bidder is responsible; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating and establishing a purchasing department in certain counties of this state approved March 27, 1941 (Ga. L. 1941, p. 408), as amended, particularly by an Act approved April 29, 1975 (Ga. L. 1975, p. 1147), and an Act approved March 25, 1980 (Ga. L. 1980, p. 3858), is amended by inserting following Section 10 thereof a new Section 10.1 to read as follows:
"Section 10.1. In awarding any contract or determining the lowest responsible bidder

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for the purpose of awarding a contract, the agency awarding the contract may consider the vendor or bidder's quality of work, general reputation in the community, financial responsi bility, previous experience in sales to the public, compliance with a female business enter prise participation plan as adopted by the governing authority of the county or making a good faith effort to comply with the goals of such a plan, compliance with a minority busi ness enterprise participation plan as adopted by the governing authority of the county or making a good faith effort to comply with the goals of such plan, and compliance with nondiscrimination and equal employment opportunity provisions as adopted by the governing authority of the county."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 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:

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

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

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

Voting in the negative were Senators Glanton and Newbill.

Those not voting were Senators:

Dawkins Farrow

Henson Parrish

Ralston 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.

WEDNESDAY, MARCH 17, 1993

1689

Senator Robinson of the 16th moved that the following bill of the House, having been read the third time on March 10 and placed on the Table, be taken from the Table:

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 35, nays 0; the motion prevailed, and HB 301 was taken from the Table and placed at the foot of the Senate Rules Calendar for today.

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

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.

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 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:

Bowen

Egan

Garner

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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The following general resolution of the House, favorably reported by the committee, was read the third time and put upon its adoption:
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.
Senate Sponsor: Senator Coleman of the 1st.
The Senate Committee on Transportation offered the following substitute to HR 330:
A RESOLUTION
Endorsing Amtrak's proposed resumption of passenger rail service between Chicago and Florida with extensive service through Georgia; and for other purposes.
WHEREAS, in 1990 Congress directed Amtrak to analyze the viability of restoring pas senger rail service between Chicago and Florida via Atlanta since passenger rail service along this corridor ceased to exist when the Floridian was terminated in October 1979; and
WHEREAS, the National Railroad Passenger Corporation released its report to Con gress in December 1990 and pronounced the proposed service as feasible, with start-up costs estimated at $200-$227 million, noting that such a route would fill an important gap in Amtrak's current route system and tap potentially important business and discretionary travel markets; and
WHEREAS, Amtrak recognized the exceptional level of state and local interest in re storing rail passenger service to this region and has expressed a willingness to work with the states and communities served by the proposal to develop a financial plan under which this service might be implemented; and
WHEREAS, federal action to provide funding for the route may be encouraged by joint action between Georgia, Florida, Tennessee, Ohio, Kentucky, Indiana, and Illinois to pro vide a $33 million contribution to capital start-up needs, with Georgia's prorated share based on route mileage; and
WHEREAS, considerable economic benefits will accrue to the local business communi ties through which a passenger train might pass, and the current blueprint includes alterna tive routes through Georgia; and
WHEREAS, passenger rail service is recognized as an economical environmentally sound mode of transportation that serves the needs of the elderly, rural residents, local tourism efforts, industry, and other interests not adequately served by the highway and air transportation systems; and
WHEREAS, the members of the Georgia delegation to the U. S. Congress unanimously support Amtrak's proposal as an enhancement to tourism, economic development, and rural public transportation; and
WHEREAS, the existence of extensive public and private regional interest in restoring rail passenger service through Georgia calls for legislative review and support of this vision ary transportation concept.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body endorse Amtrak's proposed restoration of passen ger rail service between Chicago and Florida with service through numerous communities in Georgia and support coordinated state contributions to induce federal capital funding and will cooperate with other states in this effort.
BE IT FURTHER RESOLVED that the Department of Transportation requests in its budget $100,000.00 for fiscal year 1994 for the multistate study on the impact of reinstituting such passenger rail service.

WEDNESDAY, MARCH 17, 1993

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BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is au thorized and directed to transmit an appropriate copy of this resolution to each member of the Georgia congressional delegation.

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 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
Broun of 46th Brown of 26th Burton Cheeks
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 Parrish Perdue Pollard Ragan of llth Ragan of 32nd RnRS._, cooib-titnson Slotin Starr Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Dawkins Garner

Ralston

Walker

On the adoption of the resolution, the yeas were 52, nays 0.

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

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

Mr. President:

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

SB 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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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 House has passed by the requisite constitutional majority the following bills of the House and Senate:
HB 1072. By Representative Ashe of the 46th: A bill to amend an Act providing for the election of the members of the Board of Education of Fulton County, so as to change the compensation of the members.
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.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
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 following general bill of the House, having been read the third time and tabled on March 10, taken from the Table on March 17 and placed at the foot of the Senate Rules Calendar for today, was put upon its passage:
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.
Senate Sponsor: Senator Coleman of the 1st.
Senators Clay of the 37th, Edge of the 28th, Egan of the 40th and Oliver of the 42nd offered the following amendment:
Amend HB 301 by striking on page 1, line 21, beginning with the word "and" continu ing to line 23, ending with the word "or".
Senator Clay of the 37th asked unanimous consent that the amendment offered by Sen ators Clay of the 37th, Edge of the 28th, Egan of the 40th and Oliver of the 42nd be with drawn; the consent was granted, and the amendment was withdrawn.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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1693

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 BChuerteokns day Coleman Crotts Dawkins Day Dean Edge Egan

Farrow Garner Gillis
Glanton Gochenour Harbison
Hemmer Henson ,,.,, 2,,ook. s Huggms Isakson KemP Langford of 35th Langford of 29th Madden Marable Middleton

Newbill Oliver Parrish
Perdue Pollard Ragan of llth
Ragan of 32nd ^^ Co,, ,,Rob.inson Scott Slotin Starr Taylor Thompson Turner Tysinger Walker

Not voting was Senator Thomas.

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

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

The following local bill of the Senate was taken up for the purpose of considering the Conference Committee report thereon:

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.

The Conference Committee report on SB 298 was as follows:
The Committee of Conference on SB 298 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 298 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Don Balfour Senator, 9th District
/s/ Clint M. Day Senator, 48th District
/s/ James W. Tysinger Senator, 41st District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Brooks P. Coleman, Jr. Representative, 80th District
/s/ Ronald A. Crews Representative, 78th District
/s/ Scott Dix Representative, 76th District

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Conference Committee substitute to SB 298:
A BILL
To be entitled an Act to amend an Act providing for districts for the election of the Board of Education of Gwinnett County, approved April 7, 1972 (Ga. L. 1972, p. 4058), as amended, particularly by an Act approved March 15, 1988 (Ga. L. 1988, p. 3962), so as to increase the salary for the members of the board of education; 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. An Act providing for districts for the election of the Board of Education of Gwinnett County, approved April 7, 1972 (Ga. L. 1972, p. 4058), as amended, particularly by an Act approved March 15, 1988 (Ga. L. 1988, p. 3962), is amended by striking in its en tirety Section 2 and inserting in its place a new section to read as follows:
"Section 2. Each member of the Board of Education of Gwinnett County shall be com pensated in the amount of $750.00 per month effective July 1, 1993, and thereafter. In addi tion, each member of the board of education shall receive an expense allowance for docu mented actual and necessary expenses incurred in the performance of the member's duties within the county and reimbursement for documented actual and necessary expenses in curred in the performance of the member's duties outside the county in such amount as shall be authorized by a majority vote of the board of education. Records of such documen tation shall be kept on file at the office of the board of education for such reasonable period of time as shall be established by the board of education."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Balfour of the 9th moved that the Senate adopt the Conference Committee report on SB 298.
On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 298.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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 House substitute to SB 70 was as follows:
A BILL
To be entitled an Act 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; 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; to provide for limited use of noncomplying stationery; to provide for other related matters; to amend Code Section 5018-70 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to provide that in certain administrative proceedings parties may not access public records pertaining to the subject of the proceeding without the approval of the presiding

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1695

administrative law judge; to provide an exception with regard to certain proceedings; to provide for related matters; to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to the exemption from public disclosure for certain records, so as to provide for a definition of the term "trade secret"; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 14 of Title 50 of the Official Code of Georgia Annotated, relating to open and public meetings of governmental bodies, is amended by striking Code Section 5014-6, which reads as follows:
"50-14-6. Any person knowingly and willfully conducting or participating in a meeting in violation of this chapter shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed $500.00.",
and inserting in lieu thereof the following:
"50-14-6. Reserved."
Section 2. Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing and documents, is amended by striking Article 1, currently designated as re served, and inserting in its place a new Article 1 to read as follows:
"ARTICLE 1
50-18-1. (a) As used in this Code section, the term 'state agency' means any state de partment, board, bureau, commission, authority, council, or committee or any other state agency or instrumentality.
(b) All stationery used by any state agency for correspondence with members of the public shall have printed or typed thereon one or more telephone numbers to which re sponses or questions concerning such correspondence may be directed.
(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.
(d) Subsection (b) of this Code section shall apply to all stationery ordered by state agencies after July 1, 1993. Until July 1, 1995, state agencies may continue to use stationery printed before July 1, 1993, which does not comply with subsection (b) of this Code section."
Section 3. Said chapter is further amended by striking subsection (e) of Code Section 50-18-70, relating to inspection of public records, in its entirety and inserting in lieu thereof the following:
"(e) In a pending proceeding under Chapter 13 of this title, the 'Georgia Administrative Procedure Act,' or under any other administrative proceeding authorized under Georgia law, a party may not access public records pertaining to the subject of the proceeding pursuant to this article without the prior approval of the presiding administrative law judge, who shall consider such open record request in the same manner as any other request for infor mation put forth by a party in such a proceeding. This subsection shall not apply to any proceeding under Chapter 13 of this title, relating to the revocation, suspension, annulment, withdrawal, or denial of a professional education certificate, as defined in Code Section 20-2200, or any personnel proceeding authorized under Part 7 and Part 11 of Article 17 and Article 25 of Chapter 2 of Title 20."
Section 4. Said chapter is further amended by striking subsection (b) of Code Section 50-18-72, relating to the exemption from public disclosure for certain records, in its entirety and inserting in its place a new subsection (b) to read as follows:
"(b) (1) As used in this article, the term 'trade secret' shall have the same meaning as

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that term is defined and used in Article 27 of Chapter 1 of Title 10, the 'Georgia Trade Secrets Act of 1990,' as amended.
(2) This article shall not be applicable to 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 na ture, 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 governmental body or private concern, where such data, records, or information has not been publicly released, published, copyrighted, or patented. This limitation 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."
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 Kemp of the 3rd moved that the Senate disagree to the House substitute to SB 70.
On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 70.
The following local bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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 House substitute to SB 145 was as follows:
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."

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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 may desire to undertake infrastructure improvements prior to the Olympic Games to better accommo date the increased tourism in the Savannah and Chatham County areas.
(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 natural environment and the aesthetic improvements and the infrastructure 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 improving the coastal area's infrastructure and promot ing and accommodating increased tourism brought to the coastal area by the sailing compe tition, as well as accommodating visitors brought to the coastal area by the 1996 Olympics, and to coordinate by contract or other appropriate means the implementation of these plans which will include programs for improving infrastructure, programs for aesthetic improve ments 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, Long, 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

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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;
(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

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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 improving infrastructure prior to the 1996 Olympic sailing competition;
(2) To promote and advocate programs and activities needed to improve the aesthetic and environmental 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 improve infrastructure and accommodate increased tourism in the coastal area; and
(6) To provide under contract with coastal area local governments or other public or private agencies service and infrastructure improvements necessary to promote and accom modate increased tourism brought to the coastal area by the Olympic sailing competition while complying with all applicable federal and state environmental rules and regulations.
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, (a) Subject to the provisions of subsection (b) hereof, in addition to any other powers and duties provided for by this Act and solely for the purpose of enabling 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,

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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.
(b) Notwithstanding the powers and duties of the authority enumerated in this Act, the authority shall have no power or duty to perform the functions of the Organizing Committee for the Olympic Games (the "OCOG") in organizing and hosting the 1996 Summer Olympic Games as such powers and duties have been granted to the OCOG by the International Olympic Committee (the "IOC") or the functions of the Metropolitan Atlanta Olympic Games Authority ("MAOGA") granted to it in its enabling legislation, or to perform any of the powers or functions of any part to the Host City Contract concluded in Tokyo in Sep tember 1990, or the Agreement for Organizing Committee for the Olympic Games dated January 28, 1991.
(c) The authority shall not have the right to use any Olympic related mark, emblem, designation, theme, logo, or mascot or any designation that implies a relationship with the OCOG, MAOGA, the United States Olympic Committee, the IOC, any U.S. Olympic Team or otherwise with the 1996 Summer Olympic Games.
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 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 on 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.
Senator Coleman of the 1st moved that the Senate agree to the House substitute to SB 145.
On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 145.

WEDNESDAY, MARCH 17, 1993

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The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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 House substitute to SB 343 was as follows:
A BILL
To be entitled an Act 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 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 OP 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 on 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 must also approve the erection and maintenance of the bua shelter, and for that purpose, a copy of the application to the department for permission to erect and main tain such shelter shall be sent made to the respective county or municipality. Such applica tion shall conform to the county's and municipality's regulations governing the erection ancl

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maintenance of such structures. When the county or municipality is served by a public transit agency or authority, the applications for all bus shelters on routes of such agency or authority shall also be" forwarded by the applicant to such transit agency or authority and subject to the approval of such agency or authority; an3
(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 municipality is declared to be a public nuisance and if it is determined to be a hazard to public safety by the department, county, or municipality, it may be removed or its removal may be ordered by the department or the governing authority of the respective county or municipality, tf In every case of removal of a bus shelter as a hazard to public safety by the department, a county, or a municipality, a good faith attempt shall be made to notify the owner of its removal. In such cases where the department, county, or municipality orders the removal of the bus shelter as a public nuisance, 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 depart ment or the governing authority of the respective county or municipality may cause the bus shelter to be removed and submit a statement of expenses 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 statement, the department shall certify the amount thereof to the Attorney General for collection. When a bua shelter is located on n county road ayatcm or on a municipal street ayatcm, the department may delegate its pow ers under this paragraph to the respective county or municipality, and the respective county or municipality shall cooperate with and assist the department in enforcing the conditiona 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 or who places such shelter on a public road other than a state or federal aid primary 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.
Senator Coleman of the 1st moved that the Senate agree to the House substitute to SB 343.

WEDNESDAY, MARCH 17, 1993

1703

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour

Farrow Garner Glanton

Baugh Boshears

Gochenour Harbison

Bowen

,

Broun of 46th

Hemmer Hm

Oliver Parrish Perdue Pollard Ragan of 32nd
Ralston R

BBC1ruorwtonn of 26th Coleman Crotts Dawkins Day Dean Edge Egan

HHuouogkggm s Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton

RSa coob*ti*tnson ^lotin Starr Taylor Thompson Turner Tysinger Walker

Those not voting were Senators:

Blitch

Henson

Cheeks

Newbill

Gillis

Ragan of llth Thomas

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 343.

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

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.
The House substitute to SB 333 was as follows:
A BILL
To be entitled an Act 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 "transportation en hancement activities" as that word is defined by federal law; 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 32-1-3 of the Official Code of Georgia Annotated, relating to definitions, is amended by striking paragraph (18) in its entirety and inserting in lieu thereof a new paragraph (18) to read as follows:
"(18) 'Other transportation purposes' or 'other public transportation purposes' means any transportation facility designed to transport people or goods, including but not limited to railroads, port and harbor facilities, air transport and airport facilities, mass transporta tion facilities, as defined in paragraph (2) of subsection (a) of Code Section 32-9-1, and transportation projects, as defined by subsection (h) of Section 2 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, and transportation enhancement activities, as

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JOURNAL OF THE SENATE

defined in Section 101 of Title 23 of the United States Code. However, in no event and for no purpose shall the term 'other transportation purposes' or 'other public transportation purposes' be deemed to include coal slurry pipelines."
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 Coleman of the 1st moved that the Senate disagree to the House substitute to SB 333.
On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 333.
The following resolution of the Senate was taken up for the purpose of considering the House substitute thereto:
SR 234. By Senator Robinson of the 16th:
A resolution designating the Medal of Honor Highway for Freeman V. Horner.
The House substitute to SR 234 was as follows:
A RESOLUTION
Designating the Medal of Honor Highway for Freeman V. Horner; and for other purposes.
WHEREAS, from the birth of this nation, our citizen soldiers have risked their lives to defend our freedom and our way of life; and
WHEREAS, incidences of heroism in combat inspire and encourage the brave men and women of our armed forces as they confront danger and hardship; and
WHEREAS, the Medal of Honor is the ultimate military decoration awarded by the United States of America and reflects the nation's gratitude for exemplary courage and out standing conduct in the face of circumstances which could seem overwhelming to most indi viduals; and
WHEREAS, Staff Sergeant Freeman V. Horner, of Company K, 119th Infantry, United States Army, was awarded the Medal of Honor for extraordinary courage under direct fire and extreme gallantry in voluntarily rushing into the teeth of concentrated fire, destroying three enemy machine gun positions, and killing or capturing seven enemy soldiers, thereby clearing the path for a successful assault on Wurselen, Germany, on November 16, 1944; and
WHEREAS, Freeman V. Horner completed a career of distinguished service to the na tion with his retirement at the rank of Major.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of SR 219 from its intersection with US 27 to the boundary between Muscogee County and Harris County is designated the Medal of Honor Highway for Freeman V. Horner.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate markers designating the Medal of Honor Highway for Freeman V. Horner.
BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and di rected to transmit an appropriate copy of this resolution to Major Freeman V. Horner, Retired.

WEDNESDAY, MARCH 17, 1993

1705

Senator Robinson of the 16th moved that the Senate agree to the House substitute to SR 234.

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 BrBnBorroowwuennn ooffff 4n2i~66^nttihh BChuerteokns
Clay Crotts
Dawkins Day Dean Edge Egan

Farrow Garner Gillis Glanton Gochenour Harbison HHTHTTiee-lInmIl smoner HHouogkgsins
Isakson Kemp
Langford of 35th Langford of 29th Madden Marable Middleton

Newbill Oliver Parrish Perdue Pollard Ragan of mh uKDK-aafgls.atn_on0_1^ dozonu^
Robi. nson lotm starr
Taylor Thompson Turner Tysinger Walker

Those not voting were Senators:

Coleman

Scott

Thomas

On the motion, the yeas were 53, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 234.

The following bill of the House was read the first time and referred to committee:

HB 1072. By Representative Ashe of the 46th:
A bill to amend an Act providing for the election of the members of the Board of Education of Fulton County, so as to change the compensation of the members. Referred to Committee on Urban and County Affairs.

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

Mr. President:

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

HB 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.

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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 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.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
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 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 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 Speaker has appointed on the part of the House, Representatives Godbee of the 145th, Purcell of the 147th and Taylor of the 134th.
The House has disagreed to the Senate amendment to the following bill of the House:
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.
The House insists on its position in amending the following bill of the Senate:
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 member.

WEDNESDAY, MARCH 17, 1993

1707

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

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.

The House adheres to its position in insisting on its substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate:

SB 298. By Senators Balfour of the 9th, Day of the 48th, Tysinger of the 41st and others:
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.

The Speaker has appointed on the part of the House, Representatives Dix of the 76th, Coleman of the 80th and Crews of the 78th.

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

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 House amendment was as follows:

Amend SB 146 by adding on line 15 of page 1 before the word "shall" the following: "or its representative".

Senator Robinson of the 16th moved that the Senate agree to the House amendment to SB 146.

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 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

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Perdue Pollard Ragan of llth Ragan of 32nd Ralston

Ray Robinson Slotin Starr Taylor

Thompson Turner Tysinger Walker

Those not voting were Senators:

Coleman

Scott

Thomas

On the motion, the yeas were 53, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 146.

Serving as doctor of the day today was Dr. Tom West of Atlanta, Georgia.

Senator Robinson of the 16th moved that the Senate stand in recess until 7:00 o'clock P.M., and at that time, pursuant to SR 327 adopted previously, stand adjourned until 10:00 o'clock A.M. on Monday, March 22, 1993.

At 5:05 o'clock P.M., the President announced the motion prevailed.

MONDAY, MARCH 22, 1993

1709

Senate Chamber, Atlanta, Georgia Monday, March 22, 1993
Thirty-ninth Legislative Day

The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of the proceedings of Wednes day, March 17, 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 Senate:
SB 371. By Senators Turner of the 8th, Ragan of the llth, Blitch of the 7th, Boshears of the 6th and Kemp of the 3rd: 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 339. By Senators Robinson of the 16th, Henson of the 55th, Pollard of the 24th and others: 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 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 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 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

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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.
SE 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.
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 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.
The House has adopted by the requisite constitutional majority the following resolu tions of the Senate:
SR 231. By Senator Brown of the 26th: A resolution designating a certain crosswalk as the Bobby Jones Crosswalk.
SR 230. By Senator Brown of the 26th: A resolution designating a certain bridge as the Walter L. Hardin Bridge.
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.
SR 128. By Senators Burton of the 5th, Marable of the 52nd, Huggins of the 53rd and others: 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 House has agreed to the Senate amendments to 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

MONDAY, MARCH 22, 1993

1711

employees concerning fraud, waste, and abuse in or relating to any state pro grams or operations.
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 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 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 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 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 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 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 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 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.

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JOURNAL OF THE SENATE

The House has agreed to the Senate substitutes to the following bills and resolutions of the House:
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 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.
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 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 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 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 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.

MONDAY, MARCH 22, 1993

1713

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.
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.
HR 197. By Representative Ashe of the 46th: A resolution creating the City of Atlanta Charter Review Commission.
The following resolutions of the Senate were introduced, read the first time and re ferred to committee:
SR 330. By Senator Robinson of the 16th: A resolution urging study of the feasibility of commercial production and farming of emus in this state.
Referred to Committee on Rules.
SR 332. By Senator Hill of the 4th: A resolution creating the Senate Study Committee on Employer Child Care Issues.
Referred to Committee on Rules.
SR 333. By Senator Hill of the 4th: A resolution creating the Senate Study Committee on Economic Development Incentives.
Referred to Committee on Rules.
SR 336. By Senator Hill of the 4th: A resolution creating the Senate Study Committee on Migrant and Seasonal Farm Workers Access to Health Care.
Referred to Committee on Rules.
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Rules has had under consideration the following resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SR 313. Do pass. HR 374. Do pass.
Respectfully submitted, Senator Hooks of the 14th District, Chairman

1714

JOURNAL OF THE SENATE

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 696. Do pass.

HB 1041. Do pass.

HB 790. Do pass as amended.

HB 1042. Do pass.

HB 958. Do pass.

HB 1043. Do pass.

HB 984. Do pass.

HB 1045. Do pass.

HB 1005. Do pass.

HB 1046. Do pass.

HB 1017. Do pass.

HB 1047. Do pass.

HB 1028. Do pass.

HB 1048. Do pass.

HB 1031. Do pass.

HB 1055. Do pass.

HB 1032. Do pass.

HB 1056. Do pass.

HB 1033. Do pass.

HB 1057. Do pass.

HB 1036. Do pass.

HB 1058. Do pass.

HB 1038. Do pass.

HB 1060. Do pass.

HB 1039. Do pass.

HB 1061. Do pass.

HB 1040. 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 House and has instructed me to report the same back to the Senate with the following recommendations:

HB 1069. Do pass.

HB 1089. Do pass.

HB 1070. Do pass.

HB 1095. Do pass.

HB 1071. Do pass.

HB 1108. Do pass.

HB 1072. Do pass.

HB 1110. Do pass.

HB 1076. Do pass.

HB 1116. Do pass.

HB 1079. Do pass.

HB 1118. Do pass.

HB 1081. Do pass.

HB 1121. Do pass.

HB 1083. 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 Bowen Broun of 46th Burton

Cheeks Clay Coleman Crotts Dawkins Day

Dean Edge Egan Farrow Garner Gillis

MONDAY, MARCH 22, 1993

1715

Glanton Gochenour Harbison Hemmer Henson Hill Hooks Hugging Isakson Kemp Langford of 35th

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

Those not answering were Senators:

Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger

Abernathy Alien

Blitch Brown of 26th

Ragan of llth Walker

Lieutenant Governor Howard introduced Johnny Parrazzo who gave his 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 Thompson of the 33rd introduced the chaplain of the day, Reverend David York, pastor of the Mableton First Baptist Church, Mableton, Georgia, who offered scrip ture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 322. By Senator Broun of the 46th:
A resolution commending and recognizing Coach Billy Henderson of Clarke Cen tral High School.

SR 323. By Senator Ray of the 19th:
A resolution commending the 1992-1993 Citizens Christian Academy basketball team.

SR 324. By Senator Ray of the 19th: A resolution recognizing the City of Douglas Fire Department.

SR 325. By Senator Ray of the 19th: A resolution commending Doug Shaver, Terry Biggerstaff, and Shannon Ray.
SR 326. By Senators Edge of the 28th and Langford of the 29th: A resolution commending and recognizing the 1992-93 Griffin High School Bears basketball team.

1716

JOURNAL OF THE SENATE

SR 328. By Senator Hill of the 4th: A resolution honoring the descendants of John "Boss" Lynn.
SR 329. By Senators Blitch of the 7th, Ragan of the llth, Boshears of the 6th and others: A resolution commending Dr. Glenn W. Burton.
SR 331. By Senators Hill of the 4th, Coleman of the 1st, Alien of the 2nd and others: A resolution commending Honorable Lindsay Thomas.
SR 334. By Senator Baugh of the 25th: A resolution commending Georgia College.
SR 335. By Senator Baugh of the 25th: A resolution commending Perry Moore, M.D.
SR 337. By Senator Ralston of the 51st: A resolution commending the Fannin County High School Lady Rebels.
SR 338. By Senator Baugh of the 25th: A resolution commending Russell Wigh, M.D.
SR 339. By Senators Coleman of the 1st and Alien of the 2nd: A resolution commending Honorable James M. DeLoach.
SR 340. By Senators Coleman of the 1st and Robinson of the 16th: A resolution honoring the golden anniversary of the National Federation of Inde pendent Business.
SR 341. By Senator Coleman of the 1st: A resolution declaring April 19, 1993, as "Johnny Mercer Day" in Georgia.
SR 342. By Senator Broun of the 46th: A resolution congratulating Dr. Lamar Rich Plunkett on his eighty-second birthday.
SR 343. By Senator Blitch of the 7th: A resolution commending the gifted students and teachers of Camden County High School.
SR 344. By Senator Blitch of the 7th: A resolution commending the Op-Ed Program at Camden County High School.
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 22, 1993
THIRTY-NINTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)

MONDAY, MARCH 22, 1993

1717

HB 696 Gochenour, 27th CITY OF FORSYTH
Provides for a new charter for the City of Forsyth; mayor and city council; term of office; powers of judge of Recorder's Court; misdemeanor cases.
*HB 790 Abernathy, 38th Egan, 40th Glanton, 34th Longford, 35th Henson, 55th Scott, 36th Slotin, 39th Oliver, 42nd CITY OF ATLANTA
Provides for additional penalty in cases of Atlanta Municipal Court; fines, bail or bonds; Witness Assistance Programs. (AMENDMENT)
HB 958 Turner, 8th Ragan, llth BROOKS COUNTY
Creates the State Court of Brooks County; changes election districts; compo sition.
HB 984 Pollard, 24th Baugh, 25th JEFFERSON COUNTY
Provides for the Magistrate Court of Jefferson County; chief magistrate; com pensation.
HB 1005 Thompson, 33rd Clay, 37th Isakson, 21st CITY OF MARIETTA
Creates a new charter for the City of Marietta; finance director shall serve as city treasurer.
HB 1017 Dawkins, 45th WALTON COUNTY
Reconstitutes the Board of Commissioners of Walton County; changes elec tion; terms; provides for salary and expenses.
HB 1028 Dawkins, 45th CITY OF MONROE
Reincorporates the City of Monroe; provides for new election districts.
HB 1031 Gillis, 20th Brown, 26th WILKINSON COUNTY
Places the Sheriff on an annual salary; changes the compensation and bene fits; provides for personnel for the office of sheriff; compensation and bene fits.

1718

JOURNAL OF THE SENATE

HB 1032 Gillis, 20th Brown, 26th WILKINSON COUNTY
Abolishes the prior method of compensating the Clerk of the Superior Court; provides for annual salary; changes the compensation, benefits, and expenses of clerk; provides for minimum personnel for the office of clerk and compen sation and benefits of same.
HB 1033 Gillis, 20th Brown, 26th WILKINSON COUNTY
Creates the office of tax commissioner of Wilkinson County; changes compen sation and benefits; provides for minimum personnel for the office of tax commissioner; compensation and benefits of same.
HB 1036 Perdue, 18th PULASKI COUNTY
Provides for Board of Education; changes composition of education districts.
HB 1038 Alien, 2nd Coleman, 1st CHATHAM COUNTY
Provides for additional supplement to the salaries of each judge of the supe rior court of the Eastern Judicial Circuit.
HB 1039 Taylor, 12th CITY OF OMAHA
Creates a new charter for the City of Omaha.
HB 1040 Kemp, 3rd Boshears, 6th Blitch, 7th Ray, 19th APPLING, CAMDEN, GLYNN, WAYNE, JEFF DAVIS COUNTIES
Provides for a supplement to the salaries of the judges of the superior courts and the district attorney of the Brunswick Judicial Circuit; authorizes Wayne County to increase such salary supplement.
HB 1041 Garner, 30th Glanton, 34th DOUGLAS COUNTY
Creates the Douglasville-Douglas County Charter Commission; changes the provisions relative to the referendum for submission of proposed county-wide government charter to the qualified voters for approval or rejection.
HB 1042 Blitch, 7th LANIER COUNTY
Creates the Board of Commissioners for Lanier County; changes the provi sions relative to compensation of the chairman and other members of the Board.
HB 1043 Broun, 46th ATHENS-CLARKE COUNTY Transfers intake and probation services of Athens-Clarke County to the

MONDAY, MARCH 22, 1993

1719

statewide juvenile and intake services funded by Georgia Department of Children and Youth Services.
HB 1045 Edge, 28th Glanton, 34th FAYETTE COUNTY Creates the Board of Commissioners of Fayette County; changes the compen sation of the chairman and members of the Board.
HB 1046 Gillis, 20th Brown, 26th WILKINSON COUNTY Designates the judge of the Probate Court of Wilkinson County to serve as chief magistrate of the Magistrate Court; changes the compensation and ben efits of chief magistrate, magistrates and clerk.
HB 1047 Taylor, 12th RANDOLPH COUNTY Provides for election of chief magistrate of Magistrate Court; provides that the judge of Probate Court of Randolph County shall not serve as chief mag istrate on or after a certain date or event.
HB 1048 Taylor, 12th CLAY COUNTY Authorizes chief magistrate of Clay County to serve as deputy clerk of Supe rior Court.
HB 1055 Dean, 31st CITY OF EUHARLEE Provides for a new charter for the City of Euharlee; changes the maximum amount of fine for mayor's court; ordinance violations.
HB 1056 Dean, 31st Marable, 52nd BARTOW COUNTY Creates a Board of Elections and registration for Bartow County; provides for powers and duties.
HB 1057 Farrow, 54th CATOOSA COUNTY Provides an annual salary for judge of Probate Court and clerk of Superior Court; increases the salary of judge of probate court; increases clerical help allowance for the judge and clerk's office.
HB 1058 Farrow, 54th CATOOSA COUNTY Creates a Board of Utilities Commissioners for Catoosa County; changes compensation of the members of Board.
HB 1060 Gochenour, 27th CITY OF BARNESVILLE Provides a new charter for the City of Barnesville; provides for Director of Utilities and public works; changes the provisions relating to City Adminis trator.

1720

JOURNAL OF THE SENATE

HB 1061 Farrow, 54th CATOOSA COUNTY
Creates the office of commissioner; provides for a County Manager and com pensation and qualifications.
HB 1069 Ralston, 51st CITY OF CALHOUN
Provides for new charter; authorizes governing authority of the City to ap propriate up to $5,000 per fiscal year to Winner's Club of Calhoun, Inc.
HB 1070 Edge, 28th Langford, 29th SPALDING COUNTY
Creates the Griffin-Spalding County School System; changes the description of districts; election of members to Board of Education.
HB 1071 Middleton, 50th CITY OF HIAWASSEE
Creates a new charter for the city.
HB 1072 Abernathy, 38th Egan, 40th Glanton, 34th Langford, 35th Scott, 36th Slotin, 39th Newbill, 56th FULTON COUNTY
Provides for Board of Education; members, compensation.
HB 1076 Hooks, 14th SCHLEY COUNTY
Creates Ellaville-Schley County Charter Commission; study reorganizing, consolidation into single government.
HB 1079 Marable, 52nd FLOYD COUNTY
Creates Board of Commissioners; provides for qualifications; one-year resi dency requirements.
HB 1081 Garner, 30th Glanton, 34th DOUGLAS COUNTY
Provides for a Board of Education; members, election districts; changes com position.
HB 1083 Alien, 2nd Coleman, 1st CHATHAM COUNTY
Provides for Superior Court compensation change.

MONDAY, MARCH 22, 1993

1721

HB 1089 Pollard, 24th Cheeks, 23rd COLUMBIA COUNTY Provides for Probate Court Judge, Tax Commissioner, Superior Court Clerk; increase compensation.
HB 1095 Walker, 22nd Cheeks, 23rd RICHMOND COUNTY Provides for superior court judges; local salary supplement for Augusta Judi cial Circuit.
HB 1108 Pollard, 24th CITY OF STAPLETON Provides for charter for City of Stapleton; mayor and city council; two year staggered terms of office.
HB 1110 Blitch, 7th CITY OF ENIGMA Creates a new charter for the city; incorporation; boundaries; powers.
HB 1116 Ray, 19th JEFF DAVIS COUNTY Provides for Board of Commissioners; chairperson and members of Board; compensation.
HB 1118 Ray, 19th JEFF DAVIS COUNTY Creates a board of education; chairperson and members; compensation.
HB 1121 Ray, 19th DODGE COUNTY Creates Dodge County Hospital Authority; membership; additional members for certain time period; vacancies and operation of.
The amendment to the following bill was put upon its passage:
*HB 790:
The Senate Committee on Urban and County Affairs offered the following amendment:
Amend HB 790 by inserting on line 10 of page 1 after "reports;" the following: "to provide for membership of a charter review commission;". By inserting between lines 3 and 4 of page 3 the following: "Section 1.5. Said Act is further amended by adding a new Article VIII to read as follows:
'ARTICLE VIII Section 8-101. If HR 197 creating the City of Atlanta Charter Review Commission and enacted by the General Assembly at its regular 1993 session is approved by the Governor, the commission shall be composed of 33 members notwithstanding any contradictory provi sion of such resolution. The appointment of members to the commission shall be as pro vided in such resolution or any subsequent Act or resolution of the General Assembly.'".

1722

JOURNAL OF THE SENATE

On the adoption of the amendment, the yeas were 51, nays 0, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 2Cth Burton Cheeks Coleman Crotts Dawkins Day Dean Edge Egan

Farrow Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins 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

Those not voting were Senators:

Abernathy Clay

Isakson Kemp

Starr

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

All the bills on the Senate Local Consent Calendar, except HB 790, having received the requisite constitutional majority, were passed.

HB 790, having received the requisite constitutional majority, was passed as amended.

SENATE RULES CALENDAR
Monday, March 22, 1993
THIRTY-NINTH LEGISLATIVE DAY
HB 719 "911" Telephone System--military base in local government definition (Amend ment) (ST&I--50th) (Pursuant to Senate Rule 143, final passage of the bill was suspended on March 17, 1993.)
HB 941 Upper Savannah River Development Authority Act--membership, jurisdiction (Amendment) (EDT&C--47th) (Pursuant to Senate Rule 143, final passage of the bill was suspended on March 17, 1993.)
HB 964 Certain Congressional Districts--composition (Substitute) (Reappor--7th) HB 130 Second Child Molestation Conviction--provisions (S Judy--12th) HB 360 Weights and Measures--basis for timber sold by weight (Ag--20th)

MONDAY, MARCH 22, 1993

1723

HB 786 Sales Tax--exempt certain fruit/vegetable sales, truck crops (Amendment) (F&PU--20th)
SR 292 Senate Sunshine in Litigation Study Committee--create (Rules--38th)
HB 753 Regional Development Centers--change certain provisions (Amendment) (U&CA G--33rd)
SR 267 Senate Study Committee on Postsecondary Technical/Adult Education Fi nance--create (Rules--llth)
HB 66 Ad Valorem Taxation--change certain provisions on conservation use property (Substitute) (F&PU--18th)
SR 289 Senate Defense Conversion Strategies Study Committee--create (Rules--18th)
HB 490 Firearm Possession--state court solicitors, investigators (Amendment) (Judy--3rd)
SR 39 Senate Study Committee on Year-Round Education--create (Amendment) (Rules--39th)
HB 802 Elections--notify voters when candidate disqualified (Gov Op--9th)
SR 237 Trade Agreement With Effect on Peanut Farmers--urge caution in U.S. govern ment (Substitute) (Ag--llth)
HB 383 Insurance--fraternal benefit societies (I&L--23rd) HR 427 State Auditor--nomination, election (Rules--19th)
HB 648 Insurance--revise provisions on certain driver discounts (Substitute) (I&L--24th)
SR 222 Senate Study Committee for a Seamless Education System--create (Rules--18th)
HB 936 Sheriff--law enforcement within corporate limits of municipalities (Pub Saf--3rd)
SR 198 Senate Study Committee on Regulation of Tattooing--create (Rules--10th) HB 920 Patient Self-Referral Act of 1993--provide (Substitute) (H&HS--22nd)
HR 66 Joint Study Committee on Sludge--create (Rules--20th) HB 680 Protective Orders--applicability, jurisdiction, enforcement (S Judy--10th)
SR 55 Senate Electrology Study Committee--create (Rules--55th) HB 677 Board of Workers' Compensation--administrative law judges (Amendment)
(I&L--24th)
SR 313 Senate Study Committee on Children at Risk--create (Rules--33rd) HB 966 Interstate Rail Passenger Network Compact--enact (Substitute) (Trans--1st)
SR 268 Turfgrass Month in Georgia--designate April (Ag--llth)
HB 346 Certain City/County Accommodation Tax--portion for aviation museums (F&PU--18th)
HB 755 Municipal Property--exception to bid requirement for trades/swaps (Substitute) (Judy--42nd)
HB 949 Domestic Stock and Mutual Insurers--payment of dividends (Amendment) (I&L--29th)
HR 91 Joint Study Committee on Revenue Structure--re-create (Rules--44th) HB 661 Transient Merchants--relating to licenses, fees, transfers (Amendment) (U&CA
G--33rd)
HB 75 Security Interest in Crops--priority over earlier security interest (S Judy--40th) HB 341 Perishable Agricultural Commodity Act--provide (Amendment) (Ag--llth) HB 164 Motor Vehicle Registration--in vehicle at all times (Substitute) (Pub Saf--1st)
HB 277 Counties Over 300,000--board of tax appeals and equalization (U&CA G--33rd) HR 374 Fulton County Recreation Study Commission--create (Rules--38th)

1724

JOURNAL OF THE SENATE

HB 810 Zoning Procedures--adopting zoning ordinances (U&CA G--33rd) HB 712 Controlled Substance Property Seizure--notices when value $25,000 or less
(S Judy--6th) HB 213 Racetrack Operators--transfer licensing authority to Safety Fire Commissioner
(I&L--23rd) HB 113 Special License Plate for Purple Heart Veterans--fees (D&VA--15th) HB 214 School Buses--change certain tire tread requirement (Pub Saf--23rd) HB 489 Court Reporter--may take depositions (Judy--54th) HB 486 Certain Life, Death Sentence Cases--victim impact statements (Judy--12th) HB 669 Intermodal Surface Transportation Efficiency Act--compliance (Trans--1st) HB 782 Trial Judges, Solicitors Retirement--postretirement increases (Ret--34th) HB 281 DeKalb County Public Works Contracts--female business enterprise (Substi
tute) (U&CA G--33rd) HB 320 1995 Motor Vehicle Tags--commemorate Olympics (Pub Saf--1st) HB 826 Auctioneers--apprentices, ethics, qualifications (ST&I--llth) HB 377 Mclntosh County Superior Court--terms (Judy--3rd) HB 497 Peace Officers' Annuity, Benefit Fund--postretirement benefit increases
(Ret--16th) SR 18 University Systems Laboratory, Equipment, Technology Study Commit
tee--create (Rules--18th) SR 215 Senate Study Committee on Reform of QBE Comprehensive Evaluation--create
(Rules--56th) HB 515 Agency Creation--provisions (Judy--54th) SR 216 Roadway Lighting Projects--urge use equipment to minimize glare, sky glow, etc.
(Rules--56th) SR 295 Child Nutrition Employee Appreciation Day--designate (Rules--33rd) SR 248 Clark Harrison State Office Building--designate (ST&I--42nd) HB 246 Public Records--no access when used for commercial solicitation (Judy--42nd)
Respectfully submitted,
/s/ 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 17, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage:
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.
Senate Sponsors: Senators Robinson of the 16th and Middleton of the 50th.
The amendment to HB 719 offered by Senator Middleton of the 50th on March 17, as it appears in the Journal of March 17, was automatically reconsidered and put upon its adoption.

MONDAY, MARCH 22, 1993

1725

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

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

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Abernathy Dawkins Edge

Glanton Kemp Perdue

Ragan of llth Taylor

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 general bill of the House, having been read the third time and final ac tion suspended on March 17, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage:

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.
Senate Sponsors: Senators Madden of the 47th and Isakson of the 21st.

The amendment to HB 941 offered by Senator Isakson of the 21st on March 17, as it appears in the Journal of March 17, was automatically reconsidered and put upon its adoption.

On the adoption of the amendment, the yeas were 35, nays 1, and the amendment was adopted.

1726

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 Alien Balfour Baugh Blitch Boshears oowen Broun of 46th Brown of 26th Burton Cheeks
Crotts Dawkins Dean 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 Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Coleman Day

Edge

Kemp

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

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

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

HB 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.
Senate Sponsor: Senator Blitch of the 7th.

The Senate Committee on Reapportionment offered the following substitute to HB 964:

A BILL
To be entitled an Act to amend Titles 21 and 28 of the Official Code of Georgia Anno tated, relating to elections and the General Assembly, respectively, so as to change the com position of certain congressional districts and certain Georgia senatorial districts; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 21 of the Official Code of Georgia Annotated, relating to elections, is

MONDAY, MARCH 22, 1993

1727

amended in Code Section 21-2-4, relating to designation of congressional districts, by strik ing the descriptions of congressional districts No. 2, 3, 4, 6, and 8 and inserting in their respective places new descriptions to read as follows:
"District: 2
TALBOT COUNTY TAYLOR COUNTY MARION COUNTY MACON COUNTY SCHLEY COUNTY STEWART COUNTY WEBSTER COUNTY SUMTER COUNTY QUITMAN COUNTY TERRELL COUNTY RANDOLPH COUNTY CLAY COUNTY CALHOUN COUNTY EARLY COUNTY BAKER COUNTY MITCHELL COUNTY MILLER COUNTY SEMINOLE COUNTY DECATUR COUNTY GRADY COUNTY THOMAS COUNTY BROOKS COUNTY BIBB COUNTY
VTD: 0001 EM01 VTD: 0002 EM02 VTD: 0003 EM03 VTD: 0004 EM04 VTD: 0005 EM05 VTD: 0006 EM06 VTD: 0008 EM08 VTD: 0010 GODFREY 01 VTD: 0011 GODFREY 02 VTD: 0012 GODFREY 03 VTD: 0013 GODFREY 04 VTD: 0016 GODFREY 07 VTD: 0019 HAZARD 05 VTD: 0022 MACON 03 VTD: 0023 HAZARD 01 VTD: 0033 RUTLAND 02 (Part)
Tract: 0130. Block(s): 201C, 202, 231C, 232B, 273B, 274C, 275, 276B, 277B, 278B, 279C, 281B, 281C
Tract: 0135.02 Block(s): 128, 131, 132, 201, 202, 203, 204, 213, 214, 215, 301, 302, 304, 309A, 309B, 309C, 309D, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320
VTD: 0034 VINEVILLE 01 VTD: 0035 VINEVILLE 02 VTD: 0036 VINEVILLE 03 VTD: 0037 VINEVILLE 04 VTD: 0038 VINEVILLE 05 VTD: 0040 VINEVILLE 07 (Part)
Tract: 0102.

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JOURNAL OF THE SENATE

Block(s): 204, 205, 215, 301, 302, 303, 305, 306 Tract: 0103.
Block(s): 202, 203 VTD: 0041 VINEVILLE 08 (Part)
Tract: 0119. Block(s): 104, 105, 106, 111, 115
VTD: 0043 MACON 02 VTD: 0044 MACON 01 CHATTAHOOCHEE COUNTY VTD: 0001 CUSSETA (Part)
Tract: 0201. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 115A, 115B, 116A, 116B, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134A, 134B, 135A, 135B, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159A, 159B, 160, 161A, 161B, 162A, 162B, 163, 164A, 164B, 165A, 165B, 165C, 166A, 166B, 167, 168, 169A, 169B, 170A, 170B, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250
Tract: 0202. Block(s): 901A, 901B, 901C, 901D, 901E, 901F, 902, 903, 904, 905, 906, 907, 908, 909, 910, 911, 912, 913, 914, 915, 916, 917, 918, 919, 920, 921
COLQUITT COUNTY VTD: 0001 BRIDGE CREEK (Part) Tract: 9709. Block(s): 305, 306, 307 VTD: 0004 FUNSTON (Part) Tract: 9709. Block(s): 222, 223, 301C, 302, 303, 304, 308B, 314B, 315, 316, 321 VTD: 0006 HARTSFIELD VTD: 0010 MOULTRIE (Part) Tract: 9703. Block(s): 216, 433, 523, 524, 525, 616, 617 Tract: 9704. Block(s): 113, 114, 115, 116, 117, 118, 122, 123, 124, 125, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265 Tract: 9707. Block(s): 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 221, 222, 223, 224, 225, 226, 227, 228, 229, 236, 237, 238, 239, 240, 241, 242, 250, 251, 252, 253, 254, 255, 256, 301, 302, 303, 304, 305, 306, 307, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 332, 333, 334 Tract: 9708. Block(s): 101, 102, 103, 104, 105, 106, 107, 108A, 108B, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 205, 206, 207, 208, 209, 210, 211, 214, 215, 216, 301C Tract: 9709. Block(s): 129A, 131, 134, 135, 136, 301A, 325B VTD: 0018 SHAW
CRAWFORD COUNTY VTD: 0002 2 VTD: 001B IB
CRISP COUNTY

MONDAY, MARCH 22, 1993

1729

VTD: 0001 CORDELE (Part) Tract: 9801. Block(s): 118, 119, 120, 122, 123, 124, 204, 205A, 205B, 206, 211, 212, 213, 263A, 264A, 265A, 266A, 306A, 307A, 307B, 308A, 308B, 308C, 308D, 309A, 309B, 310, 311, 312, 313, 314, 315, 316, 317, 318, 320, 321, 364, 365, 366, 367 Tract: 9802. Block(s): 173A, 173B, 173C, 173D, 173E, 173F, 173G, 174A, 174B, 179A, 179B, 179C, 180, 181, 182A, 182B, 182C, 183, 196A, 197A, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327A, 327B, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412A, 412B, 412C, 413A, 413B, 414A, 414B, 415A, 415B, 416A, 416B, 417A, 417B, 418, 419, 420A, 420B, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 453, 454A, 454B, 454C, 454D Tract: 9803. Block(s): 304, 305, 306, 307, 308, 309, 310, 311, 324, 325, 326, 327, 328, 329, 330, 351, 352, 353, 354, 357, 358, 359, 360 Tract: 9804. Block(s): 303, 304, 305, 306, 311, 312, 313, 314, 315, 316, 317, 318, 321, 322, 323, 324, 325, 326, 331, 332, 333, 334, 340, 341A, 341B, 419, 420A, 420B, 420C, 420D, 420E, 421, 422, 423A, 423B, 423C, 424A, 424B, 425, 426, 427, 428A, 428B, 428C, 429, 430, 431, 433
DOOLY COUNTY VTD: 0001 VIENNA 535 VTD: 0004 DRAYTON 633 VTD: 0006 BYROMVILLE 585 VTD: 0007 DOOLING 640 VTD: 0008 PINEHURST 1479 VTD: 0009 UNADILLA 1466 VTD: 0010 LILLY 1671
DOUGHERTY COUNTY VTD: 0007 BROAD AVENUE SCHOOL VTD: 0009 WESTTOWN LIBRARY VTD: 0010 RIVERVIEW ACADAMY VTD: 0011 M L KING JR. HIGH SCHOOL VTD: 0012 MONROE HIGH SCHOOL VTD: 0013 FLINTSIDE ELEMENTARY SCH VTD: 0014 CARVER TEEN CENTER VTD: 0015 CARVER JR HIGH GYM VTD: 0016 HIGHLAND AVENUE SCHOOL VTD: 0017 AVALON METHODIST CHURCH VTD: 0018 ALBANY JR. HIGH SCHOOL VTD: 0019 TURNER ELEMENTARY SCHOOL VTD: 0020 JACKSON HEIGHTS ELEM SCH VTD: 0021 BILL MILLER GYM AND ALBANY STATE COLLEGE VTD: 0022 RAD SPRINGS JR HIGH SCH VTD: 0027 SYLVANDALE ELEMENTARY SCH
HOUSTON COUNTY VTD: 0001 RUMB (Part) Tract: 0205. Block(s): 217, 218, 219, 220, 236, 237, 238, 239, 240A, 240B, 241A, 241B, 242, 243, 244, 245, 246
Tract: 0207.
Block(s): 101A, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 301, 302, 303, 304,
305, 306, 308B, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321,
412, 413, 414, 415, 416, 417, 418

1730

JOURNAL OF THE SENATE

Tract: 0208. Block(s): 401, 402
VTD: 0003 MSSH (Part) Tract: 0201.03 Block(s): 302, 304, 305, 306A, 306B, 308A, 308B, 309, 310, 311, 312, 313A, 313B, 314, 315, 316, 317, 318, 319 Tract: 0202. Block(s): 101 Tract: 0203. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410 Tract: 0204. Block(s): 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124
VTD: 0004 RECR (Part) Tract: 0201.03 Block(s): 307A, 307B Tract: 0203. Block(s): 101A, 101B, 102A, 102B, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 115, 116, 301 Tract: 0204. Block(s): 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 126 Tract: 0205. Block(s): 101A, 101B, 102, 103, 104, 105, 113A, 113B, 114A, 114B Tract: 0206. Block(s): 902, 903, 904
VTD: 0008 NSJH (Part) Tract: 0201.01 Block(s): 117, 118A, 118B Tract: 0201.02 Block(s): 224, 225, 226, 301B, 307A, 307B, 307C, 410, 413, 416, 421, 422A, 422B, 423, 424, 425
VTD: 0012 CENT (Part) Tract: 0201.01 Block(s): 112A, 112B, 113, 114, 115, 116, 217, 221, 222A, 222B, 223, 313, 314, 401, 402, 403, 404, 405, 406A, 406B, 406C, 407A, 407B, 407C, 408B, 408C, 409, 410, 411A, 411B, 412 Tract: 0201.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 204, 205, 210 Tract: 0202. Block(s): 408
VTD: 0013 ANNX (Part) Tract: 0211.01 Block(s): 303
VTD: 0014 N13 VTD: 0015 12TH (Part)
Tract: 0215.02 Block(s): 204, 211, 223, 224, 225, 226, 227, 228, 229, 230, 232, 233, 234, 235, 236, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297
VTD: 0016 TOWN (Part) Tract: 0212. Block(s): 304A, 304B, 305, 306, 307, 308, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 501, 502, 503, 504, 505, 506, 507, 509, 535, 536, 537,

MONDAY, MARCH 22, 1993

1731

601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 632, 705, 706, 707, 708, 711, 712, 713, 714, 715, 716, 717 Tract: 0213. Block(s): 118, 119A, 119B, 119C, 120, 121A, 121B, 121C, 122, 123, 124, 125, 126, 127, 128, 129A, 129B, 129C, 130, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 301, 302A, 302B, 305, 306, 307, 308, 309A, 309B, 310, 311A, 311B, 311C, 312, 313A, 313B, 313C, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 333, 334, 335, 336, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427A, 427B, 429A, 430A Tract: 0214. Block(s): 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 119, 120A, 120B, 121, 403, 404, 405A, 405B, 406A, 406B, 406C, 508, 509, 510, 513 LEE COUNTY VTD: 0001 CHOKEE VTD: 0003 LEESBURG (Part) Tract: 0202. Block(s): 160, 162, 163, 192, 194, 195, 196 Tract: 0203. Block(s): 202, 203, 204, 205, 211, 402, 403, 404, 405, 413, 414, 416, 417, 418, 419, 420, 421A, 421B, 422, 423, 425, 426, 427, 428, 429, 431A, 434A, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 473, 474, 485A, 485B, 486, 487, 490, 491, 493, 494, 495, 496, 497, 514, 516, 517, 518, 519, 520, 521, 522, 523, 524, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 548, 549 VTD: 0006 SMITHSVILLE LOWNDES COUNTY VTD: 0002 MINEOLA (Part) Tract: 0102. Block(s): 416, 460, 463, 464, 465, 466, 473, 474, 484, 488, 489, 490, 491, 492 VTD: 0004 MATHIS AUDITORIUM (Part) Tract: 0101. Block(s): 305C, 305D Tract: 0103. Block(s): 220A, 223A, 224, 225, 226, 227, 228, 229, 230, 231, 232, 234B, 239, 240 Tract: 0104. Block(s): 136A, 138A, 140A, 142A, 143 VTD: 0005 GARDEN CENTER VTD: 0007 LOMAX-PINEVALE VTD: 0013 LOWNDES CIVIC CENTER AND FORREST PK CHURCH (Part)
Tract: 0106. Block(s): 304A, 304B, 305, 306, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417
Tract: 0108.
Block(s): 204B, 207
VTD: 0015 AZALEA CITY CHURCH OF GOD VTD: 0017 SHILOH FIRE STATION (Part)
Tract: 0102. Block(s): 457, 458, 459, 493, 494, 495, 496, 497
VTD: 0018 NEW COVENANT CHURCH (Part) Tract: 0101. Block(s): 287, 288, 305L, 307, 308 Tract: 0103. Block(s): 220C, 220D, 220E, 220F, 220G, 223B Tract: 0104. Block(s): 136B, 137, 138B, 140B, 141, 142B
VTD: 0019 CRAIG RECREATION CENTER MERIWETHER COUNTY

1732

JOURNAL OF THE SENATE

VTD: 0002 LUTHERVILLE VTD: 0003 ALVATON-UPPER NINTH VTD: 0004 GAY-MID NINTH VTD: 0005 WOODBURY-LOWER NINTH VTD: 0007 GILL ONE (Part)
Tract: 9705. Block(s): 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 529, 530, 531, 532, 533, 534, 534, 535, 536, 537, 628, 629, 630, 631, 632, 633, 634, 635, 638, 639, 640, 641, 646, 647, 732
VTD: 0008 GILL TWO VTD: 0010 DURAND (Part)
Tract: 9706. Block(s): 217, 218, 219, 275, 276, 277, 302, 318, 319, 320, 322, 323, 324, 326, 327, 328, 329, 330, 335, 348, 349, 351, 352, 353, 354, 355, 356, 357, 358, 366, 367, 369, 370, 371, 372, 373, 374, 375, 376, 377, 393, 394
VTD: 0012 GREENVILLE-EIGHT VTD: 0013 RALEIGH MUSCOGEE COUNTY VTD: 0001 COURTHOUSE VTD: 0002 NORTH LUMPKIN VTD: 0003 EDDY VTD: 0004 BAKER VTD: 0005 SAINT MARY S VTD: 0006 WYNNTON (Part)
Tract: 0023. Block(s): 120, 121, 122
VTD: 0007 BRITT VTD: 0008 CARVER VTD: 0009 RIGDON VTD: 0010 DIMON VTD: 0011 DAWSON VTD: 0012 WESLEY HEIGHTS (Part)
Tract: 0106.04 Block(s): 311, 315, 319, 320, 321, 323, 324, 325, 326, 327, 349
VTD: 0013 REGENCY HEIGHTS VTD: 0024 NORTH HIGHLAND (Part)
Tract: 0015. Block(s): 101, 102, 112, 122, 201, 202, 203, 310
Tract: 0016. Block(s): 101, 108, 111, 113, 123, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 304, 305, 306, 309, 310, 311, 312, 313, 404, 405, 406, 409, 410, 412, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 601, 602, 603, 604, 606, 615
VTD: 0025 EAST HIGHLAND (Part) Tract: 0013. Block(s): 206, 207, 208 Tract: 0014. Block(s): 301, 302, 303, 304, 305, 307, 309, 310, 311, 312, 313, 401, 402, 403, 404, 405 Tract: 0015. Block(s): 103, 110, 111, 113, 114, 115, 117, 118, 120, 121, 123, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 301, 302, 303, 304, 305, 306, 307, 308, 309, 312, 313, 314, 315, 316, 317, 323, 324 Tract: 0018. Block(s): 101, 115, 405, 406, 409, 410, 414
VTD: 0026 SAINT ELMO (Part) Tract: 0013.

MONDAY, MARCH 22, 1993

1733

Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 201, 202, 203, 204, 205, 209
Tract: 0018. Block(s): 105
VTD: 0036 3A1 FORT BENNING VTD: 0037 3A2 FORT BENNING VTD: 0038 3A3 FORT BENNING VTD: 0039 3A4 FORT BENNING VTD: 0040 3A5 FORT BENNING VTD: 0041 3B FORT BENNING VTD: 0042 3B1 FORT BENNING PEACH COUNTY VTD: 0010 DISTRICT 2 AND CLAUDE AND POWERSVILLE VTD: 0015 DISTRICT 3
District: 3
FAYETTE COUNTY COWETA COUNTY SPALDING COUNTY PIKE COUNTY LAMAR COUNTY MONROE COUNTY UPSON COUNTY HARRIS COUNTY BALDWIN COUNTY
VTD: 0002 NORTH BALDWIN 318 (Part) Tract: 9702. Block(s): 101, 102, 103, 104, 105, 106, 107, 107C, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 201, 202B, 203, 204, 205, 206B, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224A, 224B, 225, 226, 227, 301B, 306, 307, 308, 309, 310, 311, 312A, 312B, 313, 314, 315, 316 Tract: 9703. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119,120, 121, 122,123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136,137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151,152, 153, 154, 155, 156, 157, 158, 159,160, 161, 162, 163, 164, 165,166, 167, 201B, 202, 203, 204, 205, 206, 207, 208, 209, 210C, 210D, 210E, 211B, 212, 213, 214C, 214D, 214E, 215B, 216B, 218B, 219, 220C, 220D, 220E, 222C, 225B, 226B, 227, 228, 229B
VTD: 0003 WEST BALDWIN 319 (Part) Tract: 9703. Block(s): 201C Tract: 9705. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 327, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375
VTD: 0006 COOPERS 322 VTD: 0007 NORTH MILLEDGEVILLE 320N (Part)
Tract: 9702. Block(s): 202A, 206A
Tract: 9703. Block(s): 201A, 201D, 210A, 210B, 211A, 214A, 214B, 215A, 216A, 217, 218A, 220A, 221, 222A, 222B, 223, 224
VTD: 0013 SCOTTSBORO 1714 (Part) Tract: 9708. Block(s): 109, 110, 111, 112, 113, 114, 115, 123B, 127B, 130, 131, 134, 135, 136,

1734

JOURNAL OF THE SENATE

137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 219, 220, 221, 222, 223, 224, 225, 226, 301, 302 CLAYTON COUNTY VTD: 0001 ELLENWOOD VTD: 0002 FOREST PARK 1 VTD: 0003 FOREST PARK 2 VTD: 0004 FOREST PARK 3 VTD: 0005 FOREST PARK 4 VTD: 0006 FOREST PARK 5 VTD: 0007 JONESBORO 1 VTD: 0008 JONESBORO 2 VTD: 0009 JONESBORO 3 VTD: 0010 JONESBORO 5 VTD: 0011 JONESBORO 6 VTD: 0012 JONESBORO 7 VTD: 0013 JONESBORO 8 VTD: 0014 LOVEJOY 1 VTD: 0015 LOVEJOY 2 VTD: 0016 LOVEJOY 3 VTD: 0017 ADAMSON MORROW 1 VTD: 0018 ADAMSON MORROW 2 AND FOREST PARK 6 VTD: 0019 ADAMSON MORROW 3 VTD: 0020 ADAMSON MORROW 4 VTD: 0021 ADAMSON MORROW 5 VTD: 0023 OAK 1 (Part) Tract: 0401. Block(s): 901, 902, 903B, 906, 907, 908, 909, 910, 911, 912 VTD: 0025 PAN HANDLE VTD: 0027 RIVERDALE 2 VTD: 0029 RIVERDALE 4 VTD: 0030 RIVERDALE 5 VTD: 0031 RIVERDALE 6 VTD: 0032 RIVERDALE 7 VTD: 0038 JONESBORO 4 AND JONESBORO 9 VTD: 0039 JONESBORO 10 VTD: 0040 JONESBORO 12 VTD: 0041 LAKE CITY 1 VTD: 0042 JONESBORO 11 CRAWFORD COUNTY VTD: 0003 3 VTD: 0004 4 VTD: 0005 5 VTD: 001A 1A HENRY COUNTY VTD: 0010 FLIPPEN VTD: 0015 HAMPTON VTD: 0020 HIGHLAND VILLAGE (Part) Tract: 0701.02 Block(s): 161, 162, 201, 202, 203, 204, 205, 206 Tract: 0701.03 Block(s): 101, 102, 103, 104, 130A, 130C, 132B, 133, 134, 135, 136, 137, 138, 139, 201B, 238B, 239B, 240B, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324B, 325, 326B, 326C, 327, 328, 329, 330, 331, 332, 401, 402, 403, 404, 405B, 406B, 441, 442B, 443B, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 467, 468, 469 Tract: 0702.01

MONDAY, MARCH 22, 1993

1735

Block(s): 102, 103, 104, 105, 106, 107, 108, 109 VTD: 0025 LOCUST GROVE VTD: 0035 LOWES VTD: 0040 MCDONOUGH AND WESTSIDE VTD: 0055 SHAKERAG VTD: 0060 SIXTH VTD: 0065 STOCKBRIDGE VTD: 0070 SWAN LAKE (Part)
Tract: 0701.02 Block(s): 115, 116, 118, 119, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160
VTD: 0075 TUSSAHAW JONES COUNTY
VTD: 0001 BARRON AND CLINTON (Part) Tract: 0301.02 Block(s): 108, 111, 113, 114, 115, 116, 124, 125 Tract: 0302. Block(s): 154, 156, 157, 159, 160, 161, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 256A, 257, 258, 259, 260, 261, 262, 293, 294, 295, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313 Tract: 0303. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313B, 314B, 316B, 316C, 317B, 318B, 320, 321, 322, 323, 327, 328, 329, 330, 331, 332, 333, 334, 341, 343, 345, 346, 347, 349, 351, 352, 353, 354, 355, 356, 357, 377, 378, 379, 465B
VTD: 0002 FINNEY AND WHITE VTD: 0003 GRAY VTD: 0004 POPE VTD: 0005 ROBERTS (Part)
Tract: 0301.02 Block(s): 201, 202, 203, 214, 215, 216, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313
Tract: 0303. Block(s): 515, 523, 524, 527, 531, 532, 533, 534, 535, 536, 539, 540, 541, 542, 543, 547, 548, 554, 555, 556, 557, 558, 559
VTD: 0006 SANDERS VTD: 0007 DAVIDSON MERIWETHER COUNTY VTD: 0001 LONE OAK VTD: 0006 CHALYBEATE AND LOVE VTD: 0007 GILL ONE (Part)
Tract: 9705. Block(s): 290A, 290B, 291, 292, 301, 323, 324, 325, 326, 327, 328, 540, 636, 637, 642, 643, 644, 645, 701A, 701B, 702, 703, 704A, 704B, 705A, 705B, 706, 707, 708, 709, 710, 711, 712, 713, 714A, 714B, 715, 716, 717, 718, 719, 720, 721, 722, 723, 724, 725, 726, 727, 728, 729, 730, 731, 733, 734, 735, 736, 737, 738, 739
VTD: 0009 WARM SPRINGS VTD: 0010 DURAND (Part)
Tract: 9706. Block(s): 312, 313, 314, 315, 316, 317, 331, 332, 333, 334, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 350, 359, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, 395, 396, 397
VTD: 0011 ODESSADALE-SEVENTH MUSCOGEE COUNTY
VTD: 0006 WYNNTON (Part) Tract: 0011.

1736

JOURNAL OF THE SENATE

Block(s): 201, 202, 203, 204, 206, 207, 208, 221
Tract: 0012.
Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315,
316, 317, 318, 319, 320, 321, 322, 401, 402, 404, 405, 406, 407, 408, 409, 410, 411
Tract: 0023.
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115,
116, 117, 118, 119
VTD: 0012 WESLEY HEIGHTS (Part) Tract: 0106.04
Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 230, 233, 303, 312, 316, 317, 318, 322, 329, 332, 333, 334, 335, 336, 337, 339, 340, 341, 342, 343, 344
VTD: 0014 ROTHSCHILD VTD: 0015 EDGEWOOD VTD: 0016 GENTIAN VTD: 0017 BRITT DAVID VTD: 0018 BLANCHARD VTD: 0019 REESE ROAD VTD: 0020 MORNINGSIDE VTD: 0021 MIDLAND VTD: 0022 UPATOI VTD: 0023 WOOD VTD: 0024 NORTH HIGHLAND (Part)
Tract: 0005. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 201, 202, 203, 204, 205, 207, 208, 209, 210, 213, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314
Tract: 0006. Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 118, 119, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218
Tract: 0016. Block(s): 102, 103, 104, 105, 106, 109, 110, 301, 302, 303, 307, 308, 401, 402, 403, 407, 408, 411, 414
Tract: 0110. Block(s): 119B, 122
VTD: 0025 EAST HIGHLAND (Part) Tract: 0008. Block(s): 202, 203, 204, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321 Tract: 0014. Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 406, 407, 408, 409, 410, 411, 412, 413, 414 Tract: 0015. Block(s): 104, 105, 106, 107, 108, 109, 124, 125 Tract: 0018. Block(s): 102, 103, 104, 107, 108, 109, 110, 111, 112, 202, 403, 404, 407, 408, 411, 412, 413
VTD: 0026 SAINT ELMO (Part) Tract: 0012. Block(s): 101, 102, 103, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 121, 122, 123, 133, 201, 203, 204, 205, 206, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219 Tract: 0013. Block(s): 101, 210 Tract: 0018.

MONDAY, MARCH 22, 1993

1737

Block(s): 106, 113, 114, 201 Tract: 0019.
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 132
VTD: 0027 CLUBVIEW VTD: 0028 BIBB CITY VTD: 0029 JOHNSON VTD: 0030 ARNOLD VTD: 0031 BEALLWOOD VTD: 0032 DOUBLE CHURCHES VTD: 0033 PORTSON VTD: 0034 21A VTD: 0035 32B PEACH COUNTY VTD: 0005 DISTRICT 1 VTD: 0020 BYRON
District: 4
ROCKDALE COUNTY DEKALB COUNTY
VTD: 0001 ALLGOOD VTD: 0002 ASHFORD DUNWOODY VTD: 0003 ASHFORD PARK VTD: 0006 AVONDALE ESTATES VTD: 0008 BRIAR VISTA VTD: 0009 BRIARCLIFF NORTH VTD: 0010 BRIARCLIFF SOUTH VTD: 0011 BRIARLAKE VTD: 0012 BRIARWOOD VTD: 0013 BROCKETT VTD: 0014 CALLANWOLDE VTD: 0017 CARRIAGE CLUSTER AND WOODRIDGE VTD: 0020 CHAMBLEE NORTH VTD: 0021 CHAMBLEE SOUTH VTD: 0024 CLAIREMONT VTD: 0025 CLAIRMONT HILLS VTD: 0028 CORALWOOD VTD: 0030 CROSS KEYS VTD: 0032 DORAVILLE NORTH VTD: 0033 DORAVILLE SOUTH VTD: 0034 DRESDEN VTD: 0035 DRUID HILLS AND MARY LIN VTD: 0036 DUNAIRE VTD: 0037 DUNWOODY VTD: 0040 EMBRY HILLS VTD: 0041 EMORY VTD: 0042 EPWORTH VTD: 0043 EVANSDALE VTD: 0045 FERNBANK VTD: 0047 FORREST HILLS VTD: 0048 GLENNWOOD VTD: 0051 HAMBRICK VTD: 0052 HAWTHORNE VTD: 0053 HENDERSON MILL VTD: 0054 HERITAGE VTD: 0056 HUGH HOWELL VTD: 0058 IDLEWOOD

1738

JOURNAL OF THE SENATE

VTD: 0061 JOHNSON ESTATES VTD: 0062 JOLLY VTD: 0067 LAKESIDE VTD: 0068 LAUREL RIDGE VTD: 0069 LAVISTA AND LIVSEY VTD: 0072 MAINSTREET NORTH VTD: 0073 MAINSTREET SOUTH VTD: 0074 MARGARET HARRIS VTD: 0076 MCLENDON VTD: 0079 MEDLOCK VTD: 0080 MEMORIAL NORTH VTD: 0081 MEMORIAL SOUTH VTD: 0086 MONTCLAIR VTD: 0087 MONTREAL VTD: 0090 NANCY CREEK VTD: 0091 NORTH DECATUR VTD: 0092 NORTHLAKE VTD: 0093 NORTHWOODS VTD: 0094 OAK GROVE VTD: 0095 OAKCLIFF VTD: OOAC PINE LAKE VTD: OOAD PLEASANTDALE VTD: OOAE PONCE DE LEON VTD: OOAK REHOBOTH VTD: OOAL ROCKBRIDGE VTD: 00AM ROCK CHAPEL VTD: OOAQ ROWLAND ROAD VTD: OOAR SAGAMORE VTD: OOAU SCOTT VTD: OOAX SILVER HILL VTD: OOAY SILVER LAKE VTD: OOBA SKYLAND VTD: OOBB SMOKE RISE VTD: OOBD SOUTH DECATUR VTD: OOBF STONE MILL VTD: OOBG STONE MOUNTAIN VTD: OOBP TUCKER VTD: OOBR VERMACK VTD: OOBU WARREN VTD: OOBW WESLEY WOODS VTD: OOBX WESTCHESTER VTD: OOCB WINNONA FULTON COUNTY VTD: 0077 6A VTD: 0079 6C VTD: 0080 6D VTD: 0081 6E GWINNETT COUNTY VTD: 0002 1295B VTD: 0003 405A VTD: 0004 405B VTD: 0005 405C VTD: 0006 405D VTD: 0007 405E VTD: 0008 405F VTD: 0009 405G VTD: 0010 408A

MONDAY, MARCH 22, 1993

1739

VTD: 0011 408B VTD: 0012 408C VTD: 0013 408D VTD: 0014 408E VTD: 0015 408F VTD: 0016 408G VTD: 0021 1578A VTD: 0022 1578B VTD: 0023 1578C VTD: 0028 407A VTD: 0029 407B VTD: 0031 544A VTD: 0032 544B VTD: 0033 544C VTD: 0034 406A VTD: 0035 406B VTD: 0037 406D VTD: 0039 406F VTD: 0040 406G VTD: 0042 4061 VTD: 0043 406J VTD: 0045 571A VTD: 0050 405H VTD: 0051 408H VTD: 0054 1578D VTD: 0056 407E VTD: 0057 406K VTD: 0060 406N VTD: 0061 4060 VTD: 0064 4051 VTD: 0065 4081 VTD: 0066 408J VTD: 0068 407F (Part)
Tract: 0505.08 Block(s): 801A, 801B, 801C, 801D, 801E, 801F, 802, 803, 804, 805, 806, 807, 808,
809, 810, 811, 812, 813 Tract: 0505.09
Block(s): 101A, 101B, 101C, 101D, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117A, 117B, 117C, 118, 119A, 119B, 119C, 120A, 120B, 121, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 402, 403, 501, 502, 503, 601A, 601B, 601C, 602A, 602B, 603
Tract: 0507.05 Block(s): 120, 121, 162A, 162B, 163
VTD: 0069 544E VTD: 0070 406P VTD: 0071 406Q VTD: 0072 571C VTD: 0073 408K VTD: 0075 406R VTD: 0076 571D VTD: 0077 571B VTD: 0078 544D"
"District: 6
CHEROKEE COUNTY VTD: 0002 BELLS VTD: 0009 HICKORY FLAT

1740

JOURNAL OF THE SENATE

VTD: 0010 LICK SKILLET VTD: 0011 LITTLE RIVER VTD: 0016 WOODSTOCK COBB COUNTY VTD: 0001 ACWORTH VTD: 0003 BELLS FERRY 1 VTD: 0004 BELLS FERRY 2 VTD: 0005 BELLS FERRY 3 VTD: 0006 BIG SHANTY 1 VTD: 0007 BIG SHANTY 2 VTD: 0008 BIG SHANTY 3 VTD: 0010 BISHOP LAKE VTD: 0011 CHATTAHOOCHEE 1 VTD: 0012 CHATTAHOOCHEE 2 VTD: 0013 CHEATHAM HILL 1 VTD: 0014 CHESTNUT RIDGE VTD: 0016 DICKERSON VTD: 0017 DOBBINS 1 VTD: 0018 DOBBINS 2 (Part)
Tract: 0303.21 Block(s): 302B, 303, 304, 305, 306, 307, 308, 309, 310, 311, 403B, 403C, 403D
Tract: 0304.04 Block(s): 101E, 102B, 103B, 104, 105, 301B, 401C, 401D, 401E, 503B, 504, 601B, 603B
Tract: 0304.06 Block(s): 101C, 101D, 101E, 101F, 101G, 301B, 301C, 401C, 401D, 401E, 401F, 501D
Tract: 0305.03 Block(s): 208B
Tract: 0310.01 Block(s): 910L, 925B, 925C
Tract: 0311.08 Block(s): 102H, 102J, 202B, 209B, 303B, 310B, 311, 312, 313B, 313C, 314B, 316, 317, 318, 320B, 321B, 322, 401D, 401E, 403, 404B, 405A, 405C, 406, 407, 408, 409B, 411D
VTD: 0019 DODGEN VTD: 0020 DUE WEST VTD: 0021 EASTSIDE VTD: 0022 ELIZABETH 1 (Part)
Tract: 0305.01 Block(s): 901B, 902B, 902C, 903B, 904, 905C, 905D, 908B, 909
Tract: 0305.02 Block(s): 601C
Tract: 0305.03 Block(s): 108B
Tract: 0306.
Block(s): 506B, 601, 602, 603, 701, 702, 703B, 704B, 705B, 706C, 707, 708B, 708C, 708D, 708E, 708F, 709, 710, 711B, 711C, 711D, 712, 713B
VTD: 0023 ELIZABETH 2 VTD: 0024 ELIZABETH 3 VTD: 0025 ELIZABETH 4 VTD: 0026 ELIZABETH 5 AND SEWELL MILL 1 VTD: 0033 FULLERS 1 AND FULLERS 2 VTD: 0035 FULLERS 3 VTD: 0036 FULLERS 4 VTD: 0037 FULLERS 5 VTD: 0038 GARRISON MILL

MONDAY, MARCH 22, 1993

1741

VTD: 0039 CRITTERS 1 VTD: 0040 GRITTBRS 2 VTD: 0041 CRITTERS 3 VTD: 0042 CRITTERS 4 VTD: 0043 CRITTERS 5 VTD: 0044 CRITTERS 6 VTD: 0045 CRITTERS 7 VTD: 0049 KENNESAW 1 VTD: 0050 KENNESAW 2 VTD: 0051 LOST MOUNTAIN VTD: 0057 MARIETTA 1 (Part)
Tract: 0303.21 Block(s): 302A, 402A, 403A
Tract: 0304.04 Block(s): 101A, 101B
Tract: 0304.06 Block(s): 101A, 101B, 102A, 301A, 401A, 401B, 402A, 402B, 501A, 501B, 501C
Tract: 0310.01 Block(s): 912
Tract: 0311.09 Block(s): 101A, 101C
VTD: 0060 MARIETTA 4 (Part) Tract: 0302.07 Block(s): 108A, 113B, 113C, 113D, 114A, 115A, 115B, 801A, 802A Tract: 0305.01 Block(s): 908A Tract: 0306. Block(s): 703A, 704A, 705A, 706A, 708A, 708G
VTD: 0061 MARIETTA 5 (Part) Tract: 0305.01 Block(s): 301A, 307A, 308A, 601A, 601E, 602A, 602B, 602C, 602D, 602E, 604A, 604B, 604C, 605A, 605B, 606A, 606B, 701A, 710A, 711A, 712, 717A, 718A, 901A, 902A, 903A, 905A, 905B, 906, 907 Tract: 0305.02 Block(s): 114A, 201A, 201E, 202A, 202B, 302A, 303A, 303B, 304A, 305A, 311, 312, 313, 314, 315, 316A, 601A, 601B, 603, 604, 605, 606, 607A, 607B Tract: 0306. Block(s): 706B, 711A, 713A
VTD: 0062 MARIETTA 6 (Part) Tract: 0304.01 Block(s): 901A, 906A, 907A, 919A, 920A, 920D Tract: 0304.02 Block(s): 601A, 604A, 615A Tract: 0304.04 Block(s): 301A, 302 Tract: 0304.05 Block(s): 101, 102, 103, 104, 201, 202, 203A, 203B, 204, 205A, 401A, 402A, 601A, 602A, 603A, 603B, 701A, 704A, 801, 802, 803 Tract: 0305.02 Block(s): 112A, 114B, 305B, 317A, 318A Tract: 0305.03 Block(s): 101, 102, 103, 104, 105, 106, 107, 108A, 109, 110, 111, 112, 202A, 205A, 207, 208A, 209, 210, 211, 212, 213, 214, 215, 216, 302A, 307A, 307B, 308A, 309A, 309B, 314A, 315A, 315B, 316A, 316B, 317, 318A, 402A, 403, 406A, 407, 408, 409, 410, 411A, 412A, 413A, 414, 415, 416, 417, 418, 419A, 501A, 502A, 502B, 503A, 601, 602, 603, 604
VTD: 0063 MARIETTA 7 (Part)

1742

JOURNAL OF THE SENATE

Tract: 0304.04 Block(s): 101C, 101D, 102A, 103A, 201, 202, 303, 401A, 401B, 402, 403, 404, 405, 501, 502, 503A, 601A, 602, 603A, 604, 701, 702, 703, 704, 801
Tract: 0304.05 Block(s): 401B, 406A, 407B, 408, 410
Tract: 0304.06 Block(s): 602A, 602B, 602D, 701A, 801A
VTD: 0064 MARS HILL 1 VTD: 0065 MARS HILL 2 VTD: 0066 MARS HILL 3 VTD: 0067 MT. BETHEL 1 VTD: 0068 MT. BETHEL 2 VTD: 0069 MT. BETHEL 3 VTD: 0071 NORTON PARK 1 VTD: 0072 NORTON PARK 2 VTD: 0073 OAKDALE 1 VTD: 0074 OAKDALE 2 VTD: 0075 OREGON 1 VTD: 0079 PARKAIRE VTD: 0081 POST OAK 1 VTD: 0082 POST OAK 2 AND POST OAK 9 VTD: 0083 POST OAK 3 VTD: 0084 POST OAK 4 VTD: 0085 POST OAK 5 VTD: 0086 POST OAK 6 VTD: 0087 POST OAK 8 VTD: 0090 RED ROCK VTD: 0092 SEWELL MILL 2 VTD: 0093 SEWELL MILL 3 AND SEWELL MILL 4 VTD: 0095 SMYRNA 1 VTD: 0096 SMYRNA 2 VTD: 0097 SMYRNA 3 VTD: 0098 SMYRNA 4 VTD: 0099 SMYRNA 5 VTD: OOAl SMYRNA 6 (Part)
Tract: 0310.01 Block(s): 210, 216C, 216D, 228B
Tract: 0310.02 Block(s): 120A
Tract: 0310.03 Block(s): 110A, 112A, 113A
Tract: 0311.01 Block(s): 101A, 105, 106A, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 121A, 122A, 302, 303, 311, 312, 313, 314, 315
Tract: 0311.05 Block(s): 101, 102
Tract: 0311.08 Block(s): 303A, 308, 310A, 319
VTD: OOA2 SMYRNA 7 VTD: OOA3 SOPE CREEK 1 VTD: OOA3 SOPE CREEK 2 VTD: OOA5 SOPE CREEK 3 VTD: OOA9 VININGS 1 VTD: OOB1 VININGS 2 VTD: OOB2 VININGS 3 VTD: OOB3 CRITTERS 8 VTD: OOB4 GRITTERS 11

MONDAY, MARCH 22, 1993

1743

VTD: OOB5 GRITTERS 10 VTD: OOB6 KEMP VTD: OOB7 GRITTERS 9 VTD: OOB8 CHEATHAM HILL 2 (Part)
Tract: 0302.07 Block(s): 115D, 801B, 801C, 802B, 803, 804, 805, 806, 807, 808, 814, 815, 816, 817, 818, 819, 820, 821, 822, 824, 825, 826
VTD: OOC1 OREGON 5 DEKALB COUNTY
VTD: 0005 AUSTIN VTD: 0023 CHESTNUT VTD: 0057 HUNTLEY HILLS VTD: 0064 KINGSLEY VTD: 0089 MT VERNON VTD: 0099 PEACHTREE VTD: OOAW SHALLOWFORD VTD: OOBQ VANDERLYN 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: OOPS NC07 VTD: OOP6 NCOS VTD: OOP7 NC09 VTD: OOP9 NCll VTD: OOR2 RW01 VTD: OOR3 RW02 VTD: OOR4 RW03 VTD: OOR5 RW04 VTD: OOR7 RW05 VTD: OOR8 RW06 VTD: OOR9 RW07 VTD: OOU7 SS01 VTD: OOW3 SS15 VTD: OOW9 SS22 VTD: 00X3 AP02 VTD: 00X6 SS17 VTD: OOY2 RW09 GWINNETT COUNTY VTD: 0018 1263A
VTD: 0019 1263B VTD: 0024 404A
VTD: 0030 407C VTD: 0036 406C
VTD: 0038 406E VTD: 0041 406H
VTD: 0049 1604 VTD: 0052 1263C VTD: 0053 1263D
VTD: 0055 407D VTD: 0058 406L
VTD: 0059 406M

1744

JOURNAL OF THE SENATE

VTD: 0067 404B VTD: 0074 404C"
"District: 8
JOHNSON COUNTY LAURENS COUNTY BLECKLEY COUNTY TREUTLEN COUNTY DODGE COUNTY PULASKI COUNTY WHEELER COUNTY TELFAIR COUNTY WILCOX COUNTY JEFF DAVIS COUNTY TURNER COUNTY BEN HILL COUNTY WORTH COUNTY COFFEE COUNTY IRWIN COUNTY TIFT COUNTY BERRIEN COUNTY ATKINSON COUNTY COOK COUNTY CLINCH COUNTY LANIER COUNTY ECHOLS COUNTY BIBB COUNTY
VTD: 0007 EM07 VTD: 0009 EM09 VTD: 0014 GODFREY 05 VTD: 0015 GODFREY 06 VTD: 0017 GODFREY 08 VTD: 0018 GODFREY 09 VTD: 0020 HAZARD 06 VTD: 0021 HAZARD 03 VTD: 0024 HO 01 VTD: 0025 HO 02 VTD: 0026 HO 03 VTD: 0027 HO 04 VTD: 0028 HO 05 VTD: 0029 HO 06 VTD: 0030 HO 07 VTD: 0031 HO 08 VTD: 0032 RUTLAND 01 VTD: 0033 RUTLAND 02 (Part)
Tract: 0130. Block(s): 283B, 291
Tract: 0135.01 Block(s): 401, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523
Tract: 0135.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 129, 130, 133, 134, 135, 136, 137, 205, 206, 207, 208, 209, 210, 211, 212, 303, 305, 306, 307, 308
VTD: 0039 VINEVILLLE 06 VTD: 0040 VINEVILLE 07 (Part)

MONDAY, MARCH 22, 1993

1745

Tract: 0102. Block(s): 115, 207, 208, 209, 210, 211, 212, 214, 304, 401, 402, 403, 404, 405, 406, 407, 408, 409
VTD: 0041 V1NEVILLE 08 (Part) Tract: 0110. Block(s): 318, 319 Tract: 0119. Block(s): 101, 102, 103, 112, 113, 201B, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319
VTD: 0042 VINEVILLE 09 VTD: 0045 WA 01 VTD: 0046 WA 02 VTD: 0047 HAZARD 02 VTD: 0048 HAZARD 04 COLQUITT COUNTY VTD: 0001 BRIDGE CREEK (Part)
Tract: 9709. Block(s): 224, 263, 264, 275, 301B, 317, 318, 319, 320, 322, 323, 324, 325A, 325C, 326, 327, 328, 329, 330, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418A, 418B, 418C, 418D, 419, 420, 459, 460, 461, 462
VTD: 0002 CROSLAND VTD: 0003 DOERUN VTD: 0004 FUNSTON (Part)
Tract: 9709. Block(s): 101, 102, 103A, 103B, 104A, 104B, 105, 106, 107, 108, 109, 118, 119, 120, 121, 122,123A, 123B, 124, 125, 126, 127A, 127B, 128, 129B, 130,132, 133, 308A, 309, 310, 311, 312, 313, 314A
VTD: 0005 HAMILTON VTD: 0007 LEE VTD: 0008 MILL CREEK VTD: 0009 MONK VTD: 0010 MOULTRIE (Part)
Tract: 9703. Block(s): 215A, 215B
Tract: 9704. Block(s): 107A, 108A, 108B, 109A, 110A, 111, 112, 119, 120, 121, 126, 127, 136A, 138A, 139, 140, 141, 142, 143, 201A, 203A, 204, 205, 206, 207, 208, 209, 210, 211, 232, 233, 234, 235A, 236A, 237A, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 335A, 337, 340, 341, 342
Tract: 9706. Block(s): 102A, 104A, 104B, 105A, 106A, 108A, 108C, 116A, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126A, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139A, 139B, 301, 302A, 302B, 304, 305, 306A, 307A, 308A, 314A, 315A, 316, 317, 318, 322A
Tract: 9707. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121A, 121B, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131A, 131B, 132, 133, 134, 135, 136, 137, 138, 139, 201, 202, 203, 204, 217, 218, 219, 220, 230, 231, 232, 233, 234, 235, 243, 244, 245, 246, 247, 248, 249, 257, 258, 308, 309, 310, 311, 312, 313, 330, 331, 335, 336, 337, 338, 339, 340, 341, 342, 343, 401, 402A, 402B, 403A, 403B, 404A, 404B, 405, 406A, 406B, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419A, 419B, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 501A, 502, 503, 505, 506, 509A, 510A, 511A, 512A, 513A, 513B, 513C, 514, 515, 516A, 517A, 518A, 519, 520A, 521A, 522A, 537, 538A, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612,

1746

JOURNAL OF THE SENATE

613, 614, 615, 616, 617, 618, 619, 620, 621, 622A, 622B, 623A, 623B, 624, 625A, 626A, 627, 628, 629, 630 Tract: 9708. Block(s): 131, 132, 133, 201, 202, 203, 204, 212, 213, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 301A, 301B, 301D, 301E, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418 VTD: 0011 MURPHY VTD: 0012 NORMAN PARK VTD: 0013 ROBINSON VTD: 0014 THIGPEN VTD: 0015 TY TY VTD: 0016 WARRIOR VTD: 0017 HOPEWELL VTD: 0019 AUTREYVILLE CRISP COUNTY VTD: 0001 CORDELE (Part) Tract: 9801. Block(s): 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 121, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 149, 150, 156, 157, 158, 159A, 159B, 160, 161, 162, 163A, 163B, 164, 165, 166, 167, 168, 169, 170, 201, 202, 203, 207, 208, 209, 210, 214, 215A, 215B, 215C, 215D, 215E, 216A, 216B, 217, 218, 219, 220, 221, 222A, 222B, 222C, 223A, 223B, 224A, 224B, 225, 226, 227, 228, 229, 230A, 230B, 231A, 231B, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252A, 252B, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263B, 264B, 265B, 266B, 267, 268, 269, 301A, 301B, 302, 303A, 303B, 304, 305A, 305B, 306B, 306C, 319, 322, 323A, 323B, 324A, 324B, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363 Tract: 9802. Block(s): 101, 102, 103, 104, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143A, 143B, 144A, 144B, 145, 146, 147, 148, 149, 150, 168A, 168B, 168C, 168D, 168E, 168F, 169, 170, 171, 172, 175, 176, 177, 178, 184, 185, 186, 187, 193, 194, 195, 196B, 197B, 328, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 501, 502, 550, 551, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 618, 619 Tract: 9803. Block(s): 113, 118, 119, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 172, 173, 201, 202A, 202B, 202C, 203A, 203B, 204A, 204B, 205A, 205B, 206A, 206B, 207, 208, 209, 210, 211, 212, 213, 214A, 214B, 215, 216A, 216B, 217, 218A, 218B, 219A, 219B, 220A, 220B, 221A, 221B, 221C, 222, 223, 224A, 224B, 224C, 225, 226A, 226B, 227, 228A, 228B, 229A, 229B, 230A, 230B, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255A, 255B, 255C, 256A, 256B, 256C, 256D, 256E, 256F, 257A, 257B, 258A, 258B, 258C, 259A, 259B, 260A, 260B, 261A, 261B, 262A, 262B, 263A, 263B, 264, 265, 266A, 266B, 267A, 267B, 268A, 268B, 269, 270, 271, 301, 302, 303, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 355, 356, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370 Tract: 9804. Block(s): 101, 102, 103, 104, 105, 106, 107A, 107B, 107C, 107D, 108A, 108B, 109A, 109B, 110A, HOB, 111A, 111B, 112A, 112B, 113A, 113B, 114, 115, 116A, 116B, 117A, 117B, 118A, 118B, 119, 120A, 120B, 120C, 121A, 121B, 122A, 122B, 123, 124, 125A, 125B, 126A, 126B, 126C, 127, 128, 129, 130, 131, 132, 133A, 133B, 134A, 134B, 134C, 135A, 135B, 136, 137A, 137B, 138A, 138B, 139, 140, 141A,

MONDAY, MARCH 22, 1993

1747

141B, 141C, 142, 143, 144, 145, 146, 147, 148, 149, 150, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 301, 302, 307, 308, 309, 310, 319, 320, 327, 328, 329, 330, 335, 336, 337, 338, 339, 401, 402A, 402B, 403, 404, 405A, 405B, 406A, 406B, 406C, 407A, 407B, 407C, 408, 409A, 409B, 410A, 410B, 411, 412, 413, 414A, 414B, 414C, 414D, 414E, 415A, 415B, 415C, 416, 417, 418A, 418B, 432, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 501A, 501B, 502A, 502B, 503A, 503B, 503C, 504, 505, 506, 507, 508, 509, 510, 511A, 511B, 512, 513, 514A, 514B, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527A, 527B, 528A, 528B, 528C, 528D, 529A, 529B, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544 Tract: 9805. Block(s): 101, 102, 103, 104, 105, 106, 107, 114, 115, 116, 117, 118, 119, 120 VTD: 0002 LISTONIA VTD: 0003 HATLEY VTD: 0004 ARABI VTD: 0005 JAMESTOWN VTD: 0006 CONEY DOOLY COUNTY VTD: 0002 SIXTH 1012 VTD: 0003 THIRD 516 VTD: 0005 FINDLAY 1552 DOUGHERTY COUNTY VTD: 0001 NATIONAL GUARD ARMORY VTD: 0002 NW LIBRARY VTD: 0003 PORTERFIELD METH CH CTR VTD: 0004 LOWER DEERFIELD-WINDSOR VTD: 0005 WESTOVER HIGH SCHOOL VTD: 0006 MERRY ACRES JR HIGH SCH VTD: 0008 ALBANY JR COLLEGE VTD: 0023 PUTNEY YOUTH CENTER VTD: 0024 MOCK ROAD ELEMENTARY SCH VTD: 0025 DOUGHTERY JR HIGH SCHOOL VTD: 0026 BRANCH ROAD PRECINCT VTD: 0028 SCOTTISH RITE TEMPLE HOUSTON COUNTY VTD: 0001 RUMB (Part) Tract: 0205. Block(s): 221, 222, 223, 224, 225, 227A, 227B, 228, 233, 234, 235 Tract: 0207. Block(s): 101B, 201A, 201B, 202, 203A, 203B, 203C, 203D, 204A, 204B, 204C, 205A, 205B, 205C, 206, 207, 208A, 208B, 307A, 307B, 308A, 308C, 401, 402, 403, 404, 405, 406, 407, 408, 409 Tract: 0208. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 201, 301, 901A, 901B, 901C Tract: 0211.01 Block(s): 101A, 101B, 102A, 102B, 103A, 103B, 104A, 104B, 105A, 105B, 105C, 105D, 106, 107, 108A, 108B, 108C, 108D, 108E, 109, 110, 114A, 114B, 115A, 115B VTD: 0002 MILL VTD: 0003 MSSH (Part) Tract: 0201.03 Block(s): 301A, 303 Tract: 0202.

1748

JOURNAL OF THE SENATE

Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119
Tract: 0203. Block(s): 315, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429
VTD: 0004 RECR (Part) Tract: 0201.02 Block(s): 222, 223 Tract: 0201.03 Block(s): 301B Tract: 0204. Block(s): 125, 127, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 901, 902, 903, 904, 905, 906 Tract: 0205. Block(s): 106, 107, 108, 109, 110, 111, 112, 115, 116, 117, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 226, 229, 230, 231, 232 Tract: 0206. Block(s): 101, 102A, 102B, 102C, 102D, 102E, 103, 201, 202A, 202B, 202C, 202D, 202E, 203, 204A, 204B, 205, 206, 207A, 207B, 208, 901A, 901B, 901C, 901D, 901E, 901F, 901G, 901H, 901J, 901K, 901L, 905, 906, 907A, 907B, 907C, 908A, 908B, 909A, 909B Tract: 0209. Block(s): 101, 102, 103, 104, 106, 107, 112, 113, 119, 120, 121
VTD: 0006 RUSS VTD: 0007 PKWD VTD: 0008 NSJH (Part)
Tract: 0201.02 Block(s): 201, 202, 219, 220, 221, 227, 228, 229, 230, 231, 301A, 301C, 302A, 302B, 302C, 303A, 303B, 304, 305, 306A, 306B, 306C, 308, 309A, 309B, 401A, 401B, 401C, 401D, 401E, 401F, 401G, 401H, 401J, 402, 403, 404, 405, 406, 407, 408, 409, 411, 412, 414, 415, 417, 418, 419, 420, 426, 427, 428
VTD: 0009 LII VTD: 0010 UII (Part)
Tract: 0211.01 Block(s): 113B
Tract: 0211.02 Block(s): 101A, 101B, 102, 103, 104, 105, 106A, 106B, 106C, 106D, 106E, 106F, 107A, 107B, 108, 109, 110, 111A, 111B, 112A, 112B, 113A, 113B, 114A, 114B, 115A, 115B, 116A, 116B, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 301, 304
Tract: 0211.03 Block(s): 101, 102, 103, 104, 105, 201, 202, 203A, 203B, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 301, 302, 303, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 337, 338, 339, 340, 341, 342, 343, 344, 345
VTD: 0011 10TH (Part) Tract: 0211.02 Block(s): 302, 303, 305, 306, 307, 308, 309, 310, 311, 312, 313 Tract: 0211.03 Block(s): 334, 335, 336 Tract: 0212. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 201, 202, 203, 206
VTD: 0012 CENT (Part) Tract: 0201.01

MONDAY, MARCH 22, 1993

1749

Block(s): 101, 102A, 102B, 102C, 103, 104, 105A, 105B, 106A, 106B, 107, 108A, 108B, 109A, 109B, 110, 111A, 111B, 201A, 201B, 201C, 202, 203, 204, 205, 206A, 206B, 207A, 207B, 207C, 207D, 207E, 208A, 208B, 208C, 209, 210A, 210B, 210C, 211, 212A, 212B, 212C, 213A, 213B, 214A, 214B, 215A, 215B, 216A, 216B, 218A, 218B, 218C, 218D, 218E, 219A, 219B, 219C, 219D, 220, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 408A
Tract: 0201.02 Block(s): 203, 206, 207, 208, 209, 211, 212, 213, 214, 215, 216, 217, 218
VTD: 0013 ANNX (Part) Tract: 0209. Block(s): 408, 409, 410, 411 Tract: 0210. Block(s): 301, 302, 303A, 303B, 303C, 303D, 303E, 303F, 303G, 318, 319 Tract: 0211.01 Block(s): 201B, 201C, 201D, 201E, 202A, 202B, 203, 204, 205A, 205B, 206, 207, 208A, 208C, 211B, 211C, 211F, 301A, 301B, 301C, 302A, 302B, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 401, 402, 403, 404, 405A, 405B, 405C, 405D, 406A, 406B, 407A, 407B, 407C, 407D, 407E, 407F, 407G, 408A, 408B, 409A, 409B, 410A, 410B, 410C, 411, 412A, 412B, 413, 414, 415, 416, 417, 418, 419A, 419B, 420, 421, 422, 423, 424A, 424B Tract: 0211.02 Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219
VTD: 0015 12TH (Part) Tract: 0215.02 Block(s): 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 201, 202, 203, 205, 206, 207, 208, 209, 210, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 231, 237, 238, 239, 240, 241, 242
VTD: 0016 TOWN (Part) Tract: 0212. Block(s): 204, 205, 207, 208, 209, 210, 211A, 211B, 212, 213A, 213B, 214, 215, 301, 302, 303A, 303B, 508, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628, 629, 630, 631, 701, 702, 703, 704, 709, 710 Tract: 0213. Block(s): 101, 102A, 102B, 103A, 103B, 104, 105, 106, 107, 108, 109A, 109B, 110, 111, 112, 113A, 113B, 113C, 114, 115A, 115B, 115C, 115D, 116, 117A, 117B, 117C, 131, 132, 303, 304, 311D, 314, 315, 316, 317, 428A, 428B, 429B, 430B, 431, 432 Tract: 0214. Block(s): 111, 112, 113, 114, 115, 116, 117, 118, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 301, 302, 303, 304, 305A, 305B, 306A, 306B, 307A, 307B, 308, 309, 310, 311, 312, 313A, 313B, 313C, 314, 315, 316, 317, 318A, 318B, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328A, 328B, 329, 330, 331, 332, 401, 402A, 402B, 407, 408, 507, 525, 526, 527, 528, 529, 530 Tract: 0215.02 Block(s): 143B, 144, 145
VTD: 0017 WRJH JONES COUNTY
VTD: 0001 BARRON AND CLINTON (Part) Tract: 0301.02 Block(s): 117, 118, 119, 204, 205, 206, 208, 209, 225, 226, 227
VTD: 0005 ROBERTS (Part)

1750

JOURNAL OF THE SENATE

Tract: 0301.02 Block(s): 207, 213, 219, 220, 221, 222, 223, 224, 228, 229, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331
VTD: 0008 ROBERTS 4 LEE COUNTY
VTD: 0002 REDBONE VTD: 0003 LEESBURG (Part)
Tract: 0203. Block(s): 424, 430, 431B, 432, 433, 434B, 435, 436, 437, 439A, 439B, 440A, 440B, 440C, 441A, 441B, 441C, 442, 443, 444A, 444B, 445A, 445B, 446A, 446B, 447, 448, 449, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 475A, 475B, 476A, 476B, 477A, 478, 479, 480, 501, 502, 503, 504, 505A, 506, 507A, 508
VTD: 0004 CENTURY VTD: 0005 PALMYRA LOWNDES COUNTY VTD: 0001 HAHIRA VTD: 0002 MINEOLA (Part)
Tract: 0102. Block(s): 461, 462, 475, 476, 477, 478, 479, 480, 481, 482, 483, 485, 486, 487
VTD: 0003 MOODY MASONIC VTD: 0004 MATHIS AUDITORIUM (Part)
Tract: 0101. Block(s): 305A, 305B, 306
Tract: 0103. Block(s): 201A, 202, 203A, 204A, 205, 206A, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219A, 221A, 221B, 221C, 222A, 222B, 233, 234A, 235, 236, 237, 238, 251, 252, 254A, 257A
Tract: 0104. Block(s): 125A, 126, 127, 128, 129, 130, 131A, 132A, 132B, 134A, 135A, 139A, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 201, 202, 203, 204, 205, 206, 207, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234
VTD: 0006 CHURCH LATTERDAY SAINTS VTD: 0008 NAYLOR COURTHOUSE VTD: 0009 CLYATTVILLE VTD: 0010 DASHER VTD: 0011 LAKE PARK VTD: 0012 FIRST CHRISTIAN CHURCH VTD: 0013 LOWNDES CIVIC CENTER AND FORREST PK CHURCH (Part)
Tract: 0105. Block(s): 101, 102, 129
Tract: 0106. Block(s): 301A, 301B, 302, 303A, 303B, 303C
Tract: 0107. Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 255, 256, 257, 258, 259, 260, 301, 302, 303, 304, 305, 306, 307, 308, 309, 311, 312, 313, 314, 315, 316, 317, 318, 322, 328, 329
Tract: 0108. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113B, 114, 131, 132, 133, 134, 201, 202A, 202B, 202C, 203, 401B, 434B, 436B
VTD: 0014 SOUTHSIDE FIRE DEPARTMENT VTD: 0016 REDLANDS BAPTIST CHURCH VTD: 0017 SHILOH FIRE STATION (Part)
Tract: 0102. Block(s): 342, 343, 344A, 344B, 344C, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370,

MONDAY, MARCH 22, 1993

1751

371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456 VTD: 0018 NEW COVENANT CHURCH (Part) Tract: 0101. Block(s): 269, 270, 271, 274A, 274B, 275, 277, 278, 279, 280, 281, 283, 284, 285, 289, 290, 291, 292, 293, 305E, 305F, 305G, 305H, 305J, 305K, 305M Tract: 0103. Block(s): 101, 102B, 102C, 103B, 104, 105, 201B, 201C, 201D, 201E, 201F, 201G, 210H, 201J, 201K, 201L, 201M, 203B, 204B, 206B, 206C, 206D, 206E, 206F, 206G, 219B, 220B, 221D, 221E, 222C, 222D, 222E, 241B, 241C, 241D, 242, 243, 244, 245, 246, 247, 248B, 253C, 254C, 256B, 257B, 257C, 257D Tract: 0104. Block(s): 101B, 102B, 103B, 117B, 122B, 122C, 123B, 124B, 125B, 125C, 131B, 132C, 133, 134B, 135B, 139B Tract: 0106. Block(s): 101B, 101C, 102C, 102D, 102E, 104, 105B, 105C, 106, 107, 108, 109B, 109C, 109D, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211B, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221A, 221B, 221D, 222, 223, 224, 225, 226, 227, 228 VTD: 0021 REMERTON CITY HALL VTD: 0022 EVANGEL CATHEDRAL TWIGGS COUNTY VTD: 0002 HAMMOCK VTD: 0006 PEARSON 1 VTD: 0008 SMITH VTD: 0011 PEARSON 2 (Part) Tract: 0601.98 Block(s): 389 Tract: 0602. Block(s): 501, 502, 505, 507, 509, 510, 515, 516, 518"
Section 2. Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is amended in Code Section 28-2-2, relating to apportionment of the Senate and qualifications of its members, by striking from subsection (a) the descriptions of Senate districts No. 21, 32, 33, 37, 42, 48, 53, 54, and 56 and inserting in their respective places new district descriptions to read as follows:
"District: 21
COBB COUNTY VTD: 0003 BELLS FERRY 1 VTD: 0004 BELLS FERRY 2 VTD: 0005 BELLS FERRY 3 VTD: 0023 ELIZABETH 2 (Part) Tract: 0305.01 Block(s): 205, 206, 207, 208, 209, 210, 301B, 302, 303, 304, 305, 306, 307B, 308B, 309, 310, 311, 409, 501, 502, 503, 504, 601B, 601C, 601D, 602K, 701B, 702, 703, 704, 705, 706, 707, 708, 709, 710C, 711B, 713, 714, 715, 716, 819 VTD: 0024 ELIZABETH 3 (Part) Tract: 0305.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112B, 112C, 113, 114C, 115, 116, 201C, 201D, 203, 204, 205, 206, 207, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410 Tract: 0305.03 Block(s): 301 VTD: 0025 ELIZABETH 4 (Part) Tract: 0305.03

1752

JOURNAL OF THE SENATE

Block(s): 302B, 302C, 302D, 303, 304, 305, 306, 307C, 308B, 309C, 309D, 310, 311, 312, 313, 314B, 315C, 318B, 401, 402B, 404, 405, 406B, 411B, 411C, 411D, 412B, 413B
VTD: 0026 ELIZABETH 5 and SEWELL MILL 1 (Part) Tract: 0303.15 Block(s): 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415 That part of Block 501 which lies west of a branch of Sewell Mill Creek extended to its intersection with Post Oak Tritt Road Block(s): 502, 503, 504, 509, 510, 511, 512, 513, 514, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 701, 702, 703, 704, 705, 706, 802, 803, 807, 808, 809, 810, 811, 812
VTD: 0033 FULLERS 1 AND FULLERS 2 (Part) Tract: 0304.01 Block(s): 907B, 908, 920B, 920C Tract: 0304.02 Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 216, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 601B, 602, 603, 604B, 605, 606, 608, 609, 611, 613, 614, 615B, 649, 650 Tract: 0304.05 Block(s): 205B, 301, 302, 303, 304, 401C, 401D, 401E, 402B, 403, 404, 405, 406B, 407C, 501, 502, 503, 504, 601B, 601C, 602B, 603C, 701B, 702, 703, 704B, 901, 902, 903, 904, 905
VTD: 0035 FULLERS 3 VTD: 0036 FULLERS 4 (Part)
Tract: 0304.05 Block(s): 407A, 407F
Tract: 0304.06 Block(s): 801C
VTD: 0038 GARRISON MILL VTD: 0039 CRITTERS 1 VTD: 0040 CRITTERS 2 VTD: 0041 CRITTERS 3 VTD: 0042 CRITTERS 4 VTD: 0043 CRITTERS 5 VTD: 0044 CRITTERS 6 VTD: 0045 CRITTERS 7 VTD: 0062 MARIETTA 6 (Part)
Tract: 0304.01 Block(s): 901A, 906A, 907A, 919A, 920A, 920D
Tract: 0304.02 Block(s): 601A, 604A, 615A
Tract: 0304.05 Block(s): 101, 102, 103, 104, 201, 202, 203A, 203B, 204, 205A, 401A, 402A, 601A, 602A, 603A, 603B, 701A, 704A, 801, 802, 803
Tract: 0305.02 Block(s): 112A, 114B
Tract: 0305.03 Block(s): 202A, 205A, 207, 302A, 307A, 307B, 308A, 309A, 309B, 315B, 316A, 316B, 317, 318A, 402A, 403, 406A, 407, 408, 409, 410, 411A, 412A, 413A, 414, 415, 416, 417, 418, 419A, 501A, 502A, 502B, 503A
VTD: 0063 MARIETTA 7 (Part) Tract: 0304.05 Block(s): 401B, 406A, 407B, 408, 410 Tract: 0304.06 Block(s): 801A
VTD: 0068 MT. BETHEL 2 (Part) Tract: 0303.17

MONDAY, MARCH 22, 1993

1753

Block(s): 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 701, 702, 703 VTD: 0079 PARKAIRE VTD: 0081 POST OAK 1 VTD: 0082 POST OAK 2 AND POST OAK 9 VTD: 0083 POST OAK 3 VTD: 0084 POST OAK 4 VTD: 0086 POST OAK 6 VTD: 0087 POST OAK 8 VTD: 0092 SEWELL MILL 2 VTD: 0093 SEWELL MILL 3 AND SEWELL MILL 4 (Part)
Tract: 0304.01 Block(s): 106, 117, 118, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 901B, 902, 903, 904, 905, 906B, 909, 910, 911, 912, 913, 914, 915, 916, 917, 918, 919B, 920E
Tract: 0304.02 Block(s): 122, 127
Tract: 0305.03 Block(s): 201, 202B, 203, 204, 205B, 205C, 206, 419B, 419C, 501B, 502C, 503B, 503C, 504, 505, 506, 507, 508
VTD: OOA3 SOPE CREEK 1 VTD: OOB3 CRITTERS 8 VTD: OOB4 CRITTERS 11 VTD: OOB5 CRITTERS 10 VTD: OOB7 CRITTERS 9"
"District: 32
COBB COUNTY VTD: 0009 BIRNEY 1 VTD: 0010 BISHOP LAKE VTD: 0011 CHATTAHOOCHEE 1 VTD: 0012 CHATTAHOOCHEE 2 VTD: 0014 CHESTNUT RIDGE VTD: 0016 DICKERSON VTD: 0017 DOBBINS 1 (Part) Tract: 0311.01 Block(s): 101B, 101C, 101D, 103, 104, 106B, 121B, 122B Tract: 0311.03 Block(s): 109B, 110A, HOD, HOE, HOP, 116B, 201B, 204B, 204C, 205C, 205D, 205E, 205F, 206, 207B, 207C, 210B, 211B, 212, 213, 214, 218B, 219, 220, 221B, 222B, 223B, 224B, 224C, 226C, 226D, 226E, 226F, 230B, 231B, 232B, 233B, 234, 235, 236, 237, 239, 301B, 302B, 303C, 303D, 304B, 310B Tract: 0311.07 Block(s): 205B Tract: 0311.08 Block(s): 102E, 102F, 102G, 103B, 106B, 107B, 201B, 204B, 204C, 204D, 205B, 215B, 411B, 411C VTD: 0019 DODGEN VTD: 0021 EASTSIDE VTD: 0026 ELIZABETH 5 AND SEWELL MILL 1 (Part) Tract: 0303.15 That part of Block 501 which lies east of a branch of Sewell Mill Creek extended to its intersection with Post Oak Tritt Road Block(s): 505, 506, 507, 508 VTD: 0036 FULLERS 4 (Part) Tract: 0304.05 Block(s): 407D, 407E, 407G, 409 Tract: 0304.06 Block(s): 801B

1754

JOURNAL OF THE SENATE

VTD: 0037 FULLERS 5 VTD: 0055 MABLETON 4 VTD: 0067 MT. BETHEL 1 VTD: 0068 MT. BETHEL 2 (Part)
Tract: 0303.17 Block(s): 501, 502, 503, 504, 505, 506, 507, 508
VTD: 0069 MT. BETHEL 3 VTD: 0071 NORTON PARK 1 (Part)
Tract: 0311.05 Block(s): 105B, 107B, 112, 116D, 116E, 116F, 116G, 117, 118, 124B, 126B, 126C, 127, 128B, 129, 130B, 130C, 132, 135C, 136B, 136C, 137B, 139B, 602, 603, 604, 615, 621, 623
Tract: 0311.06 Block(s): 409, 410
Tract: 0311.07 Block(s): 404, 405, 406, 407, 408, 411, 413, 414, 415, 419, 420, 422
VTD: 0072 NORTON PARK 2 VTD: 0073 OAKDALE 1 VTD: 0074 OAKDALE 2 VTD: 0076 OREGON 2 VTD: 0085 POST OAK 5 VTD: 0095 SMYRNA 1 VTD: 0096 SMYRNA 2 VTD: 0097 SMYRNA 3 VTD: 0098 SMYRNA 4 VTD: 0099 SMYRNA 5 VTD: OOA1 SMYRNA 6 VTD: OOA2 SMYRNA 7 VTD: OOA4 SOPE CREEK 2 VTD: OOA5 SOPE CREEK 3 VTD: OOA9 VININGS 1 VTD: OOB1 VININGS 2 VTD: OOB2 VININGS 3 VTD: OOC2 BIRNEY 2
District: 33
COBB COUNTY VTD: 0002 AUSTELL VTD: 0015 CLARKDALE VTD: 0017 DOBBINS 1 (Part) Tract: 0311.08 Block(s): 102A VTD: 0018 DOBBINS 2 (Part) Tract: 0303.21 Block(s): 302B, 303, 304, 305, 306, 307, 308, 309, 310, 311, 403B, 403C, 403D Tract: 0304.04 Block(s): 101E, 102B, 103B, 104, 105, 301B, 401C, 401D, 401E, 503B, 504, 601B, 603B Tract: 0304.06 Block(s): 101C, 101D, 101E, 101F, 101G, 102B, 301B, 301C, 401C, 401D, 401E, 401F, 501D Tract: 0305.03 Block(s): 208B Tract: 0308. Block(s): 208, 209C, 209D, 215B, 312B, 312C, 318B Tract: 0310.01 Block(s): 901, 902, 903, 904, 905, 906, 907A, 907B, 908B, 909A, 909B, 910C, 910E,

MONDAY, MARCH 22, 1993

1755

910F, 910G, 910H, 910J, 910K, 910L, 910M, 910N, 910P, 913, 914, 915A, 915B, 915C, 915D, 916, 917, 918, 919A, 919B, 920, 921, 922, 923, 924A, 924B, 924C, 925B, 925C Tract: 0311.08 Block(s): 102H, 102J, 202B, 209B, 301, 302, 303B, 305, 306, 307, 309, 310B, 311, 312, 313B, 313C, 314B, 316, 317, 318, 320B, 321B, 322, 401D, 401E, 403, 404A, 404B, 405A, 405C, 406, 407, 408, 409B, 411D VTD: 0022 ELIZABETH 1 (Part) Tract: 0305.01 Block(s): 901B, 902B, 902C, 903B, 904, 905C, 905D, 908B, 909 Tract: 0305.02 Block(s): 601C Tract: 0305.03 Block(s): 108B Tract: 0306. Block(s): 101B, 102B, 103B, 104B, 105, 106B, 106C, 107, 109B, 114, 115B, 115C, 118B, 118C, 119B, 119C, 120B, 121, 122B, 124B, 125B, 127B, 132B, 132C, 201B, 202, 203, 217, 308B, 325B, 405C, 419B, 420B, 421B, 422B, 423B, 424F, 424G, 424H, 424J, 424K, 424L, 424M, 425B, 425C, 501D, 501E, 601, 602, 603, 604, 605, 606C, 606D, 606E, 607B, 607C, 609, 701, 702, 703B, 704B, 705B, 706C, 707, 708B, 708C, 708D, 708E, 708F, 709, 710, 711B, 711C, 711D, 712, 713B VTD: 0023 ELIZABETH 2 (Part) Tract: 0305.01 Block(s): 602F, 602G, 602H, 602J, 602L, 603, 604D, 604E, 604F, 605C, 605D, 606C, 710B, 711C, 717B, 718B VTD: 0024 ELIZABETH 3 (Part) Tract: 0305.02 Block(s): 201B, 202C VTD: 0025 ELIZABETH 4 (Part) Tract: 0305.02 Block(s): 301, 302B, 303C, 303D, 303E, 304B, 305C, 305D, 305E, 306, 307, 308, 309, 310, 316B, 317B, 317C, 318B, 319 VTD: 0027 FAIR OAKS 1 VTD: 0028 FAIR OAKS 2 VTD: 0029 FAIR OAKS 3 VTD: 0030 FAIR OAKS 4 VTD: 0031 FAIR OAKS 5 VTD: 0032 FAIR OAKS 6 (Part) Tract: 0306. Block(s): 108B, 109C, HOC, 113B, 128B Tract: 0307. Block(s): 118C Tract: 0308. Block(s): 206B Tract: 0309.02 Block(s): 123A, 201, 202A, 203A, 204, 205, 206A, 207A, 209, 210, 211, 212, 213, 303, 304, 305, 306, 307, 402B, 402C, 402D, 701B, 701C Tract: 0309.03 Block(s): 202B Tract: 0310.02 Block(s): 101, 102, 209A, 210C, 213B, 213C, 224A VTD: 0036 FULLERS 4 (Part) Tract: 0304.06 Block(s): 601, 602C, 603, 701B, 702, 703 VTD: 0046 HOWELLS 1 (Part) Tract: 0313.02 Block(s): 111, 117

1756

JOURNAL OF THE SENATE

VTD: 0048 HOWELLS 3 VTD: 0052 MABLETON 1 VTD: 0053 MABLETON 2 VTD: 0054 MABLETON 3 VTD: 0056 MACLAND (Part)
Tract: 0315.01 Block(s): HOD, HOE, HOG
Tract: 0315.02 Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216B, 217, 218, 219, 220, 221, 222, 223, 224, 225, 401D, 402B, 801B, 801C
VTD: 0057 MARIETTA 1 VTD: 0058 MARIETTA 2A (Part)
Tract: 0309.02 Block(s): 402A, 403, 404, 405, 406, 407, 505, 506, 701A
VTD: 0059 MARIETTA 3 VTD: 0060 MARIETTA 4 (Part)
Tract: 0305.01 Block(s): 908A
Tract: 0305.02 Block(s): 602
Tract: 0306. Block(s): 101A, 102A, 103A, 104A, 106A, 108A, 109A, 110A, HOB, 111, 112, 113A, 115A, 116, 117, 118A, 119A, 120A, 122A, 123, 124A, 125A, 126, 127A, 128A, 132A, 201A, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 218, 220, 221, 225, 226, 318, 319, 320, 321, 322, 402, 404, 405A, 405B, 406, 407, 408, 409, 410, 419A, 420A, 421A, 422A, 423A, 424A, 424B, 424C, 424D, 424E, 425A, 426, 606A, 606B, 607A, 608, 703A, 704A, 705A, 706A, 708A, 708G
Tract: 0307. Block(s): 402, 403, 404, 405, 406, 407B, 412, 416, 417, 420, 421, 501, 503, 504, 505, 506, 507, 508, 509, 510, 518, 519
VTD: 0061 MARIETTA 5 (Part) Tract: 0305.01 Block(s): 301A, 307A, 308A, 601A, 601E, 602A, 602B, 602C, 602D, 602E, 604A, 604B, 604C, 605A, 605B, 606A, 606B, 701A, 710A, 711A, 712, 717A, 718A, 901A, 902A, 903A, 905A, 905B, 906, 907 Tract: 0305.02 Block(s): 114A, 201A, 201E, 202A, 202B, 302A, 303A, 303B, 304A, 305A, 311, 312, 313, 314, 315, 316A, 601A, 601B, 603, 604, 605, 606, 607A, 607B Tract: 0306. Block(s): 706B, 711A, 713A Tract: 0307. Block(s): 101, 102, 103, 104, 105, 108, 111, 112, 113, 114, 115, 116, 118A, 118B, 119, 120, 121, 122, 123, 312, 313, 316, 317, 502, 511, 512, 513, 514, 515, 516, 517, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, 715
VTD: 0062 MARIETTA 6 (Part) Tract: 0304.04 Block(s): 301A, 302 Tract: 0305.02 Block(s): 305B, 317A, 318A Tract: 0305.03 Block(s): 101, 102, 103, 104, 105, 106, 107, 108A, 109, 110, 111, 112, 208A, 209, 210, 211, 212, 213, 214, 215, 216, 314A, 315A, 601, 602, 603, 604 Tract: 0307. Block(s): 106, 107, 109, 201
VTD: 0063 MARIETTA 7 (Part) Tract: 0304.04

MONDAY, MARCH 22, 1993

1757

Block(s): 101C, 101D, 102A, 103A, 201, 202, 303, 401A, 401B, 402, 403, 404, 405, 501, 502, 503A, 601A, 602, 603A, 604, 701, 702, 703, 704, 801
Tract: 0304.06 Block(s): 602A, 602B, 602D, 701A
Tract: 0308. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 201, 202, 203, 204, 205, 806, 809
VTD: 0070 MT. HARMONY VTD: 0071 NORTON PARK 1 (Part)
Tract: 0311.05 Block(s): 601, 620, 624, 625
VTD: 0078 OREGON 4 VTD: 0080 PEBBLEBROOK VTD: 0089 POWDER SPRINGS (Part)
Tract: 0315.01 Block(s): 109A, 110A, HOB, HOC, 301, 302, 303A, 303B, 309A, 310A, 310B, 311A, 311B, 312A, 315A, 317, 701A, 702A, 703A
Tract: 0315.02 Block(s): 216A, 303A, 304, 305, 401A, 401B, 401C, 402A, 403A, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415A, 415B, 416, 417, 418, 419, 501, 502, 503, 504, 505A, 505B, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516A, 517, 518, 519A, 520, 521, 522, 523A, 525A, 526A, 526B, 602A, 603, 604, 605, 606, 607A, 608, 609A, 609B, 609C, 610B, 610C, 701A, 701B, 702A, 702B, 703A, 703B, 704, 705A, 705B, 707A, 801A, 810A, 906A, 907A, 908A, 909, 910A
VTD: OOA6 SWEETWATER 1 VTD: OOA7 SWEETWATER 2 VTD: OOA8 SWEETWATER 3 VTD: OOB9 MARIETTA 2B (Part)
Tract: 0310.02 Block(s): 209B"
"District: 37
CHEROKEE COUNTY VTD: 0002 BELLS VTD: 0016 WOODSTOCK
COBB COUNTY VTD: 0001 ACWORTH VTD: 0006 BIG SHANTY 1 VTD: 0007 BIG SHANTY 2 VTD: 0008 BIG SHANTY 3 VTD: 0013 CHEATHAM HILL 1 VTD: 0020 DUE WEST VTD: 0022 ELIZABETH 1 (Part) Tract: 0306. Block(s): 308C, 417B, 501A, 501C, 502B, 506B, 901C, 901D, 902B, 902C, 902D, 902E 917E VTD: 0032 FAIR OAKS 6 (Part) Tract: 0309.03 Block(s): 101D, 102, 201B, 202C, 202D Tract: 0310.02 Block(s): 213D VTD: 0049 KENNESAW 1 VTD: 0050 KENNESAW 2 VTD: 0051 LOST MOUNTAIN VTD: 0056 MACLAND (Part) Tract: 0315.01 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109B, 110F, 111, 112, 201, 202,

1758

JOURNAL OF THE SENATE

203, 204, 205, 206, 207, 208, 209, 210, 211B, 212B, 213B, 213C, 213D, 214A, 214B, 215A, 215B, 216A, 216B, 217B, 218B Tract: 0315.02 Block(s): 301B, 301C, 301D, 302B, 303B, 403B, 901, 902, 903, 904, 905, 906B, 907B, 908B, 908C, 910B VTD: 0058 MARIETTA 2A (Part) Tract: 0309.01 Block(s): 101A, 201, 202, 203, 204, 205, 206, 207, 401A, 402, 403, 501A, 601A, 601B, 601C, 601D, 602, 603A, 604A, 701A, 702, 703A Tract: 0309.02 Block(s): 408, 409, 410, 411, 702 VTD: 0060 MARIETTA 4 (Part) Tract: 0302.07 Block(s): 108A, 113B, 113C, 113D, 114A, 115A, 115B, 801A, 802A, 823A Tract: 0306. Block(s): 411, 412, 413, 414, 415, 416, 417A, 418, 501B, 502A, 503, 504, 505, 506A, 901A, 901B, 902A, 903, 904, 905, 917A, 917B, 917C, 917D, 919 Tract: 0309.01 Block(s): 301A, 302, 303, 304 VTD: 0064 MARS HILL 1 VTD: 0065 MARS HILL 2 VTD: 0066 MARS HILL 3 VTD: 0075 OREGON 1 VTD: 0077 OREGON 3 (Part) Tract: 0309.01 Block(s): 101B, 301B, 301C, 401B, 401C, 501B, 502, 503, 601E, 601F, 601G, 601H, 601J, 601K, 601L, 601M, 603B, 604B, 701B, 701C, 701D, 703B Tract: 0309.03 Block(s): 302B, 302C, 302D, 302E, 302F, 305, 306, 401B, 401C, 401D, 403, 404, 405, 406, 407, 501B, 501C, 501D, 502, 503, 504, 505, 506, 507, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613 Tract: 0310.02 Block(s): 211, 212, 224C, 225B, 226, 227, 228 VTD: 0089 POWDER SPRINGS (Part) Tract: 0315.01 Block(s): 211A, 212A, 213A, 217A, 217C, 218A Tract: 0315.02 Block(s): 301A, 302A, 302C VTD: 0090 RED ROCK VTD: OOB6 KEMP VTD: OOB8 CHEATHAM HILL 2 VTD: OOB9 MARIETTA 2B (Part) Tract: 0309.03 Block(s): 101A, 101B, 101C, 201A, 202A, 203, 204, 301, 302A, 303, 304, 401A, 402, 501A Tract: 0310.02 Block(s): 210A, 210B, 213A, 223, 224B, 225A VTD: OOC1 OREGON 5"
"District: 42
DEKALB COUNTY VTD: 0003 ASHFORD PARK VTD: 0008 BRIAR VISTA VTD: 0009 BRIARCLIFF NORTH VTD: 0010 BRIARCLIFF SOUTH VTD: 0012 BRIARWOOD VTD: 0013 BROCKETT (Part)

MONDAY, MARCH 22, 1993

1759

Tract: 0218.10 Block(s): 302, 303
VTD: 0014 CALLANWOLDE VTD: 0020 CHAMBLEE NORTH VTD: 0021 CHAMBLEE SOUTH VTD: 0024 CLAIREMONT VTD: 0025 CLAIRMONT HILLS VTD: 0028 CORALWOOD VTD: 0030 CROSS KEYS VTD: 0032 DORAVILLE NORTH VTD: 0033 DORAVILLE SOUTH VTD: 0034 DRESDEN VTD: 0035 DRUID HILLS AND MARY LIN VTD: 0041 EMORY VTD: 0042 EPWORTH VTD: 0045 FERNBANK VTD: 0048 GLENNWOOD VTD: 0061 JOHNSON ESTATES VTD: 0068 LAUREL RIDGE VTD: 0074 MARGARET HARRIS VTD: 0079 MEDLOCK VTD: 0086 MONTCLAIR VTD: 0087 MONTREAL (Part)
Tract: 0217.04 Block(s): 901, 902, 912, 913, 914, 915
Tract: 0220.01 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109A, 109B, 109C, 111, 112, 113, 114, 115, 116, 117, 118, 415A, 421, 422, 423
VTD: 0092 NORTHLAKE VTD: 0093 NORTHWOODS VTD: 0094 OAK GROVE VTD: 0095 OAKCLIFF VTD: OOAK REHOBOTH VTD: OOAR SAGAMORE VTD: OOAU SCOTT VTD: OOAY SILVER LAKE (Part)
Tract: 0211. Block(s): 110, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 221, 222, 223, 224, 301
VTD: OOBA SKYLAND VTD: OOBW WESLEY WOODS VTD: OOBX WESTCHESTER"
"District: 48
FORSYTH COUNTY VTD: 0001 BIG CREEK VTD: 0002 BRANDYWINE VTD: 0007 CUMMINGS VTD: 0008 MASHBURN VTD: 0010 MIDWAY
FULTON COUNTY VTD: OOPS NC05 (Part) Tract: 0116.03 Block(s): 105, 106, 107, 301, 302, 303, 304, 305, 306, 307, 308, 312, 313, 314, 315, 316
GWINNETT COUNTY VTD: 0001 1295A

1760

JOURNAL OF THE SENATE

VTD: 0017 1564 VTD: 0018 1263A VTD: 0019 1263B VTD: 0020 1749 VTD: 0024 404A VTD: 0025 478 VTD: 0026 444A VTD: 0027 444B VTD: 0028 407A VTD: 0030 407C VTD: 0044 1397 VTD: 0046 1587 VTD: 0047 550A VTD: 0048 550B VTD: 0049 1604 VTD: 0052 1263C (Part)
Tract: 0502.03 Block(s): 101A, 101B, 102, 103, 104, 105, 106, 107A, 107B, 107C, 107D, 107E, 108A, 108B, 109A, 109B, 110, 111A, 111B, 112, 113, 114, 115, 116, 117A, 117B, 118, 119, 301, 302A, 302B, 302C, 302D, 303A, 304, 307, 308, 309, 310, 311, 312, 313, 314, 317, 318, 330, 331
VTD: 0053 1263D VTD: 0055 407D VTD: 0062 550C VTD: 0063 550D VTD: 0067 404B VTD: 0068 407F VTD: 0074 404C"
"District: 53
DADE COUNTY WALKER COUNTY CHATTOOGA COUNTY WHITFIELD COUNTY
VTD: 0007 ANTIOCH VTD: 0008 CARBONDALE VTD: 0010 DUG GAP VTD: 0012 FINCHER VTD: 0015 MILL CREEK AND WESTSIDE (Part)
Tract: 0007. Block(s): 109, 110, 111, 112, 113, 114, 230, 231, 232, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 321, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419
Tract: 0008. Block(s): 120A, 120C, 120D, 121B, 121C, 123D, 148, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 301 That part of Block 302B which lies outside the corporate limits of Dalton Block(s): 302C, 302D, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 413, 414, 415, 417, 474, 475, 476, 477, 478
VTD: 0018 TILTON VTD: 0019 TRICHUM
District: 54
CATOOSA COUNTY

MONDAY, MARCH 22, 1993

1761

MURRAY COUNTY WHITFIELD COUNTY
VTD: 0001 1A
VTD: 0002 2A VTD: 0003 3A
VTD: 0004 4A VTD: 0005 5A VTD: 0006 6A
VTD: 0009 COHUTTA VTD: 0011 EASTSIDE VTD: 0013 GROVELEVEL VTD: 0014 LOWER TENTH VTD: 0015 MILL CREEK AND WESTSIDE (Part)
Tract: 0008. Block(s): 120B, 121A, 122, 123A, 123B, 123C, 302A That part of Block 302B which lies within the corporate limits of Dalton
VTD: 0016 NINTH VTD: 0017 PLEASANT GROVE VTD: 0020 TUNNEL HILL VTD: 0021 UPPER TENTH VTD: 0022 VARNELL"
"District: 56
CHEROKEE COUNTY VTD: 0010 LICK SKILLET VTD: 0015 WILDCAT (Part) Tract: 0908. Block(s): 702, 703, 704, 705
FULTON COUNTY VTD: OOK5 AP01 VTD: OON7 MP01 VTD: OON8 NC01 VTD: OON9 NC02 VTD: OOP1 NCOS VTD: OOP2 NC04 VTD: OOP3 NC05 (Part) Tract: 0114.08 Block(s): 801 Tract: 0114.09 Block(s): 101, 102, 103, 401, 402, 403, 404, 405 Tract: 0116.03 Block(s): 309, 310, 311, 801, 802, 803, 804, 805, 806, 807, 808, 809, 810, 901, 904, 905, 906, 907, 908, 909, 910, 911, 912, 913 VTD: OOP5 NC07 (Part) Tract: 0114.08 Block(s): 201C, 206B, 208B VTD: OOP6 NCOS VTD: OOP7 NC09 VTD: OOR2 RW01 VTD: OOR3 RW02 VTD: OOR7 RW05 VTD: OOR8 RW06 VTD: OOR9 RW07 VTD: OOW5 SS18 VTD: OOW6 SS19 VTD: OOW9 SS22 VTD: 00X3 AP02

1762

JOURNAL OF THE SENATE

VTD: OOY2 RW09 GWINNETT COUNTY
VTD: 0036 406C VTD: 0040 406G VTD: 0041 406H VTD: 0052 1263C (Part)
Tract: 0502.03 Block(s): 303B, 305, 306
VTD: 0058 406L VTD: 0059 406M"
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to: (1) all elections held on and after its effective date for members of the United States House of Representatives from Georgia; and (2) all elections held on or after its effective date for members of the Georgia Senate.
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 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 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

Those not voting were Senators:

Garner

Taylor

Walker

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

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

MONDAY, MARCH 22, 1993

1763

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 1123. By Representatives Johnson of the 148th, Johnson of the 153rd, Mueller of the 152nd, Dixon of the 150th and Bordeaux of the 151st:
A bill to amend an Act to dissolve the Savannah-Chatham County Anti-Drug Commission; to repeal the Savannah-Chatham County Anti-Drug Commission Act.

HB 1124. 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.

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.

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

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 than five years, or for life but only upon having re ceived notice, in writing, that the state intends to seek life imprisonment.
Senate Sponsor: Senator Taylor of the 12th.

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

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

Those voting in the affirmative were Senators:

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

Crotts Dawkins Day Dean Edge Egan Farrow Glanton Hemmer Henson ' Hill

Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton Newbill Oliver

1764

JOURNAL OF THE SENATE

Parrish Perdue Pollard Ragan of llth Ragan of 32nd
Ralston

Ray Robinson g
slotin Starr

Taylor Thomas Thompson
v Turner
Tysinger

Those not voting were Senators:

Abernathy Cheeks Garner

Gillis Gochenour

Harbison Walker

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

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

HB 360. By 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.
Senate Sponsor: Senator Gillis of the 20th.

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

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

Those voting in the affirmative were Senators:

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

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

Oliver Parrish Perdue Pollard Ragan of llth R of 32nd Rafston P c ,loytm. tarr
Iaylor Thomas Thompson Turner
Tysinger Walker

Those not voting were Senators:

Abernathy Balfour

Garner Henson

Robinson Scott

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

MONDAY, MARCH 22, 1993

1765

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

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.
Senate Sponsor: Senator Gillis of the 20th.

The following Memorandum, as required by law, was read by the Secretary:

DEPARTMENT OF AUDITS 254 Washington Street, S.W.
Room 214 Atlanta, Georgia 30334-8400

MEMORANDUM

TO:

The Honorable Bill Dover, Chairman

House Ways and Means Committee

FROM:

Claude L. Vickers, State Auditor Henry M. Huckaby, Director, Office of Planning and Budget

DATE:

February 26, 1993

SUBJECT: Fiscal Note--House Bill 786 (LC 18 5603) Sales and Use Tax--Exempt Certain Agricultural Sales

This bill would provide an exemption for certain sales of fruits, nuts, vegetables, Vidalia onions, or truck crops from state sales and use taxation. Sales of the listed commodities by the producer, or producer's agent, to the ultimate consumer would not be subject to state sales or use tax.

The amount of revenue which would be lost under provisions of this bill cannot be determined since sales taxes remitted by agricultural product producers are normally sub mitted along with other retailers' returns and it is not possible to segregate information on these sellers through sales tax records in the Department of Revenue. Determining the fiscal impact of this bill would require a detailed survey of the sales tax liabilities for producers of fruits, nuts, vegetables, Vidalia onions, and truck crops.

/a/ Claude L. Vickers State Auditor

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

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

Amend HB 786 by striking "or an agent or" and inserting in its place "or an" on line 14 of page 1.

On the adoption of the amendment offered by the Senate Committee on Finance and Public Utilities, the yeas were 44, nays 0, and the amendment was adopted.

1766

JOURNAL OF THE SENATE

Senators Clay of the 37th, Edge of the 28th and Isakson of the 21st offered the follow ing amendment:

Amend HB 786 as follows:

On page 1, line 10, after "(39)" add:

"and (40)"; and

On page 1, line 17, add:

"(40) Sales by any public or private school containing any combination of grades kin dergarten through 12 of concessions or of tickets for admission to a school athletic, band, choral, or theatrical event, provided that the net proceeds from such sales are used solely for the benefit of such public or private school or its students;".

On the adoption of the amendment offered by Senators Clay of the 37th, Edge of the 28th and Isakson of the 21st, the yeas were 35, nays 13, and the amendment was adopted.

Senators Walker of the 22nd and Cheeks of the 23rd offered the following amendment: Amend HB 786 by adding a new Section 3, line 17, to read:

"Section 3. The sale of electricity for Chlor-Alkali Manufacturing Processes when made to any purchaser for purposes other than resale shall constitute a retail sale."

On the adoption of the amendment offered by Senators Walker of the 22nd and Cheeks of the 23rd, the yeas were 33, nays 11, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour
Baugh Blitch Boshears
Bowen r ,,, L Broun of 46th BDBCrhuoerwte.oknns of 26th QJ Coleman C rotts Dawkins Day Dean Edge Farrow

Garner Gillis Glanton
Gochenour Harbison Hemmer
Henson TT-II ,,HuHouogkg, sins Isakson KemP Langford of 35th Langford of 29th Madden Marable Middleton Newbill

Oliver Parrish Perdue
Pollard Ragan of llth Ragan of 32nd
Ralston R ,,RSo coob^t.itnson Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Voting in the negative was Senator Egan.

On the passage of the bill, the yeas were 55, nays 1.

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

MONDAY, MARCH 22, 1993

1767

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

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.

Senator Scott of the 36th moved that the Senate adhere to the Senate substitute to HB 300, 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 300.

The President appointed as a Conference Committee on the part of the Senate the following:
Senators Scott of the 36th, Henson of the 55th and Clay of the 37th.

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

SR 292. By Senators Abernathy of the 38th, Dawkins of the 45th, Ralston of the 51st and Alien of the 2nd:
A resolution creating the Senate Sunshine in Litigation Study Committee.

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

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts 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 Parrish Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Walker

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Those not voting were Senators:

Dawkins Egan

Oliver Perdue

Tysinger

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

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

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

Mr. President:

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

SB 316. By Senators Marable of the 52nd, Newbill of the 56th, Scott of the 36th and others:
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 following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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.
The House substitute to SB 26 was as follows:
A BILL
To be entitled an Act to amend Title 49 of the Official Code of Georgia Annotated, relating to social services, so as to provide for the children of Georgia; to provide for aid to children and families with dependent children and change the provisions relating thereto; to provide for special needs children; to require that certain unmarried minors who are appli cants or recipients of assistance under Article 5 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to aid to families with dependent children, must live in a place with certain types of adult supervision; to provide for the availability of employment services to applicants for Aid to Families with Dependent Children assistance and food stamps; to require certain able-bodied individuals to accept certain employment in order to receive Aid to Families with Dependent Children assistance; to provide for exceptions; to provide certain provisions relative to the birth of children to recipients of certain public assistance or to persons during a period of ineligibility for such benefits; to change the pro visions of Code Section 49-5-8 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Human Resources, relating to payments to licensed childplacing agencies placing children with special needs; to revise the maximum amount of such payments; to repeal certain provisions relating to payments; to provide that the board of human resources shall define the special needs child; to provide for other matters relating thereto; to provide for a report; to provide for severability; to provide for federal approval; to provide for effective dates and implementation; to provide for repeals; to repeal conflict ing laws; and for other purposes.

MONDAY, MARCH 22, 1993

1769

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended by adding at the end of Article 5 of Chapter 4 of said title, relating to aid to families with dependent children, a new Code section to read as follows:
"49-4-111. To ensure that employment and job-finding assistance are being adequately provided to applicants for and recipients of Aid to Families with Dependent Children assis tance and food stamps, the Georgia Department of Labor shall periodically station appro priate staff in each county office which distributes Aid to Families with Dependent Children assistance or food stamps. The Commissioner of Labor and the commissioner of the Depart ment of Human Resources shall enter into written agreements regarding the provision of such employment services to applicants for and recipients of Aid to Families with Depen dent Children assistance and food stamps."
Section 2. Said title is further amended by adding at the end of Article 5 of Chapter 4 the following Code sections:
"49-4-112. (a) Except as provided in subsection (b) of this Code section, if a person applying for assistance under this article is under 18 years of age, has never married, and is either pregnant or has a dependent child in the applicant's care, the applicant is not eligible for such assistance if:
(1) The applicant and the applicant's dependent child or children do not live in a place maintained by the applicant's parent, legal guardian, or other adult relative as such par ent's, legal guardian's, or other adult relative's own home or do not live in a foster home, maternity home, or other supportive living arrangement supervised by an adult; and
(2) The department determines after investigation that the physical or emotional health or safety of the person applying for assistance or the dependent child or children would not be jeopardized if the applicant and the dependent child or children were required to live in one of the situations described in paragraph (1) of this subsection.
(b) Subsection (a) of this Code section does not apply if:
(1) The person applying for assistance has no parent or legal guardian whose wherea bouts are known;
(2) No parent or legal guardian of the person applying for assistance allows the person to live in the home of that parent or legal guardian;
(3) The person applying for assistance lived apart from that person's parent or legal guardian for at least one year before the birth of any dependent child or before the person applied for assistance; or
(4) The department otherwise determines that there is good cause not to apply subsec tion (a) of this Code section.
49-4-113. (a) For the purpose of this Code section, the term 'able-bodied individual' means all individuals between 18 years of age and 60 years of age, except for those individuals:
(1) Who are medically certified by a licensed physician as incapacitated;
(2) Whose presence in the home is required because of the illness or incapacity of an other member of the household; or
(3) Who are mothers or other relatives caring for a child under 14 years of age.
(b) (1) An able-bodied individual who has refused any offer of full-time employment which pays at or above the federal minimum wage or who terminates such employment shall be excluded from any grant of money payments under this article for a period of 90 days.
(2) An able-bodied individual who has been excluded from any grant of money payment pursuant to paragraph (1) of this subsection and who subsequently refuses any offer of fulltime employment which pays at or above the federal minimum wage or who terminates such

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employment shall be excluded from any grant of money payments under this article for a period of six months from the date of the latest such refusal or termination.
(c) This Code section shall not apply to offers of employment or to termination of em ployment when:
(1) The individual is either physically or mentally incapable of performing the particu lar requirements of the employment;
(2) The working conditions or hours present a risk to the health and safety of the indi vidual or the individual's children;
(3) The individual has no means of public or private transportation to the job site and its distance from the individual's residence precludes walking to work;
(4) The individual is a participant in the Positive Employment and Community Help Program; provided, however, that nothing in this Code section shall prohibit a person from being enrolled in such program after accepting an offer of employment under this Code section;
(5) The job does not offer health care benefits for the individual or the individual's medicaid benefits will cease within 12 months or such later time as may be extended by the state as a result of the employment;
(6) The individual is enrolled in school on a full-time basis; or
(7) The department otherwise determines that there is good cause not to apply subsec tion (b) of this Code section.
49-4-114. All applicants for Aid to Families with Dependent Children benefits who have had their first child within one year of first applying for benefits shall be provided by the department with instruction in family planning and parenting skills. Such training shall be provided by the department or by any available alternative program approved by the de partment and selected by the applicant.
49-4-115. The schedule of benefits to be paid to a recipient family under this article shall eliminate the increment in benefits under the program for which that family would otherwise be eligible as a result of the birth of a child during the period in which the family is eligible for Aid to Families with Dependent Children benefits or during a temporary pe riod in which the family or recipient is ineligible for Aid to Families with Dependent Chil dren benefits pursuant to a penalty imposed by the commissioner for failure to comply with benefit eligibility requirements, subsequent to which the family or recipient is again eligible for benefits. The recipient family in which the recipient parent gives birth to an additional child during the recipient's period of eligibility for Aid to Families with Dependent Children benefits, or during a temporary penalty period of ineligibility for benefits, may not receive additional benefits, except in the case of a general increase in the amount of Aid to Families with Dependent Children benefits which is provided to all program recipients. This provi sion shall only apply to recipient families who have been in receipt of cash benefits under this article for a period of 24 consecutive months and who have had three or more children."
Section 3. Said title is further amended by striking subsection (a) of Code Section 49-58 of the Official Code of Georgia Annotated, relating to powers and duties of the Depart ment of Human Resources, 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

MONDAY, MARCH 22, 1993

1771

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 or 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;
(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

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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
(G) Providing payment to a licensed child-placing agency which places auch 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 auch child would otherwise remain in foster care at atatc expense. Pay ment may only be granted for a special nccda child a3 defined in the rulca 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 4. It shall be the duty of the commissioner of human resources to submit Sec tion 2 of this Act to the Secretary of Health and Human Services for approval pursuant to

MONDAY, MARCH 22, 1993

1773

the federal Social Security Act, 42 U.S.C. Section 602, as amended. If such approval is not granted prior to January 1, 1994, then as of such date Section 2 of this Act shall be void and shall stand repealed in its entirety.
Section 5. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no man ner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 6. Unless repealed as provided by Section 4, Section 2 of this Act shall become effective January 1, 1994, or when the commissioner of human resources has certified to the Governor that the Positive Employment and Community Help Program is available in every county of this state whichever occurs last. Section 3 of this Act shall become effective on July 1, 1993. The remaining sections of this Act shall become effective upon signature of the Governor or upon becoming law without the Governor's signature.
Section 7. Prior to the 1995 regular session of the General Assembly, the Department of Human Resources shall report to the Governor and General Assembly the impact of Sec tions 1 and 2 of this Act on the number of recipients receiving Aid to Families with Depen dent Children benefits.
Section 8. All laws and parts of laws in conflict with this Act are repealed.
Senator Thomas of the 10th moved that the Senate agree to the House substitute to SB 26.
Senator Garner of the 30th moved that the Senate agree to the House substitute to SB 26 as amended by the following amendment offered by Senators Garner of the 30th, Robin son of the 16th, Taylor of the 12th and Brown of the 26th:
Amend the House substitute to SB 26 by adding after the word "To" on line 1 of page 1 the following:
"state legislative findings and intent; to",
by adding between lines 3 and 4 of page 2 the following:
"PART I
Section 1. The General Assembly estimates that up to $6 million will be saved on an annual basis when the provisions of Code Sections 49-4-112, 49-4-113, and 49-4-115 are fully implemented for complete fiscal years. It is the intent of the General Assembly that such cost savings realized by the implementation of these three Code sections be redirected into the Aid to Families with Dependent Children program in the following priorities:
(1) Extension of transitional Medicaid for up to 24 months provided a federal waiver is obtained;
(2) Expansion of PEACH program slots; and
(3) Child care assistance for low-income working families.
PART II".
By striking all matter on lines 15 and 16 of page 6 and inserting in lieu thereof the following:
"this article for a period of one or more calendar months within ten consecutive calen dar months immediately preceding the birth of an additional child or have been in a tempo rary penalty period of ineligibility for a period of one or more calendar months within ten

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JOURNAL OF THE SENATE

consecutive calendar months immediately preceding the birth of an additional child. Noth ing in this Code section shall be construed to disqualify a recipient family from an incre mental increase in benefits in cases in which the birth of a child is the result of a verifiable rape or incest.'"

On the motion offered by Senator Garner of the 30th, which takes precedence, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Balfour
Baugh Blitch Bowen Broun of 46th Brown of 26th "rtn CQJheeks Coleman Crotts Dawkins Dean Edge Egan Farrow

Garner Gillis
Glanton Gochenour Harbison Hemmer Henson Hill H,,ook, s Hu&Sins Isakson KemP Langford of 29th Madden Marable Middleton

Newbill Perdue
Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson S,, cott Starr Taylor Thomas Thompson Turner Tysinger Walker

Those voting in the negative were Senators:

Boshears Oliver

Parrish

Slotin

Those not voting were Senators:

Abernathy

Day

Langford of 35th

On the motion, the yeas were 49, nays 4; the motion prevailed, and the Senate agreed to the House substitute to SB 26 as amended by the Senate.

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

HB 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.
Senate Sponsor: Senator Thompson of the 33rd.

The Senate Committee on Urban and County Affairs offered the following amendment:

Amend HB 753 by striking line 20 of page 15 and inserting in lieu thereof the following:
"activities of the regional development center. The board shall conduct an annual per formance review of the executive director of the regional development center measured by standards developed by the board.' "

MONDAY, MARCH 22, 1993

1775

By striking line 6 on page 23 and inserting in lieu thereof the following:
"purposes of executing loan transactions. Nor shall this Code section preclude a center and any nonprofit corporation that it creates or controls from entering into a contract with the other for the provision of staff services. In addition,".

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:

Abernathy Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts 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 Scott Slotin Thompson Turner Tysinger

Voting in the negative was Senator Kemp.

Those not voting were Senators:

Dawkins Day Garner

Robinson Starr Taylor

Thomas Walker

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

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

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

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.

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JOURNAL OF THE SENATE

The House substitute to SB 231 was as follows:

A BILL
To be entitled an Act 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 con taining the notice as a promotion and that the odds of winning must be stated conspicu ously; to provide that violations of Code Section 40-5-83, relating to driver improvement clinics, shall be unfair or deceptive practices in consumer transactions; to provide for confi dentiality for persons complaining about unfair and deceptive acts or practices; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in consumer transactions, is amended in subsection (b) by striking the word "or" at the end of paragraph (25), by striking the period at the end of paragraph (26) and inserting in lieu thereof the symbol ";", and by adding at the end of said subsection new paragraphs (27) and (28) to read as follows:
"(27) Mailing any notice, notification, or similar statement to any consumer regarding winning or receiving any prize, award, or other item, and the envelope or other enclosure for the notice fails to conspicuously identify on its face that the contents of the envelope or other enclosure is a commercial solicitation and, if there is an element of chance in winning a prize, award, or other item, the odds of winning as 'odds'; or
(28) Any violation of the rules and regulations promulgated by the Department of Human Resources pursuant to subsection (e) of Code Section 40-5-83 which relates to the consumer transactions and business practices of DUI Alcohol or Drug Use Risk Reduction Programs, except that the Department of Human Resources shall retain primary jurisdic tion over such complaints."
Section 2. Said Code section is further amended by adding at the end thereof a new subsection (d) to read as follows:
"(d) Notwithstanding any other provision of the law to the contrary, the names, ad dresses, telephone numbers, social security numbers, or any other information which could reasonably serve to identify any person making a complaint about unfair or deceptive acts or practices, shall be confidential. However, the complaining party may consent to public release of his or her identity by giving such consent expressly, affirmatively, and directly to the administrator or administrator's employees. Nothing contained in this subsection shall be construed to prevent the subject of the complaint, or any other person to whom disclos ure to the complainant's identity may aid in resolution of the complaint, from being in formed of the identity of the complainant, to prohibit any valid discovery under the rele vant discovery rules, or to prohibit the lawful subpoena of such information."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Cheeks of the 23rd moved that the Senate agree to the House substitute to SB 231.

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 Coleman

MONDAY, MARCH 22, 1993

1777

Crotts Dawkins Day Dean Egan Garner Gillis Glanton Gochenour Harbison Hemmer Henson

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

Those voting in the negative were Senators:

Perdue Pollard Ragan of llth Ragan of 32nd Ray Robinson Scott Slotin Starr Thompson Turner Walker

Clay

Farrow

Ralston

Edge

Newbill

Tysinger

Not voting were Senators Taylor and Thomas.

On the motion, the yeas were 48, nays 6; the motion prevailed, and the Senate agreed to the House substitute to SB 231.

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

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 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.

Senator Balfour of the 9th moved that the Senate insist upon the Senate substitute to HB 472.

On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 472.
The following bill of the Senate was taken up for the purpose of considering the House amendments thereto:

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.

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JOURNAL OF THE SENATE

The House amendments were as follows: Amendment No. 1:
Amend SB 137 by inserting on line 30 of page 9 between the word "Compensation" and the comma the following:
", including those registered as of July 1, 1992".
Amendment No. 2:
Amend SB 137 as follows: On page 1, lines 12 and 13, strike "to provide an effective date;" and On page 9, line 31, strike "designated principle" and insert on page 9, line 32, between "supplier" and "and" the following: "for workers compensation claimants" and On page 17 strike Section 9 in its entirety and renumber Section 10 as Section 9.
Senator Henson of the 55th moved that the Senate agree to the House amendments to SB 137.
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 Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable

Voting in the negative was Senator Glanton.

Those not voting were Senators:

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

Langford of 35th Taylor

Thomas

Tysinger

On the motion, the yeas were 51, nays 1; the motion prevailed, and the Senate agreed to the House amendments to SB 137.

Senator Ragan of the 32nd introduced the doctor of the day, Dr. Al Colquitt, of Mari etta, Georgia.

MONDAY, MARCH 22, 1993

1779

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

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 House substitute to SB 61 was as follows:

A BILL
To be entitled an Act 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; 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 43-9-16 of the Official Code of Georgia Annotated, relating to the scope of practice of chiropractors, is amended by striking subsection (b) of said Code section in its entirety and inserting in lieu thereof the following:
"(b) The chiropractic adjustment of the articulations of the human body may include manual adjustments and adjustments by means of electrical and mechanical devices which produce traction or vibration. Chiropractors who have complied with this chapter may also use in conjunction with adjustments of the spinal structures electrical therapeutic modali ties which induce heat or electrical current beneath the skin, including therapeutic ultra sound, galvanism, microwave, diathermy, and electromuscular stimulation. Chiropractors who have complied with this chapter may utilize and recommend hot and cold packs and nonprescription, over the counter structural supports for the articulations of the human body which are commonly available through retail pharmacy outlets; provided, however, the same shall not be construed to allow chiropractors to treat patients outside the scope of practice of chiropractic as set forth in this chapter."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Dawkins of the 45th moved that the Senate agree to the House substitute to SB 61.

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 Coleman Crotts Dawkins

Day Dean Edge Egan Farrow Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill Kemp

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

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Robinson Scott Slotin

Starr Thompson

Turner Tysinger

Those not voting were Senators:

Clay Hooks Huggins

Isakson Taylor

Thomas Walker

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 61.

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

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.

Senator Garner of the 30th moved that the Senate insist upon the Senate substitute to HB 750.

On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 750.

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

HB 1123. By Representatives Johnson of the 148th, Johnson of the 153rd, Mueller of the 152nd and others:
A bill to amend an Act to dissolve the Savannah-Chatham County Anti-Drug Commission; to repeal the Savannah-Chatham County Anti-Drug Commission Act.
Referred to Committee on Urban and County Affairs.

HB 1124. 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. Referred to Committee on Urban and County Affairs.

The President announced that the Senate would stand in recess from 12:32 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 resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption:

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.

MONDAY, MARCH 22, 1993

1781

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:

Baugh Blitch Boshears Broun of 46th Burton Cheeks Clay Coleman Day Dean Edge Egan Farrow

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

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

Those not voting were Senators:

Abernathy Alien BBoalwfoeunr
Brown of 26th Crotts

Dawkins Garner HIsialkl son
Kemp Langford of 35th

Parrish Rav c!s.lo.t.m
Thomas Walker

On the adoption of the resolution, the yeas were 39, nays 0.

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

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

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.
Senate Sponsor: Senator Perdue of the 18th.

The Senate Committee on Finance and Public Utilities offered the following substitute to HB 66:

A BILL
To be entitled an Act to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to change certain provisions relating to bona fide conservation use property; to change certain ownership requirements; to require the submission of additional records under certain circumstances; to prohibit cer tain denials of current use assessment; to provide for additional qualifications; to change

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certain methods of capitalization; to provide for crop-reporting districts; to change the lim its on certain value increases or decreases and provide for certain additional limits; to pro vide for notice of certain assessment options; to change certain provisions regarding reports of the state revenue commissioner; to provide for a one-time termination option without a penalty; to revise and change certain provisions regarding the publication by counties of a report of certain ad valorem tax information; to provide for applicability to additional tax ing jurisdictions; to provide for additional contents and recipients of such report; to repeal certain provisions relating to the advertisement of intent to increase property tax; to pro vide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended by striking division (a) (1) (C) (iv) of Code Section 48-5-7.4, relating to bona fide conservation use property, and inserting in its place a new division (a) (1) (C) (iv) to read as follows:
"(iv) A family owned farm corporation, the controlling interest of which is owned by one or more natural or naturalized citizens related to each other within the fourth degree of civil reckoning, an estate of which the devisees or heirs are one or more natural or natural ized citizens, or a trust of which the beneficiaries are one or more natural or naturalized citizens and which family farm corporation derived 80 percent or more of its gross income from bona fide conservation uses within this state within the year immediately preceding the year in which eligibility is sought and which family farm corporation does not own more than 3,000 acres of tangible real property in this state; or".
Section 2. Said chapter is further amended by striking paragraph (2) of subsection (b) of Code Section 48-5-7.4, relating to bona fide conservation use property, and inserting in its place a new paragraph (2) to read as follows:
"(2) The owner of a tract, lot, or parcel of land totaling less than ten acres stay shall be required by the tax assessor to submit additional relevant records regarding proof of bona fide conservation use;".
Section 3. Said chapter is further amended in subsection (b) of Code Section 48-5-7.4, relating to bona fide conservation use property, by striking "and" at the end of paragraph (3), by striking the period at the end of paragraph (4) and inserting in its place a semicolon, and by adding two new paragraphs immediately following paragraph (4), to be designated paragraphs (5) and (6) to read as follows:
"(5) No property shall qualify as bona fide conservation use property if such property is at the time of application for current use assessment subject to a restrictive covenant which prohibits the use of the property for any purpose described in subparagaph (a) (1) (E) of this Code section; and
(6) No otherwise qualified property shall be denied current use assessment on the grounds that no soil map is available for the county in which such property is located; pro vided, however, that if no soil map is available for the county in which such property is located, the owner making an application for current use assessment shall provide the board of tax assessors with a certified soil survey of the subject property unless another method for determining the soil type of the subject property is authorized in writing by such board."
Section 4. Said chapter is further amended by striking subsection (p) of Code Section 48-5-7.4, relating to bona fide conservation use property, and inserting in its place a new subsection (p) to read as follows:
"(p) The following shall not constitute a breach of a covenant:
(1) Mineral exploration of the property subject to the covenant or the leasing of the property subject to the covenant for purposes of mineral exploration if the primary use of the property continues to be the good faith production from or on the land of agricultural products; er

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1783

(2) Allowing all or part of the property subject to the covenant to lie fallow or idle for purposes of any land conservation program, for purposes of any federal agricultural assis tance program, or for other agricultural management purposesr ; or
(3) Allowing all or part of the property subject to the covenant to lie fallow or idle due to economic or financial hardship if the owner notifies the board of tax assessors on or before the last day for filing a tax return in the county where the land lying fallow or idle is located and if such owner does not allow the land to lie fallow or idle for more than two years of any five-year period."
Section 5. Said chapter is further amended by striking subsection (s) of Code Section 48-5-7.4, relating to bona fide conservation use property, and inserting in its place a new subsection (s) to read as follows:
"(s) The commissioner shall annually submit a report to the Governor, the Department of Agriculture, the Georgia Agricultural Statistical Service, the Georgia Forestry Commis sion, the Department of Natural Resources, and the University of Georgia Cooperative Ex tension Service and the House Ways and Means, Natural Resources and Environment, and Agriculture and Consumer Affairs committees and the Senate Finance and Public Utilities, Natural Resources, and Agriculture committees and shall make such report available to other members of the General Assembly, which report shall show the fiscal impact of the assessments provided for in this Code section and Code Section 48-5-7.5. The report shall include the amount of assessed value eliminated from each county's digest as a result of such assessments; approximate tax dollar losses, by county, to all local governments affected by such assessments; and any recommendations regarding state and local administration of this Code section and Code Section 48-5-7.5, with emphasis upon enforcement problems, if any, attendant with this Code section and Code Section 48-5-7.5. The report shall also in clude any other data or facts which the commissioner deems relevant."
Section 6. Said chapter is further amended by adding two new subsections at the end of Code Section 48-5-7.4, relating to bona fide conservation use property, to be designated sub sections (t) and (u), to read as follows:
"(t) A public notice containing a brief, factual summary of the provisions of this Code section shall be posted in a prominent location readily viewable by the public in the office of the board of tax assessors and in the office of the tax commissioner of each county in this state.
(u) Property which is subject to a covenant under this Code section which was entered into during the taxable year beginning January 1, 1992, may be changed from such covenant and placed in a new covenant for bona fide conservation use under this Code section if such property meets all of the requirements and conditions otherwise specified under this Code section and if the owner files a written request with the board of tax assessors indicating such owner's desire to exercise this termination option on or before the last day for the payment of ad valorem taxes in such county for the taxable year beginning January 1, 1993, but not later than December 31, 1993. Any such change shall terminate the covenant under this Code section, shall not constitute a breach of the covenant under this Code section, and shall require the establishment of a new covenant period under this Code section. No prop erty may be changed under this subsection more than once."
Section 7. Said chapter is further amended by striking Code Section 48-5-32, relating to publication by counties of a report of certain ad valorem tax information, and inserting in its place a new Code Section 48-5-32 to read as follows:
"48-5-32. (a) At leaat two weeks prior to the establishment of the millagc rate for ad valorem tax purposes for the current calendar year, the governing
(a) As used in this Code section, the term:
(1) 'Levying authority' means a county, a municipality, or a consolidated city-county governing authority or other governing authority of a political subdivision of this state that exercises the power to levy ad valorem taxes to carry out the governing authority's purposes.

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(2) 'Recommending authority' means a county, independent, or area school board of education that exercises the power to cause the levying authority to levy ad valorem taxes to carry out the board's purposes.
(3) 'Taxing jurisdiction' means all the tangible property subject to the levy of a specific levying authority or the recommended levy of a specific recommending authority.
(b) Each levying authority and each recommending authority of each county shall cause a report to be published in a newspaper of general circulation which is the legal organ of such county throughout the county - :
(1) At least two weeks prior to the certification of any recommending authority to the levying authority of such recommending authority's recommended school tax for the sup port and maintenance of education pursuant to Article VIII, Section VI, Paragraph I of the Constitution; arI5
(2) At least two weeks prior to the establishment by each levying authority of the mil lage rates for ad valorem taxes for educational purposes and ad valorem taxes for purposes other than educational purposes for the current calendar yearT
Such report reports shall be in a prominent location in such newspaper and shall not be included with legal advertisements. The size and location of the advertisement advertise ments shall not be grounds for contesting the validity of the levy. Such report ahall contaS the following;
(c) The reports required under subsection (b) of this Code section shall contain the following:
(1) he For levying authorities, the assessed taxable value of all property, by class and in total, which is subject to ad valorem taxation for county purposes within the levying authority's taxing jurisdiction and the proposed millage rate for the levying authority's pur poses for the current calendar year and such assessed taxable values and the millage rates for county purposes for each of the immediately preceding five calendar years within the taxing jurisdiction, as well as the proposed total dollar amount of ad valorem tax revenue taxes to be levied for county the levying authority's purposes for the current calendar year and the total dollar amount of ad valorem taxes levied for the levying authority's purposes for each of the immediately preceding five calendar years. The information required for each year specified in this paragraph shall also indicate the percentage increase and total dollar increase with respect to the immediately preceding calendar year. In the event the rate lev ied in the unincorporated area is different from the rate levied in the incorporated area, the report shall also indicate all required information with respect to the incorporated area, unincorporated area, and a combination of incorporated and unincorporated areas; an5
(2) -3%e For recommending authorities, the assessed taxable value of all property, by class and in total, which is subject to ad valorem taxation for achool purpoaco within the recommending authority's taxing jurisdiction and the proposed millage rate for the recom mending authority's purposes for the current calendar year and such assessed taxable values and the millage rates for school purposes for each of the immediately preceding five calen dar years within the taxing jurisdiction, as well as the proposed total dollar amount of ad valorem tax revenue for achool taxes to be recommended for the recommending authority's purposes for the current calendar year and the total dollar amount of ad valorem taxes levied for the recommending authority's purposes for each of the immediately preceding five calendar years. The information required for each year specified in this paragraph shall also indicate the percentage increase and total dollar increase with respect to the immediately preceding calendar year? ; and
(3) The date, time, and place where the levying or recommending authority will be setting its millage rate for such authority's purposes.
(b) (d) The commissioner shall not accept for review the digest of any county which does not submit simultaneously a copy of such published i-epert reports for the county gov erning authority and the county board of education with such digest. In the event a digest is

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1785

not accepted for review by the commissioner pursuant to this subsection, it shall be ac cepted for review upon satisfactory submission by such county of a copy of such published report reports. The levies of each of the levying authorities other than the county governing authority shall be invalid and unenforceable until such time as the provisions of this Code section have been met."
Section 8. Said article is further amended by striking Code Section 48-5-32.1, relating to the advertisement of intent to increase property tax, which reads as follows:
"48-5-32.1. (a) As used in this Code section, the term:
(1) 'Ad valorem tax' or 'property tax' means a tax imposed upon the assessed value of property.
(2) 'Certified tax digest' means that annual property tax digest certified by the tax com missioner of a taxing jurisdiction to the Department of Revenue and approved by the state revenue commissioner.
(3) 'Governing authority' means that official or group of officials responsible for the governing of a taxing jurisdiction.
(4) 'Mill' means one one-thousandth of a United States dollar.
(5) 'Millage' or 'millage rate' means the levy, in mills, which is established by the gov erning authority for purposes of financing, in whole or in part, the taxing jurisdiction's ex penses for their fiscal year.
(6) 'Roll-back rate' means the millage rate levied in the fiscal year immediately preced ing the new fiscal year minus the millage equivalent of the values added by reassessment certified by the tax assessor.
(7) 'Taxing jurisdiction' means a county or municipality, a county, independent, or area school district, or a consolidated city-county government or other political subdivision of the state which exercises the power to levy or which causes to be levied ad valorem taxes to carry out its purposes.
(8) 'Values added by reassessments' means all taxable assessed values added to the cer tified tax digest as a result of revaluation of existing real property, not including taxable values added as a result of new construction or additions or deletions of structures from the most recent certified tax digest or additions or deletions in the aggregate taxable value of property other than real property.
(b) On or before October 1 of each year, the tax receiver or tax commissioner shall certify to the governing authority of each taxing jurisdiction:
(1) The assessed taxable value of all property, including harvested timber, by class of property and in total, which is subject to taxation for that fiscal year within the taxing jurisdiction;
(2) The assessed taxable value contained in the certified tax digest for that fiscal year which was added by reassessment of existing properties; and
(3) Instructions describing the method to compute a millage rate for the next fiscal year which, exclusive of values added by new construction, additions, deletions, and property added or deleted due to geographic boundary changes but inclusive of values added by reas sessments, will provide the same ad valorem tax revenue for the taxing jurisdiction's next fiscal year as was levied during the current fiscal year.
(c) (1) No millage for the fiscal year beginning in 1992 and any year thereafter may be levied until the governing authority of the taxing jurisdiction adopts a resolution or ordi nance which specifies the millage rate. The resolution or ordinance shall be adopted at an advertised public meeting and at a time and place which is convenient to the taxpayers of the taxing jurisdiction and shall be adopted only after the governing authority of the taxing jurisdiction has complied with the provisions of this Code section. Whenever a governing

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authority shall propose to adopt a millage rate which does not exceed the roll-back rate, it may establish its millage rate pursuant to this paragraph.
(2) In those instances in which the governing authority proposes to establish any mil lage rate which would require increases beyond the roll-back rate, the governing authority shall advertise its intent to do so. The governing authority shall place an advertisement in a newspaper of general circulation serving the residents of the unit of local government, which shall read as follows:
'NOTICE OF PROPERTY TAX INCREASE
The (name of governing authority) has tentatively adopted a millage rate which will require an increase in property taxes by (percentage increase over roll-back rate) percent.
All concerned citizens are invited to the public hearing on this tax increase to be held at (place of meeting) on (date and time).'
Simultaneously with this notice the governing authority shall provide a press release to the local media.
(3) The advertisement shall appear at least one week prior to the hearing and shall be prominently displayed and shall not be placed in that section of the newspaper where legal notices appear.
(4) The ordinance or resolution adopting the final millage rate may be adopted at any public meeting at any time after the hearing and shall specify the roll-back rate and the final millage rate. In no event shall the governing authority levy a millage rate in excess of the proposed millage rate as established pursuant to paragraph (2) of this subsection.
(5) Any notice or hearing required under this Code section may be combined with any notice or hearing required under Article 1 of Chapter 81 of Title 36. Nothing in this Code section shall be deemed to preclude the conduct of further hearings, if the governing author ity deems such hearings necessary and complies with the general notice requirements of paragraphs (1) and (2) of this subsection.
(6) A subsequent adjustment in the millage rate for the then current tax year made by the governing authority of any taxing jurisdiction to effect the adjustments required by Ar ticle 5A of this chapter shall not require new advertisement and hearings as required in this Code section.
(d) Nothing contained in this Code section shall serve to extend or authorize any mil lage rate in excess of the maximum millage rate permitted by law or to prevent the reduc tion of the millage rate.",
and inserting in its place a new Code Section 48-5-32.1 to read as follows:
"48-5-32.1. Reserved."
Section 9. Said chapter is further amended by striking subsection (b) of Code Section 48-5-269, relating to certain uniform books, records, manuals, and values, and inserting in its place new subsections (b) and (c) to read as follows:
"(b) The commissioner shall promulgate after consultation with the Department of Ag riculture, the Georgia Agricultural Statistical Service, the Georgia Forestry Commission, the Department of Natural Resources, and the Cooperative Extension Service, and county tax officials shall follow uniform rules and regulations establishing a table of values for the cur rent use value of bona fide conservation use property. Such rules and regulations shall apply to the evaluation of bona fide conservation use property, exclusive of any improvements thereon, which improvements shall have their current use value determined as otherwise provided by law. Such rules and regulations shall include, but not be limited to, the follow ing provisions and criteria:
(1) Sales data for arm's length, bona fide sales of comparable real property with and for the same existing use and per-acre property values determined by the capitalization of net

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income before property taxes, with sales data to be weighted 35 percent and income capitali zation values to be weighted 65 percent. All sales data shall be adjusted to remove the influ ence of the size of the tract on the sales price of tracts below 50 acres in size. Income capi talizationvalues shall Be derived from tHe respective conservation use property classifications, with consideration given to productivity of the respective major geological or geographical regions, and for this purpose:
(A) Net income before property taxes shall be determined for:
(i) Agricultural land by calculating a weighted average of all crop and pasture acreage in each district as designated by paragraph (2) of this subsection in the following manner:
(i) (I) Crop land by calculating the five-year weighted average of per-acre net income before property taxes from the major predominant acreage crops harvested in Georgia, and as used in this division, the term 'predominant acreage crops' means the top acreage crops with production in no less than 125 counties of the state; and
*& (II) Pasture property by calculating a five-year weighted average of per-acre rental rates from pasture land; and
{*} (ii) Forest property by calculating a five-year weighted average of per-acre net in come before property taxes from hardwood and softwood harvested in Georgia. For purposes of this division, the term 'property taxes' shall not include the tax under Code Section 48-57.5 which tax shall be considered in calculating net income; anH
(B) The capitalization rate shall be based upon:
(i) The long-term financing rate available on January 1 from the Regional Federal Land Bank located in Columbia, South Carolina, and published pursuant to 26 U.S.C Section 2032A(e) (7) (A) (ii), further referenced by regulations 26 C.F.R. 20.2032A-4(e);
(ii) The arithmetic mean of Federal Farm Credit bond yields, whose maturity is no less than five years in the future, as published in the Wall Street Journal on January 1 or the most recent business day of the current year, rounded to the nearest hundredth; and
(iii) For the purpose of determining the income capitalization rate, divisions (i) and (ii) of this subparagraph shall be given weighted influences of 80 percent and 20 percent, re spectively; and
(iv) A property tax component which shall be the five-year average true tax rate for the unincorporated area of each county located within the regions established by paragraph (2) of this subsection;
(2) The state shall be divided into appropriate geographical regions an appropriate grouping of the nine crop-reporting districts as delineated by the Georgia Agricultural Sta tistical Service for the purpose of determining any calculation under this subsection;
(3) In no event may the current use value of any conservation use property in the table of values established by the commissioner under this subsection for the taxable year begin ning January 1, 1993, increase or decrease by more than 15 percent from its current use value as set forth in the table of values establisheid by the commissioner under this subsection for the taxable year beginning January 1, 1992. In no event may the current use value of any conservation use property increase or decrease during a covenant period by more than 4 percent from ita current use value for the previous taxable year or increase or de crease during a covenant period by more than 26 percent from the firat yea? of the covenant period in the table of values established by the commissioner under this subsection for the taxable year beginning January 1, 1994, or any subsequent taxable year increase or decrease by more than 3 percent from its current use value as set forth in the table of values estab lished by the commissioner under this subsection for the immediately preceding taxable year; ari3
(4) Environmentally sensitive properties as certified by the Department of Natural Re sources shall be valued according to the average value determined for property of the same or similar soil type, as determined under paragraphs (1) and (2) of this subsection.

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(c) In no event may the current use value of any conservation use property increase or decrease during the covenant period by more than 3 percent from its current use value for the previous taxable year or increase or decrease during a covenant period by more than 34.39 percent from the first year of the covenant period. The limitations imposed by this subsection shall apply to the total value of all the conservation use property that is the subject of an individual covenant including any improvements that meet the qualifications set forth in paragraph (1) of subsection (a) of Code Section 48-5-7.4; provided, however, that in the event the owner changes the use of any portion of the land or adds or removes there from any such qualified improvements, the limitations imposed by this subsection shall be recomputed as if the new uses and improvements were in place at the time the covenant was originally entered."
Section 10. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Sections 1, 2, 3, 4, and 9 of this Act shall be appli cable to all bona fide conservation use covenants entered into for all taxable years beginning on or after January 1, 1993, and to any table of values of bona fide conservation use prop erty established by the state revenue commissioner for all taxable years beginning on or after January 1, 1993. Any bona fide conservation use covenant entered into for the taxable year beginning January 1, 1992, shall continue to be governed by the law in effect for that taxable year.
Section 11. All laws and parts of laws in conflict with this Act are repealed.

The following Memorandum, as required by law, was read by the Secretary:

DEPARTMENT OF AUDITS 254 Washington Street, S.W.
Room 214 Atlanta, Georgia 30334-8400

MEMORANDUM

TO:

The Honorable William J. Dover, Chairman

House Ways and Means Committee

FROM:

Claude L. Vickers, State Auditor Henry M. Huckaby, Director, Office of Planning and Budget

DATE:

February 2, 1993

SUBJECT: Fiscal Note--House Bill 66 (Substitute) (LC 18 5424S) Ad Valorem Tax--Conservation Use Property

This bill would change provisions relating to "conservation use property" with regards to the ad valorem taxation of real property. The bill provides for changes to provisions regarding the types of property covered; limitations on penalties; limitations on actions that can be taken in the event of digest reductions; the publication of certain information and reports; and various other rules, regulations and procedures. If enacted, the bill would apply to all taxable years beginning on or after January 1, 1993.

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

/s/ Claude L. Vickers State Auditor

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

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Senators Balfour of the 9th and Edge of the 28th offered the following amendment:

Amend the substitute to HB 66 offered by the Senate Committee on Finance and Pub lic Utilities as follows:
To amend Code Section 48-5-311 of the O.C.G.A. as follows: Add a Section 3 after Sec tions 1 and 2 as follows:
"(3) The county board of tax assessors shall make its determination and notify the taxpayer within 180 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 180 day period, the appeal shall be automatically referred to the county board of equalization.";
delete (4) which read as follows:
"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" and add the word "Reserved" at the end of the paragraph;
at paragraph (6) add a subsection "(c)" to read as follows:
"If more than one contiguous property of a taxpayer is under appeal, the board of equalization shall, upon request of the taxpayer, consolidate all such 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 subsec tion 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 of items of property."; and
add a new paragraph 5 at the end to read as follows:
"(5) The county board of tax assessors shall bear the burden of proof in the appeal.".

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 Boshears Burton Clay Crotts Day

Dean Edge Egan Glanton Gochenour Isakson

Langford of 29th Newbill Ragan of 32nd Ralston Thompson Tysinger

Those voting in the negative were Senators:

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

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

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

Not voting were Senators Langford of 35th and Parrish.

On the adoption of the amendment, the yeas were 18, nays 36, and the amendment was lost.

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

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

Garner Langford of 35th

Parrish

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

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

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

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.

Senator Starr of the 44th moved that the Senate insist upon the Senate substitute to HB 689.

On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 689.

MONDAY, MARCH 22, 1993

1791

The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 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 House has adopted the report of the Committee of Conference on the following bill of the Senate:
SB 298. By Senators Balfour of the 9th, Day of the 48th, Tysinger of the 41st and others:
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.
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 541. By Representative Murphy of the 18th:
A resolution relative to adjournment.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
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 House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
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.

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The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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 House substitute to SB 13 was as follows:
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 certain terms; to provide for pen alties; 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 and to notice of bail hearings; to require victims to provide certain information to facilitate the giving of such notice; to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable, so as to provide a condition under which persons charged with the offense of stalking or aggravated stalking shall be entitled to pretrial release; to provide for additional restrictions in certain cases; to amend Article 1 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to granting of relief from family violence by superior courts, so as to change the definition of the term "family violence"; to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to provide for conditions of probation under certain circumstances; 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 and intimidating the other person. For the purpose of this article, 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 and intimidating' means a knowing and willful course of conduct directed at a specific person which causes emotional distress by placing such person in reasonable fear of death or bodily harm to himself or herself or to a member of his or her immediate family, and which serves no legitimate purpose. This Code section shall not be construed to require that an overt threat of death or bodily injury has been made.
(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 five years.
16-5-91. (a) A person commits the offense of aggravated stalking when such person, in violation of a temporary restraining order, preliminary injunction, or permanent injunction or condition of pretrial release, condition of probation, or condition of parole in effect

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1793

prohibiting the behavior described in this subsection, follows, places under surveillance, or contacts another person at or about a place or places without the consent of the other per son for the purpose of harassing and intimidating the other person.
(b) Any person convicted of a violation of subsection (a) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years and by a fine of not more than $10,000.00.
16-5-92. The provisions of Code Sections 16-5-90 and 16-5-91 shall not apply to persons engaged in activities protected by the Constitution of the United States or of this state or to persons or employees of such persons lawfully engaged in bona fide business activity or lawfully engaged in the practice of a profession.
16-5-93. (a) The victim of stalking or aggravated stalking shall be entitled to notice of the release from custody of the person arrested for and charged with the offense of stalking or aggravated stalking and to notice of any hearing on the issue of bail for such person. No such notice shall be required unless the victim provides a landline telephone number other than a pocket pager or electronic communication device number to which such notice can be directed.
(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 landline telephone number other than a pocket pager or electronic communication device number to which the notice of custodial release or bail hearing 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 or any hearing on the issue of bail. Such notice shall, at a minimum, include telephoning the number provided by the victim no less than two times in no less than 15 minute intervals within one hour prior to custodial release and one hour prior to the bail hearing and giving notice to the victim or to any person answering the telephone who appears to be sui juris or by leaving an appropriate message on a telephone answering machine.
(d) Notwithstanding any other provision of this Code section, a bail hearing or the re lease 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) Upon the person's release or escape from custody after conviction and service of all or a portion of a sentence, notification to the victim shall be provided by the State Board of Pardons and Paroles as set forth in Code Sections 42-9-46 and 42-9-47.
(f) 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.
(g) As used in this Code section, the term 'custodian' means a warden, sheriff, jailer, deputy sheriff, police officer, officer or employee of the Division of Youth Services or any other law enforcement officer having actual custody of an inmate.
(h) A custodian or his or her employing agency shall not be liable in damages for a failure to provide the notice required by this Code section, but the custodian shall be sub ject to appropriate disciplinary action including termination for such failure."
Section 2. Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable, is amended by adding after paragraph (2) of subsection (b) a new paragraph (3) to read as follows:
"(3) (A) Notwithstanding any other provision of law, a judge of a court of inquiry may, as a condition of bail or other pretrial release of a person who is charged with violating Code

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Section 16-5-90 or 16-5-91, prohibit the defendant from entering or remaining present at the victim's school, place of employment, or other specified places at times when the victim is present or intentionally following such person.
(B) If the evidence shows that the defendant has previously violated the conditions of pretrial release or probation or parole which arose out of a violation of Code Section 16-5-90 or 16-5-91, the judge of a court of inquiry may impose such restrictions on the defendant which may be necessary to deter further stalking of the victim, including but not limited to denying bail or pretrial release."
Section 3. Article 1 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to granting of relief from family violence by superior courts, is amended by striking in its entirety Code Section 19-13-1, relating to the definition of the term "family violence," and inserting in lieu thereof a new Code Section 19-13-1 to read as follows:
"19-13-1. As used in this article, the term 'family violence' means the occurrence of one or more of the following acts between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household:
(1) Any felony; or
(2) Commission of offenses of battery, simple battery, simple assault, assault, stalking, criminal damage to property, unlawful restraint, or criminal trespass.
The term 'family violence' shall not be deemed to include reasonable discipline adminis tered by a parent to a child in the form of corporal punishment, restraint, or detention."
Section 4. Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, known as the "State-wide Probation Act," is amended by adding between Code Sections 428-35.2 and 42-8-36 a new Code Section 42-8-35.3 to read as follows:
"42-8-35.3. Notwithstanding any other terms or conditions or probation which may be imposed, a court sentencing a defendant to probation for a violation of Code Section 16-5-90 or 16-5-91 may impose one or more of the following conditions on such probation:
(1) Prohibit the defendant from engaging in conduct in violation of Code Section 16-590 or 16-5-91;
(2) Require the defendant to undergo a mental health evaluation and, if it is deter mined by the court from the results of such evaluation that the defendant is in need of treatment or counseling, require the defendant to undergo mental health treatment or coun seling by a court approved mental health professional, mental health facility, or facility of the Department of Human Resources. Unless the defendant is indigent, the cost of any such treatment shall be borne by the defendant; or
(3) Prohibit the defendant from entering or remaining present at the victim's school, place of employment, or other specified places at times when the victim is present."
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 Oliver of the 42nd moved that the Senate agree to the House substitute to SB 13 as amended by the following amendment:
Amend the House substitute to SB 13 by striking "custodian" and inserting "court and custodian" on line 2 of page 4.
By striking line 4 of page 4 through line 7 of page 5 and inserting in lieu thereof the following:
"(c) Upon receipt of the telephone number, the custodian of the person charged with

MONDAY, MARCH 22, 1993

1795

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) Prior to the person's release, placing a telephone call to the number provided by the victim 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 machine; and
(2) Following the person's release, 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 minute 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 leaving an appropriate message on a telephone answering machine.
(d) Upon receipt of the telephone number, the court conducting a hearing on the issue of bail shall take reasonable and necessary steps under the circumstances to notify the vic tim of any scheduled hearing on the issue of bail. Such notice shall, at a minimum, include placing a telephone call to the number provided by the victim prior to any scheduled hear ing on the issue of bail.
(e) Notwithstanding any other provision of this Code section, a scheduled bail hearing or 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.
(f) Upon the person's release or escape from custody after conviction and service of all or a portion of a sentence, notification to the victim shall be provided by the State Board of Pardons and Paroles as set forth in Code Sections 42-9-46 and 42-9-47.
(g) 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.
(h) As used in this Code section, the term 'custodian' means a warden, sheriff, jailer, deputy sheriff, police officer, officer or employee of the Division of Youth Services or any other law enforcement officer having actual custody of an inmate.
(i) A custodian or his or her employing agency shall not be liable in damages for a failure to provide the notice required by this Code section, but the custodian shall be sub ject to appropriate disciplinary action including termination for such failure.' "

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 Dean

Edge Egan Farrow Garner Gillis 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

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Thompson Turner

Tysinger

Walker

Those voting in the negative were Senators:

Day

Glanton

Gochenour

Not voting was Senator Thomas.

On the motion, the yeas were 52, nays 3; the motion prevailed, and the Senate agreed to the House substitute to SB 13 as amended by the Senate.

The following resolution of the House was read and put upon its adoption:

HR 541. By Representative Murphy of the 18th:
A resolution relative to adjournment by the General Assembly sine die at 7:00 o'clock P.M. on Tuesday, March 23, 1993.

On the adoption of the resolution, the yeas were 44, nays 1.

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 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 House substitute to SB 278 was as follows:

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 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

MONDAY, MARCH 22, 1993

1797

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, 2052, 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 and, amortization, and other costs and charges as provided in this subsection. In adopting its annual budget, the Board of the Metropolitan Atlanta 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 ariy~statute or regulation concerning either the protection of 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. 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 Scott of the 36th moved that the Senate disagree to the House substitute to SB 278.

On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 278.

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

SR 289. By Senator Perdue of the 18th:
A resolution creating the Senate Defense Conversion Strategies Study Committee.

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

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

Those voting in the affirmative were Senators:

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 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

Those not voting were Senators:

Crotts Dawkins

Scott Starr

Walker

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

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

MONDAY, MARCH 22, 1993

1799

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

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.
Senate Sponsor: Senator Kemp of the 3rd.

The Senate Committee on Judiciary offered the following amendment:

Amend HB 490 by adding following the word "courts" on line 6 of page 1 the following:
", county medical examiners and their sworn officers employed by county government, and clerks of the superior courts".
By deleting the word "and" from line 5 of page 3.
By striking the period and quotes from line 7 of page 3 and inserting in lieu thereof a semicolon.
By adding between lines 7 and 8 of page 3 the following:
"(12) County medical examiners and their sworn officers employed by county govern ment; and
(13) Clerks of the superior courts.'".

On the adoption of the amendment, the yeas were 40, nays 0, and the amendment was adopted.

Senator Farrow of the 54th offered the following amendment:

Amend HB 490 by adding between lines 7 and 8 of page 3 the following:
"(12) County medical examiners and their sworn officers employed by county govern ment, and coroners and their sworn officers employed by county government."

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 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 Farrow Gillis

Glanton Gochenour Hemmer Hill Hooks Isakson Kemp Langford of 35th Langford of 29th Madden

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JOURNAL OF THE SENATE

Marable Middleton Newbill Parrish Perdue Pollard

Ragan of llth Ragan of 32nd Ralston Ray Robinson Slotin

Taylor Thomas Thompson Turner Tysinger Walker

Voting in the negative was Senator Oliver.

Those not voting were Senators:

Egan Garner Harbison

Henson Huggins

Scott Starr

On the passage of the bill, the yeas were 48, nays 1.

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

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

SR 39. By Senators Slotin of the 39th and Scott of the 36th: A resolution creating the Senate Study Committee on Year-Round Education.

The Senate Committee on Rules offered the following amendment:

Amend SR 39 by striking on line 25 on page 2 the word "ten" and inserting in its place the word "five".

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

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

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

Egan Farrow Gillis Glanton 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 Scott Slotin Thompson Turner Tysinger Walker

MONDAY, MARCH 22, 1993

1801

Those not voting were Senators:

Abernathy Dawkins Garner

Gochenour Henson Isakson

Starr Taylor Thomas

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

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

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

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.
Senate Sponsor: Senator Balfour of the 9th.

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

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 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 Turner Tysinger Walker

Those not voting wre Senators:

Abernathy Garner

Henson Huggins

Taylor Thompson

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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JOURNAL OF THE SENATE

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.
The Senate Committee on Agriculture offered the following substitute to SR 237:
A RESOLUTION
Urging the President of the United States, the U.S. Trade Representative, the U.S. Secretary of Agriculture, the U.S. Senate Committee on Finance, the U.S. Senate Commit tee on Agriculture, Nutrition, and Forestry, the U.S. House Committee on Ways and Means, and the House Committee on Agriculture to seek revisions in tariff provisions of the pro posed North American Free Trade Agreement (NAFTA) now pending before the Congress that are unfair to the peanut farmers of Georgia and the United States; and for other purposes.
WHEREAS, peanut production is vital to the economy of the State of Georgia; and
WHEREAS, Georgia is the nation's leading producer of peanuts, accounting for almost half of the nation's total production; and
WHEREAS, peanuts are Georgia's most valuable agricultural commodity with a farm value of $548 million in 1992, accounting for 34 percent of the value of all crops in the state; and
WHEREAS, there are some 10,000 peanut growers in Georgia located in almost half of the state's 159 countries; and
WHEREAS, the peanut industry has a $2.5 billion impact on the Georgia economy and provides a livelihood for thousands of people on and off the farm and in all parts of the state; and
WHEREAS, nationally, peanuts are produced in three large areas of the United States: the Southeast (Georgia, Florida, and Alabama); Virginia and the Carolinas (Virginia, North and South Carolina); and the Southwest (Texas, Oklahoma, and New Mexico); and
WHEREAS, there are approximately 40,000 peanut farms in the United States, which produce some 2.5 million tons annually with a farm value of approximately $1.4 billion; and
WHEREAS, peanut farmers, the peanut industry, and communities and areas where peanuts are grown in Georgia and the nation currently are at great risk from the North American Free Trade Agreement (NAFTA) as presently negotiated because of the unfair price advantage the proposed agreement would give to imported Mexican grown peanuts in the U.S. domestic market over Georgia and U.S. grown peanuts; and
WHEREAS, the unfair advantage that Mexican peanuts would have over U.S. peanuts and the economic damage that could be inflicted on Georgia and other U.S. peanut farmers and on the communities and areas where peanuts are grown has been shown in a research study conducted by Dr. D.H. Carley and Dr. S.M. Fletcher of the University of Georgia College of Agriculture and Environmental Sciences, copies of which have been disseminated widely to appropriate officials and agencies of the U.S. government and Congress; and
WHEREAS, President Clinton and members of his administration have indicated that certain provisions of NAFTA would be reviewed prior to action on the agreement by Congress.
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that the members of this body request that the President, the U.S. Trade Representative, the U.S. Secretary of Agriculture, and appropriate committees of Congress include the effect on U.S. peanut

MONDAY, MARCH 22, 1993

1803

growers by NAFTA in their review of the proposed agreement and that the provisions relat ing to tariffs on peanuts imported from Mexico be revised so as to make the agreement fairer to Georgia and U.S. peanut growers.
BE IT FURTHER RESOLVED that the members of this body request that Congress not act on implementing NAFTA until such revisions relating to peanuts are made in the agreement.
BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and di rected to transmit appropriate copies of this resolution to the President, the U.S. Trade Representative, the U.S. Secretary of Agriculture, the U.S. Senate Committee on Finance, the U.S. Senate Committee on Agriculture, Nutrition, and Forestry, the U.S. House Com mittee on Ways and Means, the U.S. House Committee on Agriculture, and to the Georgia House and Senate members.
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 adoption of the resolution by substitute, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Baugh Blitch Boshears Bowen 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

Those not voting were Senators:

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

Abernathy Balfour Crotts

Garner Hemmer Starr

Thompson Walker

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

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

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The following resolution of the Senate was read and adopted:

SR 346. By Senator Starr of the 44th: A resolution honoring Lake Harbin Elementary School counselor Elaine Thames.

Senator Starr of the 44th introduced Elaine Thames, who briefly addressed the Senate.

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

HB 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.
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:

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

Those not voting were Senators:

Dawkins Egan Garner

Oliver Parrish

Slotin Walker

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

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

Senator Garner of the 30th, President Pro Tempore, assumed the Chair.

MONDAY, MARCH 22, 1993

1805

HR 427. By Representatives Murphy of the 18th, Connell of the 115th, Walker of the 141st and others: A resolution to provide for the nomination and election of the state auditor.
Senate Sponsor: Senator Ray of the 19th.

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

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

Those voting in the affirmative were Senators:

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

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

Newbill Parrish Perdue Pollard Ragan of llth Ragan of Rnlst/m rTM tRTofb.inson
Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Dawkins Egan

Garner (presiding) Oliver

Starr Walker

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

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

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.
Senate Sponsor: Senator Pollard of the 24th.

The Senate Committee on Insurance and Labor offered the following substitute to HB 648:

A BILL
To be entitled an Act 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 revise provisions relative to premium discounts for drivers meeting certain requirements

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and completing certain courses; to apply such requirements to the principal driver; to pro vide for requirements for a principal driver under the age of 25; to provide that such dis counts shall be in addition to other discounts offered by the insurer; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to insurance rates, underwriting rules, and related organizations, is amended by striking Code Section 33-9-42, relating to eligibility for reductions in premiums for motor vehicle insur ance policies, and inserting in its place a new Code Section 33-9-42 to read as follows:
"33-9-42. (a) For each personal or family-type policy of private passenger motor vehicle insurance issued or issued for delivery in this state, there shall be offered by the insurer a reduction of not less than 10 percent in premiums for motor vehicle liability, first-party medical, and collision coverages to the policyholder if all named drivers the principal driver, as listed or who should be listed on the policy application or provided in information subsequent to such application, of each motor vehicle covered by such policy satisfy satisfies the requirements of subsection (b) or subsection (c), as applicable, of this Code section.
(b) Reductions in premiums shall be available if all named drivcra the principal driver who is 25 years of age or older:
(1) Have Has committed no traffic offenses for the prior three years or since the date of licensure, whichever is shorter;
(2) Have Has had no claims based on fault against an insurer for the prior three years; and
(3) Complete Has completed one of the following types of driving courses:
(A) A course in defensive driving of not less than six hours from a driver improvement clinic or commercial or noncommercial driving school or a course offered by an employer to its employees and their immediate families approved by and under the jurisdiction of the Department of Public Safety;
(B) An emergency vehicles operations course at the Georgia Public Safety Training Center; or
(C) A course in defensive driving of not less than six hours from a driver improvement program which is administered by a nonprofit organization such as the American Associa tion of Retired People, the American Automobile Association, the National Safety Council, or a comparable organization and which meets the standards promulgated by the Depart ment of Public Safety pursuant to subsection (f) of this Code sectionro* .
(D) A course in dcfcnaivc driving of not leas than aix hours offered by an cmploycf to its employees and their immediate families, which course haa been approved by the Depart ment of Public Safety.
(c) Reductions in premiums shall be available if the principal driver who is under 25 years of age:
(1) Has committed no traffic offenses for the prior three years or since the date of licen sure, whichever is shorter;
(2) Has had no claims based on fault against an insurer for the prior three years; and
(3) Has completed a preparatory course offered to new drivers of not less than 30 hours of classroom training and not less than six hours of practical training by a driver's training school approved by and under the jurisdiction of the Department of Public Safety or by an accredited secondary school, junior college, or college.
4e) (d) Upon completion of one of the driving courses specified in paragraph (3) of subsection (b) or paragraph (3) of subsection (c), as applicable, of this Code section by each

MONDAY, MARCH 22, 1993

1807

named the principal driver, eligibility for reductions in premiums for such policy shall con tinue for a period of three years, provided any named the principal driver under such policy does not commit a traffic offense or have a claim against the policy based on any such driver's fault.
(d) Provided however only named drivers over the age of 26 ahall have to meet the requirements of only the requirements of 1 and 2 on page 12 on lines 20 through 32.
(e) The Department of Public Safety shall assure through the supervision of driver im provement clinics, emergency vehicles operations courses, driver improvement programs ad ministered by nonprofit organizations, and commercial or noncommercial driving schools approved by the Department of Public Safety that defensive driving courses shall be availa ble and accessible wherever practicable as determined by the department to licensed drivers throughout the state.
(f) Each insurer providing premium discounts under this Code section shall provide, upon the request of the Commissioner, information regarding the amount of such discounts in a form acceptable to the Commissioner.
(g) The power of supervision granted to the Department of Public Safety over driver improvement programs administered by nonprofit organizations under this Code section shall be limited to the establishment of minimum standards and requirements relative to the content of specific courses offered by such programs and relative to investigation and resolution of any complaints directed towards the content or operation of any course by a person enrolled in such course. The Department of Public Safety may adopt rules and regu lations necessary to carry out the provisions of this subsection. The Department of Public Safety shall not require a nonprofit organization to obtain a license or permit or to pay a fee in order to administer a driver improvement program in the state. The Department of Pub lic Safety shall not require a commercial driving school licensed by such department to obtain an additional license to teach a defensive driving course, as described in subparagraph (b) (3) (A) or paragraph (3) of subsection (c) of this Code section, at any location in this state.
(h) Nothing in this Code section shall prevent an insurer from offering the reduction in premium specified in subsection (a) of this Code section to a driver who does not meet all of the requirements of subsection (b) or subsection (c), as applicable, of this Code section.
(i) The reduction required by this Code section shall be in addition to any other reductions or discounts otherwise offered or provided by the insureTT1
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 39, and the substitute was lost.

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

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

Those voting in the affirmative were Senators:

Abernathy Alien 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

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Langford of 29th Madden Marable Middleton Newbill Oliver Parrish

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

Scott Slotin Thomas Thompson Turner Tysinger

Those not voting were Senators:

Dawkins Egan

Garner (presiding) Starr

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

SR 222. By Senator Perdue of the 18th:
A resolution to create the Senate Study Committee for a Seamless Education System.

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 Day Dean

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

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

Those not voting were Senators:

Dawkins Farrow Garner (presiding)

Madden Middleton Oliver

Ralston Slotin Starr

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

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

MONDAY, MARCH 22, 1993

1809

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

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.
Senate Sponsor: Senator Kemp of the 3rd.

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

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

Those voting in the affirmative were Senators:

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 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 Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Edge Garner (presiding)

Isakson Oliver

Starr

On the passage of the bill, the yeas were 51, 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 198. By Senator Thomas of the 10th:
A resolution creating the Senate Study Committee on the Regulation of Tattooing.

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 Bowen Broun of 46th Brown of 26th Burton 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 Ray Robinson Scott Slotin Taylor Thomas Thompson Turner Tysinger Walker

Voting in the negative was Senator Ralston.

Those not voting were Senators:

Cheeks

Isakson

Starr

Garner (presiding)

On the adoption of the resolution, the yeas were 51, nays 1.

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

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

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.
Senate Sponsor: Senator Walker of the 22nd.

The Senate Committee on Health and Human Services offered the following substitute to HB 920:

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 provide for a short title; to provide for intent; to provide for definitions; to prohibit certain financial arrangements between referring health care providers and other providers of health care services; to provide for grounds for disciplinary action; to provide for disclosure of ownership and financial interests; to provide for violations; to provide for penalties; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

MONDAY, MARCH 22, 1993

1811

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 adding, following Chapter 1A, a new Chapter IB to read as follows:
"CHAPTER IB
43-1B-1. This chapter shall be known and may be cited as the 'Patient Self-referral Act of 1993.'
43-1B-2. It is recognized by the General Assembly that the referral of a patient by a health care provider to a provider of designated health care services in which the health care provider has an investment interest represents a potential conflict of interest. The General Assembly finds that these referral practices may limit or eliminate competitive alternatives in the health care services market, may result in overutilization of health care services, may increase costs to the health care system, and may adversely affect the quality of health care. The General Assembly also recognizes, however, that it may be appropriate for health care providers to own entities providing health care services, and to refer patients to such enti ties, as long as certain safeguards are present in the arrangement. It is the intent of the General Assembly to provide guidance to health care providers regarding prohibited patient referrals between health care providers and entities providing health care services and to protect the citizens of Georgia from unnecessary and costly health care expenditures.
43-1B-3. As used in this chapter, the term:
(1) 'Board' means any state examining board which, under the laws of this state, li censes, registers, or in any other way regulates any health care provider to whom this chap ter applies.
(2) 'Designated health services' means clinical laboratory services, physical therapy ser vices, rehabilitation services, diagnostic imaging services, pharmaceutical services, and out patient surgical services.
(3) 'Entity' means any individual, partnership, firm, corporation, or other business entity.
(4) 'Fair market value' means value in arm's length transactions consistent with the general market value and, with respect to rentals or leases, the value of rental property for general commercial purposes, not taking into account its intended use, and, in the case of a lease of space, not adjusted to reflect the additional value the prospective lessee or lessor would attribute to the proximity or convenience to the lessor where the lessor is a potential source of patient referrals to the lessee.
(5) 'Group practice' means a. group of two or more health care providers legally organ ized as a partnership, professional corporation, or similar association:
(A) In which each health care provider who is a member of the group provides substan tially the full range of services which the health care provider routinely provides, including medical care, consultation, diagnosis, or treatment, through the joint use of shared office space, facilities, equipment, and personnel;
(B) For which substantially all of the services of the health care providers who are members of the group are provided through the group and are billed in the name of the group and amounts so received are treated as receipts of the group; and
(C) In which the overhead expenses of and the income from the practice are distributed in accordance with methods previously determined by members of the group.
(6) 'Health care provider' means a physician, chiropractor, podiatrist, optometrist, pharmacist, or physical therapist who is licensed or otherwise regulated under this title or Title 26.
(7) 'Immediate family member' means a health care provider's spouse, child, child's spouse, grandchildren, grandchild's spouse, parent, parent-in-law, or sibling.

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(8) 'Investment interest' means an equity or debt security issued by an entity, includ ing, without limitation, shares of stock in a corporation, units or other interests in a partner ship, bonds, debentures, notes, or other equity interests or debt instruments. The following investment interests shall be excepted from this definition:
(A) An investment interest in an entity that is a provider of a designated health service in a rural area;
(B) An investment interest in notes, bonds, debentures, or other debt instruments is sued by an entity which provides designated health services, as an integral part of a plan by such entity to acquire such investor's equity investment interest in the entity, provided that the interest rate is consistent with fair market value, and that the maturity date of the notes, bonds, debentures, or other debt instruments issued by the entity to the investor is not later than July 1, 1996;
(C) An investment interest in real property resulting in a landlord-tenant relationship between the health care provider and the entity in which the equity interest is held, unless the rent is determined, in whole or in part, by the business volume or profitability of the tenant or exceeds fair market value;
(D) A financial relationship between a university, college, or other entity providing edu cation and training in the health sciences, including its owned and affiliated hospitals, and any entity or entities through which its faculty and employees who are health care providers provide designated health services; or
(E) A investment interest in a publicly held corporation with total assets over $50 mil lion whose shares are traded on a national exchange or over-the-counter market if the in vestment interest is less than 1 percent of the corporation, there are no special stock classes for health care provider investors, and no income from the investment interest is tied to the volume of referrals.
(9) 'Investor' means a health care provider or entity owning a legal or beneficial owner ship or investment interest, directly or indirectly, including, without limitation, through an immediate family member, trust, or another entity related to the investor within the mean ing of 42 C.F.R. subsection 413.17, in an entity.
(10) 'Referral' means any referral of a patient for health care services, including, with out limitation:
(A) The forwarding of a patient by a health care provider to another health care pro vider or to an entity which provides or supplies designated health services or any other health care item or service;
(B) The request or establishment of a plan of care by health care provider which in cludes the provision of designated health services or other health care item or service; or
(C) The following orders, recommendations, or plans of care shall not constitute a refer ral by a health care provider:
(i) By a radiologist for diagnostic imaging services;
(ii) By a health care provider specializing in the provision of radiation therapy services for such services;
(iii) By a health care provider referring within the health care provider's group practice;
(iv) By a pathologist for diagnostic clinical laboratory tests and pathological examina tion services, if furnished by or under the supervision of such pathologist pursuant to a consultation requested by another health care provider;
(v) By a staff health care provider of a hospital referring a patient to the hospital at which the health care provider has current staff privileges;
(vi) By a health care provider for items or services provided by the health care provider or by a member of a group practice to the patients of that health care provider or group

MONDAY, MARCH 22, 1993

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practice or items or services provided or performed at the direction or under the supervision of such a health care provider or group practice; or
(vii) By a provider when the patient is in need of emergency health care services where any delay in treatment could reasonably be expected to jeopardize the life or health of the person affected or could reasonably result in disfigurement or impaired faculties.
(11) 'Rural area' means a county with a population density of no greater than 65 per sons per square mile, as defined by the United States decennial census of 1990.
43-1B-4. Except as provided in this Code section:
(1) A health care provider may not refer a patient for the provision of designated health services to an entity in which the health care provider has an investment interest. This prohibition includes any consideration paid as compensation or in any manner which is a product of, or incident to, or in any other way related to any membership, proprietary inter est, or co-ownership with an individual, group, or organization to whom patients, clients, or customers are referred or to any employer-employee or independent contractor relationship including, without limitation, those that may occur in a limited partnership, profit-sharing arrangement, or other similar arrangement with any person licensed under this title to whom these patients are referred;
(2) A board shall encourage the use by licensees of the declaratory statement procedure to determine the applicability of this Code section or any rule adopted pursuant to this Code section as it applies solely to the licensee. The board shall determine the name of any entity in which a health care provider investment interest has been approved pursuant to this Code section and the board shall adopt rules providing for periodic quality assurance and utilization review of such entities;
(3) No claim for payment may be presented by a health care provider or an entity to any individual, third-party payor, or other entity for a service furnished pursuant to a refer ral prohibited under this Code section;
(4) If the health care provider or entity collects any amount that was billed in violation of this Code section, the health care provider or entity shall refund such amount on a timely basis to the payor or individual, whichever is applicable;
(5) Any person who presents or causes to be presented a bill or a claim for service that such person knows or should know is for a service for which payment may not be made under paragraph (3) of this Code section and for which a refund has not been made under paragraph (4) of this Code section shall be subject to a civil penalty of not more than $15,000.00 for each such service;
(6) Any health care provider or other entity that enters into an arrangement or scheme, such as a cross-referral arrangement, which the health care provider or entity knows or should know has a principal purpose of assuring referrals by the health care provider to a particular entity which, if the health care provider directly made referrals to such entity, would be in violation of this Code section shall be subject to a civil penalty of not more than $50,000.00 for each such circumvention arrangement or scheme; and
(7) A violation of this Code section by a health care provider shall constitute grounds for disciplinary action to be taken by the health care provider's respective board, including the potential for license revocation.
43-1B-5. (a) A health care provider shall not refer a patient to an entity in which such health care provider has an investment interest unless, prior to the referral, the health care provider furnishes the patient with a written disclosure form, informing the patient of:
(1) The existence of the investment interest;
(2) The name and address of each applicable entity in which the referring health care provider is an investor; and
(3) The patient's right to obtain the items or services for which the patient has been

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referred at the location or from the health care provider or supplier of the patient's choice unless otherwise restricted by law, including the entity in which the referring health care provider is an investor.
(b) The health care provider shall post a copy of the disclosure form provided for in subsection (a) of this Code section in a conspicuous public place in the health care pro vider's office.
(c) The provisions of this Code section shall apply to all referrals made prior to July 1, 1996, and to referrals expressly exempted from the prohibitions contained in this chapter on and after that date. Nothing in this Code section shall be construed so as to authorize any referral otherwise prohibited by this chapter on and after July 1, 1996.
(d) A violation of this Code section shall be grounds for disciplinary action by the board.
43-1B-6. The provisions of this chapter shall not apply to or prohibit the referral of patients to any entity or facility providing designated health services if there is a demon strated patient need in the community for the facility or service and there are not other reasonably available sources of financing for the construction or operation of such a facility in such community. Demonstrated patient need may include the lack of any other facility of reasonable quality, similar service, or lower price or when the use of an existing facility is too onerous or creates a hardship for the patient, including, but not limited to, travel dis tance or time, or undue delay in receiving services, if the facility is found to replace out dated or obsolete hospital equipment in federally designated health manpower shortage ar eas, or for any other reason as approved and determined by the State Health Planning Agency.
43-1B-7. (a) No health care provider shall exploit a patient in any way, as by inappro priate or unnecessary utilization of health care services, diagnostic services, or therapeutic services.
(b) A patient shall at all times have freedom of choice in the selection of health care services.
43-1B-8. Except for purposes of disclosure, as described in Code Section 43-1B-5, the provisions of this chapter shall not apply to referrals pursuant to Chapter 9 of Title 34, relating to workers' compensation, or the rules of the State Board of Workers' Compensation."
Section 2. This Act shall become effective July 1, 1993, and shall apply to referrals for designated health services and other health care items or services made on or after July 1, 1993, provided that with respect to an investment interest acquired by an investor before July 1, 1993, Code Section 43-1B-4 shall not apply to referrals for designated health services and other health care items or services occurring before July 1, 1996.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senators Walker of the 22nd and Robinson of the 16th offered the following amendment:
Amend the substitute to HB 920 offered by the Senate Committee on Health and Human Services by adding "to provide for exceptions to the applicability of such provi sions;" following "applicability;" on line 10 of page 1.
By deleting "pharmaceutical services," from line 23 of page 2 and "pharmacist," from line 28 of page 3, by deleting "or Title 26" from line 30 of page 3, and by adding "solely" following "service" on line 11 of page 4.
By striking "the" and inserting "such" on line 27 of page 6, by striking "a group" and inserting "such health care provider's group" on line 28 of page 6, and by deleting "a" from line 33 of page 6.

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By adding "health care" preceding "provider" on line 1 of page 7 and by deleting "or could reasonably result in disfigurement or impaired faculties" from lines 6 through 8 of page 7.
By adding ", and, further, a third-party payor may request annually and receive from the health care provider a copy of the disclosure form provided for in subsection (a) of Code Section 43-1B-5" following "section" on line 11 of page 8.
By deleting the "and" from the end of line 2 of page 9, by redesignating paragraph (7) on line 3 of page 9 as paragraph (8) and by adding between lines 2 and 3 of page 9 a new paragraph (7) as follows:
"(7) Any health care provider or entity that divides fees or agrees to divide fees received for a designated health service with any health care provider or entity solely for referring a patient shall be subject to a civil penalty of not more than $15,000.00 for each such service. The board shall develop rules regarding the prohibition of fee division and charging of fees solely for referral of a patient; and".
By adding "approved by the health care provider's respective board" following "form" on line 12 of page 9.
By striking lines 3 through 26 of page 10 and inserting the following:
"43-1B-6. (a) The provisions of Code Section 43-1B-4 shall not prohibit nor apply to the referral of patients to any entity or facility providing designated health services if there is no entity or facility of reasonable quality, price, or service in the community, alternative financing is not reasonably available, and all the following requirements are met:
(1) No health care provider shall be required to make referrals or otherwise generate business as a condition for becoming or remaining an investor, and all other individuals are given a bona fide opportunity to invest in the facility on the same terms as a referring health care provider;
(2) The facility shall not loan funds nor guarantee loans for referring health care prov iders, nor shall the income from the investment be based on the volume of referrals made by the health care provider;
(3) The health care provider complies with Code Section 43-1B-5, requiring disclosure of the investment interest to the patient; and
(4) The facility shall provide uncompensated health services for indigent or charity pa tients at a standard which meets or exceeds 3 percent of the gross revenues of the facility after provisions for bad debts and third-party adjustments have been deducted. The ser vices offered shall be reasonably financially accessible to the residents of the facility's ser vice area.
(b) The provisions of this Code section shall be regulated by the State Health Planning Agency.".
By striking "43-1B-8" and inserting "43-1B-7" on line 27 of page 10 and by adding "from a physician listed on a valid panel of physicians treating the claimant" following "re ferrals" on line 29 of page 10.
By striking line 32 of page 10 and inserting in lieu thereof the following:
"Workers' Compensation.
43-1B-8. Notwithstanding the provisions of this chapter, this chapter shall not apply to any health care provider or to any designated health service if the financial interest of such health care provider in such designated health service is restricted or regulated pursuant to any federal law which is applicable to such health care provider or designated health service and which covers private paying patients as well as medicare or Medicaid patients.'"

1816

JOURNAL OF THE SENATE

Senators Oliver of the 42nd, Madden of the 47th, Ralston of the 51st and Muggins of the 53rd offered the following amendment:

Amend the amendment offered by Senators Walker of the 22nd and Robinson of the 16th to the substitute to HB 920 offered by the Senate Committee on Health and Human Services by deleting "pharmaceutical services" from line 23 of page 2 and "pharmacist" from line 28 of page 3.

On the adoption of the amendment offered by Senators Oliver of the 42nd, Madden of the 47th, Ralston of the 51st and Huggins of the 53rd, 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 Blitch Boshears

Bowen

,

Broun of 46th

BBruorwtonn of 26th

Cheeks

Qlay

Crotts

Dawkins

Day

Dean Edge Egan
Gillis Gochenour ",,.l,,U . Huggins Isakson Langford of 29th Marable Middleton

Newbill Oliver Ragan of llth
Ralston Ray ^,,l. o't.m Starr Taylor Thompson Turner Tysinger

Those voting in the negative were Senators:

Alien Balfour ^FCaaor.ulregomhwan Glanton Harbison

Hemmer Henson H.K..oemokps Langford of 35th Parrish

Perdue Pollard RRaogbainnsoonf 32nd Scott Walker

Those not voting were Senators:

Garner (presiding)

Madden

Thomas

On the adoption of the amendment, the yeas were 34, nays 19, and the amendment offered by Senators Oliver of the 42nd, Madden of the 47th, Ralston of the 51st and Huggins of the 53rd was adopted.

Senator Egan of the 40th offered the following amendment:

Amend the amendment offered by Senators Walker of the 22nd and Robinson of the 16th to the substitute to HB 920 offered by the Senate Committee on Health and Human Services by striking the word "solely" on lines 4 and 8 of page 2.

On the adoption of the amendment offered by Senator Egan of the 40th, the yeas were 16, nays 35, and the amendment was lost.

On the adoption of the amendment offered by Senators Walker of the 22nd and Robin son of the 16th to the substitute to HB 920 offered by the Senate Committee on Health and Human Services, the yeas were 43, nays 0, and the amendment was adopted as amended.

Senator Edge of the 28th offered the following amendment:

Amend the substitute to HB 920 offered by the Senate Committee on Health and

MONDAY, MARCH 22, 1993

1817

Human Services by striking on page 4, line 22, the number "1996" and inserting in lieu thereof the number "1995";
Also by striking on page 9, line 29, the number "1996" and inserting in lieu thereof the number "1995";
Also by striking on page 9, line 34, the number "1996" and inserting in lieu thereof the number "1995"; and
Also by striking on page 11, line 8, the number "1996" and inserting "1995".
On the adoption of the amendment offered by Senator Edge of the 28th, the yeas were 15, nays 31, and the amendment was lost.
Senator Slotin of the 39th offered the following amendment:
Amend the substitute to HB 920 offered by the Senate Committee on Health and Human Services by adding following the word "interest" on line 10 of page 9 the following:
"nor shall a physician refer a patient to an entity providing home infusion services if such physician has an investment interest in such entity".
On the adoption of the amendment offered by Senator Slotin of the 39th, the yeas were 5, nays 34, and the amendment was lost.
Senator Oliver of the 42nd offered the following amendment:
Amend the substitute to HB 920 offered by the Senate Committee on Health and Human Services by adding "home infusion services," following "pharmaceutical services," on line 23 of page 2.
Senator Oliver of the 42nd asked unanimous consent that her amendment be with drawn; the consent was granted and the amendment was withdrawn.
Senator Oliver of the 42nd offered the following amendment:
Amend the substitute to HB 920 offered by the Senate Committee on Health and Human Services by adding before the semicolon on line 14 of page 9 the following:
"and whether the health care provider receives a direct financial benefit for the making of the referral"
Senator Oliver of the 42nd asked unanimous consent that her amendment be with drawn; the consent was granted, and the amendment was withdrawn.
Senator Thompson of the 33rd offered the following amendment:
Amend the substitute to HB 920 offered by the Senate Committee on Health and Human Services by striking line 32 of page 10 and inserting in lieu thereof the following:
"Workers' Compensation or to referrals of doctors of chiropractic to entities in which they have an interest when there are no other entities in the county which will accept refer rals for that specific designated health service from chiropractors.'"
On the adoption of the amendment offered by Senator Thompson of the 33rd, the yeas were 8, nays 31, and the amendment was lost.
On the adoption of the substitute, the yeas were 40, nays 0, and the substitute was adopted as amended.

1818

JOURNAL OF THE SENATE

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 Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp 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

Those not voting were Senators:

Garner (presiding)

Langford of 35th

Madden

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

Mr. President:

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

SB 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 House has passed, by substitutes, by the requisite constitutional majority the fol lowing bills of the Senate:

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

MONDAY, MARCH 22, 1993

1819

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 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 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.

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.

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

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.
The President resumed the Chair.

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

HR 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,
Senate Sponsor: Senator Gillis of the 20th.

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

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour

Baugh Blitch Boshears

Bowen Broun of 46th Brown of 26th

1820

JOURNAL OF THE SENATE

Burton Cheeks Clay Crotts Dawkins Day
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:

Coleman Edge

Garner

Scott

On the adoption of the resolution, the yeas were 52, nays 0.

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

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.
Senate Sponsors: Senators Thomas of the 10th and Henson of the 55th.

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

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour
Bau8h BBDBCohrllowetuceehnknsof, 4.-6,.t,h Coleman Dean Farrow Gillis Harbison

Hemmer Henson Hill
Hooks TLKHvauenmgggpfcionrsd, of 35th, Langford of 29th Madden Marable Middleton Oliver

Parrish Perdue Pollard
Ragan of llth RrR>aogub-ainnsoonf 32nd Scott Slotin Thomas Thompson Turner Walker

MONDAY, MARCH 22, 1993

1821

Those not voting were Senators:

Boshears Brown of 26th
Crotts Dawkins Day

Edge Egan
Garner Glanton Gochenour Isakson

Newbill Ralston
Ray Starr Taylor Tysinger

On the passage of the bill, the yeas were 37, nays 0.

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

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

HB 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.
Senator Middleton of the 50th moved that the Senate insist upon the Senate substitute to HB 265.
On the motion, the yeas were 29, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 265.
Senator Garner of the 30th, President Pro Tempore, resumed the Chair.
The following resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption:

SR 55. By Senator Henson of the 55th: A resolution to create the Senate Electrology Study Committee.

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

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

Those voting in the affirmative were Senators:

Abernathy Alien Baugh Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Coleman Dean Farrow

Gillis Harbison 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 Ray Robinson Scott Slotin Starr

1822

JOURNAL OF THE SENATE

Taylor Thomas

Thompson Turner

Those not voting were Senators:

Balfour Blitch Clay Crotts Dawkins

Day Edge Egan Garner (presiding) Glanton

Walker
Gochenour Isakson Perdue Ralston Tysinger

On the adoption of the resolution, the yeas were 41, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

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

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.
Senate Sponsor: Senator Pollard of the 24th.

The Senate Committee on Insurance and Labor offered the following amendment:
Amend HB 677 by striking on line 33 of page 2 the following: "insurance company", and inserting in lieu thereof the following: "licensed rating organization". By striking lines 1 through 3 of page 3 and inserting in lieu thereof the following: "to the insured.'".

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

Senator Isakson of the 21st offered the following amendment:
Amend HB 677 by striking line 7 of page 1 and inserting in lieu thereof the following:
"under a workers' compensation insurance policy; to provide that no person shall solicit membership or participation in any workers' compensation self-insurance 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 or except under certain other condi tions; to repeal".
By striking line 4 of page 3 and inserting in lieu thereof the following:
"Section 3. Said chapter is further amended by designating the existing wording of Code Section 34-9-155, relating to admission of new members into workers' compensation

MONDAY, MARCH 22, 1993

1823

self-insurance funds, as subsection (b) and by inserting immediately preceding such subsec tion the following:
'(a) No person shall solicit membership or participation in any fund unless such person:
(1) Has a valid agent's license for property and casualty insurance or a counselor's li cense issued pursuant to Article 1 of Chapter 23 of Title 33; or
(2) Is an officer, director, or employee of:
(A) A professional association or trade association; or
(B) A corporation with its income exempt pursuant to Section 115 of the United States Internal Revenue Code.'
Section 4. All laws and parts of laws in conflict".
On the adoption of the amendment, the yeas were 38, nays 0, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

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 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 Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Garner (presiding) Harbison

Huggins Parrish

Perdue Walker

On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed as amended.

1824

JOURNAL OF THE SENATE

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

SR 313. By Senators Thompson of the 33rd, Marable of the 52nd, Robinson of the 16th and Garner of the 30th:
A resolution creating the Senate Study Committee on Children At Risk.

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 Harbison 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 Robinson Scott Slotin Starr Taylor Thomas Thompson Tysinger

Those not voting were Senators:

Garner (presiding) Hemmer

Parrish Ray

Turner Walker

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

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

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

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.
Senate Sponsor: Senator Coleman of the 1st.

The Senate Committee on Transportation offered the following substitute to HB 966:

A BILL To be entitled an Act to amend Title 32 of the Official Code of Georgia Annotated,

MONDAY, MARCH 22, 1993

1825

relating to highways, so as to enact the Interstate Rail Passenger Network Compact; to pro vide for policy and intent; to provide for a joint rail passenger network financial and eco nomic impact study; to provide for creation of the interstate rail passenger advisory council; to provide for membership, powers, and duties; to provide for construction; to provide for severability; 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 32 of the Official Code of Georgia Annotated, relating to highways, is amended by adding a new Chapter 11 to read as follows:
"CHAPTER 11
32-11-1. The interstate rail passenger network compact is ratified, enacted, and entered into by the State of Georgia with all other states joining the compact in the form substan tially as this chapter.
32-11-2. It is the policy of the states party to this compact to cooperate and share the administrative and financial responsibilities concerning the planning of an interstate rail passenger network system connecting major cities in Illinois, Ohio, Indiana, Kentucky, Ten nessee, Georgia, and Florida. The participating states agree that a rail passenger system would provide a beneficial service and would be enhanced if operated across state lines.
32-11-3. (a) The states of Illinois, Ohio, Indiana, Kentucky, Tennessee, Georgia, and Florida (referred to in this chapter as 'participating states') agree, upon adoption of this compact by the respective states, to jointly conduct and participate in a rail passenger net work financial and economic impact study. The study must do the following:
(1) Carry forward research previously performed by the national railroad passenger cor poration (Amtrak) (report issued December 1990) for purposes of evaluating a representa tive service schedule, train running times, and associated costs.
(2) Include consideration of the following:
(A) The purchase of railroad equipment by a participating state and the lease of the railroad equipment to Amtrak.
(B) The recommendation that a member of the council serve on the Amtrak board of directors.
(C) The periodic review of projected passenger traffic estimates on all alternative routes.
(D) Any other matter related to the financial and economic impact of a rail passenger network along all alternative routes.
(b) Information and data collected during the study under subsection (a) of this Code section that is requested by a participating state or a consulting firm representing a partici pating state or the compact may be made available to the state or firm. However, the infor mation may not include matters not of public record or of a nature considered to be privi leged and confidential unless the state providing the information agrees to waive the confidentiality.
32-11-4. The participating states agree to do the following:
(1) Make available to each other and to a consulting firm representing a participating state or the compact assistance that is available, including personnel, equipment, office space, machinery, computers, engineering, and technical advice and services.
(2) Provide financial assistance for the implementation of the feasibility study that is available.
32-11-5. The interstate rail passenger advisory council (referred to in this compact as the 'council') is created. The membership of the council consists of three individuals from

1826

JOURNAL OF THE SENATE

each participating state. The Governor, President of the Senate, and Speaker of the House of Representatives shall each appoint one member of the council.
32-11-6. The council shall do the following:
(1) Meet within 30 days after ratification of this agreement by at least two participating states.
(2) Establish rules for the conduct of the council's business, including the payment of the reasonable and necessary travel expenses of council members.
(3) Coordinate all aspects of the rail passenger financial and economic impact study under Code Section 32-11-3.
(4) Contract with persons, including institutions of higher education, for performance of any part of the study under Code Section 32-11-3.
(5) Upon approval of the study, negotiate the proportionate share that each state will contribute toward the implementation and management of the proposed restoration of the interstate rail passenger system.
(6) Make recommendations to each participating state legislature concerning the results of the study required by this chapter.
32-11-7. This compact becomes effective upon the adoption of the compact into law by at least two of the participating states. Thereafter, the compact becomes effective for an other participating state upon the enactment of the compact by the state.
32-11-8. This compact continues in force with respect to a participating state and re mains binding upon the state until six months after the state has given notice to each other participating state of the repeal of this chapter. The withdrawal may not be construed to relieve a participating state from an obligation incurred before the end of the state's partici pation in the compact.
32-11-9. (a) This compact shall be liberally construed to effectuate the compact's purposes.
(b) The provisions of this compact are severable. If:
(1) A phrase, clause, sentence, or provision of this compact is declared to be contrary to the Constitution of a participating state or of the United States; or
(2) The applicability of this compact to a government, an agency, a person, or a circum stance is held invalid,
the validity of the remainder of this compact and the compact's applicability to any govern ment, agency, person, or circumstance is not affected.
(c) If this compact is held contrary to the Constitution of a participating state, the compact remains in effect for the remaining participating states and in effect for the state affected for all severable matters."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

Those voting in the affirmative were Senators:

Abernathy Alien

Balfour Baugh

Blitch Boshenrs

MONDAY, MARCH 22, 1993

1827

Bowen Broun of 46th Brown of 26th Burton Cheeks
CC,, orolettms an Day Dean Edge Egan Farrow Gillis Glanton

Gochenour Harbison Henson Hill Hooks Hugging .KI.s. eamkspon Langford of 35th Langford of 29th Madden
Marable
Middleton
Newbill
Oliver

Perdue Pollard Ragan of llth Ragan of 32nd
Robinson 0SC]co.t..t lotm btarr Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Dawkins Garner (presiding)

Hemmer Parrish

Ralston Walker

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

Mr. President:

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

SB 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 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 House has adopted by the requisite constitutional majority the following resolution of the House:

HR 463. By Representatives Smith of the 169th, Murphy of the 18th, Stephenson of the 25th, Watts of the 26th and Lee of the 94th:
A resolution providing for the placement of a portrait of Mrs. Janette McGarity Barber.

The President resumed the Chair.

1828

JOURNAL OF THE SENATE

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 passage:

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".

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

Farrow Garner Gillis 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 Starr Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Baugh Clay Day

Glanton Huggins Parrish

Slotin Walker

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

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

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.
Senate Sponsor: Senator Perdue of the 18th.

Senators Newbill of the 56th and Egan of the 40th offered the following amendment:

Amend HB 346 by inserting between "fame;" and "to" on line 8 of page 1 the following: "to authorize a county or municipality under certain circumstances to expend a portion

MONDAY, MARCH 22, 1993

1829

of the taxes collected from such levies for the purpose of construction or expansion of pedes trian and bicycle facilities;".
By striking "or (D)" and inserting in its place "er (D)" on line 15 of page 3. By inserting between "therein" and the period on line 20 of page 3 the following:
"; or (E) pedestrian and bicycle facilities".

On the adoption of the amendment, the yeas were 33, 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 Balfour 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 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:

Baugh Dawkins

Huggins Parrish

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.

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

Mr. President:

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

SB 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

1830

JOURNAL OF THE SENATE

define a term; to regulate the carrying of children under certain ages as passen gers 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.
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 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.
The Speaker has appointed on the part of the House, Representatives Childers of the 13th, Barnes of the 33rd and Hudson of the 156th.
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 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.
The Speaker has appointed on the part of the House, Representatives Cummings of the 27th, McBee of the 88th and Twiggs of the 8th.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
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 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 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 Speaker has appointed on the part of the House, Representatives Parham of the 122nd, Bargeron of the 120th and Lord of the 121st.

MONDAY, MARCH 22, 1993

1831

The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
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 House insists on its position in substituting the following bill of the Senate:
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 following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
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.
Senate Sponsor: Senator Oliver of the 42nd.
The Senate Committee on Judiciary offered the following substitute to HB 755:
A BILL
To be entitled an Act to amend Code Section 36-37-6 of the Official Code of Georgia Annotated, relating to disposition of municipal property in general, so as to change the con ditions under which municipal corporations may dispose of property; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 36-37-6 of the Official Code of Georgia Annotated, relating to disposition of municipal property in general, is amended by striking subsections (a) and (c) and inserting in their respective places new subsections to read as follows:
"(a) Except as otherwise provided in subsections (b) through (i) of this Code section, the governing authority of any municipal corporation disposing of any real or personal prop erty of such municipal corporation shall make all such sales to the highest responsible bid der, either by sealed bids or by auction after due notice has been given. Any such municipal corporation shall have the right to reject any and all bids or to cancel any proposed sale. The governing authority of the municipal corporation shall cause notice to be published once in the official legal organ of the county in which the municipality is located or in a newspaper of general circulation in the community, not less than 15 days nor more than 60 days preceding the day of the auction or, if the sale is by sealed bids, preceding the last day for the receipt of proposals. The legal notice shall include a general description of the prop erty to be sold if the property is personal property or a legal description of the property to be sold if the property is real property. If the sale is by sealed bids, the notice shall also contain an invitation for proposals and shall state the conditions of the proposed sale, the address at which bid blanks and other written materials connected with the proposed sale

1832

JOURNAL OF THE SENATE

may be obtained, and the date, time, and place for the opening of bids. If the sale is by auction, the notice shall also contain the conditions of the proposed sale and shall state the date, time, and place of the proposed sale. Bids received in connection with a sale by sealed bidding shall be opened in public at the time and place stated in the legal notice. A tabula tion of all bids received shall be available for public inspection following the opening of all bids. All such bids shall be retained and kept available for public inspection for a period of not less than 60 days from the date on which such bids are opened. The provisions of this subsection shall not apply to any transactions authorized in subsection (b) through (i) of this Code section."
"(c) Nothing in this Code section shall prevent a municipal corporation from trading or swapping property with another property owner if such trade or awap ia deemed to be in the beat-intcfcat of the municipal corporation exchanging real property belonging to the munici pal corporation for other real property where the property so acquired by exchange shall be of equal or greater value than the property previously belonging to the municipal corpora tion; provided, however, that within six weeks preceding the closing of any such proposed exchange of real property, a notice of the proposed exchange of real property shall be pub lished in the official organ of the municipal corporation once a week for four weeks. The value of both the property belonging to the municipal corporation and that to be acquired through the exchange shall be determined by appraisals and the value so determined shall be approved by the proper authorities of said municipal corporation."
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 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:

Abernathy Alien Balfour Boshears Bowen Broun of 46th Brown of 26th
BChuerteokns Clay Coleman Crotts Dawkins Day Dean Edge Farrow

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

Oliver Perdue Pollard Ragan of llth Ragan of 32nd Ralston R
Robinson Scott
lotm htarr Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Baugh Blitch

Egan Garner

Parrish Walker

MONDAY, MARCH 22, 1993

1833

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

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

The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon:

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.

The Conference Committee report on HB 259 was as follows:
The Committee of Conference on HB 259 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 259 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Harrill L. Dawkins Senator, 45th District
/s/ Charles W. Walker Senator, 22nd District
/s/ Wayne Garner Senator, 30th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Terry L. Coleman Representative, 142nd District
is/ Larry Walker Representative, 141st District
/s/ Thomas B. Buck, III Representative, 135th District

Conference Committee substitute to HB 259:

A BILL
To be entitled an Act to make and provide appropriations for the State Fiscal Year beginning July 1, 1993, and ending June 30, 1994; to make and provide such appropriations for the operation of the State government, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants author ized by law; to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1993, and ending June 30, 1994, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and the General Funds of the State, includ ing unappropriated surplus, reserves and a revenue estimate of $8,712,500,000 (excluding indigent trust fund receipts and lottery receipts) for State Fiscal Year 1994.
PART I.
LEGISLATIVE BRANCH
Section 1. General Assembly. Budget Unit: General Assembly ....................... $22,625,363 Personal Services--Staff ............................. $11,507,461 Personal Services--Elected Officials ...................... $3,632,028

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JOURNAL OF THE SENATE

Regular Operating Expenses ............

....... $2,639,954

Travel--Staff ........................

.......... $74,500

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

.......... $7,000

Capital Outlav ........................

.......... $--0--

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

...... $147,000

Computer Charges ....................

......... $586,000

Real Estate Rentals ...................

........... $5,000

Telecommunications ...................

..... $654,000

Per Diem, Fees and Contracts--Staff . . .

....... $146,552

Per Diem, Fees and Contracts--Elected C)fficials ............. ....... $2,002,568

Photography ..........................

.......... $90,500

Expense Reimbursement Account . . .

. . . $1,132,800

Total Funds Budgeted .................

...... $22,625,363

State Funds Budgeted .................

.... $22,625,363

Senate Functional Budgets Total Funds

State Funds

Senate and Research Office Lt. Governor's Office Secretary of the Senate's Office Total

$

3,593,591 $

3,593,591

$

691,168 $

691,168

$

1,194,849 $

1,194,849

$ 5,479,608 $ 5,479,608

House Functional Budgets Total Funds

State Funds

House of Representatives and Research Office

$ 8,728,384 $ 8,728,384

Speaker of the House's Office Clerk of the House's Office

$

489,009 $

489,009

$ 1,278,016 $ 1,278,016

Total

$ 10,495,409 $ 10,495,409

Joint Functional Budgets Total Funds

State Funds

Legislative Counsel's Office

$ 2,293,420 $ 2,293,420

Legislative Fiscal Office Legislative Budget Office

$ 2,251,457 $ 2,251,457

$

973,058 $

973,058

Ancillary Activities Total

$

1,132,411 $

1,132,411

$ 6,650,346 $ 6,650,346

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

MONDAY, MARCH 22, 1993

1835

Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Ana lyst and for the Legislative Fiscal Office; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Elec tors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Gov ernment, and the payment and receipt of such allowances shall not be in violation of any law.
The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Com mittee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs for which payments are made from funds appropri ated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other appropriations.
Section 2. Department of Audits. Budget Unit: Department of Audits ................................ $15,753,386 Personal Services................................................ $13,309,012 Regular Operating Expenses......................................... $386,000 Travel ............................................................ $521,650 Motor Vehicle Purchases............................................ $115,540 Equipment ......................................................... $15,000 Real Estate Rentals ................................................ $803,184 Per Diem, Fees and Contracts ........................................ $39,000 Computer Charges ................................................. $450,000 Telecommunications ................................................ $114,000 Total Funds Budgeted ........................................... $15,753,386 State Funds Budgeted ........................................... $15,753,386
PART II.
JUDICIAL BRANCH
Section 3. Supreme Court. Budget Unit: Supreme Court........................................ $5,131,909 Personal Services................................................. $4,327,809 Operating Expenses .............................................. $1,489,100 Total Funds Budgeted ............................................ $5,816,909 State Funds Budgeted ............................................ $5,131,909
Section 4. Court of Appeals. Budget Unit: Court of Appeals ...................................... $5,778,182 Personal Services................................................. $5,114,005 Operating Expenses ................................................ $714,177 Total Funds Budgeted ............................................ $5,828,182 State Funds Budgeted ............................................ $5,778,182
Section 5. Superior Courts. Budget Unit: Superior Courts ...................................... $48,888,332 Operation of the Courts ......................................... $47,515,523 Prosecuting Attorneys' Council .................................... $1,840,926 Sentence Review Panel ............................................. $157,415 Council of Superior Court Judges .................................... $126,609 Judicial Administrative Districts ................................... $1,122,075 Total Funds Budgeted ........................................... $50,762,548 State Funds Budgeted ........................................... $48,888,332

1836

JOURNAL OF THE SENATE

Section 6. Juvenile Courts. Budget Unit: Juvenile Courts ......................................... $911,803
Section 7. Institute of Continuing Judicial Education. Budget Unit: Institute of Continuing Judicial Education ................. $639,950 Institute's Operations............................................... $502,250 Georgia Magistrate Courts Training Council .......................... $137,700 Total Funds Budgeted .............................................. $780,950 State Funds Budgeted .............................................. $639,950
Section 8. Judicial Council. Budget Unit: Judicial Council....................................... $2,286,773 Council Operations ............................................... $1,166,784 Case Counting ...................................................... $76,500 Board of Court Reporting ............................................ $41,689 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 Council of Superior Court Clerks .......................... $33,800 Payment to Resource Center ........................................ $250,000 Payment to Computerized Information Network ...................... $660,000 Total Funds Budgeted ............................................ $2,286,773 State Funds Budgeted ............................................ $2,286,773
Section 9. Judicial Qualifications Commission. Budget Unit: Judicial Qualifications Commission ........................ $146,228
Section 10. Indigent Defense Council. Budget Unit: Indigent Defense Council .............................. $1,000,000
PART III.
EXECUTIVE BRANCH
Section 11. Department of Administrative Services. A. Budget Unit: Department of Administrative Services ............... $37,152,352
Personal Services................................................ $48,140,667 Regular Operating Expenses...................................... $12,388,068 Travel ............................................................ $259,300 Motor Vehicle Purchases............................................ $270,400 Equipment ...................................................... $1,632,804 Computer Charges .............................................. $11,272,599 Real Estate Rentals .............................................. $2,937,687 Telecommunications .............................................. $4,827,483 Per Diem, Fees and Contracts ....................................... $419,425 Rents and Maintenance Expense ................................. $11,289,500 Utilities ............................................................ $41,000 Payments to DOAS Fiscal Administration .......................... $2,750,000 Direct Payments to Georgia Building Authority for Capital Outlay...... $500,000 Direct Payments to Georgia Building Authority for Operations ..... $2,572,514 Telephone Billings .............................................. $45,416,967 Radio Billings ..................................................... $440,600 Materials for Resale ............................................. $16,500,000 Public Safety Officers Indemnity Fund ............................... $150,000 Health Planning Review Board Operations ............................ $35,000 Total Funds Budgeted .......................................... $161,844,014 State Funds Budgeted ........................................... $37,152,352

MONDAY, MARCH 22, 1993

1837

Department of Administrative Services Functional Budgets Total Funds

Executive Administration

$

1,816,621 $

Departmental Administration

$ 5,922,815 $

Statewide Systems

$ 10,968,692 $

Space Management

$

477,122 $

Procurement Administration

$ 2,840,463 $

General Services

$

469,465 $

Central Supply Services

$ 16,906,230 $

Data Processing Services

$ 49,503,674 $

Motor Vehicle Services

$ 3,699,878 $

Communication Services

$ 57,531,241 $

Printing Services

$ 6,377,920 $

Surplus Property

$

1,655,411 $

Mail and Courier Services

$

1,164,587 $

Risk Management

$ 2,070,847 $

State Properties Commission

$

439,048 $

Total

$ 161,844,014 $

State Funds 550,758
5,890,426 8,218,692
477,122 2,840,463
-- 0-- -- 0-- 12,885,843 --0-- 5,850,000 -- 0-- -- 0-- -- 0-- -- 0-- 439,048 37,152,352

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 ........................ Facilities Renovations and Repairs ............ Total Funds Budgeted ....................... State Funds Budeeted .......................

.......... $--0-- ...... $18,939,392 ....... $5,265,584 .......... $19,700 ......... $434,500 ......... $221,410 ......... $108,600
..... $17,500 ......... $158,886 ......... $265,000 .......... $--0--
...... $7,240,000 ......... $356,800 .......... $--0-- ...... $33,027,372
........ $--0--

Georgia Building Authority Functional Budgets Total Funds

Grounds Custodial Maintenance Security Van Pool Sales Administration Railroad Excursions

$

1,402,690

$

5,224,225

$

4,064,128

$

5,622,425

$

383,786

$

4,454,562

$ 10,098,197

$

1,777,359

Facility Renovations

Total

$ 33,027,372

State Funds

--0-- --0--

--0-- --0-- --0-- --0--

$

--0--

1838

JOURNAL OF THE SENATE

Section 12. Agency for the Removal of Hazardous Materials. Budget Unit: Agency for the Removal of Hazardous Materials ........... $105,478 Personal Services.................................................... $86,278 Regular Operating Expenses.......................................... $10,800 Travel .............................................................. $8,000 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 .............................................. $105,478 State Funds Budgeted .............................................. $105,478

Section 13. Department of Agriculture. A. Budget Unit: Department of Agriculture .......................... $33,908,417
Personal Services................................................ $29,639,196 Regular Operating Expenses....................................... $4,079,695 Travel ............................................................ $915,170 Motor Vehicle Purchases............................................ $379,616 Equipment ........................................................ $396,337 Computer Charges ................................................. $281,807 Real Estate Rentals ................................................ $787,510 Telecommunications ................................................ $395,000 Per Diem, Fees and Contracts ..................................... $1,173,236 Market Bulletin Postage ............................................ $860,000 Payments to Athens and Tifton Veterinary Laboratories ............. $2,470,000 Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas,
Oakwood, and Statesboro ....................................... $1,955,063 Veterinary Fees .................................................... $412,000 Indemnities........................................................ $127,000 Advertising Contract ............................................... $175,000 Payments to Georgia Agrirama Development Authority for Operations . . $573,546 Renovation, Construction, Repairs and Maintenance Projects
at Major and Minor Markets ...................................... $700,000 Capital Outlay ...................................................... $--0-- Contract--Federation of Southern Cooperatives ........................ $40,000 Boll Weevil Eradication Program ..................................... $60,000 Total Funds Budgeted ........................................... $45,420,176 State Funds Budgeted ........................................... $33,908,417

Department of Agriculture Functional Budgets Total Funds

Plant Industry

$ 5,304,280

Animal Industry

$ 6,934,275

Marketing

$

1,711,995

General Field Forces

$ 3,224,431

Internal Administration

$ 3,416,900

Information and Education

$ 2,038,416

Fuel and Measures

$ 2,954,042

Consumer Protection Field Forces

$ 7,872,585

Meat Inspection

$ 3,932,620

Major Markets

$ 5,014,258

State Funds $ 4,998,280 $ 6,678,275 $ 1,659,995 $ 3,099,431 $ 3,027,400 $ 2,038,416 $ 2,820,642 $ 4,973,042 $ 1,337,482 $ 1,392,658

MONDAY, MARCH 22, 1993

1839

Seed Technology Entomology and Pesticides Total

$

659,578 $

--0--

$ 2,356,796 $ 1,882,796

$ 45,420,176 $ 33,908,417

B. Budget Unit: Georgia Agrirama Development Authority ................ $--0-- Personal Services................................................... $798,896
Regular Operating Expenses......................................... $189,361 Travel .............................................................. $6,000 Motor Vehicle Purchases............................................. $23,000
Equipment ......................................................... $10,000 Computer Charges ................................................... $2,250 Real Estate Rentals ................................................. $--0--
Telecommunications .................................................. $7,500 Per Diem, Fees and Contracts ........................................ $13,939
Capital Outlay ...................................................... $75,000 Goods for Resale ................................................... $104,500
Total Funds Budgeted ............................................ $1,230,446 State Funds Budgeted ............................................... $--0--

Section 14. Department of Banking and Finance. Budget Unit: Department of Banking and Finance .................... $8,301,513
Personal Services................................................. $6,658,535 Regular Operating Expenses......................................... $355,049 Travel ............................................................ $331,059
Motor Vehicle Purchases............................................ $150,623 Equipment ......................................................... $84,727
Computer Charges ................................................. $350,664 Real Estate Rentals ................................................ $287,100 Telecommunications ................................................. $76,256
Per Diem, Fees and Contracts ......................................... $7,500 Total Funds Budgeted ............................................ $8,301,513
State Funds Budgeted ............................................ $8,301,513

Section 15. Department of Children and Youth Services. Budget Unit: Department of Children and Youth Services ............ $84,509,207
Personal Services................................................ $60,762,593 Regular Operating Expenses....................................... $4,276,500 Travel ............................................................ $704,800
Motor Vehicle Purchases............................................ $271,480 Equipment ........................................................ $312,695 Computer Charges ................................................. $486,431
Real Estate Rentals .............................................. $1,313,800
Telecommunications ................................................ $673,600 Per Diem, Fees and Contracts ..................................... $1,582,800 Utilities ......................................................... $1,979,900
Institutional Repairs and Maintenance ............................. $1,161,600 Grants to County-Owned Detention Centers ........................ $2,686,400
Service Benefits for Children ...................................... $9,788,508 Purchase of Service Contracts ....................................... $182,400 Capital Outlay ..................................................... $165,000
Total Funds Budgeted ........................................... $86,348,507 State Funds Budgeted ........................................... $84,509,207

Children and Youth Services Functional Budgets Total Funds

State Funds

Regional Youth Development Centers

$ 21,000,464 $ 20,271,064

Milledgeville State YDC

$ 10,695,484 $ 10,295,784

Augusta State YDC

$ 7,839,418 $ 7,501,118

1840

JOURNAL OF THE SENATE

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

4,409,298 4,738,127 14,329,468 3,043,100
911,500 806,904 10,596,428 821,780 547,340 6,609,196 86,348,507

4,247,498 4,528,027 14,329,468 3,043,100
911,500 806,904 10,596,428 821,780 547,340 6,609,196 84,509,207

Section 16. Department of Community Affairs. Budget Unit: Department of Community Affairs ..................... $20,754,011 Personal Services................................................. $5,488,328 Regular Operating Expenses......................................... $230,905 Travel ......................................................... $160,820 Motor Vehicle Purchases............................................. $--0-- Equipment .......................................................... $2,000 Computer Charges ................................................. $152,730 Real Estate Rentals ................................................ $549,167 Telecommunications ................................................. $45,883 Per Diem, Fees and Contracts ....................................... $247,034 Capital Felony Expenses ............................................. $--0-- Contracts with Regional Development Commissions ................. $2,272,825 Local Assistance Grants .......................................... $1,691,000 Appalachian Regional Commission Assessment ......................... $94,731 Community Development Block Grants (Federal) .................. $30,000,000 Educational Vouchers .............................................. $250,000 Payments to Music Hall of Fame Authority .......................... $157,323 Payments to Sports Hall of Fame .................................... $50,000 Local Development Fund ........................................... $750,000 Payment to State Housing Trust Fund ............................. $4,625,000 Payment to Georgia Housing Finance Authority..................... $3,000,000 Payment to Georgia Environmental Facilities Authority.............. $1,690,861 Regional Economic Business Assistance Grants...................... $1,000,000 Local Government Efficiency Grant Program......................... $750,000 Total Funds Budgeted ........................................... $53,208,607 State Funds Budgeted ........................................... $20,754,011

Department of Community Affairs Functional Budgets Total Funds

Office of Commissioner

$ 17,282,597 $

Government Management

$ 1,477,013 $

Financial Assistance

$ 32,059,570 $

Coordinated Planning

$ 2,389,427 $

Total

$ 53,208,607 $

State Funds 15,997,297 1,477,013 1,050,812 2,228,889 20,754,011

Section 17. Department of Corrections. A. Budget Unit: Administration, Institutions and Probation
Personal Services. .................................... Regular Operating Expenses........................... Travel ..............................................

$565,540,860 $393,768,006 . $54,465,552 . . $2,252,550

MONDAY, MARCH 22, 1993

1841

Motor Vehicle Purchases.......................................... $3,213,082 Equipment ...................................................... $3,785,068 Computer Charges ............................................... $6,157,139 Real Estate Rentals .............................................. $5,299,932 Telecommunications .............................................. $5,208,803 Per Diem, Fees and Contracts ..................................... $4,667,815 Capital Outlay ...................................................... $--0-- Utilities ........................................................ $17,148,012 Court Costs........................................................ $575,000 County Subsidy ................................................. $13,255,000 County Subsidy for Jails .......................................... $3,017,200 County Workcamp Construction Grants .............................. $447,000 Central Repair Fund ............................................... $886,000 Payments to Central State Hospital for Meals ...................... $3,766,755 Payments to Central State Hospital for Utilities .................... $1,331,900 Payments to Public Safety for Meals................................. $444,500 Inmate Release Fund ............................................. $1,740,000 Health Services Purchases ....................................... $46,831,281 Payments to MAG for Health Care Certification ....................... $55,000 University of Georgia--Cooperative Extension Service Contracts ........ $337,260 Minor Construction Fund ......................................... $1,304,300 Total Funds Budgeted .......................................... $569,957,155 Indirect DOAS Funding ............................................ $450,000 Georgia Correctional Industries ....................................... $--0-- State Funds Budgeted .......................................... $565,540,860

Departmental Functional Budgets Total Funds

State Funds

Administration

$ 55,589,863 $ 55,087,253

Institutions and Support

$ 415,789,792 $ 414,667,792

Probation

$ 98,577,500 $ 95,785,815

Total

$ 569,957,155 $ 565,540,860

B. Budget Unit: Board of Pardons and Paroles ....................... $37,037,111 Personal Services................................................ $30,135,895 Regular Operating Expenses....................................... $1,202,084 Travel ............................................................ $691,100 Motor Vehicle Purchases............................................. $81,000 Equipment ........................................................ $164,860 Computer Charges ................................................. $470,772 Real Estate Rentals .............................................. $2,526,400 Telecommunications ................................................ $837,500 Per Diem, Fees and Contracts ....................................... $272,500 County Jail Subsidy ................................................ $650,000 Health Services Purchases ............................................ $5,000 Total Funds Budgeted ........................................... $37,037,111 State Funds Budgeted ........................................... $37,037,111

Section 18. Department of Defense. Budget Unit: Department of Defense ................................ $3,858,508 Personal Services................................................. $6,896,883 Regular Operating Expenses....................................... $4,281,541 Travel ............................................................. $21,960 Motor Vehicle Purchases............................................. $13,000 Equipment ......................................................... $23,000 Computer Charges .................................................. $14,100

1842

JOURNAL OF THE SENATE

Real Estate Rentals .......... Telecommunications .......... Per Diem, Fees and Contracts . Capital Outlay ............... Total Funds Budgeted ..... State Funds Budgeted ........

Department of Defense Functional Budgets Total Funds

Office of the Adjutant General

1,322,411

Georgia Air National Guard

4,476,647

Georgia Army National Guard

6,342,174

Total

12,141,232

...... $4,740 .... $54,108 ... $565,900 .... $266,000 . $12,141,232 .. $3,858,508
State Funds 1,153,863
506,931 2,197,714 3,858,508

Section 19. State Board of Education--Department of Education. A. Budget Unit: Department of Education ......................... $3,153,523,530
Operations: Personal Services................................................ $37,840,329 Regular Operating Expenses....................................... $4,126,626 Travel .......................................................... $1,087,967 Motor Vehicle Purchases............................................ $109,500 Equipment ........................................................ $421,823 Computer Charges ............................................... $7,010,846 Real Estate Rentals .............................................. $1,471,304 Telecommunications .............................................. $1,180,382 Per Diem, Fees and Contracts .................................... $15,781,097 Utilities ........................................................... $742,880 Capital Outlay ...................................................... $50,000
QBE Formula Grants: Kindergarten/Grades 1 - 3 ...................................... $753,531,667 Grades 4 - 8 ................................................... $715,965,525 Grades 9 - 12 .................................................. $294,622,175 High School Laboratories ....................................... $124,613,856 Vocational Education Laboratories ............................... $100,756,134 Special Education .............................................. $275,159,949 Gifted.......................................................... $38,022,413 Remedial Education ............................................. $58,760,866 Staff Development and Professional Development .................. $28,891,019 Media.......................................................... $87,006,632 Indirect Cost .................................................. $596,369,241 Pupil Transportation ........................................... $129,798,307 Local Fair Share .............................................. $(615,762,984) Mid-Term Adjustment Reserve ....................................... $--0-- Teacher Salary Schedule Adjustment. ............................. $20,576,794
Other Categorical Grants: Equalization Formula........................................... $142,801,545 Sparsity Grants .................................................. $3,609,604 In School Suspension ............................................ $21,059,624 Special Instructional Assistance................................... $51,005,135 Middle School Incentive ......................................... $51,755,114 Special Education Low - Incidence Grants............................ $416,000
Non-QBE Grants: Education of Children of Low-Income Families ................... $186,500,970 Retirement (H.B. 272 and H.B. 1321) .............................. $4,950,000 Instructional Services for the Handicapped ........................ $39,176,572 Tuition for the Multi-Handicapped ................................ $2,960,451

MONDAY, MARCH 22, 1993

1843

Severely Emotionally Disturbed .................................. $36,105,108 School Lunch (Federal) ......................................... $136,568,755 School Lunch (State)............................................ $24,332,066 Supervision and Assessment of Students and Beginning Teachers and
Performance-Based Certification ................................. $1,500,000 Regional Education Service Agencies ............................... $6,746,192 Georgia Learning Resources System ................................ $2,766,212 High School Program ............................................ $18,041,235 Special Education in State Institutions ............................. $3,991,103 Governor's Scholarships........................................... $2,702,000 Advanced Placement Exams.......................................... $--0-- Job Training Partnership Act ..................................... $3,084,680 Vocational Research and Curriculum ................................. $248,270 Even Start ......................................................... $--0-- Salaries and Travel of Public Librarians........................... $10,645,182 Public Library Materials .......................................... $5,007,912 Talking Book Centers .............................................. $911,019 Public Library M & O . . . . . ....................................... $4,025,581 Child Care Lunch Program (Federal) ............................. $22,934,480 Chapter II--Block Grant Flow Through ........................... $10,783,825 Payment of Federal Funds to Board of Technical and Adult
Education .................................................... $11,701,897 Education of Homeless Children/Youth ............................... $--0-- Innovative Programs.............................................. $2,450,000 Next Generation School Grants.................................... $1,000,000 Limited English-Speaking Students Program........................ $6,924,763 Drug Free School (Federal) ...................................... $11,841,909 Transition Program for Refugees .................................... $119,012 Emergency Immigrant Education Program ............................ $223,824 Title II Math/Science Grant (Federal) ............................. $3,715,615 Robert C. Byrd Scholarship (Federal) ................................ $232,000 Health Insurance--Non-Cert. Personnel and Retired Teachers....... $90,047,892 Pre-School Handicapped Program ................................ $13,782,520 Mentor Teachers ................................................. $1,000,000 Nutrition Education ................................................. $65,000 Total Funds Budgeted ........................ $3,615,867,415 Indirect DOAS Services Funding .................................... $340,000 State Funds Budgeted ......................................... $3,153,523,530

Education Functional Budgets Total Funds

State Funds

State Administration

$ 6,520,594 $ 6,204,588

Instructional Services

$ 19,985,812 $ 14,539,668

Governor's Honors Program

$

1,161,942 $

1,050,740

Administrative Services

$ 19,036,952 $ 14,498,627

Special Services

$ 5,919,316 $ 2,498,893

Professional Practices Commission

$

848,847 $

848,847

Local Programs

$ 3,546,044,661 $ 3,098,396,681

Georgia Academy for the Blind

$ 4,873,129 $ 4,684,128

Georgia School for the Deaf

$ 6,582,081 $ 6,390,794

Atlanta Area School for the Deaf

$ 4,894,081 $ 4,410,564

Total

$ 3,615,867,415 $ 3,153,523,530

B. Budget Unit: Lottery for Education.

$62,754,078

1844

JOURNAL OF THE SENATE

Pre-Kindergarten for 4-year-olds.................................. $37,100,000 Computer Hardware/Software in Classrooms ....................... $10,310,000 Next Generation Schools.......................................... $1,000,000 Distant Learning--Satellite Dishes ................................ $12,304,078 Postsecondary Options.............................................. $603,600 Educational Technology Centers ................................... $1,436,400 Total Funds Budgeted ........................................... $62,754,078 Lottery Funds Budgeted ......................................... $62,754,078

Section 20. Employees' Retirement System. Budget Unit: Employees' Retirement System ........................... $165,570 Personal Services................................................. $1,553,491 Regular Operating Expenses......................................... $325,263 Travel ............................................................. $15,000 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $26,524 Computer Charges ................................................. $590,710 Real Estate Rentals ................................................ $315,749 Telecommunications ................................................. $25,310 Per Diem, Fees and Contracts ..................................... $1,026,000 Benefits to Retirees .............................................. $--0-- Total Funds Budgeted ............................................ $3,878,047 State Funds Budgeted .............................................. $165,570

Section 21. Forestry Commission. Budget Unit: Forestry Commission ................................. $33,596,709 Personal Services................................................ $28,004,357 Regular Operating Expenses....................................... $5,075,056 Travel ............................................................ $150,185 Motor Vehicle Purchases.......................................... $1,212,005 Equipment ...................................................... $1,800,000 Computer Charges ................................................. $300,279 Real Estate Rentals ................................................. $52,245 Telecommunications .............................................. $1,015,119 Per Diem, Fees and Contracts ....................................... $427,797 Ware County Grant ................................................. $--0-- Ware County Grant for Southern Forest World ........................ $30,000 Ware County Grant for Road Maintenance ............................ $60,000 Capital Outlay ..................................................... $200,000 Total Funds Budgeted ........................................... $38,327,043 State Funds Budgeted ........................................... $33,596,709

Forestry Commission Functional Budgets Total Funds

State Funds

Reforestation

$ 1,662,551 $

12,157

Field Services

$ 32,381,551 $ 29,580,829

General Administration and Support

$ 4,282,941 $ 4,003,723

Total

$ 38,327,043 $ 33,596,709

Section 22. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation Personal Services. ........................ Regular Operating Expenses............... Travel .................................. Motor Vehicle Purchases.................. Equipment .............................. Computer Charges .......................

$37,452,988 $28,334,052 $2,356,685 . . $476,600 . $556,160 . . . $546,870 . $1,447,900

MONDAY, MARCH 22, 1993

1845

Real Estate Rentals .............................................. $1,868,817 Telecommunications ................................................ $736,060 Per Diem, Fees and Contracts ....................................... $653,844 Evidence Purchased ................................................ $476,000 Capital Outlay ...................................................... $--0-- Total Funds Budgeted ........................................... $37,452,988 Total State Funds Budgeted ..................................... $37,452,988

Georgia Bureau of Investigation Functional Budgets Total Funds

State Funds

Administration

$ 3,226,242 $ 3,226,242

Drug Enforcement

$ 8,752,029 $ 8,752,029

Investigative

$ 11,056,816 $ 11,056,816

Georgia Crime Information Center

$ 6,597,331 $ 6,597,331

Forensic Sciences

$ 7,820,570 $ 7,820,570

Total

$ 37,452,988 $ 37,452,988

Section 23. Office of the Governor. Budget Unit: Office of the Governor ................................. $26,535,049 Personal Services................................................ $13,037,018 Regular Operating Expenses......................................... $853,217 Travel ............................................................ $255,595 Motor Vehicle Purchases............................................. $15,000 Equipment ........................................................ $119,531 Computer Charges ................................................. $596,380 Real Estate Rentals ................................................ $973,937 Telecommunications ................................................ $306,419 Per Diem, Fees and Contracts .................................... $25,988,704 Cost of Operations ............................................... $3,061,629 Mansion Allowance .................................................. $40,000 Governor's Emergency Fund ...................................... $4,750,000 Intern Stipends and Travel ......................................... $160,000 Art Grants of State Funds ........................................ $2,857,357 Art Grants of Non-State Funds...................................... $511,515 Humanities Grant--State Funds ...................................... $42,800 Art Acquisitions--State Funds ....................................... $--0-- Children and Youth Grants ......................................... $290,975 Juvenile Justice Grants ........................................... $1,144,625 Georgia Crime Victims Assistance Program ........................... $100,000 Grants to Local Systems ............................................ $432,000 Grants--Local EMA .............................................. $1,044,200 Grants--Other ...................................................... $--0-- Grants--Civil Air Patrol ............................................. $60,000 Total Funds Budgeted ........................................... $56,640,902 State Funds Budgeted ........................................... $26,535,049

Office of the Governor Functional Budgets Total Funds

State Funds

Governor's Office

$ 8,011,629 $ 8,011,629

Office of Fair Employment Practices

$

876,391 $

770,760

Office of Planning and Budget

$ 5,596,338 $ 5,596,338

Council for the Arts

$ 4,035,811 $ 3,217,767

Office of Consumer Affairs

$ 2,259,010 $ 2,259,010

State Energy Office

$ 24,824,776 $

304,327

1846

JOURNAL OF THE SENATE

Vocational Education Advisory Council Office of Consumers' Utility Council Criminal Justice Coordinating Council Children and Youth Coordinating Council Human Relations Commission Professional Standards Commission Georgia Emergency Management Agency Office of State Olympic Coordination Total

$

362,389 $

94,963

$

529,821 $

529,821

$

843,673 $

354,008

$ 1,755,140 $

499,318

$

267,131 $

267,131

$ 3,325,260 $ 3,325,260

$

3,691,108 $

1,042,292

$

262,425 $

262,425

$ 56,640,902 $ 26,535,049

Section 24. Department of Human Resources. A. Budget Unit: Departmental Operations. .......
1. General Administration and Support Budget: Personal Services. ........................... Regular Operating Expenses .................. Travel ..................................... Motor Vehicle Purchases ..................... Equipment ................................. Real Estate Rentals ......................... Per Diem, Fees and Contracts ................ Computer Charges .......................... Telecommunications ......................... Special Purpose Contracts ................... Service Benefits for Children ................. Purchase of Service Contracts ................ Institutional Repairs and Maintenance ....... Postage .................................... Payments to DMA-Community Care .......... Total Funds Budgeted ....................... Indirect DOAS Services Funding ............. State Funds Budgeted .......................

$601,090,608
$50,271,518 . $1,834,565 . . $1,170,227
$1,279,129 ..... $74,190 . $4,650,570
. $752,614 ... $895,067
. . $629,113 .... $244,000 . $21,857,547 . $30,989,953
$62,500 . $932,445 $13,054,342 $128,697,780 ... $412,600 . $78,607,289

General Administration and Support Functional Budgets

Total Funds

State Funds

Commissioner's Office

$

893,953 $

893,953

Budget Administration Office of Children and Youth

$ 2,005,103 $ 2,005,103 $ 21,857,547 $ 19,087,124

Administrative Support Services

$ 22,640,427 $ 21,345,480

Facilities Management Administrative Appeals

$ 5,274,592 $ 3,677,875

$

1,653,120 $

1,653,120

Regulatory Services--Program Direction and Support

$

612,061 $

602,061

Child Care Licensing

$ 2,700,655 $ 2,700,655

Health Care Facilities Regulation Fraud and Abuse Financial Services Auditing Services Personnel Administration

$ 7,316,617 $ 2,102,133

$ 5,873,156 $

799,017

$ 5,304,949 $ 5,104,949

$

1,727,862 $

1,727,862

$

1,669,404 $

1,669,404

Indirect Cost Public Affairs

$

--0-- $ (8,071,784)

$

452,189 $

452,189

MONDAY, MARCH 22, 1993

1847

Aging Services State Health Planning Agency Total

47,188,328 $ 21,410,331

1,527,817 $

1,447,817

128,697,780 $ 78,607,289

2. Public Health Budget: Personal Services................................................ $49,253,080 Regular Operating Expenses...................................... $71,741,494 Travel ............................................................ $940,217 Motor Vehicle Purchases.............................................. $14,700 Equipment ........................................................ $119,964 Real Estate Rentals .............................................. $1,085,055 Per Diem, Fees and Contracts ..................................... $4,701,339 Computer Charges ................................................. $673,897 Telecommunications ................................................ $728,910 Crippled Children's Benefits. ...................................... $7,933,321 Kidney Disease Benefits ............................................ $308,000 Cancer Control Benefits .......................................... $3,200,000 Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants .................................................... $960,000 Family Planning Benefits ........................................... $646,222 Crippled Children's Clinics .......................................... $656,000 Special Purpose Contracts .......................................... $663,609 Purchase of Service Contracts .................................... $11,230,604 Grant-In-Aid to Counties ........................................ $77,233,209 Institutional Repairs and Maintenance ................................ $32,100 Postage ........................................................... $138,672 Grants for Regional Maternal and Infant Care ........................ $747,761 Total Funds Budgeted .......................................... $233,008,154 Indirect DOAS Services Funding .................................... $549,718 State Funds Budgeted .......................................... $121,645,555

Public Health Functional Budgets Total Funds

State Funds

District Health Administration

$ 11,150,300 $ 11,020,625

Newborn Follow-Up Care

$ 1,008,494 $

733,339

Dental Health

$ 1,387,074 $ 1,176,899

Stroke and Heart Attack Prevention

$ 1,973,316 $ 1,443,316

Sickle Cell, Vision and Hearing

$ 3,591,733 $ 3,197,004

High-Risk Pregnant Women and Infants

$ 5,375,597 $ 5,263,597

Sexually Transmitted Diseases

$ 3,748,871 $

308,272

Family Planning

$ 7,040,760 $ 3,936,596

Malnutrition

$ 71,441,891 $

--0--

Grant in Aid to Counties

$ 50,928,839 $ 48,830,351

Children's Medical Services

$ 12,906,997 $ 7,903,587

Emergency Health

$ 2,931,978 $ 1,875,430

Primary Health Care

$

1,769,046 $

1,409,035

Epidemiology

$

603,356 $

441,056

Immunization

$

784,387 $

--0--

Community Tuberculosis Control

$ 5,446,114 $ 5,001,208

Maternal and Child Health Management

$ 1,006,123 $

684,173

Infant and Child Health

$ 1,359,845 $

533,477

1848

JOURNAL OF THE SENATE

Maternal Health--Perinatal Chronic Disease Diabetes Cancer Control Director's Office Employees' Health Health Program Management Vital Records Health Services Research Environmental Health Laboratory Services Community Care Community Health Management Aids Vaccines Drug and Clinic Supplies Adolescent Health Public Health--Planning Councils Public Health--Division Indirect Cost Total

$ 2,593,936

$ 1,040,461

$

497,204

$ 4,219,458

$

826,235

$

288,392

$ 1,582,437

$ 1,778,517

$ 1,010,769

$

934,028

$ 5,421,151

$ 3,479,533

$

453,955

$ 7,032,152

$ 11,237,625

$ 3,068,190

$ 2,916,824

$

172,566

$

--0--

$ 233,008,154

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

$ 41,101,730

Independent Living

$

654,036

Bobby Dodd Workshop

$

503,158

Sheltered Employment

$

1,646,413

Community Facilities

$ 7,425,589

$ 1,452,293

$ 1,040,461

$

497,204

$ 4,219,458

$

629,010

$

288,392

$

1,448,836

$

1,561,221

$

787,951

$

760,111

$

5,301,151

$

1,293,370

$

365,318

$

3,507,852

$

1,305,471

$ 2,289,354

$ 1,862,724

$

155,251

$

(877,838)

$ 121,645,555

$65,480,210 . $10,898,160 . . . . $800,856 ..... $58,090
$536,650 . . $3,710,863 .. $6,416,726 .. $1,764,686 . . $1,468,683
$20,302,481 ..... $27,000 . . . . $675,500 . . $8,785,767 .... $145,550 ... $903,615 .... $533,322 $122,508,159 .... $100,000 . $21,496,200

State Funds

$ 8,962,555

$

435,751

$

173,037

$

801,402

$ 2,903,614

MONDAY, MARCH 22, 1993

State Rehabilitation Facilities Diversified Industries of Georgia Program Direction and Support Grants Management Disability Adjudication Georgia Factory for the Blind Roosevelt Warm Springs Institute Total

6,895,449 981,176
3,216,353 684,795
27,050,086 11,967,161 20,382,213 122,508,159

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

355,246

Social Services

3,568,321

Administrative Support

5,780,117

Quality Assurance

3,651,574

Community Services

11,588,235

Field Management

1,215,577

Human Resources Management

1,846,906

Public Assistance

27,358,070

Child Support Recovery

43,910,223

AFDC Payments

479,162,389

SSI - Supplemental Benefits

100

Refugee Programs

2,799,421

Energy Benefits

12,966,539

County DFACS Operations--Eligibility

100,011,024

County DFACS Operations--Social Services

77,927,020

Food Stamp Issuance

2,907,954

1849
1,379,086 --0--
1,069,706 684,795 --0--
797,378 4,288,876 21,496,200
. $39,989,832 $3,465,489
... $693,733 ..... $--0-- .... $417,573 .. $2,187,231 . $12,377,717
$24,729,492 . . $4,102,576 . . $1,049,584 $494,074,449 . . $3,891,738 $135,377,430 . $17,638,657 . . $3,383,122 $246,932,141 $990,310,764 . $2,565,582 $379,341,564
State Funds 355,246
3,568,321 4,590,444 3,651,574
912,714 1,215,577 1,674,090 11,859,029 2,647,519 180,310,220
100 --0-- --0--
49,857,397 27,925,762

1850

JOURNAL OF THE SENATE

County DFACS Operations--Homemakers Services

9,206,487 $ 2,891,560

County DFACS Operations--Joint and Administration

$ 50,744,229 $ 23,515,076

County DFACS Operations--Employability Program

$ 9,043,381 $ 3,393,534

Employability Benefits

$ 20,975,278 $ 8,519,151

Legal Services

$ 2,850,000 $ 2,262,574

Family Foster Care

$ 35,983,709 $ 23,575,863

Institutional Foster Care

$ 6,652,820 $ 5,190,725

Specialized Foster Care

$ 2,261,063 $ 2,117,072

Adoption Supplement

$ 6,903,437 $ 5,373,591

Day Care

$ 68,000,000 $ 18,675,285

Outreach--Contracts

$

144,817 $

144,817

Special Projects

$ 1,281,316 $ 1,257,407

Children's Trust Fund Commission

$ 1,215,511 $ 1,215,511

Indirect Cost

$

--0-- $ (7,358,595)

Total

$ 990,310,764 $ 379,341,564

Budget Unit Object Classes:

Personal Services............................................... $204,994,640

Regular Operating Expenses...................................... $87,939,708

Travel .......................................................... $3,605,033

Motor Vehicle Purchases.......................................... $1,351,919

Equipment ...................................................... $1,148,377

Real Estate Rentals ............................................. $11,633,719

Per Diem, Fees and Contracts .................................... $24,248,396

Computer Charges .............................................. $28,063,142

Telecommunications .............................................. $6,929,282

Crippled Children's Benefits....................................... $7,933,321

Kidney Disease Benefits ............................................ $308,000

Cancer Control Benefits .......................................... $3,200,000

Benefits for Medically Indigent High-Risk Pregnant Women and

Their Infants .................................................... $960,000

Family Planning Benefits ........................................... $646,222

Case Services ................................................... $20,302,481

E.S.R.P. Case Services ............................................... $27,000

Crippled Children's Clinics

$656,000

Children's Trust Fund ............................................ $1,049,584

Cash Benefits .................................................. $494,074,449

Special Purpose Contracts ........................................ $5,474,847

Service Benefits for Children .................................... $157,234,977

Purchase of Service Contracts .................................... $68,644,981

Grant-in-Aid to Counties ........................................ $77,233,209

Institutional Repairs and Maintenance ............................... $240,150

Utilities ........................................................... $903,615

Postage ......................................................... $4,987,561

Payments to DMA-Community Care .............................. $13,054,342

Grants for Regional Maternal and Infant Care ........................ $747,761

Grants to County DFACS--Operations ........................... $246,932,141

B. Budget Unit: Community Mental Health/Mental Retardation and

Institutions ............................................... $439,326,244

Personal Services. .............................................. $350,374,940

MONDAY, MARCH 22, 1993

1851

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 .....................

. . $37,691,253 ..... $304,383 ...... $472,300 . . $1,792,761
$4,542,036 ..... $252,637 . . $2,370,833 . $8,493,825 . . $11,745,300 ....... $-0... $1,722,000 . . $46,979,512 . . . $95,701,735 . . $26,194,938 . . . $57,752,642 ...... $294,118 . $646,685,213 .... $2,404,100 . . $439,326,244

Community Mental Health/Mental Retardation and Institutional Functional Budgets

Total Funds

State Funds

Southwestern State Hospital

45,769,361 $ 26,019,860

Brook Run

31,870,738 $ 13,659,638

Georgia Mental Health Institute

33,343,273 $ 26,341,492

Georgia Regional Hospital at Augusta

25,096,907 $ 20,546,904

Northwest Regional Hospital at Rome

29,101,261 $ 20,847,741

Georgia Regional Hospital at Atlanta

31,244,327 $ 23,511,964

Central State Hospital

140,193,320 $ 84,503,742

Georgia Regional Hospital at Savannah

25,365,904 $ 19,297,504

Gracewood State School and Hospital

48,563,451 $ 23,995,951

West Central Georgia Regional Hospital

23,894,216 $ 18,872,024

Outdoor Therapeutic Program

3,558,236 $ 2,677,959

Mental Health Community Assistance

10,485,040 $ 10,363,740

Mental Retardation Community Assistance

4,788,560 $ 2,960,760

Day Care Centers for Mentally Retarded

74,232,590 $ 40,780,617

Supportive Living

25,848,926 $ 20,852,126

Georgia State Foster Grandparents/Senior Companion Program

744,911 $

744,911

Project Rescue

525,474 $

525,474

Drug Abuse Contracts

1,102,546 $ 1,102,546

Community Mental Health Center Services

57,752,642 $ 52,999,342

Project ARC

382,273 $

382,273

Metro Drug Abuse Centers

1,440,398 $ 1,244,898

Group Homes for Autistic Children

285,960 $

285,960

Project Friendship

346,012 $

346,012

Community Mental Retardation Staff

4,170,056 $ 4,170,056

Community Mental Retardation Residential Services

$ 15,724,982 $ 15,724,982

1852

JOURNAL OF THE SENATE

Contract with Clayton County Board of Education for Autistic Children
MH/MR/SA Administration
Total

$

93,600

$ 10,760,249

$ 646,685,213

$

93,600

$ 6,474,168

$ 439,326,244

Section 25. Department of Industry, Trade and Tourism.

Budget Unit: Department of Industry, Trade and Tourism ............ $16,718,694

Personal Services ................................................ $8,045,852

Regular Operating Expenses ...................................... . $1,401,008

Travel ......................................................... $290,000

. . . . $32,000

... $61,800

Computer Charges ...................

. $102,452

Real Estate Rentals ..................

. . . $914,597

Telecommunications ..................

. . . $217,629

Per Diem, Fees and Contracts

$678,981

. . . $139,100

Advertising and Cooperative Advertising

. $4,524,578

Georgia Ports Authority Lease Rentals

$1,445,000

Foreign Currency Reserve .............

. . $69,297

Waterway Development in Georgia

.... $--0--

Lanier Regional Watershed Commission

. . . . $--0--

... $--0--

Total Funds Budgeted ................

$17,922,294

State Funds Budgeted ................

$16,718,694

Department of Industry, Trade and Tourism Functional Budgets

Total Funds

State Funds

Administration

$ 8,494,327 $ 7,670,727

Economic Development

$ 4,009,563 $ 3,849,563

Trade

$

895,143 $

895,143

Tourism

$ 4,523,261 $ 4,303,261

Total

$ 17,922,294 $ 16,718,694

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

4,465,139

Insurance Regulation

5,876,354

Industrial Loans Regulation

450,328

. $14,263,632 $12,464,264
. . . . $706,912 $394,214
..... $72,000 $70,820
. . . . $409,010 ... $611,762 . . . . $286,025 . . . . $240,000 ..... $--0-- . $15,255,007 $14,263,632
State Funds
4,465,139
5,876,354
450,328

MONDAY, MARCH 22, 1993

1853

Fire Safety and Mobile Home Regulations Total

$ 4,463,186 $ 3,471,811 $ 15,255,007 $ 14,263,632

Section 27. Department of Labor. Budget Unit: Department of Labor .................................. $6,082,059 Personal Services................................................ $65,485,271 Regular Operating Expenses....................................... $5,121,799 Travel .......................................................... $1,060,000 Motor Vehicle Purchases............................................. $--0-- Equipment ........................................................ $470,064 Computer Charges ............................................... $8,650,000 Real Estate Rentals .............................................. $2,184,981 Telecommunications .............................................. $1,133,232 Per Diem, Fees and Contracts (JTPA) ............................ $69,282,639 Per Diem, Fees and Contracts ..................................... $2,938,892 W.I.N. Grants ...................................................... $--0-- Payments to State Treasury....................................... $1,774,079 Capital Outlay ................................................... $4,270,000 Total Funds Budgeted .......................................... $162,370,957 State Funds Budgeted ............................................ $6,082,059

Department of Labor Functional Budgets Total Funds

State Funds

Executive Offices/Administrative Services

$ 26,323,387 $ 3,233,950

Employment and Training Services

$ 136,047,570 $ 2,848,109

Total

$ 162,370,957 $ 6,082,059

Section 28. Department of Law. Budget Unit: Department of Law. ................................... $9,257,126 Personal Services................................................. $8,472,186 Regular Operating Expenses......................................... $478,000 Travel ............................................................ $110,000 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $28,640 Computer Charges ................................................. $161,935 Real Estate Rentals ................................................ $412,920 Telecommunications ................................................ $114,312 Per Diem, Fees and Contracts ........................................ $60,000 Books for State Library............................................. $140,000 Total Funds Budgeted ............................................ $9,977,993 State Funds Budgeted ............................................ $9,257,126

Section 29. Department of Medical Assistance. A. Budget Unit: Medicaid Services ................................ $1,057,042,748
Personal Services................................................ $13,625,156 Regular Operating Expenses....................................... $3,895,193 Travel ............................................................ $155,400 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $72,289 Computer Charges .............................................. $19,391,681 Real Estate Rentals ................................................ $581,812 Telecommunications ................................................ $425,000 Per Diem, Fees and Contracts .................................... $65,909,846 Medicaid Benefits, Penalties and Disallowances .................. $2,853,091,153 Payments to Counties for Mental Health .......................... $50,530,241 Audit Contracts .................................................... $772,500 SPY 1993 Medicaid Benefits, Penalties and Disallowances. .......... $57,374,067

1854

JOURNAL OF THE SENATE

Total Funds Budgeted . State Funds Budgeted .

Medical Assistance Functional Budgets Total Funds

Commissioner's Office Benefits, Penalties and Disallowances

1,090,840 2,960,995,461

Community Services Systems Management

1,150,156 21,169,171

Professional Services Program Compliance

3,893,647 4,592,312

Institutional Policy and Reimbursement Maternal and Child Health Operations Total

9,203,558 561,930
63,167,263 3,065,824,338

. . . $3,065,824,338 . . . $1,057,042,748

State Funds

$

544,689

$ 1,038,645,745

$

448,228

$ 5,990,401

$ 1,798,437

$ 1,778,604

$ 4,436,959

$

194,377

$ 3,205,308

$ 1,057,042,748

B. Budget Unit: Indigent Trust Fund............................... $120,692,764 Per diem, Fees and Contracts ..................................... $7,358,156 Benefits ....................................................... $311,690,615 Total Funds Budgeted .......................................... $319,048,771 State Funds Budgeted .......................................... $120,692,764

Section 30. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel Administration.................. $--0-- Personal Services................................................. $8,524,141 Regular Operating Expenses....................................... $1,683,552 Travel ............................................................. $82,440 Equipment ......................................................... $37,818 Real Estate Rents .................................................. $908,271 Per Diem, Fees and Contracts ................................... $111,873,969 Computer Charges ............................................... $3,067,474 Telecommunications ................................................ $283,698 Health Insurance Payments ..................................... $737,540,729 Total Funds Budgeted .......................................... $864,002,092 Other Agency Funds................................................. $84,121 Agency Assessments ............................................. $10,045,611 Employee and Employer Contributions ........................... $853,724,516 Deferred Compensation ............................................. $147,844 State Funds ........................................................ $--0--

Merit System Functional Budgets Total Funds

State Funds

Commissioner's Office

$ 1,669,568 $

--0--

Applicant Services

$ 2,548,053 $

--0--

Classification and Compensation

$ 1,269,456 $

--0--

Flexible Benefits

$ 1,323,619 $

--0--

Employee Training and Development

$ 1,340,624 $

--0--

Health Insurance Administration

$ 31,829,272 $

--0--

Health Insurance Claims

$ 820,970,637 $

--0--

Internal Administration

$ 3,050,863 $

--0--

Total

$ 864,002,092 $

--0--

MONDAY, MARCH 22, 1993

1855

Section 31. Department of Natural Resources. A. Budget Unit: Department of Natural Resources .................... $67,721,438
Operations Budget: Personal Services................................................ $63,473,390 Regular Operating Expenses...................................... $12,190,998 Travel ............................................................ $438,800 Motor Vehicle Purchases.......................................... $1,798,081 Equipment ...................................................... $2,694,960 Real Estate Rentals .............................................. $2,312,141 Per Diem, Fees and Contracts ..................................... $2,338,221 Computer Charges ................................................. $968,200 Telecommunications .............................................. $1,057,187 Authority Lease Rentals ............................................ $190,000 Advertising and Promotion .......................................... $150,000 Cost of Material for Resale ....................................... $2,450,000 Capital Outlay: New Construction .............................................. $1,056,960 Repairs and Maintenance ....................................... $2,190,000 Land Acquisition Support......................................... $225,000 Wildlife Management Area Land Acquisition ....................... $700,000 Shop Stock--Parks ............................................... $300,000 User Fee Enhancements ........................................ $1,300,000 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 .......................................... $50,000 Technical Assistance Contract ..................................... $106,513 Corps of Engineers (Cold Water Creek State Park) .................. $170,047 Georgia Rural Water Association ................................... $80,000 Georgia State Games Commission.................................. $130,725 U. S. Geological Survey for Ground Water Resources ................ $300,000 U. S. Geological Survey for Topographic Mapping.................... $--0-- Hazardous Waste Trust fund ...................................... $4,300,000 Solid Waste Trust Fund .......................................... $3,000,000 Payments to Georgia Agricultural Exposition Authority .............. $2,333,254 Georgia Boxing Commission ........................................... $5,000 Total Funds Budgeted .......................................... $107,773,807 Receipts from Jekyll Island State Park Authority ................... $1,034,594 Receipts from Stone Mountain Memorial Association ................ $4,234,585 Receipts from Lake Lanier Islands Development Authority........... $3,362,900 Indirect DOAS Funding ............................................ $200,000 State Funds Budgeted ........................................... $67,721,438

Department of Natural Resources Functional Budgets Total Funds

State Funds

Internal Administration

$ 7,203,161 $ 7,203,161

Parks, Recreation and Historic Sites

$ 36,950,263 $ 11,068,399

Coastal Resources

$ 2,213,056 $ 2,102,150

Game and Fish

$ 29,271,496 $ 24,979,581

1856

JOURNAL OF THE SENATE

Environmental Protection Pollution Prevention Program Total

31,507,631 628,200
107,773,807

21,764,947 603,200
67,721,438

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

4,078,254

. . . $--0-- $1,784,178 $1,499,806 . . . $30,000 . . $12,000 . . . $85,000 . $34,000 ... $--0-- . . . $34,500 . . $598,770 . . . $--0-- $4,078,254 . . . $--0--
State Funds
$

Section 32. Department of Public Safety. A. Budget Unit: Department of Public Safety ........................ $86,554,705
1. Operations Budget: Personal Services................................................ $49,289,669 Regular Operating Expenses....................................... $7,043,570 Travel ............................................................ $109,800 Motor Vehicle Purchases.......................................... $3,265,000 Equipment ........................................................ $483,695 Computer Charges .................................................. $--0-- Real Estate Rentals .................................................. $7,400 Telecommunications ................................................ $593,000 Per Diem, Fees and Contracts ....................................... $367,150 State Patrol Posts Repairs and Maintenance.......................... $150,000 Capital Outlay ...................................................... $--0-- Total Funds Budgeted ........................................... $61,309,284 Indirect DOAS Service Funding ..................................... $150,000 State Funds Budgeted ........................................... $61,159,284
2. Driver Services Budget: Personal Services. ............................................... $18,967,041 Regular Operating Expenses....................................... $1,959,000 Travel ............................................................. $12,800 Motor Vehicle Purchases............................................. $--0-- Equipment ........................................................ $106,380 Computer Charges ............................................... $3,516,000 Real Estate Rentals ................................................. $53,300 Telecommunications ................................................ $602,500 Per Diem, Fees and Contracts .................................. $190,000 Capital Outlay ...................................................... $--0-- Conviction Reports ................................................. $290,000 State Patrol Posts Repairs and Maintenance........................... $30,000 Driver License Processing ......................................... $1,168,400 Total Funds Budgeted ........................................... $26,895,421 Indirect DOAS Service Funding ................................... $1,500,000 State Funds Budgeted ........................................... $25,395,421

MONDAY, MARCH 22, 1993

1857

Administration Driver Services Field Operations Total

Public Safety Functional Budgets Total Funds
$ 14,341,267 $ 26,895,421 $ 46,968,017 $ 88,204,705

State Funds 14,341,267 25,395,421 46,818,017 86,554,705

B. Budget Unit: Units Attached for Administrative Purposes Only 1. Attached Units Budget: Personal Services........................................... Regular Operating Expenses................................. Travel .................................................... Motor Vehicle Purchases.................................... Equipment ................................................ Computer Charges ......................................... Real Estate Rentals ........................................ Telecommunications ........................................ Per Diem, Fees and Contracts ............................... Peace Officers Training Grants .............................. Capital Outlay ......................... ................... Total Funds Budgeted ...................................... State Funds Budgeted ...................................... 2. Office of Highway Safety Budget: Personal Services........................................... Regular Operating Expenses................................. Travel .................................................... Motor Vehicle Purchases.................................... Equipment ................................................ Computer Charges ......................................... Real Estate Rentals ............................... ....... Telecommunications ........................................ Per Diem, Fees and Contracts ............................... Highway Safety Grants ..................................... Total Funds Budgeted ...................................... State Funds Budgeted ......................................

$13,536,666
. $7,071,055 $2,596,360
... $87,300 ..... $54,500 ... $150,250 ... $339,000 . . . . . $99,105 .... $138,350 . . . . $620,100 . . $3,179,460 ..... $--0--
. $14,335,480 $13,248,480
. $403,459 . . . $25,430 . . . . $9,828 . . . $--0--
.... $1,500 . $36,000 . . . $80,524
. . $3,800 .... $7,500 $3,500,000 $4,068,041 . . $288,186

Attached Units Functional Budgets Total Funds

Office of Highway Safety

4,068,041

Georgia Peace Officers Standards and Training

5,201,255

Police Academy

1,051,451

Fire Academy

1,135,035

Georgia Firefighters Standards and Training Council

453,133

Georgia Public Safety Training Facility

6,494,606

Total

18,403,521

State Funds

$

288,186

$ 5,201,255

$

986,451

$

1,035,035

453,133 5,572,606 13,536,666

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 ................................

$9,629,000 . . . . $479,000
$9,150,000 $9,629,000 $9,629,000

1858

JOURNAL OF THE SENATE

Section 34. Public Service Commission. Budget Unit: Public Service Commission ............................. $8,446,162 Personal Services................................................. $6,556,158 Regular Operating Expenses......................................... $372,515 Travel ............................................................ $200,050 Motor Vehicle Purchases............................................ $158,400 Equipment ......................................................... $78,412 Computer Charges ................................................. $439,090 Real Estate Rentals ................................................ $344,154 Telecommunications ................................................ $118,787 Per Diem, Fees and Contracts ..................................... $2,099,000 Total Funds Budgeted ........................................... $10,366,566 State Funds Budgeted ............................................ $8,446,162

Administration Transportation Utilities Total

Public Service Commission Functional Budgets Total Funds
$ 1,648,703 $ 3,269,158 $ 5,448,705 $ 10,366,566

State Funds $ 1,648,703 $ 1,518,654 $ 5,278,805 $ 8,446,162

Section 35. Board of Regents, University System of Georgia. A. Budget Unit: Resident Instruction ............................. $887,315,893
Personal Services: Educ., Gen., and Dept. Svcs................................... $977,858,500 Sponsored Operations ........................................ $120,000,000
Operating Expenses: Educ., Gen., and Dept. Svcs................................... $215,546,044 Sponsored Operations ........................................ $140,000,000
Special Funding Initiative......................................... $9,458,094 Office of Minority Business Enterprise ............................... $306,138 Special Desegregation Programs ..................................... $334,702 Forestry Research .................................................. $313,687 Research Consortium ............................................. $8,100,000 Capital Outlay ..................................................... $300,000 Total Funds Budgeted ......................................... $1,472,217,165 Departmental Income............................................ $35,000,000 Sponsored Income.............................................. $260,000,000 Other Funds ................................................... $286,873,972 Indirect DOAS Services Funding .................................. $3,027,300 State Funds Budgeted .......................................... $887,315,893 B. Budget Unit: Regents Central Office and Other Organized
Activities .................................................... $144,307,224 Personal Services:
Educ., Gen., and Dept. Svcs................................... $240,503,812 Sponsored Operations ......................................... $68,545,719
Operating Expenses: Educ., Gen., and Dept. Svcs ................................... $123,253,873 Sponsored Operations ......................................... $42,869,254
Fire Ant and Environmental Toxicology Research ..................... $--0-- Agricultural Research............................................. $1,906,476 Advanced Technology Development Center ......................... $1,550,621 Capitation Contracts for Family Practice Residency ................. $2,700,999 Residency Capitation Grants ...................................... $2,412,495 Student Preceptorships ............................................. $146,403 Mercer Medical School Grant ..................................... $5,947,000

MONDAY, MARCH 22, 1993

1859

Morehouse School of Medicine Grant ......................... Capital Outlay .............................................. Center for Rehabilitation Technology ......................... SREB Payments ............................................ Medical Scholarships ........................................ Regents Opportunity Grants ................................ Regents Scholarships ....................................... Rental Payments to Georgia Military College ................. CRT Inc. Contract at Georgia Tech Research Institute ........ Direct Payments to the Georgia Public Telecommunications
Commission for Operations................................ Total Funds Budgeted ....................................... Departmental Income....................................... Sponsored Income ........................................... Other Funds ............................................... Indirect DOAS Services Funding ............................ State Funds Budgeted ......................................

. . $4,706,000 . $50,000 . . $2,154,439 . $4,274,550 . . $1,124,488 ... $600,000 .... $200,000 .... $870,370 .... $206,780
. . $6,990,857 $511,014,136 ..... $--0--
$113,196,449 $252,954,763 .... $555,700 $144,307,224

Regents Central Office and Other Organized Activities Functional Budgets Total Funds

Marine Resources Extension Center

$ 1,742,947 $

Skidaway Institute of Oceanographyr

$ 3,730,743 $

Marine Institute

$ 1,278,554 $

Georgia Tech Research Institute

$ 126,450,928 $

Eduction Extension Services

$ 8,101,231 $

Agricultural Experiment Station

$ 50,938,982 $

Cooperative Extension Service

$ 43,618,512 $

Medical College of Georgia Hospital1 and Clinics

$ 224,179,321 $

Veterinary Medicine Experiment Station

$ 2,491,514 $

Veterinary Medicine Teaching Hosp)ital

$ 2,625,911 $

Joint Board of Family Practice

$ 16,714,460 $

Georgia Radiation Therapy Center

$ 2,719,756 $

Athens and Tifton Veterinary Laboratories

$ 7,208,497 $

Regents Central Office

$ 19,212,780 $

Total

$ 511,014,136 $

State Funds 1,206,159 1,399,854 877,831 12,097,852 2,075,031 32,640,329 25,960,155
29,206,928 2,491,514
474,622 16,714,460
-- 0-- 51,524 19,110,965 144,307,224

C.

ic Telecommunications Commission ..... ..... $--0--

Personal Services.

. $6,722,818

Operating Expenses

. $8,591,661

Total Funds Budgeted

$15,314,479

Other Funds..........

. $15,314,479

State Funds Budgeted

..... $-0-

D. Budget Unit: Lottery for EIdduuccaation .

. $20,121,512

Equipment, Technology d Construction Trust Fund ............. . $17,700,000

Capital Outlay--GPTV

. . $2,021,512

Distant Learning--Satellite Dishes .......

. . $400,000

Research Consortium--E lipment .......

..... $--0--

Total Funds Budgeted . .

$20,121,512

Lottery Funds Budgeted

. $20,121,512

1860

JOURNAL OF THE SENATE

Section 36. Department of Revenue. Budget Unit: Department of Revenue ....... Personal Services......................... Regular Operating Expenses............... Travel .................................. Motor Vehicle Purchases.................. Equipment .............................. Computer Qharges ....................... Real Estate Rentals ...................... Telecommunications ...................... Per Diem, Fees and Contracts ............. County Tax Officials/Retirement and FICA Grants to Counties/Appraisal Staff. ........ Motor Vehicle Tags and Decals............ Postage ................................. Total Funds Budgeted .................... Indirect DOAS Services Funding .......... State Funds Budgeted ....................

Department of Revenue Functional Budgets Total Funds

Departmental Administration

6,589,498

Internal Administration

10,714,228

Electronic Data Processing

9,310,044

Field Services

16,886,093

Income Tax Unit

7,924,232

Motor Vehicle Unit

14,981,943

Central Audit Unit

6,791,918

Property Tax Unit

4,099,231

Sales Tax Unit

4,159,338

State Board of Equalization

46,000

Taxpayer Accounting

1,090,825

Total

82,593,350

Section 37. Secretary of State. A. 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 Archives and Records

$ 3,323,511 $ 4,366,936

$77,982,080 $52,218,301 $4,420,138 . . $1,368,174 .... $37,800 .... $788,500 . $10,553,750
$2,713,206 ... $750,491 .... $770,376 . . $3,132,300 ........ $-0-
$2,439,610 .. $3,400,704 . $82,593,350 . . $3,845,000 . $77,982,080
State Funds
6,589,498
10,514,228
8,494,844
16,586,093
7,224,232
13,681,943
6,791,918
3,132,961
3,829,538
46,000
1,090,825
77,982,080
$23,351,752 $15,429,769 . $2,534,414 . . . $206,350 . . . $154,064 . . . $179,667 . $1,217,775 $2,344,377 . . . $323,686 . $1,140,650 . . . . $700,000 $24,230,752 $23,351,752
State Funds
$ 3,293,511 $ 4,291,936

MONDAY, MARCH 22, 1993

1861

Business Services and Regulation Elections and Campaign Disclosure Drugs and Narcotics State Ethics Commission State Examining Boards Total

$ 4,631,449 $ 4,031,449

$ 1,520,727 $ 1,500,727

$

962,111 $

908,111

$

291,164 $

291,164

$ 9,134,854 $ 9,034,854

$ 24,230,752 $ 23,351,752

B. Budget Unit: Real Estate Commission ............................. $1,820,481 Personal Services................................................. $1,093,946 Regular Operating Expenses......................................... $162,600 Travel ............................................................. $16,000 Motor Vehicle Purchases............................................. $11,000 Equipment ......................................................... $16,850 Computer Charges ................................................. $247,455 Real Estate Rentals ................................................ $113,700 Telecommunications ................................................. $26,180 Per Diem, Fees and Contracts....................................... $132,750 Total Funds Budgeted ............................................ $1,820,481 State Funds Budgeted ............................................ $1,820,481

Real Estate Commission Functional Budget State Funds

Cost of Operations

Real Estate Commission

$ 1,820,481 $ 1,860,481

Section 38. Soil and Water Conservation Commission. Budget Unit: Soil and Water Conservation Commission. ............... $1,849,742 Personal Services. .................................................. $952,911 Regular Operating Expenses......................................... $176,755 Travel ............................................................. $45,000 Motor Vehicle Purchases............................................. $35,556 Equipment ......................................................... $12,000 Computer Charges ................................................... $7,850 Real Estate Rentals ................................................. $59,000 Telecommunications ................................................. $17,520 Per Diem, Fees and Contracts ....................................... $661,150 County Conservation Grants ........................................ $418,000 Total Funds Budgeted ............................................ $2,385,742 State Funds Budgeted ............................................ $1,849,742

Section 39. Student Finance Commission. A. Budget Unit: Student Finance Commission ........................ $25,834,367
Personal Services................................................. $4,607,435 Regular Operating Expenses......................................... $397,851 Travel ............................................................. $81,800 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $18,500 Computer Charges ................................................. $371,000 Real Estate Rentals ................................................. $24,763 Telecommunications ................................................ $146,000 Per Diem, Fees and Contracts ........................................ $42,757 Payment of Interest and Fees ........................................ $--0-- Guaranteed Educational Loans .................................... $4,076,000 Tuition Equalization Grants...................................... $17,511,740 Student Incentive Grants ......................................... $5,003,940 Law Enforcement Personnel Dependents' Grants ....................... $38,000

1862

JOURNAL OF THE SENATE

North Georgia College ROTC Grants ................................. $79,500 Osteopathic Medical Loans.......................................... $160,000 Georgia Military Scholarship Grants ................................. $501,740 Paul Douglas Teacher Scholarship Loans ............................. $425,000 Total Funds Budgeted ........................................... $33,486,026 State Funds Budgeted ........................................... $25,834,367

Georgia Student Finance Commission Functional Budgets Total Funds

Internal Administration

$ 5,178,917 $

Higher Education Assistance Corporation

$

--0-- $

Georgia Student Finance Authority

$ 27,795,920 $

Georgia Nonpublic Postsecondary Education Commission

$

511,189 $

Total

$ 33,486,026 $

State Funds --0-- --0--
25,323,178
511,189 25,834,367

B. Budget Unit: Lottery for Education............................... $34,643,410 Hope Financial Aid ............................................. $29,094,918 Tuition Equalization Grants....................................... $5,548,492 Total Funds Budgeted ........................................... $34,643,410 Lottery Funds Budgeted ......................................... $34,643,410

Section 40. Teachers' Retirement System. Budget Unit: Teachers' Retirement System ........................... $3,800,000 Personal Services................................................. $3,384,465 Regular Operating Expenses......................................... $347,750 Travel ............................................................. $26,650 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $12,400 Computer Charges ............................................... $1,000,569 Real Estate Rentals ................................................ $399,000 Telecommunications ................................................. $70,000 Per Diem, Fees and Contracts ....................................... $365,500 Retirement System Members ...................................... $3,200,000 Floor Fund for Local Retirement Systems ............................ $600,000 Total Funds Budgeted ............................................ $9,406,334 State Funds Budgeted ............................................ $3,800,000

Section 41. Department of Technical and Adult Education. A. Budget Unit: Department of Technical and Adult Education ....... $133,918,041
Personal Services................................................. $4,110,707 Regular Operating Expenses......................................... $368,013 Travel ............................................................ $108,250 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $15,000 Computer Charges ................................................. $566,826 Real Estate Rentals ................................................ $339,900 Telecommunications ................................................ $135,630 Per Diem, Fees and Contracts ....................................... $604,500 Personal Services-Institutions .................................... $92,122,611 Operating Expenses-Institutions .................................. $19,142,056 Capital Outlay ..................................................... $790,000 Quick Start Program ............................................. $6,015,059 Area School Program ............................................ $23,864,833 Regents Program................................................. $2,660,920 Adult Literacy Grants ........................................... $12,450,158

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1863

Total Funds Budgeted . State Funds Budgeted .
Administration Institutional Programs Total

Functional Budgets
$ $ $

Total Funds 6,248,826
157,045,637 163,294,463

$163,294,463 $133,918,041
State Funds $ 4,441,031 $ 129,477,010 $ 133,918,041

B. Budget Unit: Lottery for Education.

.......................... $7,481,000

Special Education Equipment ........... ............................ $200,000

Distant Learning--Satellite Dishes ....... ............................ $320,000

Computer Hardware and Software ....... ............................ $937,000

Capital Outlay--Computer Labs ......... .......................... $2,544,000

Capital Outlay--Adult Literacy .......... .......................... $3,480,000

Total Funds Budgeted .................. .......................... $7,481,000

Lottery Funds Budeeted

.......................... $7.481.000

Section 42. Department of Transportation. Budget Unit: Department of Transportation ..................... Personal Services............................................ Regular Operating Expenses................................. Travel .................................................... Motor Vehicle Purchases..................................... Equipment ................................................ Computer Charges ......................................... Real Estate Rentals ......................................... Telecommunications ........................................ Per Diem, Fees and Contracts ............................... Capital Outlay ............................................. Capital Outlay--Airport Approach Aid and Operational Improvements ........................................... Capital Outlay--Airport Development........................ Mass Transit Grants ....................................... Harbor Maintenance/Intra-Coastal Waterways Maintenance and Operations............................................... Spoilage Area Acquisition, Clearing, Preparation and Dike Reconstruction ........................................... Total Funds Budgeted ...................................... State Funds Budgeted ......................................

. $437,628,277 . $229,719,857 . . $59,346,345 . . . . $1,497,590 . . $1,000,000 . . . . $5,224,774 . . . . $5,167,513 . . . $1,343,274 . . $2,235,365 . . . $47,353,845
$645,616,019
... $1,024,100 . . $1,167,500 . . . $14,289,181
... $680,000
....... $--0-- $1,015,665,363 . . $437,628,277

Department of Transportation Functional Budgets

Motor Fuel Tax Budget

Total Funds

Planning and Construction

$ 729,180,617

Maintenance and Betterments

$ 231,941,331

Facilities and Equipment

9,600,000

Administration

22,469,481

Total

993,191,429

State Funds 178,669,188 220,741,331
9,000,000 21,889,481 430,300,000

General Funds Budget
Paving at State and Local Schools and State Institutions
Air Transportation Inter-Modal Transfer Facilities

Total Funds
--0-- 1,519,316 20,274,618

State Funds
--0-- 1,159,316 5,488,961

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Harbor/Intra-Coastal Waterways Activities Total

680,000 22,473,934

680,000 7,328,277

Section 43. Department of Veterans Services. Budget Unit: Department of Veterans Services .............. 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 ....................................

Veterans Service Functional Budgets Total Funds

Veterans Assistance

5,103,344

Veterans Home and Nursing Facility--Milledgeville

16,498,145

Veterans Nursing Home--Augusta

6,826,300

Total

28,427,789

$22,666,171 . $4,583,344 .. $112,500 .... $71,200 .... $--0-- .... $84,000 ..... $7,300 . . . $236,000 .... $56,500 .... $23,000 $16,284,845 . $6,250,100 . . . $719,000 $28,427,789 $22,666,171
State Funds
$ 4,843,729
$ 12,709,343
$ 5,113,099
$ 22,666,171

Section 44. Workers' Compensation Board. Budget Unit: Workers' Compensation Board.......................... $9,758,103 Personal Services................................................. $6,916,982
Regular Operating Expenses......................................... $309,620 Travel ............................................................. $62,000 Motor Vehicle Purchases............................................. $--0--
Equipment .......................................................... $9,200 Computer Charges ................................................. $314,073
Real Estate Rentals ................................................ $938,619 Telecommunications ................................................ $125,000 Per Diem, Fees and Contracts ....................................... $272,500
Payments to State Treasury....................................... $1,000,000 Total Funds Budgeted ............................................ $9,947,994 State Funds Budgeted ............................................ $9,758,103

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). .

$306,356,608

Motor Fuel Tax Funds (Issued)

$54,700,000

361,056,608

B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund State General funds (New) ....................................... $82,818,950 Motor Fuel Tax Funds (New) ........................................ $--0-- 82,818,950

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

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1865

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.
The Department of Administrative Services is authorized to develop a plan for all radio systems (including a new 800 mhz system) for all state agencies. It is also the intent of this General Assembly that all radio equipment purchases be restricted until this plan ctn be developed. All radio equipment purchases shall require the approval of the Office of Plan ning and Budget.
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 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 55. Provisions Relative to Section 17, Department of Corrections. It is the in tent of this General Assembly that chaplains, teachers and librarians be employed by con tract 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, not to exceed $200,000, to evaluate system-wide health care needs of offenders in the custody of the Department.
Section 56. 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 $1,638.66. 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 1994 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 1994 that it contributed during SFY 1993.
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 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.

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1867

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.

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.

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 ofPlanning and Budget by the Department of Education by the close of business on the same day.

Provided, that funds for pilot elementary school foreign language programs shall be used for first grade programs in schools which had pilot kindergarten programs in Fiscal Year 1993.

Provided, that the above amount of Lottery funds appropriated for Next Generation School Grants shall be used for the purchase of equipment, computer hardware and com puter software only.

Section 57. 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 compi lation, publication and distribution of the Georgia Forestry Magazine and Wood-Using In dustries in Georgia publications.

Section 58. 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 59. 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
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

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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 1994 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 oifenses or of becoming pregnant.
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.
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 the General Assembly that, in the event the Department receives additional federal funding for childhood immunizations, over and above its usual direct as sistance allocation, the Department is authorized to expend these new funds on implement ing a program of additional vaccine purchase to increase immunization rates, provided the level of such new funds is adequate to implement this action statewide, by making such vaccines available without charge to physicians licensed under Title 43, Chapter 34, and who agree not to impose a charge for such vaccine on the child recipient, the child's parent, or any other person or party. The Department also is authorized to expend a portion of any such new federal funds for the administration and implementation of this program.
Provided, that of the appropriation relative to Mental Health Community Services and Community Mental Health Center Services, $783,482 is designated and committed for ser vices for severely emotionally disturbed children and adolescents and services for the chron ically mentally ill and that funding shall be allocated to Gwinnett, Rockdale and Newton Counties based on a per client basis.
Section 60. Provisions Relative to Section 28, Law Department. Provided, the depart ment is authorized to use other funds for the use of upgrading computer systems.
Section 61. Provisions Relative to Section 29, Department of Medical Assistance.

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1869

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 is authorized to use existing funds for coverage of Occupational Ther apy Service in Home Health Services.
The Department of Medical Assistance is directed to use existing funds to cover the services of certified registered nurse anesthetists.
Section 62. Provisions Relative to Section 30, Merit System of Personnel Administra tion. The Department is authorized to assess no more than $171.50 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 SPY 1994 shall not exceed 12.5%.
It is the intent of this General Assembly that the employer contribution rate for the teachers health benefit plan for SPY 1994 shall not exceed 8.66%.
Section 63. Provisions Relative to Section 31, Department of Natural Resources. No land shall be purchased for State park purposes from funds appropriated in Section 31 (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 31.
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 up to 50 percent of the excess receipts to supplant State funds and the balance may be amended into the budget of the Parks, Recreation and Historic Sites Division for the most critical needs of the Division. This provision shall not apply to revenues collected from a state parks parking pass implemented by the Department.
Section 64. Provisions Relative to Section 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.
It is the intent of this General Assembly that the Department purchase full-size pursuit vehicles.
Section 65. 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, $5,250,000 is appropriated for eminent scholar chairs and shall be placed in the Georgia Eminent Scholars Endowment Trust Fund.
Provided that of the above Lottery funds, $17,000,000 is appropriated to establish an Equipment, Technology and Construction Trust Fund. Of the total amount, no more than $10,200,000 shall be reserved for research and technology initiatives as recommended by the

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Georgia Research Alliance. Additionally, $6,500,000 shall be used to match public and pri vate grants to public colleges and universities with a minimum of $2,100,000 of this amount allocated to senior colleges and regional universities. The Board of Regents shall allocate $1,000,000 for educational and agricultural purposes to activities that comprise Budget Unit "B" - Regents Central Office and Other Organized Activities.
It is the intent of this General Assembly that the Regents continue the conversion of Valdosta State College to Regional University status, initiate the conversion of West Geor gia College to Regional University status, study and evaluate the feasibility of converting Columbus College and Ft. Valley State College to Regional University status, and evaluate the conversion of Macon College to four-year college status. It is also the intent of this General Assembly that the Regents evaluate the necessity of creating additional off-campus and satellite programs and review the proliferation of existing off-campus and satellite programs.
It is also the intent of this General Assembly that the Regents report their progress and findings relative to the above prior to the 1994 Regular Session.
Provided, that of the above funds appropriated to Research Consortium, $50,000 is in tended for Kenaf Research.
Section 66. Provisions Relative to Section 36, Department of Revenue. It is the intent of this General Assembly that the Department of Revenue designate, based on need, the sixteen counties to be provided with on-line access to the current state motor vehicle com puter system.
Section 67. Provisions Relative to Section 37, Secretary of State. Provided, that of the funds appropriated for State Examining Boards, $75,000 is authorized for board member participation at conferences related to professional regulation.
Section 68. 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, $35,000.00 is designated and commit ted solely for Board Member Training.
Section 69. 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.

MONDAY, MARCH 22, 1993

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e.) Functions financed with General Fund appropriations shall be accounted for sepa rately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution.
f.) Bus rental income may be retained to operate, maintain and upgrade departmentowned buses, and air transportation service income may be retained to maintain and up grade the quality of air transportation equipment.
g.) State funds for any airport development project shall not exceed local funds for such project, except for airports owned by the State of Georgia.
h.) Income derived from the sale of intermodal aircraft may be retained to finance the expansion of the state aircraft facility at Charlie Brown Airport, provided further, income derived from leasing/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) (1), O.C.G.A., the Department is authorized to transfer position counts between budget functions provided that the Department's total position count shall not exceed the maximum number of annual positions assigned by law.
It is the further intent of this General Assembly that of the $485,000,000 of motor fuel tax appropriated in this act, $38,641,836 is designated and committed for the Local Assis tance Road Program.
It is the express intent of this General Assembly, by this Act, that the use of motor fuel funds for the purpose of providing annual debt service on existing or new general obligation debt, for road purposes, issued by the State of Georgia, is for the sole and specific purpose of addressing the State's special need appropriation.
The Department is authorized to use federal funds to match bond proceeds to acquire, appraise, rehabilitate and evaluate additional railroad lines.
Section 70. In addition to all other appropriations for the State fiscal year ending June 30, 1994, 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 $400,000 for the purpose of providing funds for the Weights and Mea sures, Warehouse Auditing Programs, Animal Protection Program and Feed Division; there is hereby appropriated $9,120,000 for the purpose of providing operating funds for the State physical health laboratories ($120,000 Budget Unit "A") and for State mental health/mental retardation institutions ($9,000,000 Budget Unit "B") in the Department of Human Re sources; 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 Ser vices from agency fund collections.
Section 71. Each State Agency utilizing xerographic reproducing equipment shall maintain a log for each unit of equipment indicating the date, number of copies and such other data determined to be appropriate to control the utilization of such equipment. Each State agency shall also implement procedures to control usage of long distance, GIST and credit card telephone calls, in order to mitigate the State's cost therefor.
Section 72. Each and every agency, board, commission, and authority receiving appro priations in this Act shall procure and utilize only the most economical and cost-effective motor vehicles suitable for the purpose and shall develop and enforce stringent regulations relating to the use of motor vehicles owned, leased, or rented by the State, including provi sions that employees authorized to utilize State vehicles for commuting to and from work

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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 73. To the extent to which Federal funds become available in amounts in ex cess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effec tive matching ratio experienced in the immediately preceding fiscal year, which such sup planted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the in stances of noncompliance with the stated intent of this Section.
A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contrac tor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.
Section 74. Each agency for which an appropriation is authorized herein shall main tain financial records in such a fashion as to enable the State Auditor to readily determine expenditures ad contemplated in this Appropriations Act.
Section 75. In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.
Section 76. No State appropriations authorized under this Act shall be used to con tinue programs currently funded entirely with Federal funds.
Section 77. In accordance with the requirements of Article IX, Section VI, Paragraph la of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or ap propriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required payments in full, there shall be taken from other funds appropriated to the depart ment, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.

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Section 78. (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 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 79. 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 80. 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 81. Provisions Relative to Section 45 State of Georgia General Obligation Debt Sinking Fund. With regard to the appropriation in Section 45 for "State of Georgia General Obligation Debt Sinking Fund (New)," the maximum maturities, user agencies and user authorities, purposes, maximum principal amounts and appropriations of highest an nual debt service requirements of the new debt are specified as follows:
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $14,512,320 is specifically appropriated for the pur pose of providing educational facilities for county and independent school systems through

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the State Board of Education, through the issuance of not more than $151,170,000 in princi pal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (new), $657,120 is specifically appropriated for the State Board of Education for the purpose of providing certain public library facilities for county and independent school systems, counties, municipalities, or boards of trustees of public libraries or library systems, through the issuance of not more than $6,845,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $1,661,400 is specifically appropriated for the purpose of financing projects for the Department of Education, by means of the acquisition, con struction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,100,000 in princi pal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia Obligation Debt Sinking Fund (New), $1,626,300 is specifically appropriated for the purpose of financ ing projects for the Department of Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,950,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $7,689,600 is specifically appropriated for the purpose of financing projects for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improve ment of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $80,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $2,669,760 is specifically appropriated for the purpose of financing facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improve ment of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $27,810,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $3,221,760 is specifically appropriated for the purpose of financing projects for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, wa ters, property, highways, buildings, structures, equipment or facilities, both real and per sonal, necessary or useful in connection therewith, through the issuance of not more than $33,560,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $585,000 is specifically appropriated for the purpose of financing projects for the Department of Technical and Adult Education, by means of the

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acquisition, construction, development, extension, enlargement, or improvement of land, wa ters, property, highways, buildings, structures, equipment or facilities, both real and per sonal, necessary or useful in connection therewith, through the issuance of not more than $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $819,000 is specifically appropriated for the purpose of financing projects for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, wa ters, property, highways, buildings, structures, equipment or facilities, both real and per sonal, necessary or useful in connection therewith, through the issuance of not more than $3,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $1,920,000 is specifically appropriated for the Georgia Environmental Facilities Authority for the purpose of financing loans to local governments and local government entities for water or sewer facilities or systems, through the issuance of not more than $20,000,000 in principal amount of General Obligation Debt, the instru ments of which shall have maturities not in excess of two hundred and forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $307,200 is specifically appropriated for the purpose of financing projects for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improve ment of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $182,520 is specifically appropriated for the purpose of financing projects for the Department of Industry, Trade, and Tourism, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and per sonal, necessary or useful in connection therewith, through the issuance of not more than $780,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $624,000 is specifically appropriated for the purpose of financing Georgia Music Hall of Fame projects for the Department of Community Affairs, by means of the acquisition, construction, development, extension, enlargement, or improve ment of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $19,200 is specifically appropriated for the purpose of financing Sports Hall of Fame projects for the Georgia Building Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, wa ters, property, highways, buildings, structures, equipment or facilities, both real and per sonal, necessary or useful in connection therewith, through the issuance of not more than $200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $585,000 is specifically appropriated for the purpose

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of financing projects for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, prop erty, highways, buildings, structures, equipment and facilities, both real and personal, neces sary or useful in connection therewith, through the issuance of not more than $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturi ties not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $1,296,000 is specifically appropriated for the purpose of financing projects for the Georgia Ports Authority, by means of the acquisition, construc tion, development, extension, enlargement, and improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $13,500,000 in princi pal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $795,600 is specifically appropriated for the purpose of financing projects for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improve ment of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $234,000 is specifically appropriated for the purpose of financing projects for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improve ment of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $12,000,000 is specifically appropriated for the pur pose of financing public road and bridge projects for the Department of Transportation, by means of the acquisition, construction, development, extension, enlargement, and improve ment of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $125,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $163,200 is specifically appropriated for the purpose of financing rail projects for the Department of Transportation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, prop erty, highways, buildings, structures, equipment and facilities, both real and personal, neces sary or useful in connection therewith, through the issuance of not more than $1,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturi ties not in excess of two hundred and forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $710,400 is specifically appropriated for the purpose of financing George L. Smith II Georgia World Congress Center facilities for the Depart ment of Industry, Trade, and Tourism, by means of the acquisition, construction, develop ment, extension, enlargement, or improvement of land, waters, property, highways, build ings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,400,000 in principal amount

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of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $1,920,000 is specifically appropriated for the purpose of financing projects for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, prop erty, highways, buildings, structures, equipment or facilities, both real and personal, neces sary or useful in connection therewith, through the issuance of not more than $20,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturi ties not in excess of two hundred and forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $395,040 is specifically appropriated for the purpose of financing projects for the Department of Children and Youth Service, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, wa ters, property, highways, buildings, structures, equipment or facilities, both real and per sonal, necessary or useful in connection therewith, through the issuance of not more than $4,115,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $364,800 is specifically appropriated for the purpose of financing projects for the Department of Children and Youth Service, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, wa ters, property, highways, buildings, structures, equipment or facilities, both real and per sonal, necessary or useful in connection therewith, through the issuance of not more than $3,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $487,200 is specifically appropriated for the purpose of financing projects for the Department of Human Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, prop erty, highways, buildings, structures, equipment or facilities, both real and personal, neces sary or useful in connection therewith, through the issuance of not more than $5,075,000 in principal amount of General Obligation Debt, the instruments of which shall have maturi ties not in excess of two hundred and forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $444,600 is specifically appropriated for the purpose of financing projects for the Department of Human Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, prop erty, highways, buildings, structures, equipment or facilities, both real and personal, neces sary or useful in connection therewith, through the issuance of not more than $1,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturi ties not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $369,720 is specifically appropriated for the purpose of financing projects for the Department of Human Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, prop erty, highways, buildings, structures, equipment or facilities, both real and personal, neces sary or useful in connection therewith, through the issuance of not more than $1,580,000 in principal amount of General Obligation Debt, the instruments of which shall have maturi ties not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $346,320 is specifically appropriated for the purpose of financing projects for the Department of Human Resources, by means of the acquisition,

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construction, development, extension, enlargement, or improvement of land, waters, prop erty, highways, buildings, structures, equipment or facilities, both real and personal, neces sary or useful in connection therewith, through the issuance of not more than $1,480,000 in principal amount of General Obligation Debt, the instruments of which shall have maturi ties not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $120,000 is specifically appropriated for the purpose of financing projects for the Department of Human Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, prop erty, highways, buildings, structures, equipment or facilities, both real and personal, neces sary or useful in connection therewith, through the issuance of not more than $1,250,000 in principal amount of General Obligation Debt, the instruments of which shall have maturi ties not in excess of two hundred and forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $3,689,180 is specifically appropriated for the purpose of financing projects for the Department of Corrections, by means of the acquisition, con struction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $15,765,000 in princi pal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $460,800 is specifically appropriated for the purpose of financing projects for the Department of Corrections, by means of the acquisition, con struction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,800,000 in princi pal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $249,600 is specifically appropriated for the purpose of financing projects for the Department of Corrections, by means of the acquisition, con struction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,600,000 in princi pal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $141,120 is specifically appropriated for the purpose of financing projects for the Department of Defense, by means of the acquisition, construc tion, development, extension, enlargement, or improvement of land, waters, property, high ways, buildings, structures, equipment or facilities, both real and personal, necessary or use ful in connection therewith, through the issuance of not more than $1,470,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $134,550 is specifically appropriated for the purpose of financing projects for the Department of Administrative Services, by means of the acqui sition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $575,000 in principal amount of General Obligation Debt, the instruments of which shall have matu rities not in excess of sixty months.

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Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $1,440,000 is specifically appropriated for the purpose of financing projects for the Georgia Building Authority, by means of the acquisition, con struction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $15,000,000 in princi pal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $213,600 is specifically appropriated for the purpose of financing projects for the Georgia Building Authority, by means of the acquisition, con struction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,225,000 in princi pal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $355,200 is specifically appropriated for the purpose of financing projects for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improve ment of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,710,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $720,000 is specifically appropriated for the purpose of financing projects for the Jekyll Island-State Park Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, prop erty, highways, buildings, structures, equipment or facilities, both real and personal, neces sary or useful in connection therewith, through the issuance of not more than $7,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturi ties not in excess of two hundred and forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $1,776,000 is specifically appropriated for the purpose of financing projects for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, prop erty, highways, buildings, structures, equipment or facilities, both real and personal, neces sary or useful in connection therewith, through the issuance of not more than $18,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturi ties not in excess of two hundred and forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $2,367,840 is specifically appropriated for the purpose of financing projects for the Georgia Ports Authority, by means of the acquisition, construc tion, development, extension, enlargement, or improvement of land, waters, property, high ways, buildings, structures, equipment or facilities, both real and personal, necessary or use ful in connection therewith, through the issuance of not more than $24,665,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $10,848,000 is specifically appropriated for the pur pose of financing projects for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improve ment of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not

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more than $113,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $1,344,000 is specifically appropriated for the purpose of financing projects for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improve ment of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $14,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $2,112,000 is specifically appropriated for the purpose of financing projects for the Stone Mountain Memorial Association, by means of the acquisi tion, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $22,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $240,000 is specifically appropriated for the purpose of financing projects for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improve ment of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Section 82. Salary Adjustments. The General Assembly has distributed to and in cluded in the agency appropriations listed hereinbefore State funds for the purposes de scribed herein: 1.) To provide a general performance based increase of 2.5% for employees of the Judicial, Legislative and Executive branches to be awarded on each employee's anni versary date. Increases are contingent on an employee's performance rating of satisfactory or better. 2.) To add an L-5 longevity factor for teachers, public librarians, and other certifi cated instructional and support personnel. 3.) To provide a 1.75% salary adjustment for State-paid school bus drivers and lunchroom workers effective July 1, 1993. 4.) To provide an increase of 2.5% for each State official (excluding the members of the General Assembly) whose salary is set by Act 755 (H.B. 262) of the 1978 Regular Session of the Georgia General Assembly, as amended, as authorized in said act, Code Section 45-7-4, effective July 1, 1993. 5.) To provide a 2% formula funding level for merit increases for Regents faculty and sup port personnel to be awarded on July 1, 1993 for non-academic personnel and September 1, 1993 for academic personnel.
Section 83. TOTAL STATE FUND APPROPRIATIONS State Fiscal Year 1994 .......................................... $8,958,192,764
Section 84.--This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 85. All laws and parts of laws in conflict with this Act are repealed.
Senator Dawkins of the 45th moved that the Senate adopt the Conference Committee report on HB 259.

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

Those voting in the affirmative were Senators:

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

Garner Gillis
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 Taylor Thomas Thompson Turner Tysinger Walker

Those voting in the negative were Senators:

Balfour Burton

Day Glanton

Gochenour Newbill

On the motion, the yeas were 50, nays 6; the motion prevailed, and the Senate adopted the Conference Committee report on HB 259.

The President announced that the Senate would stand in recess from 6:20 o'clock P.M. until 6:40 o'clock P.M.

At 6:40 o'clock P.M., the President called the Senate to order.

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

Mr. President:

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

SR 21. By Senators Isakson of the 21st, Garner of the 30th, Cheeks of the 23rd and others:
A resolution creating the Atlanta Campaign Commission.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:

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.

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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 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.
The Speaker has appointed on the part of the House, Representatives Dover of the 9th, Johnson of the 84th and Dix of the 76th.
The House has disagreed to the Senate amendment to the following bill of the House:
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.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:
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.
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 House has disagreed to the Senate substitute to the following bill of the House:
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.
The House has agreed to the Senate amendment, to the House amendment, to the fol lowing bill of the Senate:
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

MONDAY, MARCH 22, 1993

1883

owned real property shall be entitled to receive a grant of funds based on the value of public services provided.
The House has disagreed to the Senate amendments to the following bills of the House:
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 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.
The House recedes from its position in amending the following bill of the Senate:
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 House recedes from its position in substituting the following bill of the Senate:
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.
The House insists on its position in amending the following 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.

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

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

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

Amend HB 949 by striking lines 4 through 13 of page 3 and inserting in lieu thereof the following:
"the insurer's own securities."

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 Blitch Boshears Bowen Broun of 46th
Brown of 26th Burton Cheeks Coleman Crotts Dean Edge Egan Farrow

Gillis Glanton Gochenour Harbison 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 Thomas Thompson Turner Tysinger

Those not voting were Senators:

Baugh Clay Dawkins

Day Garner Hill

Langford of 35th 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.

MONDAY, MARCH 22, 1993

1885

The following bill of the House was taken up for the purpose of considering the House action thereon:
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.
Senator Starr of the 44th moved that the Senate adhere to the Senate substitute to HB 689, and that a Conference Committee be appointed.
On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 689.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Clay of the 37th, Starr of the 44th and Walker of the 22nd.
The following resolution of the Senate was taken up for the purpose of considering the House action thereon:
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.
Senator Isakson of the 21st moved that the Senate adhere to its disagreement to the House substitute to SR 21, and that a Conference Committee be appointed.
On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House substitute to SR 21.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Starr of the 44th, Isakson of the 21st and Hemmer of the 49th.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
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. Senate Sponsor: Senator Thompson of the 33rd.
The Senate Committee on Urban and County Affairs offered the following amendment:
Amend HB 661 by striking lines 15 and 16 of page 1 and inserting in lieu thereof the following:
"applicant shall pay a licenses fee of $20.00 $30.00,".

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

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

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

Those voting in the affirmative were Senators:

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

Blitch Clay

Dawkins Garner

Taylor

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

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

The following bills of the House and Senate were taken up for the purpose of consider ing the House action thereon:

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.

Senator Gillis of the 20th moved that the Senate insist upon Senate Amendment No. 1, as follows, and recede from Senate Amendments Nos. 2 and 3, as follows:

Senate Amendment No. 1:

Amend HB 786 by striking "or an agent or" and inserting in its place "or an" on line 14 of page 1.

MONDAY, MARCH 22, 1993

1887

Senate Amendment No. 2:
Amend HB 786 by adding on page 1, line 10 after (39):
"and (40)";
and
by adding on page 1, line 17:
"(40) Sales by any public or private school containing any combination of grades kin dergarten through 12 of concessions or of tickets for admission to a school athletic, band, choral, or theatrical event, provided that the net proceeds from such sales are used solely for the benefit of such public or private school or its students";
Senate Amendment No. 3:
Amend HB 786 by adding a new Section 2 on line 17 as follows:
"Section 2. The sale of electricity for chloralkali manufacturing processes when made to any purchaser for purposes other than resale shall constitute a retail sale."
On the motion, the yeas were 42, nays 5; the motion prevailed, and the Senate insisted upon Senate Amendment No. 1 and receded from Senate Amendments Nos. 2 and 3 to HB 786.
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.
Senator Kemp of the 3rd moved that the Senate adhere to its disagreement to the House substitute to SB 70, and that a Conference Committee be appointed.
On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House substitute to SB 70.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Kemp of the 3rd, Boshears of the 6th and Blitch of the 7th.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
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.
Senate Sponsor: Senator Egan of the 40th.
Senator Perdue of the 18th offered the following amendment:
Amend HB 75 by striking on line 20 of page 1 the following:
"or existing",

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and inserting in lieu thereof the following: ", or not yet due but existing,".

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

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

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Bau8h Boshears
oBroun o,f 4..6,, t^h Brown of 26th Burton Cheeks QJ Coleman Crotts 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 Tysinger Walker

Voting in the negative was Senator Egan.

Those not voting were Senators:

Blitch

Dawkins

Turner

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

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

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

HB 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.

Senator Clay of the 37th moved that the Senate insist upon the Senate amendment to HB 333.

MONDAY, MARCH 22, 1993

1889

On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendment to HB 333.

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

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".
Senate Sponsor: Senator Ragan of the llth.

The Senate Committee on Agriculture offered the following amendment:

Amend HB 341 by adding in the title at the end of line 6 of page 1 the following:
"provide that this Act does not preclude the producer from commencing and maintain ing an action against the dealer as in any civil action; to".
By striking from line 14 of page 1 the following:
"(b) and (c)",
and inserting in lieu thereof the following:
"(b), (c), and (d)".
By adding on line 14 of page 2 between the word "dealer" and the word "in" the following.
"and the producer".
By adding on line 15 of page 1 between the word "shall" and the word "issue" the word "jointly".
By striking the quotation marks at the end of line 2 of page 3 and by adding between lines 2 and 3 on page 3 the following:
"(d) This Code section does not preclude the producer from commencing and maintain ing aiTaction against the dealer as in any civil action.'"

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 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

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Huggins Kemp Langford of 35th Langford of 29th MMaardadbelne
Middleton
Newbill Oliver

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

Slotin Starr Taylor Thomas ,,T,h, ompson
Turner
Tysinger Walker

Those not voting were Senators:

Alien

Hooks

Isakson

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 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.
Senate Sponsor: Senator Coleman of the 1st.

The Senate Committee on Public Safety offered the following substitute to HB 164:

A BILL
To be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to 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; to prohibit the payment of a total loss claim by an insurer until the owner provides title to the vehicle to the insurer for submission to the state for the addition of a salvage legend to such title; to impose certain requirements on owners, insurers, and lienholders to submit titles for salvage motor vehicles to the commissioner for cancellation; to provide for penalties for noncompliance; to require an insurer to notify the owner of any motor vehicle for which a total loss claim is paid of all obligations regarding the registration and title of such vehicle prior to payment of such claim; to exempt certain vehicles suffering only minor damage from the definition of a salvage vehicle; to require inspection of stolen vehicles for which insurance claims are paid in order to determine whether such vehicles are to be declared salvage vehicles; to provide for designation of flood damaged and fire dam aged vehicles on the face of the certificate of title; to prohibit issuance of a title for any vehicle declared nonrebuildable by any other state; to authorize exclusion of mobile homes from the certificate of title laws upon conversion to real property status; to provide for reissuance of a certificate of title to a mobile home which has been reconverted to tangible personal property status; to authorize imposition of an additional fee for issuance of a certif icate of title for a vehicle previously titled in another country; to impose certain restrictions on rebuilders; to provide that vehicles damaged to the extent that safe repair of such vehicle is impossible shall not be titled under any circumstances; to provide for editorial revisions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles,

MONDAY, MARCH 22, 1993

1891

is amended by striking Code Section 40-2-8, relating to operation of an unregistered vehicle or a vehicle without a license plate, in its entirety and inserting in lieu thereof the following:
"40-2-8. (a) Any person owning or operating any vehicle described in Code Section 40-220 on any public highway or street after May 1 of each year without complying with that Code section shall be guilty of a misdemeanor, provided that a person shall register his or her motor vehicle within 30 days after becoming a resident of this state. Any person renting^ leasing, or loaning any vehicle described in Code Section 40-2-20 which is being used on any public highway or street after May 1 of each year without complying with that Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of $100.00 for each violation; and each day that such vehicle is operated in violation of Code Section 40-2-20 shall be deemed to be a separate and distinct offense.
(b) Any vehicle operated in the State of Georgia after May 1 of any year which is re quired to be registered and which does not have attached to the rear thereof a numbered license plate and current revalidation decal affixed to the upper right-hand corner of the license plate, if required, shall be stored at the owner's risk and expense by any law enforce ment officer of the State of Georgia. It shall be a misdemeanor to operate any vehicle re quired to be registered in the State of Georgia without a valid numbered license plate prop erly validated; provided, however, that the purchaser of a new vehicle or a vehicle which does not have a current and valid registration or a used vehicle may operate such vehicle on the public highways and streets of this state without a current valid license plate during the 21 day period within which the purchaser is required by Code Section 40-2-20 to register or transfer the registration of such vehicle and provided, further, that the purchaser and opera tor of a vehicle shall not be subject to the penalties set forth in this Code section during the period allowed for the registration or transfer of registration. If the owner of such vehicle presents evidence that he such owner has properly applied for the registration of such vehi cle, but that the license plate or revalidation decal has not been delivered to him such owner, then the owner shall not be subject to the above penalties.
(c) It shall be unlawful and punishable as for a misdemeanor to operate any vehicle required to be registered in the State of Georgia without a valid county decal designating the county where the vehicle was last registered. Any person convicted of such offense shall be punished by a fine of $25.00 for a first offense and $100.00 for a second or subsequent such offense. However, a county name decal shall not be required if there is no space pro vided for a county name decal on the current license plate.
(d) It shall be unlawful and punishable as for a misdemeanor to operate any vehicle required to be registered in the State of Georgia without maintaining either the original certificate of registration for such vehicle or a copy of such certificate in the vehicle at all times. The driver of any motor vehicle shall present proof of registration upon demand by any law enforcement officer."
Section 2. Said title is further amended by striking subsection (a) of Code Section 40-220, relating to motor vehicle registration and licensing requirements, in its entirety and in serting in lieu thereof the following:
"(a) Except as provided in subsection (b) of this Code section, every owner of a motor vehicle, including a tractor or motorcycle, and every owner of a trailer shall, on or before May 1 in each year, before he shall operate such motor vehicle or trailer, register such vehi cle as provided in this chapter and obtain a license to operate it for the ensuing year. The purchaser of every new motor vehicle or other motor vehicle which does not have a current and valid Georgia registration, including tractors and motorcycles, or trailer shall, within 21 days of the date of purchase of such vehicle, register such vehicle as provided in this chap ter, and obtain a license to operate it for the ensuing year, and concurrently apply for a certificate of title in accordance with Chapter 3 of this title. The purchaser of every used motor vehicle, including tractors and motorcycles, or trailer which is currently registered shall, within 21 days of the purchase of such vehicle, transfer such registration as provided in Code Section 40-2-42 and concurrently apply for a certificate of title in accordance with Chapter 3 of this title. No person, company, or corporation, including, but not limited to,

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used motor vehicle dealers and auto auctions, shall sell or transfer a motor vehicle without providing to the purchaser or transferee of such motor vehicle the current Georgia certifi cate of registration on such vehicle at the time of such sale or transfer or, if such vehicle does not have a current and valid Georgia certificate of registration, the last certificate of registration for such vehicle; provided, however, that in the case of a repossessed or leased motor vehicle, a court ordered sale or other involuntary transfer, a salvage motor vehicle, or a motor vehicle which is stolen but subsequently recovered by the insurance company after payment of a total loss claim, the lienholder or lessor, the transferor, the salvage dealer, or insurer, respectively, shall not be required to obtain and transfer the certificate of registra tion for such vehicle, but shall, prior to the sale of such vehicle, surrender the license plate of such vehicle to the commissioner or the county tag agent by personal delivery or by certified mail for cancellation; provided, further, that in those cases where there is no cur rent and valid Georgia certificate of registration or in those situations where the person, company, or corporation selling or transferring the motor vehicle does not possess the certif icate of registration, then the purchaser or transferee of such motor vehicle, if such pur chaser or transferee is a licensed motor vehicle dealer, may apply to the appropriate county or state for a replacement certificate of registration."
Section 3. Said title is further amended by striking subsection (b) of Code Section 40-266, relating to transfer of special license plates for members of Georgia National Guard, in its entirety and inserting in lieu thereof the following:
"(b) Upon transfer of the ownership of a private passenger vehicle upon which there is a license plate bearing the words 'National Guard,' such plate shall be removed and the authority to use the same shall thereby be canceled; however, after such a transfer of owner ship occurs, should the said member or retired member of the National Guard acquire an other motor vehicle, the license plate issued pursuant to this Code section may be placed on such newly acquired motor vehicle and such member or retired member shall notify the commissioner of such transfer of the license plate to such newly acquired motor vehicle in such manner as the commissioner may prescribe by regulation and shall pay a transfer and cancellation fee of $1.00 $5.00 and shall also pay license fees in an amount, if any, that the license fee for the newly acquired vehicle exceeds the license fee of the original vehicle. No transfer or cancellation fee shall be charged for the transfer of free National Guard license plates. There shall be a transfer and cancellation fee of $1.00 $5.00 for the transfer of any other National Guard license plate. Should a member of the National Guard who has been issued a National Guard license plate be discharged or otherwise separated except by retire ment from the National Guard, the immediate commanding officer of such member shall obtain the discharged member's National Guard license plate at the time of the discharge and shall forward same to the commissioner along with a certificate to the effect that such member has been discharged, and thereupon the commissioner shall issue a regular license plate, at no additional charge, to such former National Guard member to replace the Na tional Guard plate. Should a member of the National Guard enlist or be commissioned in the National Guard after he has purchased a regular license plate for the current year, the commanding officer of the unit in which such member enlists or is commissioned shall like wise secure the regular license plate of such new member and return same to the commis sioner, along with a certificate to the effect that such new member has been enlisted or commissioned in the National Guard and the effective date thereof, whereupon the commis sioner shall issue a National Guard license plate, at no extra charge, to such new member to replace the regular plate returned to him. Upon such request for a change in plate for a discharged member of the National Guard or a newly enlisted member of the National Guard, the commanding officer shall furnish such member with a copy of his letter to the commissioner requesting the appropriate change in plate, which copy of such letter may be used by such member pending the issuance of the new plate."
Section 4. Said title is further amended by striking paragraph (11) of Code Section 40-

MONDAY, MARCH 22, 1993

1893

3-2, relating to the definition of salvage motor vehicle, in its entirety and inserting in lieu thereof the following:
"40-3-2. (11) 'Salvage motor vehicle' means any motor vehicle:
(A) Which has been damaged to the extent that its restoration to an operable condition would require the replacement of two or more major component parts but shall not mean any such motor vehicle which has been repaired and the title to which ia not transferred aa a result of aueh damage or repair;
(B) Which has been acquired by an insurance company as the result of the vehicle's being damaged to the extent that its restoration to an operable condition would require the replacement of two of more major component parts;
{} (B) For which an insurance company has paid a total loss claim and the vehicle has not been repaired, regardless of the extent of damage to such vehicle or the number of major component parts required to repair such vehicle, but shall not mean or include any stolen motor vehicle for which an insurance company paid a total loss claim and which waa subse quently recovered undamaged or damaged only to the extent that its restoration to an oper able-condition would not require the replacement of two or more major component parts aftd-which has the manufacturer's vehicle identification number plate intact; which has been recovered with the public manufacturer's vehicle identification number plate intact and the vehicle:
(i) Is undamaged;
(ii) Has only cosmetic damage; or
(iii) Has been damaged but only to the extent that its restoration to any operable condition will not require the replacement of two or more major component parts;
(B) (C) Which is an imported motor vehicle which has been damaged in shipment and disclaimed by the manufacturer as a result of the damage, has never been the subject of a retail sale to a consumer, and has never been issued a certificate of title.
The term salvage motor vehicle shall not include any motor vehicle for which a total loss claim has been paid which vehicle has sustained only cosmetic damage from causes other than fire or floodl"
Section 5. Said title is further amended by striking paragraphs (17) and (18) of Code Section 40-3-4, relating to exclusions from the certificate of title law, in their entirety and inserting in lieu thereof the following:
(17) A vehicle with a model year prior to 1963; ef
(18) A moped? ; or
(19) A mobile home which has been declared real property by the tax commissioner or tax collector of the county within which such mobile home is located, and which mobile home is taxed as real property:
(A) The owner of a mobile home which has a valid certificate of title and which be comes subject to the exclusion provided for in this paragraph shall apply for retirement oT the certificate of title on the form prescribed by the commissioner.
(B) If, subsequent to retirement of the title on a mobile home which has been declared real property and taxed as such, the mobile home is reconverted to tangible personal prop erty the owner may apply for a new certificate of title in the manner prescribed by the commissioner."
Section 6. Said title is further amended by striking subsection (a) of Code Section 40-321.1, relating to the impact fee for a vehicle titled outside of Georgia, in its entirety and inserting in lieu thereof the following:
"(a) When a certificate of title is issued for a motor vehicle that, at the time of applying for a certificate of title, is and has been titled in another state or country, a fee shall be

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levied of a minimum of $40.00 and a maximum of $200.00. The fee shall be based on the value of the vehicle as published in a schedule compiled by the state revenue commissioner; provided, however, that the maximum fee shall apply to all vehicles with a fair market value in excess of $25,000.00. Persons who have paid an equivalent fee on such motor vehicle in the state of origin within 90 days of applying for a new certificate of title in this state shall receive a credit against the fee due under this subsection."
Section 7. Said title is further amended by striking Code Section 40-3-36, relating to salvage certificates of title, in its entirety and inserting in lieu thereof the following:
"40-3-36. (a) (1) Any registered owner or authorized agent of a registered owner who in any manner sells or disposes of any motor vehicle as scrap metal or parts only or who scraps, dismantles, or demolishes a motor vehicle shall within 72 hours mail or deliver the certificate of title to the commissioner for cancellation.
(2) (A) The registered owner of any motor vehicle which is damaged to the extent that its restoration to an operable condition would require the replacement of the front clip as sembly, which includes the fenders, hood, and bumper; the rear clip assembly, which in cludes the quarter panels and the floor panel assembly; the top assembly, excluding a soft top; the frame; and a complete side, which includes the fenders, door, and quarter panel shall mail or deliver the certificate of title to the commissioner for cancellation.
(B) A motor vehicle owner who retains possession of a damaged vehicle which is a sal vage motor vehicle as defined in paragraph (11) of Code Section 40-3-2 shall surrender the license plates and registration for such vehicle, shall not operate such vehicle upon the roads of this state, and shall not sell, trade, or otherwise dispose of such vehicle prior to obtaining a salvage certificate of title for such vehicle.
(B) (C) Any insurance company which acquires a damaged motor vehicle by virtue of having palcT a total loss claim shall mail or deliver the certificate of title to the commissioner for cancellation. In every case in which a total loss claim is paid and the insurance company does not acquire such damaged motor vehicle, the insurance company paying such total loss claim, the vehicle owner, and the lienholder or security interest holder, as applicable, shall notify the commiaaioner and the owner of the payment of a total loaa claim. Prior To pay ment of auch claim, the insurance company shall inform the owner of the vehicle, in writing, on a form prescribed by the commissioner, of all title and registration obligations attendant to retaining auch vehicle, take the following steps to secure a salvage certificate of title for such motor vehicle:
(i) If the vehicle owner is in possession of the certificate of title, the owner shall deliver the certificate of title to the insurance company prior to any payment of the claim, and the insurance company shall mail or deliver the certificate of title, an application for a salvage certificate of title, and the form provided by the commissioner for issuance of a salvage certificate of title;
(ii) If the certificate of title has been lost, destroyed, or misplaced, the vehicle owner shall, prior to payment of the claim on such vehicle, complete an application for a replace ment title on the form provided by the commissioner and deliver such application and form to the insurance company and the insurance company shall mail or deliver such application and form to the commissioner for issuance of a replacement original title marked salvage;
(iii) If the lienholder or security interest holder has possession of the certificate of title, the vehicle owner shall complete an application for a replacement title on a form provided by the commissioner and shall deliver the completed form to the insurance company prior to the payment of the claim; the insurance company shall thereafter mail or deliver the application to the commissioner with notice of the payment of the total loss claim and the name and address of the lienholder or security interest holder in possession of the title. The commissioner shall mail notice to the lienholder or security interest holder that a total loss claim has been paid on the vehicle and that the title to such vehicle has been cancelled, and the commissioner shall provide to the lienholder or security interest holder a salvage certifi cate of title for such vehicle, provided that the validity of the security interest shall not be

MONDAY, MARCH 22, 1993

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affected by issuance of a salvage certificate of title. The lienholder or security interest holder shall, within ten days after receipt of such notice of total loss claim and cancellation of the original certificate of title, mail or deliver the cancelled original certificate of title to the commissioner; or
(iv) For the sole purpose of payment of a total loss claim, for any vehicle ten years of age or older for which neither the vehicle owner nor the lienholder or security interest holder, if any, possesses a certificate of title, the vehicle owner shall deliver the vehicle li cense plate and certificate of registration for such vehicle to the insurance company prior to payment of any claim and the insurance company shall mail or deliver the license plate and certificate of registration to the commissioner with a completed form provided by the com missioner; provided, however, that the vehicle owner shall not operate such vehicle and the owner shall obtain a certificate of title for such vehicle as provided by law, which certificate of title shall then be subject to cancellation as provided in this paragraph.
(D) The Department of Revenue shall give priority to the title submissions provided for in subparagraph (C) of this paragraph and shall issue a salvage certificate of title for such vehicles within seven days of receipt of such submissions by an insurance company.
(b) Except as provided in subsection (a) of this Code section, any person, firm, or corpo ration which purchases or otherwise acquires a salvage motor vehicle shall apply to the com missioner for a salvage certificate of title for such motor vehicle within 30 days of the purchase or acquisition of the motor vehicle or within 30 days of the payment of a total loss claim as provided in paragraph (2) of subsection (a) of this Code section to the registered owner of the salvage motor vehicle, if the person, firm, or corporation intends to operate or to sell, convey, or transfer the motor vehicle; and no such person, firm, or corporation shall sell, transfer, or convey a salvage motor vehicle until such person, firm, or corporation has applied for and obtained a salvage certificate of title.
(c) The application for a salvage certificate of title shall be made in a manner to be prescribed by the commissioner.
(d) Any certificate of title which is issued to a salvage motor vehicle, as provided for in this Code section, shall contain the word 'salvage' on the face of the certificate in such a manner as the commissioner may prescribe, so as to indicate clearly that the motor vehicle described is a salvage motor vehicle.
(e) Notwithstanding this subsection and subsections (c) and (d) of Code Section 40-337, the legend 'rebuilt' or 'salvage' shall only be required to be placed on the certificate of title to a vehicle which was declared a salvage vehicle on or after July 1, 1979, and which was subsequently rebuilt.
(f) As an alternative to criminal or other civil enforcement, the commissioner, in order to enforce this Code section or any orders, rules, and regulations promulgated pursuant to this Code section, may issue an administrative fine not to exceed $1,000.00 for each viola tion, whenever the commissioner, after a hearing, determines that any person has violated any provisions of this Code section or any regulations or orders promulgated under this Code section. The hearing and any administrative review thereof shall be conducted in ac cordance with the procedure for contested cases under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any person who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the commis sioner shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. All fines recovered under this subsection shall be paid into the state treasury. The com missioner may file, in the superior court (1) wherein the person under order resides; (2) if such person is a corporation, in the county wherein the corporation maintains its principal place of business; or (3) in the county wherein the violation occurred, a certified copy of a final order of the commissioner, whether unappealed from or affirmed upon appeal, where upon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect and proceedings in relation thereto shall thereafter be

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the same as though the judgment had been rendered in an action duly heard and deter mined by the court. The penalty prescribed in this Code section shall be concurrent, alter native, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to the commissioner with respect to any violation of this Code section or any order, rules, or regulations promulgated pursuant thereto.
(g) The Commissioner of Insurance is authorized to enforce the provisions of this Code section to the extent such provisions are applicable to insurers which are under the jurisdic tion of the Insurance Department. The Commissioner of Insurance is also authorized to cooperate with the commissioner in enforcing this Code section and to provide the commis sioner with any information acquired by the Commissioner of Insurance during any investi gation or proceeding involving this Code section. Nothing in this subsection shall be con strued to limit the powers and duties of the commissioner to enforce the provisions of this Code section as such provisions apply to insurers.
(h) It shall be unlawful for any person, firm, or corporation to violate the provisions of subsection (a), (b), or (c) of this Code section; and any person, firm, or corporation con victed of violating such provisions shall be guilty of a misdemeanor. Any owner of a salvage motor vehicle who transfers or attempts to transfer such vehicle without obtaining a salvage certificate of title for such vehicle shall be guilty of a misdemeannor of a high and aggra vated nature, punishable by a fine not to exceed $5,000.00. Any lienholder or security inter est holder who, after notice by the commissioner of payment of a total loss claim and cancellation of the title of a vehicle, fails or refuses to return the title to the commissioner or who surrenders the title to anyone other than the commissioner shall be guilty of a misdemeanor of a high and aggravated nature, punishable by a fine not to exceed $5,000.001
(i) The registered owner who retains possession of a salvage motor vehicle to whom a total loss claim has been paid shall promptly remove the license plate from such vehicle and return such plate to the commissioner for cancellation. An insurer which pays a total loss claim shall, on a form prescribed by the commissioner, notify the owner of the duty to remove and return such license plate for cancellation and of all inspection requirements for rebuilding or restoring such vehicle.
(j) If any insurance company pays a total loss claim to the registered owner of a salvage motor vehicle titled in Georgia and takes possession of the salvage motor vehicle, then such insurance company, or its designee, shall remove the license plate, if available, from such vehicle and return such license plate to the commissioner for cancellation. If such license plate is unavailable, then the insurance company shall notify the commissioner of the li cense plate number of such salvage motor vehicle."
Section 8. Said title is further amended by adding a new code Section 40-3-36.1 to read as follows:
"40-3-36.1. For any salvage motor vehicle which, after inspection, it is determined that repair to an operable condition does not require replacement of two or more major compo nent parts but it is determined that the damage to the vehicle is a result of flood or fire shall be designated as flood damaged or fire damaged by the commissioner and such designation shall be indicated on the face of the certificate of title for such vehicle."
Section 9. Said title is further amended by striking Code Section 40-3-37, relating to inspection of salvaged and rebuilt vehicles, in its entirety and inserting in lieu thereof the following:
"40-3-37. (a) As used in this Code section, the term:
(1) 'Application for a certificate of title on a recovered stolen motor vehicle' means an application for a certificate of title for a motor vehicle for which an insurance company has paid a total loss claim, has obtained a title marked 'unrecovered stolen motor vehicle,' and which has subsequently been recovered.

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(2) 'application Application for a certificate of title on a salvaged or rebuilt motor vehi cle' means:
{1} (A) An application for a certificate of title for a motor vehicle for which a current Georgia certificate of title is marked 'salvage' pursuant to subsection (e) of Code Section 403-36 and which has been repaired;
{2} (B) An application for a certificate of title for a motor vehicle for which a current out-of-state certificate of title is marked 'salvage,' 'rebuilt,' or 'restored,' or any similar such phrase; or
{3} (C) An application for a certificate of title for a motor vehicle for which a current Georgia certificate of title is marked 'salvage' pursuant to subsection (e) of Code Section 403-36 and for which the transferee is anyone other than a licensed dealer as defined in Code Section 43-48-2.
(b) (1) Upon receipt of an application for a certificate of title on a salvaged or rebuilt motor vehicle, the commissioner shall promptly conduct an initial inspection on each such motor vehicle prior to the issuance of a certificate of title for the motor vehicle. Upon re ceipt of an application for a certificate of title on a recovered stolen motor vehicle which has been stripped of:
(A) Substantially all its interior parts;
(B) Engine;
(C) Transmission;
(D) All doors;
(E) Complete soft top assembly including roof mechanism;
(F) Front clip assembly (fenders, hood, and bumper); or
(G) Cab and bed of a pick-up truck,
the commissioner shall promptly conduct an initial inspection on each such motor vehicle prior to the issuance of a certificate of title for the motor vehicle. The initial inspection shall include, but shall not be limited to, verification of the vehicle identification number, verifi cation of the bills of sale or title for the major components, verification in regard to rebuilt vehicles that the word 'rebuilt' is permanently affixed as required by subsection (d) of this Code section, verification that the vehicle was rebuilt in the State of Georgia, and, if the vehicle has been repaired, verification that the motor vehicle conforms to all safety equip ment standards required by law. The commissioner shall be authorized to charge a fee of $50.00 for each initial inspection of each motor vehicle inspected. In the event a third or subsequent reinspection is required for any one motor vehicle under this Code section, the commissioner shall be authorized to charge a fee of $50.00 for the third and each subsequent reinspection. The commissioner may conduct any such initial inspection and any required reinspections even though the motor vehicle may have been previously inspected under this Code section.
(2) If, upon inspection under paragraph (1) of this subsection, it is determined that the motor vehicle is not in full compliance with the law, the commissioner shall refuse to issue a certificate of title until compliance is reached. The commissioner may order additional, cor rective repairs to such vehicle as a condition of issuance of a certificate of titleT
(c) All applications submitted pursuant to this Code section shall be accompanied by one or more photographs of the motor vehicle in its salvaged condition before any repairs have been made to such vehicle, which photographs shall be used by the commissioner in his inspections of the vehicle pursuant to this Code section. Any person who rebuilds or repairs a salvage motor vehicle shall submit an application for a certificate of title and obtain an inspection of such vehicle prior to the painting of such vehicle!
(d) (1) (A) Upon inspection under subsection (b) of this Code section, if it is deter mined that the motor vehicle has been restored to an operable condition by the replacement

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of two or more major component parts, a certificate of title may be issued for such motor vehicle which shall contain the word 'rebuilt' on its face in such manner as the commissioner shall prescribe. This requirement will indicate to all subsequent owners of the motor vehicle that such is a rebuilt motor vehicle. If any such inspection determines that the motor vehi cle shall require the replacement of two or more major component parts in order to restore the motor vehicle to an operable condition, a certificate of title may be issued for such motor vehicle which shall contain the word 'salvage' on its face in such manner as the com missioner shall prescribe. This requirement will indicate to all subsequent owners of the motor vehicle that such is a salvage motor vehicle.
(B) If it is determined that the motor vehicle required or shall require the replacement of two or more major component parts in order to restore the motor vehicle to an operable condition, the person, firm, or corporation restoring or owning such motor vehicle shall cause the word 'rebuilt' to be permanently affixed to said motor vehicle after inspection by the commissioner. The word 'rebuilt' shall be affixed in a clear and conspicuous manner to the door post or such other location as the commissioner may prescribe. The word 'rebuilt' shall be stamped on the motor vehicle or shall be stamped on a metal plate which shall be riveted to the motor vehicle or shall be permanently affixed to the motor vehicle in such manner as the commissioner may prescribe. The requirement of this subparagraph shall only apply to motor vehicles restored after November 1, 1982.
(2) Upon inspection by the commissioner and compliance with paragraph (2) of subsec tion (b) of this Code section, if it is determined that the motor vehicle does not require the replacement of two or more major components or has not had two or more major compo nents changed, a certificate of title may be issued.
(3) If, after the initial inspection, the commissioner determines that the damage is so extensive that returning such vehicle to a safe, operable condition is impossible, the salvage certificate shall be revoked and such vehicle may only be used for scrap or parts. A vehicle for which such a determination is made shall not be issued a title under any circumstances or conditions including but not limited to obtaining of a surety bond.
(e) Any person, firm, or corporation who rebuilds or repairs a motor vehicle whose cur rent certificate of title is marked 'salvage' shall make application for and obtain a certificate of title as provided in this Code section prior to the sale or transfer of said motor vehicle. If, under the laws of any other state, a vehicle has been declared to be nonrebuidable, tEe commissioner shall not issue any certificate of title for such vehicle and the vehicle shall not be used for any purpose except parts.
(f) (1) Motorcycles shall be exempt from the salvage laws of this state.
(2) Motor vehicles which have been altered by the installation of a glider kit shall be issued a certificate of title containing the word 'rebuilt.'"
Section 10. Said title is further amended by striking subsection (c) of Code Section 403-56, relating to satisfaction of security interests and liens, in its entirety and inserting in lieu thereof the following:
"(c) Except for liens and security interests listed on certificates of title for mobile homes, cranes, or vehicles which weigh more than 10,000 pounds gross vehicle weight, which shall be satisfied only in conformity with subsections (a) and (b) of this Code section, any lien or security interest shall be considered satisfied and release shall not be required after ten years from the date of issuance of a title on which such lien or security interest is listed. None of the provisions of this Code section shall preclude the perfection of a new lien or security agreement, or the perfection of an extension of a lien or security agreement beyond a period of ten years, by application for a new certificate of title on which such lien or security agreement is listed. In order to provide for the continuous perfection of a lien or security interest originally entered into for a period of more than ten years for a vehicle other than a motor mobile home, crane, or vehicle which weighs more than 10,000 pounds gross vehicle weight, an application for a second title on which the lien or security interest is listed must be submitted to the commissioner before ten years from the date of the original

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title on which such lien or security interest is listed. Otherwise the lien or security interest shall be perfected as of the date of receipt of the application by the commissioner."
Section 11. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 42, 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 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 Parrish Perdue Pollard Ragan of llth Ralston Ray Robinson Slotin Starr Taylor Thomas Turner Tysinger Walker

Voting in the negative were Senators Dean and Ragan of 32nd.

Those not voting were Senators:

Alien Garner

Scott

Thompson

On the passage of the bill, the yeas were 50, nays 2.

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

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

SB 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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The House substitute to SB 295 was as follows:
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 change a definition; to provide for applicability of said article to principals who do business in this state; to provide for other matters relative to the foregoing; to regulate unfair or deceptive practices toward the elderly; to provide for definitions; to provide for civil penalties; to provide for determi nation of civil penalties; to provide for a cause of action; to provide for education initiatives; to provide for referrals; to provide for inherent power; to provide for confidentiality in cer tain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, is amended by striking Code Section 10-1-700, relating to definitions, and inserting in lieu thereof a new Code Section 10-1-700 to read as follows:
"10-1-700. As used in this article, the term:
(1) 'Commission' means compensation accruing to a sales representative for payment by a principal, the rate of which is expressed as a percentage of the dollar amount of orders or sales or as a specified amount per order or per sale.
(2) 'Principal' means a person who does not have a permanent or fixed place of business in this state and who:
(A) Manufactures, produces, imports, or distributes a tangible product for wholesale;
(B) Contracts with a sales representative to solicit orders for the product; and
(C) Compensates the sales representative in whole or in part by commission.
(3) 'Sales representative' means a person who contracts with a principal to solicit whole sale orders and who is compensated in whole or in part by a commission, but such term does not include one who places orders or purchases for his or her own account for resale."
Section 2. Said chapter is further amended by adding at the end thereof a new article to read as follows:
"ARTICLE 31
10-1-850. As used in this article, the term:
(1) 'Disabled person' means a person who has a physical or mental impairment which substantially limits one or more of such person's major life activities. As used in this para graph, 'physical or mental impairment' means any of the following:
(A) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss substantially affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; or endocrine; and
(B) Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The term 'physical or mental impairment' includes, but is not limited to, such diseases and conditions as ortho pedic, visual, speech, and hearing impairment, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, and emotional illness.
(2) 'Elder person' means a person who is 60 years of age or older.
(3) 'Major life activities' includes functions such as caring for one's self, performing manual tasks, walking seeing, hearing, speaking, breathing, learning, and working.
(4) 'Substantially limits' means interferes with or affects over an extended period of

MONDAY, MARCH 22, 1993

1901

time. Minor temporary ailments or injuries shall not be considered physical or mental im pairments which substantially limit a person's major life activities. Examples of minor tem porary ailments are colds, influenza, or sprains or minor injuries.
10-1-851. When any person who is found to have conducted business in violation of Article 15, 17, or 21 of this chapter is found to have committed said violation against elder or disabled persons, in addition to any civil penalty otherwise set forth or imposed, the court may impose an additional civil penalty not to exceed $10,000.00 for each violation.
10-1-852. In determining whether to impose a civil penalty under Code Section 10-1-851 and the amount thereof, the court shall consider the extent to which one or more of the following factors are present:
(1) Whether the defendant's conduct was in disregard of the rights of the elder or dis abled persons;
(2) Whether the defendant knew or should have known that the defendant's conduct was directed to an elder person or disabled person;
(3) Whether the elder or disabled person was more vulnerable to the defendant's con duct because of age, poor health, infirmity, impaired understanding, restricted mobility, or disability than other persons and whether the elder or disabled person actually suffered substantial physical, emotional, or economic damage resulting from the defendant's conduct;
(4) Whether the defendant's conduct caused an elder or disabled person to suffer any of the following:
(A) Mental or emotional anguish;
(B) Loss of or encumbrance upon a primary residence of the elder or disabled person;
(C) Loss of or encumbrance upon the elder or disabled person's principal employment or principal source of income;
(D) Loss of funds received under a pension or retirement plan or a government benefits program;
(E) Loss of property set aside for retirement or for personal or family care and mainte nance; or
(F) Loss of assets essential to the health and welfare of the elder or disabled person; or
(5) Any other factors the court deems appropriate.
10-1-853. An elder or disabled person who suffers damage or injury as a result of an offense or violation described in this article has a cause of action to recover actual damages, punitive damages, if appropriate, and reasonable attorney's fees. Restitution ordered pursu ant to this Code section has priority over a civil penalty imposed pursuant to this article.
10-1-854. The administrator may develop and implement state-wide educational initia tives to inform elder persons and disabled persons, law enforcement agencies, the judicial system, social services professionals, and the general public as to the prevalence and preven tion of consumer crimes against elder and disabled persons, the provisions of Part 1 of Arti cle 15 of this chapter, the 'Uniform Deceptive Trade Practices Act,' and Articles 17 and 21 of this chapter, the penalties for violations of such articles, and the remedies available for victims of such violations.
10-1-855. The administrator may establish and maintain referral procedures with the Office of Aging within the Department of Human Resources in order to provide any neces sary intervention and assistance to elder or disabled persons who may have been victimized by violations of this article.
10-1-856. Nothing in this article shall serve to prevent the administrator appointed under Code Section 10-1-395 from investigating and pursuing unfair and deceptive acts or practices committed under Part 2 of Article 15 of this chapter, the 'Fair Business Practices

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Act of 1975.' Notwithstanding any other provision of law to the contrary, the names, ad dresses, telephone numbers, social security numbers, or any other information which could reasonably serve to identify any person making a complaint about unfair or deceptive prac tices under Part 2 of Article 15 of this chapter, the 'Fair Business Practices Act of 1975,' shall be confidential. However, the complaining party may consent to public release of his or her identity by giving such consent expressly, affirmatively, and directly to the administra tor or the administrator's employees. Nothing contained in this Code section shall be con strued to prevent the subject of the complaint, or any other person to whom disclosure of the complainant's identity may aid in resolution of the complaint, from being informed of the identity of the complainant, to prohibit any valid discovery under the relevant discovery rules, or to prohibit the lawful subpoena of such information."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Henson of the 55th moved that the Senate disagree to the House substitute to SB 295.

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 295.

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

HB 277. By Representatives McKinney of the 51st, Martin of the 47th and Felton of the 43rd:
A bill to repeal an Act entitled "An Act to create a joint city-county board of tax assessors in all counties having within its borders all or the greater part of the population of 300,000 or more according to the 1950 or any future United States census, and to define its powers and duties; to create a board of tax appeals and equalization and to define its powers and duties.
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 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

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

MONDAY, MARCH 22, 1993

1903

Voting in the negative was Senator Oliver.

Those not voting were Senators:

Alien

Garner

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

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

The following resolution of the House, favorably reported by the committee, was put upon its adoption:

HR 374. By Representative Lane of the 55th: A resolution creating the Fulton County Recreation Study Commission. Senate Sponsor: Senator Abernathy of the 38th.

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 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
RM.n\avy
Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Voting in the negative was Senator Parrish.

Those not voting were Senators:

Alien

Dawkins

Garner

On the adoption of the resolution, the yeas were 52, nays 1.

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

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JOURNAL OF THE SENATE

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

HB 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.
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:

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 Ragan of llth Ragan of 32nd Ralston Ray Robinson Slotin Starr Taylor Thomas Thompson Turner Walker

Voting in the negative was Senator Abernathy.

Those not voting were Senators:

Alien Dawkins

Pollard Scott

Tysinger

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

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

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.
Senate Sponsor: Senator Boshears of the 6th.

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

MONDAY, MARCH 22, 1993

1905

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
""
O Coleman Crotts Day Dean Edge
Egan Farrow

Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hooks
a Kemp Langford of 35th Langford of 29th Madden Marable Middleton Newbill

Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralstnn ^
blotln Starr Taylor Thompson Turner Tysinger

Those not voting were Senators:

Alien Cheeks

Dawkins Hill

Thomas Walker

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

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

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.

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 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

1906

JOURNAL OF THE SENATE

Ralston Ray Robinson Slotin

Starr Taylor Thomas

Turner Tysinger Walker

Those not voting were Senators:

Abernathy Alien

Scott

Thompson

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

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

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.
Senate Sponsor: Senator Harbison of the 15th.

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 Kenneth W. Birdsong, Chairman

House Defense & Veterans Affairs 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 113 (LC 16 2963) Special License Plate for Purple Heart Veterans

This Bill would allow veterans of the armed forces of the United States who have been awarded the Purple Heart citation to receive one special and distinctive vehicle license plate free of charge. This Bill also waives the annual registration fee for renewal of these special license plates. A second vehicle license plate may also be obtained by the veteran upon payment of the regular state licensing fee, manufacturing fee, and registration fee.

The Bill would have a fiscal impact on state revenue. The primary reduction in revenue would result from the loss of the current $25 annual registration fee. In calendar year 1992, the Department of Revenue registered 558 Purple Heart specialized vehicle license plates, totalling $13,950. It is estimated that the number of new vehicle licenses issued to veterans awarded the Purple Heart citation would be small and would not have a significant impact on state revenue. It could not be determined how many veterans purchased a second license plate in calendar year 1992.

/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.

MONDAY, MARCH 22, 1993

1907

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 riQ^w JneeiKS Coleman Crotts Dawkins Day Dean Edge Egan

Farrow Garner Gillis Gochenour Harbison
Hemmer Hen8on
,,mu , HTHTouogkgsm s Isakson KemP Langford of 35th Langford of 29th Madden Marable Middleton

Newbill Oliver Parrish Perdue Pollard
Ragan of llth R of 32nd
^ D ^ RTR-aovbi inson Slotin Starr Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Alien Glanton

Scott

Walker

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

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

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.
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:

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

Dawkins Day Dean Edge Egan Farrow Garner Gillis Gochenour Harbison Hemmer Henson

Hill Hooks Huggins Kemp Langford of 35th Langford of 29th Madden Marable Middleton Newbill Oliver Parrish

1908

JOURNAL OF THE SENATE

Perdue Pollard Ragan of llth Ragan of 32nd Ralston

Ray Robinson Slotin Starr Taylor

Thomas Thompson
Turner Tysinger

Those not voting were Senators:

Alien Coleman

Glanton Isakson

Scott Walker

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

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

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".
Senate Sponsor: Senator Farrow of the 54th.

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

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

Those voting in the affirmative were Senators:

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 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 Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Alien Glanton

Scott Starr

Walker

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

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

MONDAY, MARCH 22, 1993

1909

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.
Senate Sponsor: Senator Taylor of the 12th.

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

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

Those voting in the affirmative were Senators:

Alien 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 29th Madden Marable

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

Voting in the negative were Senators:

Abernathy Egan

Langford of 35th Oliver

Slotin Walker

Not voting was Senator Scott.

On the passage of the bill, the yeas were 49, nays 6.

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

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.
Senate Sponsor: Senator Coleman of the 1st.

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

1910

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

Those not voting were Senators:

Alien Dawkins

Oliver Parrish

Scott

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

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

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.
Senate Sponsor: Senator Glanton of the 34th.

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 12, 1993

SUBJECT: House Bill 782 (LC 21 2246) Trial Judges and Solicitors Retirement Fund

This bill provides the board of trustees of the Trial Judges and Solicitors Retirement Fund the authority to grant certain postretirement benefit adjustments from time to time. The bill provides that the initial increase cannot exceed 3 percent and thereafter, the in creases may be granted effective January 1 and July 1 of each year provided that these increases may not exceed 1.5 percent.

MONDAY, MARCH 22, 1993

1911

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

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 BC,-,,huerteok, ns Clay Coleman Crotts Day Dean
Edge
Egan Farrow

Garner Gillis Glanton Harbison Hemmer Henson Hill THHTouogkgsm. s Isakson Kemp Langford of 35th Langford of 29th Madden
Marable
Middleton Newbill

Oliver Perdue Pollard Ragan of llth Ragan of 32nd Ralston j^ KR0 ,oKb..-in so,,n,, ? otm ^" laylor Thomas Thompson
Turner
Tysinger Walker

Those not voting were Senators:

Alien Blitch

Dawkins Gochenour

Parrish Scott

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

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

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.
Senate Sponsor: Senator Thompson of the 33rd.

The Senate Committee on Urban and County Affairs offered the following substitute to HB 281:

A BILL
To be entitled an Act to amend Code Section 36-10-2.1 of the Official Code of Georgia Annotated, relating to letting of public works contracts by counties with a population of 550,000 or more, so as to provide as additional factors to be considered compliance with a female business enterprise participation plan or efforts to comply therewith and compliance with nondiscrimination and equal opportunity provisions; to provide an effective date; to repeal conflicting laws; and for other purposes.

1912

JOURNAL OF THE SENATE

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 36-10-2.1 of the Official Code of Georgia Annotated, relating to letting of public works contracts by counties with a population of 550,000 or more, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 36-10-2.1 to read as follows:
"36-10-2.1. In any county of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census, contracts for build ing or repairing any courthouse or other public building, jail, bridge, causeway, or other public works or public property shall be let to the lowest responsible bidder, but the gov erning authority of any such county shall have the right to reject any or all bids for any such contract. The governing authority of any such county, in considering whether a bidder is responsible, may consider the bidder's quality of work, general reputation in the commu nity, financial responsibility, previous employment on public works, compliance with a fe male business enterprise participation plan as adopted by the governing authority of such county or making a good faith effort to comply with the goals of such a plan, compliance with nondiscrimination and equal employment opportunity provisions as adopted by the county governing authority, and compliance with a minority business enterprise participa tion plan as adopted by the governing authority of such county or making a good faith effort to comply with the goals of such a plan."
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 37, nays 8, 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 Baugh Bowen Broun of 46th Brown of 26th Cheeks Clay Coleman Dean Egan

Farrow Gillis Harbison Hill Hooks Huggins Kemp Langford of 35th Marable Oliver

Perdue Pollard Ragan of llth Ralston Ray Robinson Slotin Starr Taylor Thomas

Those voting in the negative were Senators:

Balfour Boshears Burton Crotts Day Edge

Garner Glanton Gochenour Hemmer Henson Langford of 29th

Madden Middleton Newbill Ragan of 32nd Turner Tysinger

MONDAY, MARCH 22, 1993

1913

Those not voting were Senators:

Alien Blitch Dawkins

Isakson Parrish Scott

Thompson Walker

On the passage of the bill, the yeas were 30, nays 18.

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

Senator Burton of the 5th gave notice that, at the proper time, he would move that the Senate reconsider its action in passing HB 281.

The President stated that, as provided for in Senate Rule 94, he would set the time to entertain the motion to reconsider for 9:15 o'clock P.M. today.

Senator Hooks of the 14th moved that, pursuant to Rule 30, the Senate adopt the Sup plemental Rules Calendar proposed by the Senate Committee on Rules in the following communication read by the Secretary:

The State Senate Atlanta, Georgia 30334

March 22, 1993

TO:

ALL MEMBERS OF THE SENATE

FROM:

GEORGE HOOKS OF THE 14TH, CHAIRMAN -- SENATE RULES COMMITTEE

/s/ George Hooks
Pursuant to Senate Rule 30, the Rules Committee proposes to consider the following bills as a supplement to today's calendar.

HB 83 HB 84

HB 781 HB 768

On the motion, the yeas were 43, nays 0; the motion prevailed, and the following Sup plemental Rules Calendar was considered by the Senate today:
SUPPLEMENTAL RULES CALENDAR Monday, March 22, 1993
THIRTY-NINTH LEGISLATIVE DAY
HB 83 Local Government Efficiency 2000 Act--enact (U&CA G--33rd) HB 84 Municipal Corporations--terminate those without certain services
(U&CA G--33rd) HB 781 Teachers Retirement--ineligibility of certain retired Technical, Adult Ed. Dept.
employees (Substitute) (Ret--53rd) HB 768 District Attorneys' Retirement--postretirement benefit increases (Ret--48th)
Respectfully submitted, /s/ George Hooks of the 14th, Chairman
Senate Rules Committee

1914

JOURNAL OF THE SENATE

The following bill of the House was taken up for the purpose of considering the House action thereon:
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 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.
Senator Balfour of the 9th moved that the Senate adhere to the Senate substitute to HB 472, and that a Conference Committee be appointed.
On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 472.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Balfour of the 9th, Tysinger of the 41st and Starr of the 44th.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House adheres to its position in insisting on its substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate:
SB 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 Speaker has appointed on the part of the House, Representatives Thomas of the 100th, Groover of the 125th and Chambless of the 163rd.
The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:
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".
Senate Sponsor: Senator Thompson of the 33rd.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

MONDAY, MARCH 22, 1993

1915

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 Broun of 46th Cheeks Clay Coleman Crotts Dawkins Dean Edge
Egan
Garner
Glanton
Harbison

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

Perdue Pollard Ragan of 32nd Ralston Robinson g, .. Q ^tarr Tflylor
Thomas
Thompson
Tysinger
Walker

Those voting in the negative were Senators:

Baugh Blitch Boshears Bowen

Brown of 26th Burton Farrow Gillis

Kemp Ragan of llth Ray Turner

Those not voting were Senators:

Alien Balfour

Day Gochenour

Parrish Scott

On the passage of the bill, the yeas were 38, nays 12.

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

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.
Senate Sponsor: Senator Thompson of the 33rd.
Senator Glanton of the 34th offered the following amendment:
Amend HB 84 by inserting on line 22 of page 1, immediately preceding the word "to" the following:
"to provide for an extension of time for certain municipal corporations;".
By striking line 24 of page 7 and inserting the following:
"Code section.
(k) For any municipal corporation which received a new charter in 1993, the termina tion date of July 1, 1995, in subsections (a), (c), (d), (e), and (f) shall be extended to July 1, 1998. For such municipal corporations the July 1, 1994, date for filing a certification with the Department of Community Affairs set out in subsection (c) shall be extended to July 1, 1997; the October 15, 1994, date for transmission of a statement to these municipalities set out in subsection (d) shall be extended to October 15, 1997; and the December 31, 1994, expiration date for the grace period for filing set out in subsection (e) shall be extended to December 31, 1997. For such municipal corporations, the 1996 session of the General Assem bly cited in subsection (i) shall be changed to the 1999 session of the General Assembly, and

1916

JOURNAL OF THE SENATE

the July 1, 1995, date set out in subsection (j) on or after which a declaratory judgment action for dissolution may be brought is changed to July 1, 1998.' "
On the adoption of the amendment, the yeas were 14, nays 25, and the amendment was lost.
The report of the committee, which was favorable to the passage of the bill, was agreed

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 Broun of 46th Burton Cheeks Clay Coleman Dawkins Day Dean

Egan Glanton Hemmer Henson Hooks Huggins Isakson Langford of 35th Marable Newbill

Oliver Perdue Ragan of 32nd Robinson Slotin Starr Taylor Thompson Tysinger Walker

Those voting in the negative were Senators:

Baugh Blitch Boshears Bowen Brown of 26th Crotts Edge Farrow

Garner Gillis Harbison Hill Kemp Langford of 29th Madden

Middleton Pollard Ragan of llth Ralston Ray Thomas Turner

Those not voting were Senators:

Alien Gochenour

Parrish

Scott

On the passage of the bill, the yeas were 30, nays 22.

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

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.
Senate Sponsor: Senator Huggins of the 53rd.

MONDAY, MARCH 22, 1993

1917

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 3, 1993

SUBJECT: House Bill 781 Committee Substitute (LC 21 2365S) Employees' Retirement System Teachers Retirement System

This bill provides for trustees of the Employees' Retirement System and the Teachers Retirement System to receive the daily expense allowance authorized for members of the General Assembly for each day spent attending meetings of the board of trustees, any com mittee meetings called pursuant to authorization of the board of trustees, and for time spent in necessary travel. In addition, the trustees shall be reimbursed for all actual traveling and other expenses necessarily incurred through service on the board of trustees. The bill fur ther requires that any person who is eligible to make an election between membership in the Teacher's Retirement System and membership in any other retirement system and who sub sequently retires and is later rehired by the same employer must continue membership in the retirement system under which the person initially retired.

This is to certify that this is a nonfiscal retirement bill as defined in the Public Retire ment Systems Standards Law.

1st Claude L. Vickers State Auditor

The Senate Committee on Retirement offered the following substitute to HB 781:

A BILL
To be entitled an Act to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that discretional postretirement benefit increases granted by the board of trustees of any public retirement system shall be subject to change by subsequent legislation; to provide that certain members of the boards of trust ees of certain retirement systems shall be entitled to receive a certain per diem allowance; to provide that certain persons who retire under the one retirement system and are subse quently rehired by the same employer shall be required to remain under such retirement system; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by inserting immediately following Code Section 47-1-30 the following:
"47-1-31. Any other provision of this title to the contrary notwithstanding, any discre tionary postretirement benefit increase granted on or after July 1, 1993, by the board of trustees of any public retirement system pursuant to the authority to grant such increases within the limits of actuarial soundness granted by general law shall be subject to reduction by subsequent legislation and shall not be considered an element of any contract of employment."
Section 2. Said title is further amended by striking in its entirety subsection (d) of Code

1918

JOURNAL OF THE SENATE

Section 47-2-21, relating to the powers and duties of the board of trustees of the Employees' Retirement System of Georgia, which reads as follows:
"(d) The trustees in state employment shall serve without compensation but shall be reimbursed from the expense fund for all necessary expenses that they may incur in the performance of their duties. The board of trustees shall establish an expense allowance pay able monthly from the same fund to those trustees not in state employment.",
and inserting in lieu thereof the following:
"(d) The trustees may receive the daily expense allowance authorized for members of the General Assembly for each day spent attending meetings of the board of trustees and any committee meetings called pursuant to authorization of the board of trustees and for time spent in necessary travel. In addition to such amount, the trustees shall be reimbursed for all actual travel and other expenses necessarily incurred through service on the board of trustees. State officials serving ex officio shall not receive the daily expense allowance but shall be entitled to reimbursement of actual expenses."
Section 3. Said title is further amended by striking in its entirety subsection (c) of Code Section 47-3-21, relating to the creation of and membership on the board of trustees of the Teachers Retirement System of Georgia, and inserting in lieu thereof the following:
"(c) The trustees shall each receive the aum of $40.00 per diem daily expense allowance authorized for members of the General Assembly for each day spent attending meetings of the board of trustees, any committee meetings called pursuant to authorization of the board of trustees, and for time spent in necessary travel. In addition to such per diem, the trustees shall be reimbursed for all actual traveling and other expenses necessarily incurred through service on the board of trustees. State officials serving ex officio shall receive no per diem but shall only be entitled to reimbursement of actual expenses."
Section 4. Said title is further amended by inserting at the end of Code Section 47-3-60, relating to membership in the Teachers Retirement System of Georgia, the following:
"(m) Any other provision of law to the contrary notwithstanding, any person who is entitled pursuant to the provisions of this article to make an election between membership in this retirement system and membership in any other retirement system and who subse quently retires and is rehired by the same employer which employed him or her immedi ately prior to retirement shall continue membership in the retirement system under which he or she initially retired and shall not be entitled to elect membership in any other retire ment system."
Section 5. All laws and parts of laws in conflict with this Act are repealed.

The following Certification, as required by law, was read by the Secretary:

DEPARTMENT OF AUDITS 254 Washington Street S.W.
Room 214 Atlanta, Georgia 30334-8400

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Bill Cummings, Chairman

House Retirement Committee

FROM:

Claude L. Vickers, State Auditor

DATE:

March 18, 1993

SUBJECT: House Bill 781 (Committee Substitute) (LC 21 2425S) Employees' Retirement System Teachers Retirement System

This bill provides for trustees of the Employees' Retirement System and the Teachers

MONDAY, MARCH 22, 1993

1919

Retirement System to receive the daily expense allowance authorized for members of the General Assembly for each day spent attending meetings of the board of trustees, any com mittee meetings called pursuant to authorization of the board of trustees, and for time spent in necessary travel. In addition, the trustees shall be reimbursed for all actual traveling and other expenses necessarily incurred through service on the board of trustees. The bill fur ther requires that any person who is eligible to make an election between membership in the Teacher's Retirement System and membership in any other retirement system and who sub sequently retires and is later rehired by the same employer must continue membership in the retirement system under which the person initially retired.
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

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 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 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

Those not voting were Senators:

Alien Gochenour

Parrish

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.

1920

JOURNAL OF THE SENATE

Time having arrived for the entertainment of the reconsideration motion, Senator Bur ton of the 5th moved that the Senate reconsider its action previously today in passing the following bill of the House:

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.

On the motion, the yeas were 43, nays 0; the motion prevailed, and HB 281 was recon sidered and placed at the bottom of the Senate Rules Calendar for today.

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

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.
Senate Sponsor: Senator Day of the 48th.

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 23, 1993

SUBJECT: House Bill 768 (Substitute) (LC 21 2314S) District Attorneys' Retirement System

This bill provides the board of trustees of the District Attorneys' Retirement System the authority to grant certain postretirement benefit adjustments from time to time. The bill provides that the initial increase cannot exceed 3 percent and thereafter, the increases may be granted effective January 1 and July 1 of each year provided that these increases may not 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.
/s/ Claude L. Vickers State Auditor

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

MONDAY, MARCH 22, 1993

1921

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

Newbill Oliver Perdue 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

Gochenour Parrish

Pollard

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

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

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.
Senate Sponsor: Senator Coleman of the 1st.

Senator Coleman of the 1st offered the following amendment:

Amend HB 320 by adding on page 2, line 7 after "agreement.":
"Any such licensing agreement shall be approved by the Fiscal Affairs Sub-Committee of the Senate and the House of Representatives before being executed by the Commissioner."

On the adoption of the amendment, the yeas were 40, nays 1, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, 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 Broun of 46th

1922

JOURNAL OF THE SENATE

Brown of 26th Burton Cheeks Clay Coleman C,,Draowtt,ksm. s Day Dean Edge Egan Farrow
Garner Gillis Harbison

Hemmer Henson Hill Hooks Huggins I,,Ksaekmspon Langford of 29th Madden Marable Middleton Newbill
Oliver Perdue Pollard

Ragan of llth Ragan of 32nd Ralston Rav Robinson
,, Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Alien Blitch

Glanton Gochenour

Langford of 35th Parrish

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 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.
Senate Sponsor: Senator Ragan of the llth.

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 Roy H. Watson, Jr., Chairman

House Industry Committee

FROM:

Claude L. Vickers, State Auditor Henry M. Huckaby, Director, Office of Planning and Budget

DATE:

February 23, 1993

SUBJECT: Fiscal Note - House Bill 826 (LC 18 5608) Georgia Auctioneers Commission

This bill amends provisions and definitions relating to auctioneers. The bill allows the Georgia Auctioneers Commission to adopt a code of ethics and it changes the qualifications for license applicants for residents and nonresidents of Georgia. The bill also requires that a full-time investigator be hired to investigate all sworn complaints as directed by the Commission.

This bill is estimated to increase expenditures by approximately $38,500 for fiscal year

MONDAY, MARCH 22, 1993

1923

1994. This amount is comprised of approximately $23,500 for salary and benefits for a fulltime investigator, approximately $11,000 for an automobile, and approximately $4,000 for travel expenses.

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

Garner Gillis Glanton Harbison Hemmer Henson 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

Those not voting were Senators:

Alien Blitch
Broun of 46th

Crotts Gochenour
Hill

Langford of 35th Parrish

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

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

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.
Senate Sponsor: Senator Kemp of the 3rd.

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour Baugh

Blitch Boshears Bowen

Broun of 46th Brown of 26th Burton

1924

JOURNAL OF THE SENATE

Cheeks Clay Coleman Crotts Dawkins Day Dean Edge Egan Farrow Garner Gillis Glanton Harbison

Hemmer Henson Hill Hooks 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

Those not voting were Senators:

Alien Gochenour

Huggins Langford of 35th

Parrish

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

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

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.
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 497 (Committee Substitute) (LC 21 2213S) Peace Officers' Annuity and Benefit Fund

This bill provides the board of trustees of the Peace Officers' Annuity and Benefit Fund the authority to grant certain post retirement benefit adjustments from time to time. The benefit adjustment could not exceed 3 percent per year. Thereafter, the increases may be authorized effective as of January 1 and July 1 of each year provided that no such increase 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.

/s/ Claude L. Vickers State Auditor

MONDAY, MARCH 22, 1993

1925

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

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 Dawkins Day Dean Edge Farrow Garner

Gillis Glanton 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

Those not voting were Senators:

Alien Blitch Crotts

Egan Gochenour

Langford of 35th Parrish

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

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 Clay Coleman

Crotts Day Dean Edge Farrow Garner

1926

JOURNAL OF THE SENATE

Gillis Glanton Harbison Hemmer 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 a. f,*8" laylor
Thompson Turner Tysinger

Those not voting were Senators:

Alien Dawkins Egan

Gochenour Langford of 35th Oliver

Parrish Thomas Walker

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

The resolution, having received the requisite constitutional majority, was adopted.
The following bills of the Senate and House were taken up for the purpose of consider ing the House action thereon:

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.

Senator Taylor of the 12th moved that the Senate adhere to its disagreement to the House amendment to SB 73, and that a Conference Committee be appointed.

On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House amendment to SB 73.

The President appointed as a Conference Committee on the part of the Senate the following:
Senators Taylor of the 12th, Scott of the 36th and Brown of the 26th.

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 moved that the Senate adhere to its disagreement to the House amendment to SB 234, and that a Conference Committee be appointed.

On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House amendment to SB 234.

MONDAY, MARCH 22, 1993

1927

The President appointed as a Conference Committee on the part of the Senate the following:
Senators Taylor of the 12th, Oliver of the 42nd and Henson of the 55th.

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.

Senator Hill of the 4th moved that the Senate insist upon the Senate amendment to HB 844.

On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendment to HB 844.

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

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.

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
Swen , ,.,. ,,BBnBC,rhruooerwu+teoknnn,,sooff,, 42,,6,,6t,th,h Qjav Coleman Crotts Day Dean Edge

Farrow Garner Gillis Glanton Harbison
Hemmer HT,,HTio-l,ol, k, s Huggms Isakson KemP Langford of 29th Madden Marable Middleton

Newbill Oliver Perdue Pollard Ragan of llth
Ragan of 32nd DKRDRoaaOyIrlbs.ittnoTMsno, n Slotin Starr Taylor Thompson Turner Tysinger

Those not voting were Senators:

Alien Dawkins Egan Gochenour

Henson Langford of 35th Parrish

Scott Thomas Walker

1928

JOURNAL OF THE SENATE

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

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

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

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.
Senate Sponsor: Senator Farrow of the 54th.

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

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

Those voting in the affirmative were Senators:

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

Farrow Garner Gillis Glanton 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 Kay Robinson Slotin Starr Thomas Thompson Turner Tysinger

Those not voting were Senators:

Alien Dawkins Egan

Gochenour Langford of 35th Parrish

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

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.

MONDAY, MARCH 22, 1993

1929

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 Clay Coleman Crotts Day Dean Edge Farrow

Gillis Glanton 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 Starr Taylor Thomas Thompson Turner Tysinger

Voting in the negative was Senator Cheeks.

Those not voting were Senators:

Alien Dawkins Egan

Garner Gochenour Langford of 35th

Parrish Scott Walker

On the adoption of the resolution, the yeas were 46, nays 1.

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

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

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.

Senator Blitch of the 7th moved that the Senate insist upon the Senate substitute to HB 964.

On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 964.

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

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

1930

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.
The House substitute to SB 269 was as follows:
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 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 consti tute an adjudication of the rights of the parties; to require certain employers to report the hiring and rehiring of certain employees for child support enforcement purposes; to provide for the types of employers and employees covered; to provide for exemptions; to provide for methods of reporting; to provide for civil penalties for noncompliance; to provide for regis try records; to provide for rules, evaluation, and automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 19 of the Official Code of Georgia Annotated, relating to domestic rela tions, is amended in Code Section 19-9-3, relating to discretion of the court in custody dis putes, by adding a new subsection at the end thereof to read as follows:
"(e) 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. Any such award of temporary custody shall not constitute an adjudication of the rights of the parties."
Section 2. Said title is further amended by adding after Code Section 19-11-9.1 a new Code Section 19-11-9.2 to read as follows:
"19-11-9.2. (a) Effective July 1, 1993, employers doing business with seven or more em ployees in the State of Georgia shall report to the Georgia state support registry within the Department of Human Resources:
(1) The hiring of any person who resides or works in this state to whom the employer anticipates paying earnings; and
(2) The hiring or return to work of any employee who was laid off, furloughed, sepa rated, granted leave without pay, or terminated from employment.
(b) Employers are not required to report the hiring of any person who:
(1) Will be employed sporadically so that the employee will be paid for less than 350 hours during a continuous four-month period; or
(2) Will have gross earnings of less than $300.00 in every month.
(c) Employers may report by mailing the employee's copy of the W-4 form or other means authorized by the registry which will result in timely reporting. Employers shall sub mit reports within five days of the hiring, rehiring, or return to work of the employee. The report shall contain:
(1) The employee's name, address, social security number, and date of birth; and
(2) The employer's name, address, and employment security number or unified business identifier number.
An employer who fails to report as required under this Code section shall be given a written warning.

MONDAY, MARCH 22, 1993

1931

(d) The registry shall retain the information for a particular employee only if the regis try is responsible for establishing, enforcing, or collecting a support obligation or debt of the employee. If the employee does not owe such an obligation or a debt, the registry shall not create a record regarding the employee and the information contained in the notice shall be promptly destroyed.
(e) The department may adopt rules to establish additional exemptions from this Code section if needed to reduce unnecessary or burdensome reporting. The department shall report to the Governor and the General Assembly on the effectiveness of this Code section no later than November 1, 1994.
(f) This Code section shall be repealed in its entirety effective May 1, 1995."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Blitch of the 7th moved that the Senate agree to the House substitute to SB 269.

On the motion, 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 Garner Gillis Glanton 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 Starr Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Alien Dawkins Egan

Gochenour Langford of 35th Parrish

Scott Walker

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 269.

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

SR 295. By Senator Thompson of the 33rd: A resolution designating Child Nutrition Employee Appreciation Day.

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

1932

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

Farrow Garner Gillis Glanton Harbison Hemmer Henson HHiolol ks
Isakson Kemp
Langford of 29th Madden Marable Middleton Newbill

Oliver Perdue Pollard Ragan of llth Ragan of 32nd Ralston R R,,ob.inson
flotm Starr
Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Alien Dawkins Egan

Gochenour Huggins Langford of 35th

Parrish Scott Walker

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

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

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

SR 248. By Senator Oliver of the 42nd: A resolution designating the Clark Harrison State Office Building.

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 Farrow Garner Gillis Glanton 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 Starr

MONDAY, MARCH 22, 1993

1933

Thomas Thompson

Turner Tysinger

Walker

Those not voting were Senators:

Abernathy Alien Dawkins

Egan Gochenour Langford of 35th

Parrish Scott Taylor

On the adoption of the resolution, the yeas were 47, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
The following general bill and resolution of the House, favorably reported by the com mittees, were read the third time and put upon their passage:

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.

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

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
Dean Edge Farrow

Garner Gillis Glanton 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 Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Alien Dawkins Egan

Gochenour Langford of 35th

Parrish Scott

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

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

1934

JOURNAL OF THE SENATE

HR 91. By Representatives Dover of the 9th, Murphy of the 18th, Coleman of the 142nd and others: A resolution re-creating the Joint Study Commission on Revenue Structure.
Senate Sponsor: Senator Starr of the 44th.
Senator Starr of the 44th moved that HR 91 be committed to the Senate Committee on Rules.
On the motion, the yeas were 41, nays 0; the motion prevailed, and HR 91 was commit ted to the Senate Committee on Rules.
The President stated that at this time the Senate would consider in open session the appointments submitted by His Excellency, Governor Zell Miller, in communications to the Senate on February 11, 1993, which appears in the Journal of February 11, 1993, and on March 11, 1993, which appears in the Journal of March 15, 1993.
Senator Taylor of the 12th asked unanimous consent that the reading of the appoint ments be dispensed with since they had been printed and distributed by the Secretary to each Senator, and that one roll call suffice on all appointments, unless any Senator desig nated any appointee be deleted from the list and voted on individually. The consent was granted.
Senator Boshears of the 6th asked unanimous consent that the appointees to the Geor gia Lottery Corporation Board be set aside and voted on on a separate roll call as a group; the consent was granted.
No other Senator requested the name of any appointee be deleted.
The Committee on Economic Development, Tourism and Cultural Affairs submitted the following report which was read by the Secretary:
The State Senate Atlanta, Georgia 30334
February 23, 1993
Honorable Frank Eldridge Secretary of the Senate State Capitol, Room 351 Atlanta, Georgia 30334
Dear Mr. Eldridge:
The Senate Committee on Economic Development, Tourism, and Cultural Affairs met on Tuesday, February 23, 1993, and considered the Governor's appointees to the Georgia Lottery Corporation Board and voted unanimously to recommend to the Senate that the following appointees be confirmed:
Honorable Billye S. Aaron of Fulton County, term of office beginning December 15, 1992 and ending December 15, 1996.
Honorable Richard Robert Ensley of Bibb County, term of office beginning December 15, 1992 and ending December 15, 1996.
Honorable David C. Garrett, III of Fulton County, term of office beginning December 15, 1992 and ending December 15, 1997.
Honorable Wyckliffe A. Knox, Jr. of Richmond County, term of office beginning De cember 15, 1992 and ending December 15, 1994.

MONDAY, MARCH 22, 1993

1935

Honorable Cecil M. Phillips of Fulton County, term of office beginning December 15, 1992 and ending December 15, 1994.
Honorable Patrick H. Thomas of Fulton County, term of office beginning December 15, 1992 and ending December 15, 1994.
Honorable Helen Ballard Weeks of Fulton County, term of office beginning December 15, 1992 and ending December 15, 1997.
Sincerely,
/s/ Paul C. Broun Chairman
The Committee on Education submitted the following report which was read by the Secretary:
The State Senate Atlanta, Georgia 30334
March 17, 1993
The Honorable Frank Eldridge, Jr. Secretary of the Senate The State Capitol Atlanta, Georgia 30334
Dear Mr. Eldridge:
The Senate Committee on Education met and considered the Governor's appointees to the State Board of Education and voted unanimously to recommend to the Senate that the following appointees be confirmed:
Honorable Julie D. Keeton of DeKalb County, term of office beginning March 11, 1993 and ending January 1, 1997.
Honorable Priscilla D. Thomas of Chatham County, term of office beginning March 11, 1993 and ending January 1, 2000.
Sincerely, 1st David Scott
Chairman, Senate Education Committee
Note: The Committee considered these appointments at the March 10, 1993 meeting.
The Committee on Higher Education submitted the following report which was read by the Secretary:
The State Senate Atlanta, Georgia 30334
March 10, 1993
Honorable Frank Eldridge, Jr. Secretary of the Senate 351 State Capitol Atlanta, Georgia 30334
Dear Mr. Eldridge:
The Senate Committee on Higher Education met on Wednesday, March 10th, and con sidered the Governor's appointees to the Board of Regents of the University System of

1936

JOURNAL OF THE SENATE

Georgia and voted unanimously to recommend to the Senate that the following appointees be confirmed:
Mrs. Susie G. Elson of Fulton County, term of office beginning January 12, 1993 and ending January 1, 1997.
Ms. Elsie P. Hand of Mitchell County, term of office beginning January 12, 1993 and ending January 1, 1997.
Mr. Virgil Williams of Gwinnett County, term of office beginning January 12, 1993 and ending January 1, 2000.
Mr. Thomas F. Allgood of Richmond County, term of office beginning January 12, 1993 and ending January 1, 2000.
Mr. William B. Turner of Muscogee County, term of office beginning January 12, 1993 and ending January 1, 2000.
Sincerely,
/s/ Sonny Perdue Chairman

On the confirmation, 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 Garner Gillis Glanton Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Marable Middleton Newbill

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

Those not voting were Senators:

Alien Dawkins Egan

Gochenour Langford of 35th Madden

Parrish Scott

On the confirmation, the yeas were 48, nays 0, and all the appointees, except the Lot tery Corporation Board appointees, were confirmed.

On the confirmation of all of the appointees to the Georgia Lottery Corporation Board, 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 Burton

Cheeks Clay Coleman Crotts

MONDAY, MARCH 22, 1993

1937

Dean Edge Farrow Garner Gillis Harbison HHeenmsmoner Hill
Hooks Huggins Isakson

Kemp Langford of 29th Madden Marable Middleton Newbill OPelirvdeure Pollard
Ragan of llth Ragan of 32nd Ralston

Ray Robinson Scott Slotin Starr T, ,Tihfyolmoras Thompson
Turner Tysinger Walker

Voting in the negative were Senators Boshears and Day.

Those not voting were Senators:

Alien Dawkins Egan

Glanton Gochenour

Langford of 35th Parrish

On the confirmation of the appointees, the yeas were 47, nays 2, and all the appointees to the Georgia Lottery Corporation Board were confirmed.

On the confirmation of the above appointees, the following communications were sent by the Secretary of the Senate to His Excellency, Governor Zell Miller:

Office of Secretary of the Senate 353 State Capitol
Atlanta, Georgia 30334
March 22, 1993
Honorable Zell Miller Governor State Capitol Atlanta, Georgia
Dear Governor Miller:
Under the rules of the Georgia State Senate governing confirmation of appointments submitted by you, I have the honor to report to you as follows:
Nominations sent to the Senate by you on February 11, 1993, were acted upon by the Georgia State Senate in Session on March 22, 1993, with the following results:
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. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.

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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. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The following named persons as members of the Board of Corrections for the term of office beginning July 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 vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.

MONDAY, MARCH 22, 1993

1939

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. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
Honorable Richard Bryant Hightower, Sr. of Haralson County, as a member of the State Board of Funeral Service for the term of office beginning May 13, 1992 and ending February 13, 1998. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The following named persons as members of the Board of Human Resources for the term of office beginning June 9, 1992 and ending April 6, 1997: James K. Davis of Fulton County; and Dr. Joseph V. Morrison, Jr. of Chatham County. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The following named persons as members of the Board of Industry, Trade and Tourism

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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. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
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 vote on this confirmation was yeas 47, nays 2, and the nominees were confirmed.
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 vote on this confirmation was yeas 47, nays 2, and the nominees were confirmed.
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 vote on this confirmation was yeas 47, nays 2, and the nominees were confirmed.
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. The vote on this confirmation was 48, nays 0, and the nominees were confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nomi nee was confirmed.
Honorable Pat Stephens of Fulton County, as a member of the Composite State Board

MONDAY, MARCH 22, 1993

1941

of Medical Examiners for the term of office beginning December 2,1992 and ending Decem ber 31, 1996. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The following named persons as members of the State Board of Physical Therapy for the term of office beginning August 18, 1992 and ending August 30, 1995: Frances Armour of Hall County; and Diane Waldner of Fulton County. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
Honorable A. Louis Jimenez of Gwinnett County, as a member of the State Board of

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Podiatry Examiners for the term of office beginning November 6, 1992 and ending May 5, 1995. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
The following named persons as members of the Professional Standards Commission for the term of office beginning July 1, 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. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
Honorable Pat Jarvis of DeKalb County, as a member of the Board of Public Safety for the term of office beginning February 3, 1993 and ending January 29, 1997. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.

MONDAY, MARCH 22, 1993

1943

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. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
Honorable Gwen Goodman of Chatham County, as a member of the State Board of Technical and Adult Education for the term of office beginning August 19, 1992 and ending June 30, 1993. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The following named persons as members of the Board of Regents of the University System of Georgia for the term of office beginning 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. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.

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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 vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
Sincerely,
/s/ Frank Eldridge, Jr. Secretary of the Senate
Office of Secretary of the Senate 353 State Capitol
Atlanta, Georgia 30334
March 22, 1993
Honorable Zell Miller Governor State Capitol Atlanta, Georgia
Dear Governor Miller:
Under the rules of the Georgia State Senate governing confirmation of appointments submitted by you, I have the honor to report to you as follows:
Nominations sent to the Senate by you on March 11, 1993, were acted upon by the Georgia State Senate in Session on March 22, 1993, with the following results:
The following named persons as members of the State Board of Accountancy for the term of office beginning March 3, 1993 and ending June 30,1996: Ralph C. McBride of Cobb County; Lanier Merritt of Muscogee County; and Bryndis W. Roberts of Clarke County. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
Honorable Julie D. Keeton of DeKalb County, as a member of the State Board of Edu cation for the term of office beginning March 11, 1993 and ending January 1, 1997. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
Honorable Priscilla D. Thomas of Chatham County, as a member of the State Board of Education for the term of office beginning March 11, 1993 and ending January 1, 2000. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
Honorable Patricia Ann Jefferson of Richmond County, as a member of the Georgia Real Estate Appraisers Board for the term of office beginning March 8, 1993 and ending July 1, 1994. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
Honorable Bob Sorrells of Clayton County, as a member of the Georgia Real Estate Appraisers Board for the term of office beginning March 8, 1993 and ending July 1, 1994. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
Honorable Richard L. Stallings of Muscogee County, as a member of the Georgia Real Estate Appraisers Board for the term of office beginning March 8, 1993 and ending July 1, 1996. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The following named persons as members of the State Board of Technical and Adult Education for the term of office beginning March 4, 1993 and ending June 30, 1995: Charles

MONDAY, MARCH 22, 1993

1945

R. Brown of Gwinnett County; and Charles Harris of Irwin County. The vote on this confir mation was yeas 48, nays 0, and the nominees were confirmed.
The following named persons as members of the State Board of Technical and Adult Education for the term of office beginning March 4, 1993 and ending June 30, 1998: William S. Harris of Sumter County; and Harold Reid Reynolds of Greene County. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
Sincerely,
M Frank Eldridge, Jr. Secretary of the Senate

Senator Robinson of the 16th asked unanimous consent that the compensation resolu tions, favorably reported by the committee, be read the third time and put upon their adop tion, and that one roll call suffice; the consent was granted.

HR 78. By Representative Carrell of the 87th: A resolution compensating Mr. Ricky Lee Boynton in the sum of $1,602.00. Senate Sponsor: Senator Dawkins of the 45th.

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour Baugh B"tch Boshears
Bowen Broun of 46th
BBrvQ^r,unorewteoK,nns of 26th Coleman Crotts Day Dean Edge Farrow

Garner Gillis Glanton Harbison Hemmer
Henson ffiu
H,,HTIsouakog. skgosmns KemP Langford of 29th Madden Marable Middleton Newbill

Oliver Perdue Pollard Ragan of llth Ragan of 32nd
Ralston R
R,,SS.-,,ltooatrmi.rngon Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Alien Dawkins Egan

Gochenour Langford of 35th

Parrish Scott

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

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

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JOURNAL OF THE SENATE

HR 155. By Representative Wall of the 82nd: A resolution compensating Ms. Lorraine Strickland in the sum of $10,000.00. Senate Sponsor: Senator Dawkins of the 45th.

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

On the adoption of the resolution involving an appropriation, 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 Day Dean Edge Farrow

Garner Gillis Glanton 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 Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Alien Dawkins Egan

Gochenour Langford of 35th

Parrish Scott

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

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

HR 156. By Representative Colwell of the 7th: A resolution compensating Mrs. L. C. Poore in the sum of $4,725.00. Senate Sponsor: Senator Dawkins of the 45th.

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

On the adoption of the resolution involving an appropriation, 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

MONDAY, MARCH 22, 1993

1947

Crotts Day Dean
Ed&e arrow
^"ner PG,lant. on Harbison Hemmer Henson Hill Hooks

Huggins Isakson Kemp Langford of 29th Madden
Marable Middleton
Newbl11 Oliver Perdue Pollard Ragan of llth

Ragan of 32nd Ralston Ray
Robinson Slotin
Starr TayJ lor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Alien Dawkins Egan

Gochenour Langford of 35th

Parrish Scott

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

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

HR 157. By Representative Coleman of the 142nd: A resolution compensating Albert and Delia Mae Lampkin in the sum of $1,500.00.
Senate Sponsor: Senator Dawkins of the 45th.

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

On the adoption of the resolution involving an appropriation, 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
Dean Edge Farrow

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

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

1948

JOURNAL OF THE SENATE

Those not voting were Senators:

Alien
Dawkins Egan

Gochenour Langford of 35th

Parrish Scott

On the adoption of the resolution, the yeas were 49, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The following general bill of the House, having been read the third time and passed by substitute previously today, reconsidered and placed at the foot of the Senate Rules Calen dar for today, was put upon its passage:

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.
Senate Sponsor: Senator Thompson of the 33rd.

Senator Burton of the 5th moved that the Senate reconsider the substitute to HB 281 offered by the Senate Committee on Urban and County Affairs adopted previously today.

On the motion, the yeas were 40, nays 0, and the substitute was reconsidered.

Senator Burton offered the following amendment:

Amend the substitute to HB 281 offered by the Senate Committee on Urban and County Affairs as follows:
On page 1, lines 3, 13 and 18, change the figure "550,000" to "600,000".

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 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:

Abernathy Balfour Blitch Boshears Broun of 46th Brown of 26th Burton

Coleman Crotts Day Gillis Harbison Hill Kemp

Madden Oliver Robinson Slotin Starr Thomas Tysinger

Those voting in the negative were Senators:

Baugh

Bowen

Cheeks

MONDAY, MARCH 22, 1993

1949

Clay Dean Edge Farrow Garner Glanton Hemmer Henson

Hooks Huggins Isakson Langford of 29th Marable Middleton Newbill Perdue

Pollard Ragan of llth Ragan of 32nd Ralston Ray Taylor Turner Walker

Those not voting were Senators:

Alien Dawkins Egan

Gochenour Langford of 35th Parrish

Scott Thompson

On the passage of the bill, the yeas were 21, nays 27.

The bill, having failed to receive the requisite constitutional majority, was lost.

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 102.
SB 379.

Respectfully submitted,
/s/ Waymond C. Huggins, Chairman Senator, District 53

Senator Robinson of the 16th moved that the Senate do now adjourn until 10:15 o'clock A.M. tomorrow, and the motion prevailed.

At 10:54 o'clock P.M., the President announced the Senate adjourned until 10:15 o'clock A.M. tomorrow.

1950

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Tuesday, March 23, 1993 Fortieth Legislative Day
The Senate met pursuant to adjournment at 10:15 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 Senate:
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 House of Representatives or the Senate of the United States under certain circumstances.
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.
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 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.
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

TUESDAY, MARCH 23, 1993

1951

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 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.
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 388. By Senators Isakson of the 21st, Clay of the 37th, Thompson of the 33rd and others:
A bill to amend an Act creating the Cobb County Stadium Authority so as to change the provisions relating to the appointment of members to the Authority and their terms of office; to provide for an effective date.
SB 389. By Senators Isakson of the 21st, Clay of the 37th, Thompson of the 33rd and others:
A bill to amend an Act creating the Cobb-Marietta Coliseum and Exhibit Hall Authority, as amended, so as to change the provision regarding the term of office of the member of the authority appointed by the board of commissioners of Cobb County; to provide for terms of office of four years for certain members of the authority; to provide for an effective date.
SB 390. By Senators Alien of the 2nd and Coleman of the 1st:
A bill to amend an Act providing for the compensation of certain officials in Chatham County, as amended, so as to change the compensation of certain officials.
The House has agreed to the Senate substitutes to the following bills of the House:
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 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.

1952

JOURNAL OF THE SENATE

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 1050. By Representatives Dixon of the 150th, Johnson of the 153rd, Pelote of the 149th, Mueller of the 152nd and Johnson of the 148th:
A bill to amend an Act creating a new charter for the City of Pooler, so as to change the corporate limits of the City of Pooler.
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 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 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 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 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.
The House has agreed to the Senate amendments to 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.

TUESDAY, MARCH 23, 1993

1953

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.
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 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 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 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.
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.
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.
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

1954

JOURNAL OF THE SENATE

attention to a disclaimer regarding the availability of merchandise or services advertised for sale.
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.
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 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 House has agreed to the Senate substitutes to the following resolutions of the House:
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 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 agreed to the Senate amendment, to the House substitute, to the follow ing bill of the Senate:
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 House has adopted by the requisite constitutional majority the following resolu tions of the Senate:
SR 11. By Senators Ragan of the llth, Hemmer of the 49th, Ralston of the 51st, Boshears of the 6th, Middleton of the 50th 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.

TUESDAY, MARCH 23, 1993

1955

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 following report of a standing committee was read by the Secretary:

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 425. Do pass.

HB 1096. Do pass.

HB 621.
HB 634.
HB 682.
HB 921. HuB_ 9,,8-,,3. HB 1054.

Do pass.
Do pass by substitute.
Do pass by substitute.
Do pass. D_.o pass as amend,ed,. Do pass by substitute.

HB 1102. HB 1106 RB ^

Do pass as amended. DO pass. DQ pags

HB 1115. Do pass. HB 1117' Do pass"

HB 1093. Do pass.

HB I 123- Do P*188-

HB 1094. Do pass.

HB 1124. 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:

Baugh Blitch Boshears
Bowen Broun of 46th Brown of 26th Burton

Gochenour Harbison Hemmer
Henson Hill Hooks Huggins

Cnrott, s. uj}aawy iuno Dean Edge Egan Farrow Gillis

KLaenmgpford of 35th Madden Marable Middleton Newbill Oliver Parrish

Those not answering were Senators:

Abernathy Alien Balfour Cheeks

Coleman Garner Glanton

Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson
SSclo0ttitn S_ tarr Taylor Thomas Thompson Turner Tysinger
Isakson Langford of 29th Walker

1956

JOURNAL OF THE SENATE

The Lieutenant Governor led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Arthur Langford of the 35th District served as chaplain of the day and offered scripture reading and prayer.
The following resolutions of the Senate were read and adopted:
SR 345. By Senators Starr of the 44th, Glanton of the 34th and Thomas of the 10th: A resolution commending the Morrow High School Lady Mustangs and inviting them to appear before the Senate at a time to be designated by the President of the Senate.
SR 347. By Senators Oliver of the 42nd and Slotin of the 39th: A resolution recognizing the 50th Anniversary of the Warsaw Ghetto Uprising and acknowledging the suffering and courage of the Warsaw Ghetto population.
SR 348. By Senators Oliver of the 42nd and Thomas of the 10th: A resolution urging the Department of Human Resources to utilize certain fed eral funding for a program to immunize children of this state.
SR 349. By Senator Farrow of the 54th: A resolution recognizing and encouraging the concept of sister-schools.
SR 350. By Senator Garner of the 30th: A resolution commending Ms. Judy Jones.
SR 351. By Senator Ralston of the 51st: A resolution commending the Fannin County 9 and 10 year old Girls Basketball Team.
SR 352. By Senator Starr of the 44th: A resolution commending Terri Foster.
SR 353. By Senator Balfour of the 9th: A resolution commending Bradford R. Czerwonky.
SR 354. By Senator Madden of the 47th: A resolution recognizing Bobby Joe Whitworth and urging the Department of Corrections to rename the Hart County Probation Detention Center as the "Bobby Joe Whitworth Probation Detention Center".
SR 355. By Senators Thomas of the 10th, Parrish of the 43rd, Henson of the 55th and Oliver of the 42nd: A resolution commending and recognizing Ms. Angelia Lanette Hayes.
SR 356. By Senator Isakson of the 21st: A resolution commending Mr. John Gerring.
SR 357. By Senator Langford of the 29th: A resolution recognizing Julia Traylor Dyar.
SR 358. By Senator Dean of the 31st: A resolution commending the Cartersville Business and Professional Women's Club.

TUESDAY, MARCH 23, 1993

1957

SR 359. By Senator Marable of the 52nd:
A resolution commending the Rome News-Tribune on the occasion of its one hundred fiftieth anniversary.
SR 360. By Senators Garner of the 30th and Robinson of the 16th:
A resolution recognizing and commending Alpha Zeta Chapter of Chi Phi Frater nity at West Georgia College.
The following bill of the House was taken up for the purpose of considering the House action thereon:
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.
Senator Garner of the 30th moved that the Senate adhere to the Senate substitute to HB 223, and that a Conference Committee be appointed.
On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 223.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Edge of the 28th, Garner of the 30th and Dean of the 31st.
The following local, uncontested bills of the House, favorably reported by the commit tee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Tuesday, March 23, 1993
FORTIETH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
HB 425 Balfour, 9th Burton, 5th Tysinger, 41st Day, 48th Newbill, 56th GWINNETT COUNTY
Provides for Magistrate Court of Gwinnett County; law library fees.
HB 621 Thompson, 33rd Clay, 37th Ragan, 32nd Isakson, 21st Abernathy, 38th COBB COUNTY
Provides for a method to fill vacancies of the Cobb County Board of Commis sioners; chairperson, commissioners qualifying other position.

1958

JOURNAL OF THE SENATE

*HB 634 Robinson, 16th COLUMBUS/MUSCOGEE COUNTY
Provides for consolidated government; creation; form, boundaries, services; Mayor-Council-City Manager. (SUBSTITUTE)

*HB 682 Thompson, 33rd Ragan, 32nd Clay, 37th Isakson, 21st Abernathy, 38th COBB COUNTY
Creates the Cobb Year 2000 Commission; selection of members. (SUBSTITUTE)

HB 921 Balfour, 9th Burton, 5th Tysinger, 41st Day, 48th Newbill, 56th GWINNETT COUNTY
Provides for State Court of Gwinnett County; additional judge.

*HB 983 Thompson, 33rd Ragan, 32nd Clay, 37th Isakson, 21st Abernathy, 38th COBB COUNTY
Creates the South Cobb Development Authority; provides for appointment of additional members; terms. (AMENDMENT)

*HB 1054

Dean, 31st PAULDING COUNTY
Establishes a Civil Service Board for Paulding County; duties: functions; clerical assistance; appeals panel; practice and procedures. (SUBSTITUTE)

HB 1093 Ray, 19th CITY OF DUBLIN
Creates a new charter for the City of Dublin; Mayor and Council members; time of elections; terms of office.

HB 1094 Ray, 19th CITY OF DUBLIN
Provides for Board of Education; City of Dublin; corporate body; powers, du ties relating to real estate, taxing authority.

HB 1096 Bowen, 13th WORTH COUNTY
Creates the State Court of Worth County; provides for solicitor; changes sal ary.

TUESDAY, MARCH 23, 1993

1959

*HB 1102

Balfour, 9th Burton, 5th Tysinger, 41st Day, 48th Newbill, 56th GWINNETT COUNTY
Provides for Magistrate Court of Gwinnett County; compensation. (AMENDMENT)

HB 1106 Garner, 30th CITY OF VILLA RICA
Provides for change in corporate limits; excludes certain territory annexed by 1988 amendatory Act.

HB 1107 Bowen, 13th TURNER COUNTY
Provides for Board of Commissioners of Turner County; changes compensa tion.

HB 1115 Boshears, 6th APPLING COUNTY
Provides for salary supplement paid by Appling County to judges of superior court of Brunswick Judicial Circuit.

HB 1117 Ray, 19th JEFF DAVIS COUNTY
Provides for salary supplement paid by Jeff Davis County to judges of supe rior courts; district attorney of Brunswick Judicial Circuit.

HB 1123 Alien, 2nd Coleman, 1st SAVANNAH-CHATHAM COUNTY
Dissolves the Savannah-Chatham County Anti-Drug Commission; repeals the Savannah-Chatham County Anti-Drug Commission Act.

HB 1124 Bowen, 13th TOWN OF SUMNER
Provides for incorporation, boundaries and powers of the town of Sumner.

HB 995 Bowen, 13th TOWN OF SYCAMORE
New charter for the town of Sycamore; mayor and council members; elec tions; terms.

HB 996 Bowen, 13th TOWN OF REBECCA
New Charter for the town of Rebecca; mayor and council members; elections; terms.

1960

JOURNAL OF THE SENATE

THE FOLLOWING OBJECTIONS WERE RECORDED:
HB 621** Senators Thompson of the 33rd, Hill of the 4th and Hemmer of the 49th re quested, as provided for in Senate Rule 113, that HB 621 be moved to the Senate Local Contested Calendar, and HB 621 was placed on the Senate Local Con tested Calendar for today.
The amendments and substitutes to the following bills were put upon their adoption:
*HB 634:
The Senate Committee on Urban and County Affairs offered the following substitute to HB 634:
A BILL
To be entitled an Act to provide for a new charter for the county-wide government of Columbus, Georgia; to provide for the creation, form, boundaries, and services of such gov ernment; to provide for powers, duties, and authority of such government; to provide for taxing districts; to provide for limitations; to provide for the election of members of the council; to provide for procedures, terms, and qualification; to provide for council districts; to provide for compensation and expenses; to provide for meetings, officers, organization, rules, quorum, and employees; to provide for council powers, duties, and authority; to pro vide for ordinances and all related procedures and limitations; to provide for codes of tech nical regulations; to provide for codification, printing, and publication; to provide for council inquiries and investigations; to provide for the powers, duties, and authority of the mayor; to provide for boards, commissions, and authorities; to provide for the powers, duties, and authority thereof; to provide for the terms, qualifications, limitations, compensation, and election of the mayor; to provide for a mayor pro tern.; to provide for powers and duties thereof; to provide for city officers and their powers, duties, and authority; to provide for courts; to provide for the jurisdiction, powers, duties, and authority thereof; to provide for the selection, qualifications, and compensation of certain judicial officers; to provide for reapportionment of districts; to provide for elections and procedures; to provide for initiative and referendum and procedures related thereto; to provide for removal of the mayor or councilors; to provide for revenue, taxation, and appropriations and powers, duties, and au thority related thereto; to provide for budgets and procedures; to provide for audits; to pro vide for procurement and disposition of property; to provide for county officers and agen cies; to provide for the applicability of laws; to provide for claims and liability; to provide for conflicts; to provide for pensions and personnel; to provide for merit service; to provide for amendments; to provide for severability; to provide for a code of ethics and prohibited practices; to provide for other matters relative to the foregoing; to provide for the specific repeal of certain local Acts; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PARTI
ARTICLE I
CREATION, FORM, BOUNDARIES AND SERVICES OF CONSOLIDATED GOVERNMENT
Section 1-100. Consolidation of city and county; creation of consolidated government; name. The governmental and corporate powers, duties and functions now vested in the City of Columbus, a municipal corporation created by an Act of the General Assembly approved December 19, 1928 (Ga. L. 1828, p. 153), as amended, and particularly but not in limitation as amended by an Act of the General Assembly approved August 5, 1921 (Ga. L. 1921, p. 800), as amended, are hereby consolidated with the governmental and corporate powers, duties and functions of the County of Muscogee, such consolidation of the governments of the City of Columbus and the County of Muscogee being pursuant to constitutional power

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granted by Article XI, Section I, Paragraph VII of the Constitution of Georgia of 1945, as amended, particularly by an amendment ratified at the general election held on November 5, 1968 (Ga. L. 1968, p. 1508), and in accordance with an Act of the General Assembly approved April 25, 1969 (Ga. L. 1969, p. 3571). Said consolidation shall result in the estab lishment of a single county-wide government with powers and jurisdiction throughout the territorial limits of Muscogee County, which single government shall supersede and replace the governments of the City of Columbus and the County of Muscogee and, to the extent provided in this Charter, shall also supersede and replace any public authorities and special service districts located and operating within Muscogee County. All areas of Muscogee County outside of Bibb City and the Fort Benning Reservation are hereby annexed as a part of the City of Columbus and shall become hereby a part of the City of Columbus which is hereby consolidated with Muscogee County, and the single government hereby created shall be considered for all purposes as being a consolidation of the governments of Columbus as defined hereby with the County of Muscogee, and the single government which supersedes and replaces the governments of the City of Columbus and County of Muscogee shall be considered as a consolidation of the City of Columbus with boundaries to the Muscogee County line with the exception of Bibb City and the Fort Benning Reservation. It is the express intention of the General Assembly in enacting this provision to declare as a city and as a part of the City of Columbus all the area of Muscogee County with the exception of Bibb City and the Fort Benning Reservation. Said county-wide government shall be a new political entity, a body politic and corporate, and a political subdivision of the State, to be known as "Columbus, Georgia," (herein at times called "the consolidated government") hav ing all of the governmental and corporate powers, duties and functions heretofore held by and vested in the City of Columbus and Muscogee County, and also the powers, duties and functions provided in this Charter. The consolidated government shall be a public corpora tion; shall have perpetual succession; shall, without the necessity or formality of a deed, bill of sale or other instrument of transfer, own, possess and hold all the properties (of whatso ever kind or nature), assets, contracts, franchises, things, rights, privileges, immunities, real and personal property theretofore owned, possessed, enjoyed or held by the City of Colum bus and the County of Muscogee; and by the name of Columbus, Georgia shall be able to contract and be contracted with, sue and be sued as provided by this Charter, plead and be impleaded, in all courts of this State, and do all other acts relating to its corporate capacity; and shall be able in law and equity to purchase, have and hold, receive, enjoy, accept, pos sess and retain for the use and benefit of said Columbus, Georgia, in perpetuity or for any term of years, any estate or estates (real or personal), lands, tenements, hereditaments of whatsoever kind or nature within or without the territorial limits of the consolidated gov ernment, as may be devised, bequeathed, sold or by any manner conveyed or dedicated to or otherwise acquired by the consolidated government, and to use, manage, and improve, sell and convey, rent or lease same; and to have and use a common seal. From and after the effective date of the Charter, the political subdivision known as Muscogee County, Georgia, and the municipal corporation known as the City of Columbus, Georgia shall be merged into the said new political entity herein created.
Section 1-101. Form of government. The consolidated government provided by this Charter shall be known as the Mayor-Council-City Manager form of government. The mayor shall be aided by a city manager, who, in the performance of his or her duties, shall be responsible to the mayor.
Section 1-102. Boundaries of the consolidated government. The territory embraced in the consolidated government shall be the total area of Muscogee County, as the same may be now or hereafter fixed and established by law.
Section 1-103. Taxing districts.
(1) The consolidated government shall, within the geographic limits thereof, comprise two or more taxing districts, (herein called "services districts"), wherein taxes shall be as sessed, levied, and collected by the consolidated government in accordance with the kind, character, type, degree, and level of services provided by said government within said ser vices districts, and the rate and manner of taxation may vary in any one district from that

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in another or other districts. The powers, authority, duties, liabilities, and functions of the consolidated government may vary in any district from that in another or other districts, as provided by ordinance.
(2) The Council of the consolidated government shall, pursuant to the applicable provi sions of Article IX, Section 9-102 hereof divide the territory of the consolidated government into two or more taxing districts (herein called "services districts"); provided, however, at least one of such districts shall be known as the general services district and shall consist of the total area of Muscogee County as fixed and established on the effective date of this Charter or as thereafter modified according to law; and provided, further, the council shall establish at least one or more urban services districts which shall embrace such territory or territories for which provision is made by the Council for additional or higher levels of ser vices than are provided uniformly throughout the territory of the consolidated government on the effective date of this Charter. In the establishment of the first urban services district or districts, the Council shall hold one or more public hearings thereon at which all inter ested persons affected thereby shall have an opportunity to be heard. Notice of the time, place and date of such hearings shall be published in one or more newspapers of general circulation in Muscogee County at least twice during the week immediately preceding the date of the hearing.
(3) The consolidated government is hereby empowered to exercise and provide within the General Services District and within any urban services district established by this Charter or by ordinance of the Council those powers, functions and services which have theretofore been exercised and provided by Muscogee County or the City of Columbus, or both; all powers, functions and services authorized by this Charter, and any amendments thereto; and all powers, functions and services which counties and municipal corporations, or both, are now or hereafter authorized to exercise under the Constitution and laws of the State of Georgia.
(4) The consolidated government shall perform within the General Services District those governmental duties, functions and services which are generally available and accessi ble to all residents throughout the total area of said government.
(5) The consolidated government shall perform within its urban services districts those additional, more comprehensive and intensive and higher levels of governmental duties, functions and services which benefit primarily the residents of such urban services districts.
(6) Except as otherwise provided by this Charter, urban services districts of the consoli dated government shall be created, expanded, merged, consolidated or reduced only by ordi nance duly adopted by the council under such general rules, procedures, regulations, re quirements and specifications as established by the Council; provided however, no new urban service district shall be created or existing urban services districts expanded, abol ished, merged, consolidated or reduced without providing an opportunity for interested per sons to be heard by publishing a notice of a public hearing on the proposed expansion, consolidation, reduction or creation of an urban services district in one or more newspapers of general circulation in Columbus, Georgia for a period of once each week for at least two successive weeks prior to the date of the hearing. Such rules and regulations shall set forth the manner and method for creation of new urban services districts, expansion, consolida tion, reduction or merger of existing urban services districts, requirements for defining func tions and policies for rendering services, changes in levels of services within existing services districts, transferring territory from one services district to another, requirements for defin ing boundaries of services districts, procedures, expansion, reduction or consolidation of ex isting services districts and requirements for defining boundaries of services districts.
Section 1-104. Limitations. Nothing contained in this Charter shall be construed so as to affect the status of any incorporated municipality located within Muscogee County other than the City of Columbus, and the status or relationship that such incorporated municipal ities bear to Muscogee County and the City of Columbus prior to the adoption of this Char ter shall continue to the same extent with the consolidated government.

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ARTICLE II
POWERS AND DUTIES
Section 2-100. Powers and duties.
(1) The consolidated government shall have and be vested with, to the same extent as if herein repeated, all rights, powers, duties, privileges and authority that the City of Colum bus or Muscogee County, or both, has under the Constitution, and general and special laws of Georgia at the time of the adoption of this Charter, except as herein expressly modified.
(2) In addition to the foregoing, the consolidated government shall have all rights, pow ers, duties, privileges and authority herein conferred or herein enlarged, and such other rights, powers, duties, privileges and authority as may be necessary and proper for carrying the same into execution, and also all rights, powers, duties, privileges and authority, whether express or implied, that may be now vested in or hereafter granted to counties or municipal corporations, or both, by the Constitution of Georgia and laws of this state, including the powers vested in the consolidated government by this Charter.
(3) The consolidated government, in addition to the rights, duties, powers, privileges and authority expressly conferred upon it by this Charter, shall have the right, duty, power, privilege and authority to exercise and enjoy all other powers, duties, functions, rights, priv ileges, and immunities necessary and proper to promote or protect the safety, health, peace, security and general welfare of said government and its inhabitants and to exercise all im plied powers necessary to carry into execution all powers granted in this Charter as fully and completely as if such powers were fully enumerated herein and to do and perform all of the acts pertaining to its local affairs, property and government, which are necessary or proper in the legitimate exercise of its corporate powers and governmental duties and functions.
(4) No enumeration of any right, power, privilege or authority hereinafter made shall be construed as limiting or abolishing any right, power, privilege or authority hereinabove set forth.
(5) No repeal of any law under which the consolidated government derives any right, power, privilege or authority, except by amendment of this Charter as herein provided, shall be construed as limiting or abolishing any such right, power, privilege or authority hereinabove set forth.
ARTICLE III
LEGISLATIVE BRANCH
Chapter 1. The Council
Section 3-100. Number; terms of councilors; election.
(1) The members of the council who are serving as such on January 1, 1993, and any person selected to fill a vacancy in any such offices shall continue to serve as such members for the remainder of their terms of office.
(2) The council shall consist of ten members. The terms of councilors shall be four years commencing on the regular meeting time set by the council within seven days following the first Monday in January next following their election except that a councilor selected to fill a vacancy shall serve only for the remainder of the unexpired term. Councilors shall be elected as provided in Article VI of this charter. Councilors shall serve until the expiration of their terms of office and until their successors are elected and qualified.
(3) Each council post shall be numbered. Members of the council serving on January 1, 1993, and any successor to such a member filling a vacancy for an unexpired term shall continue their respective post designations in effect on January 1, 1993, for the remainder of the term of office. Beginning with the regular elections in 1994 and 1996, the post numbers shall correspond with the numbering of the respective council districts as members are

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elected to the eight council districts provided for in Section 6-101 of this charter. The mem ber elected to the council as an at-large member in 1994 shall continue to be the designated Post 9 councilor and the member elected to the council as an at-large member in 1996 shall continue to be the designated Post 10 councilor. After the regular elections in 1994 and 1996, the council shall have eight district councilors and two councilors at large.
Section 3-101. Qualifications of councilors. A councilor shall be a citizen of the United States; shall have been a resident and qualified elector of the consolidated government for a least two years prior to the date of his or her election; and shall be at least 21 years of age when elected to office. In addition to such qualifications, a district councilor shall have been a resident of the district from which elected for a period of at least one year prior to the date of his or her election and shall continue to reside therein during his or her term of office. Any councilor who removes his or her residence from the consolidated government or in the case of a district councilor, from the district from which elected, shall thereby vacate his or her office. No person holding the office of councilor shall hold any other elective pub lic office or any appointive position of employment within the consolidated government.
Section 3-102. Compensation and expenses. Councilors shall receive as compensation for their services an amount fixed by ordinance. Except as otherwise provided by Section 4203 of this Charter, each councilor shall receive the same salary and ho increase or decrease in the annual compensation of councilors shall become effective until the day of the com mencement of the terms of councilors elected at the next regular election following any increase or decrease in their annual compensation. The Council shall by ordinance establish a policy for reimbursement of the actual necessary expenses incurred by its members in the performance of their official duties.
Section 3-103. Organization of the Council; officers; rules; quorum; meetings; employees.
(1) The Council shall meet at its usual meeting place for organization at the regular meeting time set by the council within seven days following the first Monday in January next following its election, at which time it shall elect by six votes one of its members as mayor pro tern to serve until the next organizational meeting. It shall also elect a clerk of Council who shall not be selected from its own membership. All appointments, elections and confirmations by the Council shall be viva voce and this vote recorded in the official journal.
(2) The mayor and members of the Council, before entering upon their duties shall take and subscribe before a Judge of the Superior Court the following oath of office:
"I do solemnly swear that I will well and truly perform the duties of Mayor (or coun cilor as the case may be) of Columbus, Georgia, and that I will support and defend the Charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America. So help me God."
(3) The Council shall adopt rules of procedure governing the transaction of its business consistent with the provisions of this Charter and shall provide for keeping a journal of its proceedings which shall be a public record. Six members of the Council shall constitute a quorum for the transaction of business, provided a smaller number may adjourn from time to time.
(4) The rules of the Council shall provide for regular meetings which shall be held at least once in every week, and shall fix the date and place of all regular meetings; provided, however, that any regular meeting may be canceled upon the adoption of a resolution by a majority vote of the Council at least seven days prior to the meeting. In no event shall fewer than two regular meetings be held in any month. Special meetings of the Council may be called by the mayor or by any six members of the total membership of the Council upon no less than 12 hours' written notice to each member served personally or left at the usual place of business or residence of such member. Such notice of the special meeting may be waived in writing either before or after the meeting. Special meetings may be held at any time without notice upon attendance at such meeting of or waiver of notice by all members of the council.

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(5) All meetings of the Council shall be public and any citizen may have access to the minutes and records thereof at reasonable times.
(6) For each absence of a councilor from a regular meeting of the Council, there shall be deducted from the pay of such councilor a sum equal to 2 percent of the annual salary of the councilor; provided however, there shall be no deductions from the pay of a councilor for absences from regular meetings where such absences have been excused by the Council by resolution setting forth the reason thereof and entered upon the journal. Absence from five consecutive regular meetings shall operate to vacate the seat of a councilor, unless the ab sence is excused by the Council by resolution setting forth the reason thereof and entered upon the journal.
(7) The clerk of Council shall give notice of Council meetings to its members, to the mayor and to the public as provided by ordinance, keep the journal of its proceedings, main tain a current and comprehensive index of all ordinances and resolutions and perform such other duties as may be assigned him or her by this Charter or by the Council.
Section 3-104. Powers of Council.
(1) All legislative power of the consolidated government including any such power which may hereafter be conferred on the consolidated government by amendment of this Charter, or by the Constitution or laws of Georgia, shall be vested in and exercised by the Council in accordance with the provisions of this Charter. Where the Council has deter mined that a state of emergency exists, it may delegate its legislative powers to the mayor to rule the city by proclamations and such proclamations shall have the force and effect of ordinances adopted by the Council and violators shall be punished by fine and imprison ment in like manner as violators of ordinances adopted by the Council of Columbus.
(2) In the exercise of its powers, the Council shall adopt and provide for the execution of such ordinances, rules and regulations, not inconsistent with this Charter, as may be necessary or proper for the purpose of carrying into effect the powers conferred by this Charter and for the promotion and protection of the safety, health, peace, security and gen eral welfare of the inhabitants of the consolidated government and may enforce such ordi nances, rules and regulations by imposing penalties for violations thereof, by a fine not ex ceeding $600.00 or imprisonment not exceeding 90 days, or both.
(3) The Council may by ordinance create, change, alter, combine, abolish and consoli date bureaus, boards, commissions, departments, divisions, authorities, offices, and agencies of the consolidated government including positions of public employment and may transfer and delete functions and assign additional functions to any of the bureaus, offices, agencies, departments, divisions, boards, authorities, commissions and positions of public employ ment existing under this Charter.
(4) The Council may bring charges against any appointed officer or employee not in the merit service of the consolidated government for lack of qualifications, incompetence, neg lect of duty, gross misconduct in reference to his or her duties, or violation of the Code of Ethics provided in Appendix Two of this Charter. The charges shall be presented in writing to the appointing authority, and if he or she does not remove the accused, the Council may order a public hearing thereon, at which the official shall have the right to be heard, to be represented by counsel, and to require the attendance of witnesses and the production of relevant books and papers. If, after hearing, the accused be found guilty as charged, he or she may be suspended or dismissed from the service of the consolidated government by the affirmative vote of seven members of the Council.
(5) Except as otherwise provided by this Charter, the Council and its members shall deal with the executive branch of the consolidated government, including all appointive of ficers, directors of departments and employees thereof only through the mayor and any such action by the Council may take the form of an ordinance or resolution.
Chapter 2. Legislative Procedure
Section 3-200. Legislation by ordinance. Every official act of the Council which is to

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become law shall be by ordinance and shall begin with the words: "The Council of Colum bus, Georgia, hereby ordains." All other acts of the Council shall be by resolution or shall take such other form as prescribed by its rules.
Section 3-201. Manner of introduction, consideration, and passage of ordinances.
(1) Every proposed ordinance must be complete and in writing and may be introduced by any member at any meeting of the Council. Every ordinance shall embrace but one sub ject which shall be clearly expressed in the title, except ordinances making appropriations or authorizing the contracting of indebtedness or issuance of bonds or other evidence of debt.
(2) Ordinances making appropriations or authorizing the contracting of indebtedness or the issuance of bonds or other obligations and appropriating the money to be raised thereby shall be confined to those subjects respectively. Nothing herein shall be construed to pre vent the Council from authorizing in and by the same ordinance the making of any one public improvement and the issuance of bonds therefor.
(3) No ordinance shall be passed and adopted until it has been read at two regular meetings not less than one week apart. The requirement of such reading may be dispensed with at either or both of such meetings by the affirmative vote of six members of the Coun cil. Where the Council determines that a state of emergency exists due to natural disaster, foreign enemies, or civil disobedience, an ordinance may be passed declaring that such emergency exists and such ordinance may be adopted on one reading, effective immediately, and effective prior to advertisement.
(4) No ordinance or section thereof shall be revised or amended by its title or section number only, but the new ordinance shall contain the entire ordinance or section as revised or amended.
(5) Each proposed ordinance may be read only by title when called for final passage.
(6) Voting upon the passage of all ordinances shall be taken by "ayes" and "nays" and the names of the councilors voting for and against each proposed ordinance or amendment shall be entered upon the journal of the proceedings of the Council.
(7) No proposed ordinance shall be adopted except by the affirmative vote of at least six members of the Council.
(8) No member of the Council present at any meeting shall be excused from voting upon passage of an ordinance except on matters involving the consideration of the official conduct of such member or when the financial interests of such member are involved.
Section 3-202. Submission of ordinances to the mayor.
(1) Every ordinance adopted by the Council shall be presented by the clerk to the mayor for his or her signature as promptly as possible following its adoption.
(2) Within five days after such presentation, the mayor shall return the ordinance to the clerk with or without his or her signature. If the ordinance has been signed by the mayor, it shall become law upon its return to the clerk; if the ordinance has not been signed, it shall be resubmitted to the Council through the clerk with the mayor's written motion that the ordinance be reconsidered. The clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor. An ordinance penal in nature, providing for punish ment or fine, shall become law ten days after it has been signed by the mayor and returned to the clerk.
(3) In the event the mayor fails to sign the ordinance in accordance with subsections (1) and (2) hereof or does not resubmit the ordinance with his or her written motion for recon sideration as provided in subsection (2) hereof, the ordinance shall become law upon the expiration of said five-day period following its adoption. In the event the mayor fails to sign an ordinance penal in nature providing for punishment or fine, or does not resubmit such penal ordinance with his or her written motion for reconsideration, the ordinance shall be come law upon the expiration of 15 days following its adoption.

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(4) Each ordinance resubmitted by the mayor with his or her written motion for recon sideration shall be presented by the clerk to the Council at its next regular meeting, and should the Council after discussion on the merits then reaffirm its action by a vote of six members, the ordinance shall become law. An ordinance penal in nature, providing for pun ishment or fine, reaffirmed by such votes of six members, shall become effective ten days after such vote of reaffirmation.
Section 3-203. Authentication; recording; effective date. All ordinances which have be come law shall immediately be deposited in the official archives of the clerk of Council. The clerk shall note on the face of the ordinance the date and time it has become law and the ordinance shall become effective at noon on the day following its becoming law or at such later time as it may specify. The clerk shall authenticate by his or her signature each ordi nance which had become law. Except as otherwise provided in this Charter, the clerk shall cause each ordinance which has become law to be recorded in full in a properly indexed official journal maintained for such purpose.
Section 3-204. Codes of technical regulations.
(1) The Council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that:
(a) The requirements of Section 3-201(4) for distribution and filing of copies of the ordinance shall be construed to include copies of the code of technical regulations, as well as the adopting ordinance; and
(b) A copy of each adopted code of technical regulations, as well as the adopting ordi nance, shall be authenticated and recorded by the clerk pursuant to Section 3-203.
(2) Copies of any adopted code of technical regulations shall be made available by the clerk for distribution or for purchase at a reasonable price.
Section 3-205. Codification and printing of ordinances.
(1) The Council shall, by October 5, 1974, provide for the preparation of a general codi fication of all ordinances of a general or permanent nature. Such code shall be adopted by the Council by ordinance and shall be published promptly in loose-leaf form, together with all amendments thereto, this Charter, any amendments hereto, and such codes of technical regulations and other rules and regulations as the Council may specify. This compilation shall be known and cited officially as the "Columbus Georgia Code." As determined by the Council, copies of the Code shall be furnished to officers, departments and agencies; placed in libraries and public offices for public reference; and made available for purchase by the public at a reasonable price.
(2) Copies of ordinances and Charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the Council. Following publication of the first Columbus Georgia Code and from time to time thereafter, the ordinances and Charter amendments shall be printed in substantially the same style as the Code currently in effect and shall be suitable in form for integration therein.
Section 3-206. Publication of ordinances by caption only; publication in full. The cap tion of every ordinance showing its general contents shall be published once, within ten days after becoming law, in the newspaper having the largest circulation in Columbus, Georgia, and this publication will include notice of the office of consolidated government in which the full text of the ordinance is available for public inspection, except that if the cost of publish ing the full text of the ordinance does not exceed $99.00, the full text and not just the caption shall be published as provided in this section, and no notice of the office in which the full text is available shall then be required to be published.
Chapter 3. Council Inquiries and Investigations
Section 3-300. Inquiries and investigations.
(1) The Council shall have the power to conduct or cause to be conducted inquiries and

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investigations of the operation of any office, department, or agency or the conduct of any officer or employee thereof administering the affairs of the consolidated government.
(2) In conducting inquiries and investigations, the Council shall have the right to ad minister oaths, subpoena witnesses, documents, records or other evidence, take testimony, and require the production of evidence. Any subpoena shall be issued by the clerk at direc tion of the Council. Any person who fails or refuses to obey a lawful order, subpoena or summons issued in the exercise of these powers by the Council shall appear before the re corder or recorder pro tern, of the recorder's court, who shall hear the reasons or excuses for such failure and the recorder or recorder pro tern, shall have authority to impose such pun ishment as for a contempt as he or she may deem proper, not to exceed a fine of $100.00 or imprisonment not to exceed ten days or both in the discretion of the court, with the right of appeal to the State Court of Columbus, Georgia, as hereinafter provided.
Section 3-301. Investigations to be public. All inquiries and investigation conducted by the Council shall be open to the public, except when in the opinion of the Council executive sessions are required.
Section 3-302. Rights of witnesses and others. Any witness appearing before the Council may be represented by counsel. Any person whose character shall have been impugned in the course of an inquiry or investigation by the Council shall be given the opportunity to appear with or without counsel, to present evidence, to cross-examine witnesses, and to call witnesses of his or her own, and the Council shall, upon application being made, exercise its subpoena power to compel the attendance of such persons and witnesses.
Section 3-303. Conduct of proceedings. The conduct of proceedings at Council inquiries and investigations shall be subject to such rules as the Council may prescribe.
ARTICLE IV
EXECUTIVE BRANCH
Chapter 1. Organization and General Provisions
Section 4-100. Executive powers. All executive and administrative powers of the consol idated government shall be vested in and exercised by the executive branch.
Section 4-101. Organization. The executive branch shall consist of the office of the mayor; the office of city manager; the directors of departments; and departments, boards, commissions and authorities ordained by the Council or established by law.
Section 4-102. General provisions concerning departments.
(1) The operations and responsibilities of each department in the consolidated govern ment shall be distributed among such divisions or bureaus as may be provided for by ordi nance of Council. Each department shall consist of such officers, employees, and positions as may be provided by ordinance.
(2) There shall be a director of each department who shall be the principal officer thereof, except the department of public safety, the director and principal officer of which shall be the mayor. Except as otherwise provided by law or this Charter, each director shall, subject to the supervision and direction of the city manager, be responsible for the conduct of the affairs and operations of his or her department and shall exercise general manage ment and control of the several divisions, bureaus or other units of the departments as may be established by ordinance of the Council.
(3) All directors of departments shall be appointed and may be removed by the city manager with the advice and consent of the Council, except where other appointing author ity is designated by this Charter or by applicable state law.
(4) Except as otherwise provided by this Charter the directors of departments and other appointed officers of the consolidated government shall serve at the pleasure of the appointing authority. Vacancies occurring in an appointive office shall be filled in the same manner as prescribed by this Charter for an original appointment.

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(5) Except as otherwise provided by law, the directors of departments and other ap pointed officers of the consolidated government shall be appointed on the basis of their respective executive, administrative and professional qualifications.
(6) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance of the Council.
Section 4-103. General provisions concerning boards, commissions and authorities.
(1) All members of boards, commissions and authorities of the consolidated government shall be appointed by the Council for such term of office and by such manner of appoint ment as provided by ordinance, except where other appointing authority, term of office or manner of appointment is prescribed by this Charter or by applicable state law.
(2) Any vacancy in office of any member of a board, commission and authority of the consolidated government shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this Charter or by applica ble state law.
(3) No member of any board, commission or authority shall assume office until he or she shall have executed and filed with the clerk of the Council an oath obligating himself or herself to faithfully and impartially perform the duties of his or her office, such oath to be prescribed by ordinance of the Council and administered by the mayor.
(4) Any member of a board, commission or authority of the consolidated government may be removed from office for cause by a vote of six members of the Council.
(5) Except as otherwise provided by law, members of boards, commissions and authori ties may receive such compensation as may be prescribed by ordinance. The Council may by ordinance establish a policy for reimbursement of the actual and necessary expenses in curred by such members in the performance of their official duties.
Chapter 2. The Mayor
Section 4-200. Term; qualification; compensation; election.
(1) (A) The mayor who is serving as such on January 1, 1993, and any person selected to fill a vacancy in such office shall continue to serve as mayor for the remainder of the unexpired term of office.
(B) The mayor of the consolidated government (herein referred to as the "mayor") shall be elected for a term of four years and shall assume office on the first Monday in January next following his or her election and shall serve until a successor is elected and qualified. The mayor shall be elected as provided in Article VI of this Charter.
(2) The mayor shall be a citizen of the United States, shall have been a resident and qualified elector of the consolidated government for at least two years prior to the date of his or her election, and shall be at least 25 years of age when elected to office. If the mayor shall cease to be a resident and qualified elector during his or her term of office he or she shall forthwith forfeit the office and the Council shall declare the office vacant.
(3) The annual salary of the mayor shall be fixed by ordinance of Council; provided, however, that such compensation shall not be diminished during his or her term of office.
Section 4-201. Powers and duties. The mayor shall have the power and the duty:
(1) To be the official spokesperson for the consolidated government and its chief advo cate of policy, and to see that the ordinances, resolutions, and regulations of the Council and laws of this state, subject to enforcement by the mayor or by officers subject to the mayor's direction and supervision, are faithfully executed and enforced;
(2) To preside at all meetings of the Council and to have a voice in its proceedings:
(3) (a) To nominate the city manager and the city attorney. Such nominations shall become effective when confirmed by the affirmative vote of six members of the Council;

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(b) To recommend the removal of the city manager and the city attorney. Such recom mendations shall become effective when confirmed by the affirmative vote of six members of the Council;
(4) To have the right to vote only in the case of a tie, and for such purpose only to be deemed a member of the Council;
(5) Except as provided in subsection (9) hereof, to sign ordinances on their final pas sage; to sign deeds, bonds, contracts, and other instruments and documents in any case in which the execution of legal instruments of legal writing or of other necessity, arising where the general laws of the state, or provisions of this Charter, or ordinance or resolution of the Council so require;
(6) To be recognized as the official head of the consolidated government by the courts for the purpose of receiving service of civil process, by the Governor for the purpose of military law and for all ceremonial purposes;
(7) To take, with consent of the council, command of the police and govern the consoli dated government by proclamation and maintain order and enforce laws in times of danger or emergency, such consent may be given by an emergency ordinance adopted as set forth in Section 3-201(3) of the Charter, and in the event the President of the United States or the Governor of the State of Georgia declares such emergency to exist, to take command of the police and govern the consolidated government and maintain order and enforce laws until such time as the Council is able to act;
(8) To call special meetings of the Council as provided by Article III, Chapter I, Section 3-103(4) of this Charter;
(9) To require reconsideration of ordinances passed by the Council as provided by Arti cle III, Chapter 2, Section 3-202 of this Charter;
(10) To submit to the Council the recommended annual operating and capital budget and capital improvement program as required by Article VII, Chapter 4 of this Charter;
(11) To conduct studies and to make recommendations to the Council for legislation concerning all matters relating to the consolidated government and the welfare of its citizens;
(12) To represent the consolidated government in its intergovernmental relations, par ticularly where questions of public policy are at issue;
(13) To appoint for his or her information and assistance, advisory boards, commis sions, and committees which shall be answerable only to the mayor, but whose actions shall be advisory in nature;
(14) To direct, supervise and coordinate the administration and activities of the depart ment of safety;
(15) Subject to the approval of six members of the Council, to appoint and remove division heads such as the police and fire chief and such other officers as prescribed by ordinance;
(16) To supervise and direct all matters pertaining to civil defense, including civil de fense planning, training, coordination, implementation and such other civil defense func tions and activities, as required by ordinance; and
(17) To perform such other functions and duties as required by law, this Charter, or ordinance, or resolution of the Council.
Section 4-202. Limitation on terms of service; other elective office. Any mayor who is elected for two consecutive four-year terms shall not be eligible to be elected for the suc ceeding term. During his or her term of office, the mayor shall not hold any other elective public office or any appointive position of employment within the consolidated government.
Section 4-203. Mayor pro tern.; powers; duties. During the absence or disability of the

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mayor for any cause, the mayor pro tern, shall exercise all the powers and discharge all the duties of the mayor, until such vacancy has been regularly filled or until the return of the mayor or the removal of the mayor's disability. In the event of the absence or disability of both the mayor and mayor pro tern, for any cause, the Council shall designate one of their number to preside over their meetings and discharge the duties of mayor until either the return or removal of the disability of the mayor or mayor pro tern. The councilor who serves as mayor pro tern, shall receive an annual salary equal to the annual salary of councilors plus such additional compensation as may be fixed from time to time by ordinance of the Council.
Chapter 3. City Officers
Subchapter A. City Manager
Section 4-300. Appointment and removal. The city manager shall be appointed and re moved in accordance with the requirements of Section 4-201(3) of this Charter. The city manager shall not be removed without having been first served with written notice setting out the grounds for his or her removal and given an opportunity to be heard by the Council. The Council without the recommendation of the mayor shall be authorized to remove the city manager upon the affirmative vote of seven members. Vacancies occurring in the office of the city manager shall be filled in the same manner as prescribed by this Charter for original appointment.
Section 4-301. Residence and compensation. The city manager need not be a resident of the consolidated government or of the State of Georgia at the time of his or her appoint ment, but residence in the consolidated government must be acquired within three months thereafter and thereafter retained during his or her term of office. The city manager shall receive such compensation as fixed by ordinance of the Council.
Section 4-302. Powers and duties. The city manager, under and subject to the direction of the mayor shall:
(1) With the advice and consent of the Council, appoint and remove all heads of depart ments in the administrative service of the consolidated government who are subject to his or her control and direction as provided for by this Charter or personnel rules adopted pursu ant to this Charter and by ordinance;
(2) Direct and supervise the administration of all departments, offices and agencies of the consolidated government except as otherwise provided by law, this Charter, or ordinance;
(3) Prepare and submit to the mayor the annual operating and capital budget and capi tal improvement program;
(4) Submit to the mayor and make available to the public a complete report on the finances and administrative activities of the consolidated government as of the end of each fiscal year and at such other times as the mayor may direct;
(5) Prepare and make such other reports concerning the operations of departments, offices and agencies of the consolidated government subject to the city manager's direction and supervision as may be required by the mayor or by the Council;
(6) Keep the mayor and Council fully advised as to the financial condition and future needs of the consolidated government and make such recommendations to the mayor and the Council concerning the affairs of the government as he or she deems desirable;
(7) Have care and custody of all buildings and of all real and personal property of the government;
(8) Direct and supervise the administration of the construction, maintenance, and oper ation of public streets, roads, bridges, drains and buildings and other public works;
(9) Confer with and assist the directors of all departments, such as the department of health and department of family and children services whose responsibilities and activities

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are not under direct control and jurisdiction of the Council but who are dependent upon appropriations therefrom;
(10) Confer with and advise all elected and appointed officials of the consolidated gov ernment who are not under the immediate control or jurisdiction of the Council but who receive financial support therefrom, such as sheriff, clerk of court, and probate judge;
(11) Examine regularly accounts, records and operations of every board, commission, authority, department, office and agency which receive appropriations from the Council;
(12) Provide general liaison between the mayor, the Council and all departments, boards, commissions and employees of the consolidated government;
(13) Perform such other duties as may be required by law, this Charter, ordinance, or resolution of the Council.
Subchapter B. City Attorney
Section 4-310. Appointment and removal. The city attorney shall be appointed and re moved in accordance with the requirements of Section 4-201(3) of this Charter. The city attorney shall not be removed without having been first served with written notice setting out the grounds for his or her removal and given an opportunity to be heard by the Council. The Council without the recommendation of the mayor shall be authorized to remove the city attorney upon the affirmative vote of seven members. Vacancies occurring in the office of the city attorney shall be filled in the same manner as prescribed by this Charter for original appointment.
Section 4-311. Qualifications; compensation. The city attorney shall be a resident of the consolidated government, an active member of the State Bar of Georgia in good standing, and shall have had at least five years' experience in active practice of the law. The compen sation of the city attorney shall be fixed by ordinance.
Section 4-312. Duties. The city attorney shall:
(1) Act as the legal adviser to and attorney and counsel to the consolidated government and all its officers in matters relating to their official duties;
(2) Prepare all contracts, bonds and other instruments in writing in which the consoli dated government is concerned and shall endorse on each approval of the form and correct ness thereof, and no such written contract with the consolidated government shall take ef fect until the approval of the city attorney is endorsed thereon;
(3) Be the prosecutor in the recorder's court:
(4) Perform such other duties as may be required by law, this Charter, ordinance, or resolution of the Council.
Subchapter C. Public Safety
Sections 4-320 and 4-321. Reserved.
Chapter 4. Reserved.
Chapter 5. Reserved.
Chapter 6. Boards, Commissions, and Authorities; Functions
Subchapter A. Departmental
Section 4-600. Board of water commissioners; laws continued in force; terms construed.
(1) On the effective date of this Charter, the board of water commissioners established pursuant to an Act of the General Assembly of Georgia, approved December 3, 1902 (Ga. L. 1902, p. 370), as amended, shall continue its operations without interruption resulting from the adoption of this Charter and said Act as now or hereafter amended is hereby continued in unimpaired force and effect; provided, however, that as used in said Act the terms "City of Columbus" or "Muscogee County" shall be construed to mean Columbus, Georgia, and the term "mayor and board of aldermen" shall mean Council of Columbus, Georgia.

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(2) The Council of the consolidated government shall be authorized to redefine the manner of appointment, membership and powers and duties of said board of water commis sioners after the expiration of a period of eighteen months following October 5, 1971. At such time, the Council shall also be authorized to modify, change or repeal any or all of the provisions of the Act of the General Assembly, approved December 3, 1902.
Section 4-601. Board of health; redesignation; application of law; terms construed. On October 5, 1971, the county board of health established by virtue of an Act of the General Assembly of Georgia, approved March 27, 1941 (Ga. L. 1941, p. 937), as amended, and pur suant to an amendment to Paragraph VI, Section I, Article XI of the Constitution of Geor gia, as amended (Ga. L. 1947, p. 1780), shall be redesignated as the board of health of Co lumbus, Georgia, and it shall continue its operation without interruption resulting from the adoption of this Charter. As of that date, the provisions of the Act establishing said board of health shall continue in unimpaired force and effect and shall apply to the consolidated government; except as used in said Act, the terms "City of Columbus" or "Muscogee County" shall be construed to mean Columbus, Georgia; the term "chairman of the board of commissioners of roads and revenues of Muscogee County" shall mean mayor of Columbus, Georgia; the term "city commissioners" shall mean Council of Columbus, Georgia; and the term "county board of health" shall mean Columbus Board of Health.
Section 4-602. Board of family and children services; redesignation; application of law; terms construed. On October 5, 1971, the board of family and children services of Muscogee County, established pursuant to an Act of the General Assembly of Georgia, approved Feb ruary 26, 1937 (Ga. L. 1937, p. 355), as amended, shall be redesignated as the board of family and children services of Columbus, Georgia, and said board, as herein redesignated, shall continue its operation without interruption resulting from the adoption of this Char ter. As of that date, the provisions of an Act of the General Assembly of Georgia, approved February 26, 1937 (Ga. L. 1937, p. 355), as amended, and as may hereafter be amended, shall apply to the consolidated government. As used in said Act, as amended, or as may hereafter be amended, the term "county" shall be construed to include Columbus, Georgia, and the terms "county commissioner" or "board of commissioners" shall be construed to include the Council of Columbus, Georgia.
Subchapter B. Attached to Departments
Section 4-610. Personnel review board.
(1) The personnel review board shall make recommendations on personnel rules and regulations; hear appeals from employees under procedures established by ordinance of the Council pertaining to classification, reclassification and allocation of positions within the merit service; hear appeals from disciplinary actions; investigate conditions of employment in the service of the consolidated government and report thereon at least annually to the Council; and perform such other functions and duties as may be required by ordinance.
(2) Pursuant to the authority of Code Section 36-1-21 of the O.C.G.A., the personnel review board shall hear appeals by employees of elected county officers and employees of other commissions, boards, or bodies of the county when said county officers or commissions or boards or bodies make written application for the inclusion of their employees in the merit system of the consolidated government, and such appeals shall be heard under the provisions of the Columbus Personnel Regulations or under such other provisions as may be ordained by the Council.
(3) The personnel review board shall consist of five regular members and five alternate members. Each alternate member shall be designated as the alternate for a particular regu lar member. In the absence of any regular member, the alternate so designated for his or her place shall sit as a substitute for said absent member and shall be empowered to act as a regular member until such time as the proceedings begun in the absence of the regular member are concluded.
Sections 4-611 through 4-613. Reserved.

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Subchapter C. Nondepartmental
Section 4-620. Housing Authority (reserved)
Section 4-621. Hospital authority; redesignation; application of law; terms construed. On October 5, 1971, the hospital authority of Muscogee County shall be redesignated as the hospital authority of Columbus, Georgia, and it shall continue its operation without inter ruption resulting from the adoption of this Charter. As of that date, the provisions of Article 4 of Chapter 7 of Title 31 of the O.C.G.A., the "Hospital Authorities Law," as now or here after amended, shall apply to the consolidated government. As used in said article, as amended, or as may hereafter be amended, the term "authority" shall be construed to in clude the hospital authority of Columbus, Georgia; the term "governing body" shall be con strued to include the Council of Columbus, Georgia; and the term "area of operations" shall be construed to include the area within but not limited to the territorial limits of Columbus, Georgia. Any and all agreements made by such authority are hereby approved and ratified, including, without limiting the generality of the foregoing, all bonds and notes or other monetary commitments issued or made by such authority and including any and all agree ments made by such authority with the federal government, or any agency thereof, or the state government or any agency thereof, pertaining in any way to the functions of such authority. By this section the corporate existence, functions and powers of the hospital au thority of Columbus, Georgia, are hereby expressly recognized and continued in unimpaired force and effect until abolished as herein provided. The Council may, by ordinance, abolish the hospital authority within a period of five years following October 5, 1971, and transfer all the powers and functions of such authority to a department or instrumentality of the consolidated government which shall have the power and its duty shall be to perform and exercise all the functions and powers theretofore performed and exercised by the hospital authority under Article 4 of Chapter 7 of Title 31 of the O.C.G.A., the "Hospital Authorities Law," as amended.
Section 4-622. Reserved.
Section 4-623. Industrial and port development commission.
(1) There is hereby created for Columbus, Georgia, an agency to be known as the "Co lumbus Industrial and Port Development Commission." Said Commission shall be a sepa rate public entity and a public corporation.
(2) The Commission shall consist of seven members who shall be appointed by the Council of Columbus, Georgia, and they shall serve for a term of five years and may be reappointed. Vacancies shall be filled for the unexpired term by the said Council. A majority of the members shall constitute a quorum, and a majority may act for the Commission in any matter. No vacancy shall impair the power of the Commission to act.
(3) On October 5, 1971, the Muscogee County Industrial Development Authority, cre ated by an amendment to Article VII, Section V, Paragraph I of the Constitution of Georgia of 1945, as amended, and as ratified at the general election held on November 5, 1968 (Ga. L. 1967, p. 947), shall stand abolished. Thereupon, the Columbus Industrial and Port Devel opment Authority created by this section shall succeed, replace, and have the powers and duties in every respect and shall perform every function as were formerly possessed and performed by the Muscogee County Industrial Development Authority and all rights, privi leges, obligations and powers heretofore vested therein by said constitutional amendment (Ga. L. 1967, p. 947) are hereby transferred to and vested in the Columbus Industrial and Port Development Commission and to such extent said constitutional amendment is contin ued in unimpaired force and effect.
(4) On October 5, 1971, the Muscogee County Port Development Commission, created pursuant to an amendment to Article VII, Section VII, Paragraph V of the Constitution of the State of Georgia of 1945, as amended, and as ratified at the general election held on November 8, 1966, (Ga. L. 1965, p. 702), shall stand abolished. Thereupon the Columbus Industrial and Port Development Commission created by this section shall succeed, replace, and have the powers and duties in every respect and shall perform every function as were

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formerly possessed and performed by the Muscogee County Port Development Commission, and all rights, privileges, obligations and powers heretofore vest therein by said constitu tional amendment (Ga. L. 1965, p. 702) are hereby transferred to and vested in the Colum bus Industrial and Port Development Commission and to such extent said constitutional amendment is continued in unimpaired force and effect.
(5) Property, real or personal, acquired, constructed, equipped or installed from the proceeds of any revenue bonds issued by the Commission shall not be exempt from ad valorem property taxation without the approval of the Council, and in the event such prop erty shall be owned by the Commission, the person, firm or corporation leasing such prop erty from the Commission shall make payments to Columbus, Georgia, in lieu of ad valorem property taxes which would have been owed had the property been owned by such person, firm or corporation, unless such payment shall be waived by the Council. The revenue bonds of the Commission, their transfer and the income therefor (therefrom) shall at all times be exempt from taxation within the State of Georgia.
Section 4-624. Board of tax assessors. There is created a board of tax assessors for the consolidated government, which shall consist of five members appointed by the Council for six-year staggered terms of office as specified by ordinance of the Council. It shall be the duty of the board to equalize and assess tax returns on all property, real, and personal, in Columbus, Georgia, subject to taxation, in such manner as to provide that each property owner will pay a tax in proportion to the value of his, her, or its property. The board of tax assessors shall perform such functions as are conferred upon county boards of tax assessors generally by the Constitution and laws of Georgia, and it shall exercise and perform such other powers, functions, and duties as may be required by ordinance or resolution of the Council. The board shall annually elect one of its members as chairperson and its members shall receive such compensation as fixed by ordinance of the Council. No person shall hold or perform the duties of tax assessor unless his or her qualifications shall meet the require ments established by Code Section 48-5-291 of the O.C.G.A.
Sections 4-625 and 4-626. Reserved.
Section 4-627. Airport commission; redesignation; application of law; terms construed.
(1) The Muscogee County airport commission created by an amendment to Article V, Section IV, Paragraph I of the Constitution of the State of Georgia of 1945, as amended, and ratified at the general election held on November 5, 1968 (Ga. L. 1968, p. 1655) is hereby redesignated as the Columbus airport commission which shall continue its operation without interruption resulting form the adoption of this Charter, and except as herein pro vided, the provisions of said constitutional amendment shall continue in unimpaired force and effect, except that as used in said amendment the term "County of Muscogee" shall mean Columbus, Georgia; and the term "Muscogee County airport commission" shall mean Columbus airport commission; the term "board of commissioners of Muscogee County" shall mean Council of Columbus, Georgia; and the term "clerk of commissioners" shall mean the clerk of Council of the consolidated government; provided, however, the Council may, by ordinance within a period of five years following October 5, 1971, transfer the administrative and operational powers and functions of the commission to the department of transporta tion under this charter.
Section 4-628. Reserved.
Section. 4-629. Columbus building authority. The Columbus and Muscogee County building commission created by an amendment to Article VII, Section VI, Paragraph I of the Constitution of Georgia of 1945, as amended and ratified at the general election held on November 5, 1968 (Ga. L. 1966, p, 946), is hereby redesignated as the Columbus building authority which shall continue its operations notwithstanding the adoption of this Charter, and said constitutional amendment is hereby continued in unimpaired force and effect; pro vided, however, that as used in said amendment the term "mayor and commissioners of the City of Columbus" shall be construed to mean the Council of Columbus, Georgia; the term

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"commissioners of roads and revenues of Muscogee County" shall mean the Council of Co lumbus, Georgia; the terms "mayor of the City of Columbus" and "Muscogee County" shall mean Columbus, Georgia.
ARTICLE V
JUDICIAL BRANCH
Chapter 1. Superior Court
Section 5-100. Unaffected by Charter. The Superior Court of Muscogee County shall continue its operations without interruption resulting from the adoption of this Charter and nothing herein shall be construed as affecting the status of said court.
Chapter 2. Probate Court
Section 5-200. Unaffected by Charter. The Probate Court of Muscogee County shall continue its operations without interruption resulting from the adoption of this Charter and nothing herein shall be construed as affecting the status of said court.
Chapter 3. State Court
Section 5-300. Redesignation. The city court of Columbus, created by an Act of the General Assembly of Georgia, approved December 20, 1884 (Ga. L. 1884-85, p. 455), as now or hereafter amended, and which by the charter of the consolidated government of Colum bus, Georgia, was named "City Court of Columbus, Georgia," shall be and is hereby desig nated as "State Court of Columbus, Georgia," and wherever the term "City Court of Colum bus" shall appear in said Act and all amendatory Acts thereof, it shall be construed to mean the State Court of Columbus, Georgia.
Section 5-301. Laws continued in force; terms construed. Said court, as herein redesignated, shall continue its operation without interruption resulting from the adoption of this Charter and the Act creating said court approved December 20, 1884 (Ga. L. 1884-85, p. 455, et seq.), and all Acts amendatory thereof are hereby continued in unimpaired force and effect, except that as used in said Act and any amendments thereof, the terms "City of Columbus" and "County of Muscogee" or "Muscogee County" shall be construed to mean Columbus, Georgia.
Chapter 4. Municipal Court
Section 5-400. Redesignation. On October 5, 1971, the municipal court of the City of Columbus, created by an Act of the General Assembly of Georgia, approved August 12,1915 (Ga. L. 1915, p. 63), as now or hereafter amended, shall be redesignated as the municipal court of Columbus, Georgia, so that wherever the term "Municipal Court of Columbus" shall appear in said Act and all amendatory Acts thereof, it shall be construed to mean the municipal court of Columbus, Georgia.
Section 5-401. Laws continued in force; terms construed. Except as otherwise provided by this Charter, the municipal court as herein redesignated shall continue its operation without interruption resulting from the adoption of this Charter and said Act creating said court (Ga. L. 1915, p. 63) and all amendatory Acts thereof are hereby continued in unimpaired force and effect. As used in said Act and all amendatory Acts thereof the terms "City of Columbus" and "County of Muscogee" or "Muscogee County" shall be construed to mean Columbus, Georgia; and the term "commissioners of roads and revenues of Muscogee County, Georgia" shall be construed to mean the Council of Columbus, Georgia.
Section 5-402. Jurisdiction.
(1) The municipal court of Columbus, Georgia shall have jurisdiction throughout the territorial limits of the consolidated government, concurrent with the Superior Court, to try and dispose of all civil cases or proceedings, of whatever nature, whether arising ex contractu or ex delicto, under the common law or by statute, in which the principal sum claimed to be due or the value of the property in dispute does not exceed the sum of $5,000.00, and of which jurisdiction is not now vested by the Constitution and laws of the

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State of Georgia exclusively in other courts, which jurisdiction shall include, concurrent with the Superior Court, the right and power to try and determine finally all dispossessory war rant and eviction cases, where proper pleadings are filed and returns made to said municipal court of Columbus, Georgia.
(2) The criminal jurisdiction of the municipal court of Columbus, Georgia, shall remain as authorized by law prior to the effective date of this Charter.
Chapter 5. Juvenile Court
Section 5-500. Unaffected by Charter; laws continued in force. On the effective date of this Charter, the juvenile court of Muscogee County shall continue its operations without interruption resulting form the adoption of this Charter. The provisions of an Act of the General Assembly of Georgia, approved February 19, 1951 (Ga. L. 1951, p. 291), as amended, or as may hereafter be amended, or any future act of the General Assembly of Georgia relating to the procedures, powers and jurisdiction of juvenile courts shall apply to the juvenile court of Columbus, Georgia to the extent not in conflict with this Charter. The term "county" as used in said Act, or as may be used in any future such act, shall be con strued to include Columbus, Georgia.
Chapter 6. Recorder's Court
Section 5-600. Redesignation; laws continued in force. On October 5, 1971, the mayor's court of the City of Columbus established pursuant to an Act of the General Assembly approved November 29, 1890 (Ga. L. 1890-1891, Vol. Two, p. 489), as amended, and contin ued as the police court of said city by an Act of the General Assembly of Georgia approved August 5, 1921, (Ga. L. 1921, p. 823), as amended, shall be redesignated as the recorder's court of Columbus, Georgia so that wherever the term "mayor's court" appears in said Act and all amendatory Acts thereof, it shall be construed to mean the recorder's court of Co lumbus, Georgia. Said court, as herein renamed shall continue its operation without inter ruption resulting from the adoption of the Charter and except as otherwise provided by this Charter, those provisions of the Act continuing said court (Ga. L. 1921, p. 823), as now or hereafter amended, are hereby continued in unimpaired force and effect. As used in the provisions of said Act continuing said court, the term "mayor's court of the City of Colum bus" shall be construed to mean the recorder's court of Columbus, Georgia; the term "city commission" shall mean the Council of Columbus, Georgia; the term "mayor and council" shall mean Council of Columbus, Georgia; and the term "commissioners" shall mean Coun cil of Columbus, Georgia; and the term "mayor" shall mean mayor of Columbus, Georgia.
Section 5-601. Jurisdiction. The recorder's court shall continue with all the rights, au thority, power and jurisdiction now possessed under all present laws applicable to said court; and in addition thereto, the recorder's court shall be and is hereby empowered and authorized and given jurisdiction to accept pleas of guilty or nolo contendere and to impose punishment and penalties provided by laws of the State of Georgia, but not greater than the penalties and punishment the recorder's court may now or hereafter be authorized to im pose for violations of ordinances, in cases involving defendants charged with violating any and all criminal laws of the State of Georgia relating to traffic upon the public roads, streets and highways of this state; violations of the laws of the State of Georgia contained in Chap ter 6 of Title 40 of the O.C.G.A., as now amended and as hereafter amended by the State of Georgia; violations of the laws of the State of Georgia requiring the registration and licens ing of motor vehicles as required by Chapter 2 of Title 40 of the O.C.G.A., as now amended and as hereafter amended by the State of Georgia; and violations of laws of the State of Georgia relating to motor vehicle drivers' licenses as contained in Chapter 5 of Title 40 of the O.C.G.A., as now amended and as hereafter amended by the State of Georgia and all other state laws relating to motor vehicle drivers' licenses; where the penalty for these offenses does not exceed that of the grade of misdemeanors, where a preliminary hearing is waived in writing by the accused and a plea of guilty or nolo contendere is entered by the accused in writing. The jurisdiction and powers of the recorder's court shall extend through out the territory of the consolidated government.

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Section 5-602. Appeal bond; trial de novo. Any person or persons found guilty by the recorder upon a plea of not guilty, when charged in violation of an ordinance of the consoli dated government, shall have the right of appeal to the city court from the recorder's court in the same manner and under the same procedure as now prescribed by law for such appeals.
Section 5-603. Appointment of recorders and recorders pro tern. On October 5, 1971, any incumbent recorders and recorders pro tern, who were serving as recorders or recorders pro tern, in the former City of Columbus shall continue to serve in that office for a term of four years. Any incumbent recorders or recorders pro tern, shall be eligible for reappointment by the Council of the consolidated government upon the expiration of such term. The Council shall be authorized to appoint such recorders or recorders pro tern, for a term of four years, as they deem necessary to efficiently conduct the duties of the recorder's court.
Section 5-604. Term; qualification; compensation. The term of office of recorders and recorders pro tern, shall be four years and until a successor is appointed and qualified. A recorder or recorder pro tern, shall be not less than 30 years of age, an active member of the State Bar of Georgia in good standing, a resident of the territory of the consolidated govern ment, and shall have practiced law for a period of not less than five years prior to the commencement of the duties of office. Compensation of the recorders and recorders pro tern, shall be fixed by the Council.
Section 5-605. Rules; procedures; personnel. The council shall, by ordinance, fix rules and regulations governing the time, place, and number of sessions of the court. The court shall have a clerk and one or more clerks pro tempore who shall prepare the court dockets, maintain all court records, and serve as the court's chief administrative officer.
ARTICLE VI
ELECTION AND RECALL
Chapter 1. Representation: General Provisions
Section 6-100. Regular elections; time for holding voting.
(1) The regular election of the consolidated government shall be held on the Tuesday next following the first Monday in November in each even-numbered year. Except for spe cial elections to fill vacancies in office, all officers who are required by this charter to be elected shall be elected at the regular election of the consolidated government.
(2) The entire electorate of the consolidated government shall be entitled to vote in the elections for mayor and councilors at large. The mayor and councilors at large shall be resi dents of the consolidated government. Each district councilor shall be a resident of the council district he or she represents and shall be elected only by the voters of the district he or she represents.
Section 6-101. Council districts.
(1) For the purpose of electing the district councilors, the territory of the consolidated government shall be divided into eight council districts as follows:
Council District: 1
MUSCOGEE COUNTY VTD: 0006 WYNNTON VTD: 0007 BRITT VTD: 0008 CARVER (Part) Tract: 0022. Block(s): 311, 312, 313, 314, 315, 316, 317, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 414, 416 Tract: 0028. Block(s): 301, 302, 303, 304, 305, 306, 405, 406, 501, 502, 503, 504, 505, 506, 601, 602, 603, 604, 801, 802, 803, 805, 806, 808 Tract: 0029.01

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Block(s): 101, 102, 103, 104, 106, 107, 108, 109, 110, 111, 112, 114, 115, 116, 117 VTD: 0009 RIGDON VTD: 0010 DIMON (Part)
Tract: 0029.01 Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 221, 222, 223, 224, 225
Tract: 0107.01 Block(s): 117, 119, 120, 134, 201, 202, 203, 204, 205, 208, 209, 210, 212, 213, 215, 216, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230
Tract: 0107.02 Block(s): 113, 114, 115, 116, 117, 118, 119, 136, 137, 201, 202, 221, 222, 223, 224, 225, 226, 228
Council District: 2
MUSCOGEE COUNTY VTD: 0017 BRITT DAVID VTD: 0018 BLANCHARD (Part) Tract: 0102.02 Block(s): 103, 109, 110, 139, 140, 141, 142, 149 VTD: 0020 MORNINGSIDE (Part) Tract: 0102.02 That part of Block 102 which lies west of New Moon Road VTD: 0031 BEALLWOOD VTD: 0032 DOUBLE CHURCHES VTD: 0033 FORTSON VTD: 0035 32B
Council District: 3
MUSCOGEE COUNTY VTD: 0003 EDDY (Part) Tract: 0031. Block(s): 101, 105, 106, 107, 110, 111, 202, 203, 206, 207, 208, 209 Tract: 0034. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 201, 202, 203, 204, 205, 206, 207, 208, 301, 302, 303, 304, 305, 306, 307, 308, 401, 402, 403, 404, 405, 406, 407, 408, 409 Tract: 0109. Block(s): 901 VTD: 0004 BAKER VTD: 0005 SAINT MARY S (Part) Tract: 0029.02 Block(s): 102, 103, 104, 105, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 120C, 121, 124, 128A, 128B, 130B, 130C, 131 Tract: 0107.03 Block(s): 124, 125, 201B, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 218 VTD: 0008 CARVER (Part) Tract: 0028. Block(s): 401, 402, 403, 404, 407, 408 Tract: 0029.02 Block(s): 101 VTD: 0010 DIMON (Part) Tract: 0029.01 Block(s): 212, 213, 214, 215, 216, 217, 218, 219, 220, 227, 229 Tract: 0107.02 Block(s): 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 227, 229, 230

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Council District: 4
MUSCOGEE COUNTY VTD: 0005 SAINT MARY S (Part) Tract: 0107.03 Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 219 VTD: 0011 DAWSON VTD: 0012 WESLEY HEIGHTS VTD: 0013 REGENCY HEIGHTS
Council District: 5
MUSCOGEE COUNTY VTD: 0014 ROTHSCHILD VTD: 0015 EDGEWOOD VTD: 0016 GENTIAN VTD: 0019 REESE ROAD VTD: 0027 CLUBVIEW (Part) Tract: 0011. Block(s): 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 126, 127, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 301, 303, 304, 318, 319, 320, 321, 322
Council District: 6
MUSCOGEE COUNTY VTD: 0018 BLANCHARD (Part) Tract: 0104.01 Block(s): 101 That part of Block 102 which lies east of New Moon Road Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 112, 115, 116, 117, 118, 119, 120, 121 VTD: 0020 MORNINGSIDE (Part) Tract: 0102.02 Block(s): 101, 102, 104, 105, 106, 107, 108, 111, 112, 113, 117, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 131, 133, 134, 135, 137, 144, 145, 147, 148, 150, 151, 152, 153, 301, 318 Tract: 0104.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 127, 201, 202, 203, 204, 902 VTD: 0021 MIDLAND VTD: 0022 UPATOI VTD: 0034 21A
Council District: 7
MUSCOGEE COUNTY VTD: 0001 COURTHOUSE VTD: 0002 NORTH LUMPKIN VTD: 0003 EDDY (Part) Tract: 0031. Block(s): 102, 103, 104, 108, 109, 112, 113, 201, 204, 205, 210, 211, 212, 213, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 415, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 901, 907 Tract: 0109. Block(s): 101, 102, 103, 104, 105, 106, 107, 902, 903, 904, 905, 906, 907, 908, 909, 910, 911, 912 VTD: 0024 NORTH HIGHLAND (Part) Tract: 0015.

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1981

Block(s): 101, 102, 112, 122, 201, 202, 203, 310 Tract: 0016.
Block(s): 101, 108, 111, 113, 123, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 304, 305, 310, 311, 312, 313, 404, 405, 406, 409, 410, 412, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 601, 602, 603, 604, 606, 615
VTD: 0025 EAST HIGHLAND (Part) Tract: 0013. Block(s): 206, 207, 208 Tract: 0014. Block(s): 301, 302, 303, 304, 305, 307, 309, 310, 311, 312, 313, 401, 402, 403, 404, 405 Tract: 0015. Block(s): 103, 110, 111, 113, 114, 115, 117, 118, 120, 121, 123, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 301, 302, 303, 304, 305, 306, 307, 308, 309, 312, 313, 314, 315, 316, 317, 323, 324 Tract: 0018. Block(s): 101, 115, 405, 406, 409, 410, 414
VTD: 0026 SAINT ELMO (Part) Tract: 0013. Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 201, 202, 203, 204, 205, 209 Tract: 0018. Block(s): 105
Council District: 8
MUSCOGEE COUNTY VTD: 0023 WOOD VTD: 0024 NORTH HIGHLAND (Part) Tract: 0005. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 201, 202, 203, 204, 205, 207, 208, 209, 210, 213, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314 Tract: 0006. Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 118, 119, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218 Tract: 0016. Block(s): 102, 103, 104, 105, 106, 109, 110, 301, 302, 303, 306, 307, 308, 309, 401, 402, 403, 407, 408, 411, 414 Tract: 0110. Block(s): 119B, 122 VTD: 0025 EAST HIGHLAND (Part) Tract: 0008. Block(s): 202, 203, 204, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321 Tract: 0014. Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 406, 407, 408, 409, 410, 411, 412, 413, 414 Tract: 0015. Block(s): 104, 105, 106, 107, 108, 109, 124, 125 Tract: 0018. Block(s): 102, 103, 104, 107, 108, 109, 110, 111, 112, 202, 403, 404, 407, 408, 411, 412, 413 VTD: 0026 SAINT ELMO (Part) Tract: 0012. Block(s): 101, 102, 103, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116,

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117, 118, 119, 121, 122, 123, 133, 201, 203, 204, 205, 206, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219 Tract: 0013. Block(s): 101, 210 Tract: 0018. Block(s): 106, 113, 114, 201 Tract: 0019. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 132 VTD: 0027 CLUBVIEW (Part) Tract: 0011. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 302, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317 VTD: 0028 BIBB CITY VTD: 0029 JOHNSON VTD: 0030 ARNOLD
(2) For the purposes of this section:
(a) 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;
(b) The term "Precinct" is synonymous with the term "voting precinct" and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
(c) Precinct names and designations following VTD designations are included for con venience only; and in the event the description of any council 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;
(d) Any part of the consolidated government which is not included in any council dis trict described in this section shall be included within that council district contiguous to such part which contains the least population according to the United States decennial cen sus of 1990 for the State of Georgia; and
(e) Any part of the consolidated government which is described in this section as being included in a particular council district shall nevertheless not be included within such coun cil district if such part is not contiguous to such council district. Such noncontiguous part shall instead be included within that council district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia.
(3) (a) At the regular election of 1994, the mayor shall be elected and the members shall be elected to the council from Council Districts 1, 3, 5, and 7 and the at-large member shall be elected to Post 9. From the commencement of their terms of office as provided in subsec tion (2) of Section 3-100 and until the expiration of the terms of members elected to the council in 1992, the council shall consist of the five members elected at the 1994 regular election as provided in this paragraph and the five members elected to the council in 1992 or any successor to such a member who is filing a vacancy for an unexpired term.
(b) At the regular election in 1996, members shall be elected to the council from Coun cil Districts 2, 4, 6, and 8 and the at-large member shall be elected to Post 10. From the commencement of their terms of office as provided in subsection (2) of Section 3-100 and thereafter, the council shall consist of eight district councilors and two councilors at large.
(c) The mayor and the members elected to the council as provided for in paragraphs (a) and (b) of this subsection and their respective successors shall be elected at the general election held immediately preceding the expiration of their respective terms of office.

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Section 6-102. Reapportionment of council districts.
(1) The grand jury shall, after each official United States decennial census, nominate four qualified voters from each of the eight council districts as nominees to comprise a dis tricting commission. The mayor and the Council shall each appoint one member of the dis tricting commission from the nominees submitted by the grand jury for each council dis trict. The voters chosen shall neither hold any elective office nor be employed by the consolidated government in any capacity. In the event of vacancy in office of a member of the commission for any cause, the vacancy shall be filled in the manner for original appoint ment. The Judge of Probate Court shall be an ex officio member of the districting commis sion, with the same voting rights, privileges and duties as other members thereof.
(2) Within six months after the publication of each federal census of population of Co lumbus, Georgia, the districting commission shall file with the Council a report containing a recommended plan for reapportionment of the council district boundaries to comply with the following specifications:
(a) Each district shall be formed of contiguous, and to the extent reasonably possible, compact territory, and its boundary lines shall be the center lines of streets or other welldefined boundaries; and
(b) Each district shall contain as nearly as is reasonable the same population.
The report shall include a map and description of the districts recommended and shall be drafted as a proposed ordinance. Once filed with the clerk, the report shall be treated as an ordinance introduced by a Council member.
(3) The procedure for the Council's consideration of the report shall be the same as for other ordinances, provided that the provisions of Section 3-206 of this Charter pertaining to publications shall require both the map and the description of the recommended districts to be published.
(4) The Council shall enact a redistricting ordinance within six months after receiving such report. If the Council fails to enact a redistricting ordinance with said six months, the redistricting plan submitted by the districting commission shall become eifective without enactment by the Council, as if it were a duly enacted ordinance.
(5) Such redistricting ordinance shall not apply to any primary or regular or special election held within six months after its becoming effective. No incumbent councilor or member of the board or commission shall be deprived of his or her unexpired term of office because of such redistricting.
Chapter 2. Conduct of Elections
Section 6-200. Applicability of general laws. Except as otherwise provided by this char ter, regular and special primaries and elections shall be conducted in accordance with provi sions of Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as amended. As used in said Code, the terms "election" and "general election" shall be construed to include the term "regular election" as provided in Section 6-100 of this charter; the term "governing authority" shall include the Council of Columbus, Georgia; the terms "municipal," "munici pality," or "county" shall include Columbus, Georgia; the term "public office" shall include elective offices of the consolidated government.
Section 6-201. Special elections. In the event the office of mayor or councilor shall be come vacant for any cause whatsoever, then such vacancy shall be filled in the manner pro vided for in this section. If a vacancy occurs within one and one-half years after the date of a regular election for the office of mayor or councilor, then the board of elections shall, within ten days after the occurrence of such vacancy, call a special election to fill the bal ance of the unexpired term of such office by giving notice in one or more newspapers of general circulation in Columbus, Georgia. If vacancy occurs more than one and one-half years after the date of a regular election for the office of mayor or councilor, then a person shall be appointed by a majority vote of the total membership of the council to serve until a

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successor is elected and qualified at a special election held concurrently with the next regu lar election for the office of mayor or councilor. The successor elected at such special elec tion shall serve the remainder of the unexpired term of such office. The special election required herein shall be held on the date specified in the advertisement, but not less than 30 days nor more than 45 days after the publication of the call of the election. In all other respects, every special election shall be held and conducted in accordance with those provi sions of the applicable laws of Georgia as provided in Section 6-200 of this Charter.
Section 6-202. Automatic recount. Whenever the difference between the number of votes received by a candidate who has been declared elected to an office in a regular or special election and the number of votes received by any other candidate or candidates not declared so elected shall be not more than 1 percent of the total votes which were cast for such office therein, the board of elections shall order a recount of such votes to be made forthwith unless such other candidate or candidates shall waive a recount in writing.
Chapter 3. Recall Elections. Reserved.
Chapter 4. Initiative and Referendum
Section 6-400. Petition for enactment; circulation; etc.
(1) Any proposed ordinances, including ordinances for the repeal or amendment of any ordinance then in effect, may be submitted to the Council by petition signed by at least 5 percent of the total number of registered voters in the consolidated government as shown by the official registration list filed for the regular election of councilors last held. All petitions circulated with respect to any proposed ordinance shall be uniform in character, shall con tain the proposed ordinance in full, and shall have printed or written thereon the names and addresses of at least five qualified voters who shall be officially regarded as filing the peti tion and shall constitute a committee of the petitioners for the purpose hereinafter named. Each signer of a petition shall sign his or her name in ink or indelible pencil and shall place on the petition opposite his or her name the date of his or her signature and his or her place of residence by street and number. The signatures of any such petition need not all be appended to one paper, but to each paper there shall be attached an affidavit by the circula tor thereof stating the number of signers to such part of the petition and that each signature appended to the paper is the genuine signature of the person whose name it purports to be and that it was made in the presence of the affiant on the date indicated.
(2) All papers comprising a petition shall be assembled and filed with the clerk as one instrument within 60 days from the date of the first signature thereon; and when so filed, the clerk shall submit the same to the Council at its next regular meeting and provisions shall be made for public hearings upon the proposed ordinance.
(3) The Council shall at once proceed to consider such petition and shall take final action thereon within 30 days from the date of submission. If the Council rejects the pro posed ordinance, or passes it in a different form from that set forth in the petition, or fails to act finally upon it within the time stated, then, if within five days thereafter the commit tee of the petitioners files with the clerk written demand so to do, the clerk shall at once upon the expiration of said five days cause three printed or typewritten copies of such peti tion, without the signatures, to be made. The clerk shall cause said three copies of such petition to be placed on file in the clerk's office, and provide facilities for their signing the same, and shall immediately cause notice of the placing of such copies of such petition to be published in some newspaper of general circulation in Columbus, Georgia. Such copies shall remain on file in the office of the clerk for a period of 20 days, during which time any of them may be signed by a qualified voter of the consolidated government in person, but not by agent or attorney. Each signer of any such copy shall sign his or her name in ink or indelible pencil and shall place thereafter his or her residence by street and number. If during said time qualified voters equal to or exceeding 25 percent of the qualified voters in the consolidated government as shown by the official registration list filed for the regular election of councilors last held shall sign such copies of said petition, the clerk shall forth with certify such fact to the Council.

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(4) If an election is to be held not more than three months nor less than 30 days after the aforesaid certification by the clerk, such proposed ordinance shall be submitted to a vote of the qualified voters at such election. If no election is to be held within the time aforesaid, the Council shall provide for submitting the proposed ordinance to the qualified voters at a special election to be held not later than 60 days nor earlier than 30 days after the publica tion of such notice on a date authorized under Code Section 21-2-540 of the O.C.G.A., if the petition for such ordinances and the petition for such election so demand, and if the signers of the said copies of said petition amount in the aggregate to at least 30 percent of the registered voters of the consolidated government; otherwise the same shall be submitted at the next regular or special election. At least ten days before any such election the clerk shall cause such proposed ordinance to be published.
(5) The ballots used when voting upon any such proposed ordinance shall state the title of the ordinance to be voted on and below it the two propositions, "For the Ordinance" and "Against the Ordinance," and those voting against the ordinance shall draw a mark through the words "For the Ordinance". If a majority of the qualified voters voting on any such proposed ordinance shall vote in favor thereof, it shall thereupon become an ordinance of the consolidated government.
Section 6-401. Approval of ordinance form; drafting. Before any ordinance so proposed shall be submitted to the Council, it shall first be approved as to its form and legal validity by the city attorney, whose duty it shall be to draft such proposed ordinance in the proper legal language and to render such other service to persons desiring to propose such ordi nances as shall be necessary to make the same proper for consideration of the Council.
Section 6-402. Effect; manner of repealing. No ordinance adopted by an electoral vote as hereinbefore provided can be repealed or amended except by an electoral vote. But an ordinance to repeal or amend any such ordinances may, by resolution of the Council, be submitted to an electoral vote at any regular election, or at any special election called for some other purpose, provided notice of the intention so to do be published by the Council not more than 60 days nor less than 30 days prior to such election. If an amendment is proposed such notice shall contain the proposed amendment in full. Such submission shall be in the same manner and the vote shall have the same effect as in cases of ordinances submitted to an election by popular petition.
Section 6-403. Repeal by referendum; petition; contents; filing.
(1) If, at any time within 30 days after an ordinance passed by the Council becomes law, an unsigned petition requesting that such ordinance be repealed or amended as stated in the petition is filed with the clerk, and said petition after the filing of the same and within said 30 days, is signed by qualified voters amounting to or exceeding 25 percent of the quali fied voters as shown by the official registration list filed for the regular election of councilors last held, the clerk shall thereupon certify said fact to the Council, and the ordinance shall no longer be operative until the steps indicated herein have been taken. Such petition shall have stated therein the names and addresses of at least five qualified voters as a committee to represent the petitioners. Referendum petitions need not contain the text of the ordi nance or ordinances the repeal of which is sought, but shall contain the proposed amend ment, if an amendment is demanded, and shall be subject in all other respects to the re quirements for petitions submitting proposed ordinances to the Council. Ballots used in referendum elections shall conform in all respects to those provided for in Section 6-400 (5) herein.
(2) At the next meeting of the Council after said certification by the clerk, the Council shall proceed to reconsider the ordinance. If within 30 days after the date of such certifica tion by the clerk, the ordinance is not repealed or amended as requested, the Council shall provide for submitting the proposed repeal or amendment to a vote of the qualified voters, provided a majority of the committee named in the petition to represent the petitioners shall, by writing filed with the clerk within 20 days after the expiration of said 30 days, so required. In so doing the Council shall be governed by the provisions of Section 6-400 (4) herein respecting the time of submission and the manner of voting on ordinances proposed

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to the Council by petition. If, when submitted to a vote of the qualified voters, such repeal or amendment is approved by a majority of those voting thereon, it shall thereupon go into effect as an ordinance of the consolidated government; but if any such amendment is clearly separable from the remainder of the ordinance and does not materially affect the other pro visions of such ordinance, all sections of the ordinance except that sought to be amended and those dependent thereon shall be in effect as though no referendum of any portion of the ordinance had been contemplated; or if any such amendment or repeal of the ordinance is not approved by a majority of those voting therein, then the ordinance passed by the Council shall at once take effect.
(3) Ordinances submitted to the Council by initiative petition and passed by the Coun cil without change or passed in an amended form and not required to be submitted to a vote of the qualified voters by the committee of the petitioners shall be subject to the referen dum in the same manner as other ordinances. If the provisions of two or more ordinances adopted or approved at the same election conflict, the ordinance receiving the highest af firmative vote shall prevail.
Section 6-404. Expenditure measures; action before election. In case a petition be filed requiring that a measure passed by the Council providing for an expenditure of money, a bond issue, or a public improvement be submitted to a vote of the qualified voters, all steps preliminary to such actual expenditures, actual issue of bonds, or actual execution of con tract for such improvement may be taken prior to the election.
Chapter 5. Removal of Mayor or Councilor
Section 6-500. Grounds of removal. The mayor or any councilor shall be subject to re moval from any office for any one or more of the following causes:
(a) Incompetence, misfeasance or malfeasance in office;
(b) Conviction of a crime involving moral turpitude or a crime punishable as a felony;
(c) Failure at any time to possess any of the qualifications of office as provided by this Charter or by law;
(d) Violation of the Code of Ethics and Prohibited Practices provided in Appendix Two hereof which is hereby made a part of this Charter;
(e) Abandonment of office or neglect to perform the duties thereof; or
(f) Failure for any other cause to perform the duties of office as required by this Charter or by law.
Section 6-501. Procedure for removal. Removal of an elected officer provided for in this Chapter from office may be accomplished by one of the following methods:
(a) By affirmative vote of eight members of the Council. In the event an elected officer is sought to be removed by the action of the Council, such officer shall be first entitled to a written notice specifying the grounds for removal and to a public hearing which shall be held not less than 30 days after the service of such written notice. Any elected officer sought to be removed from office as herein provided shall have the right of appeal form the decision of the Council to the superior court for a jury trial de novo. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or
(b) By an information filed in the superior court as authorized by Code Section 9-6-64 of the O.C.G.A., as amended.
ARTICLE VII
REVENUE AND FINANCIAL ADMINISTRATION
Chapter 1. Revenue and Appropriations
Section 7-100. Levy and collection of taxes; appropriations.
(1) The Council shall have full power and authority to levy and collect taxes, license fees or other charges and to appropriate funds for any and all purposes and upon any and

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all subjects of taxation, license fees and other charges for which the City of Columbus or Muscogee County has previously been authorized to levy and collect taxes, license fees and other charges and to so appropriate funds for any and all purposes under the Constitution and laws of the State of Georgia, under any present general or special law of the State of Georgia specifically applicable to the City of Columbus or Muscogee County, or under any general law or any special law specifically applicable to the consolidated government which may be hereafter enacted, as well as the power to levy and collect taxes, license fees and other charges and appropriate funds for any of the powers, duties, obligations, liabilities and functions specified in this Charter.
(2) In addition thereto, the Council shall have full power and authority to assess, charge, and collect rentals, interests, fees, penalties, fines, and costs; to assess and collect fees, charges and tolls for sewer and water services under such rules and regulations as pre scribed by ordinance; to levy and collect the garbage, trash, refuse and rubbish collection service charges and sanitary taxes under such rules and regulations as prescribed by ordi nance; to collect income on investments and to accept funds, services or property from other political subdivisions and public agencies, either local, state or national, and from private persons, firms or corporations.
Section 7-101. Tax and service districts; taxation therein.
(1) The general services district as defined and authorized in Article I, Section 1-103(2) of this Charter shall constitute a general services tax district wherein the Council shall levy and collect taxes and shall appropriate money to perform and discharge those powers, func tions and services provided therein by the consolidated government.
(2) The urban services district as authorized in Article I, Section 1-103(2) of this Char ter together with any enlargement or modification thereof pursuant to the provisions of this Charter, and any additional urban services districts as established or modified by ordinance of the Council shall constitute urban services tax districts wherein the Council may levy and collect additional taxes and may appropriate additional money therefrom to perform and discharge those additional powers, functions and additional services provided therein by the consolidated government.
(3) The assessment of real and personal property for ad valorem tax purposes shall be upon a uniform basis throughout the entire area of the consolidated government; provided, however, the rate and manner of additional taxation in urban services districts may vary in any urban services tax district from that in another or other urban services tax districts in such a way as to reasonably reflect the kind, character, type, degree and level of services afforded to such urban services taxing district or districts.
Section 7-102. Millage limitation.
(1) As used in this section, the term "ordinary current expenses" means all current expenses, excepting only expenditures for education, for paving or macadamizing streets, and for payment of the principal and interest of the public debt, which shall be known as extraordinary expenses.
(2) For the purpose of paying the ordinary current expenses of the consolidated govern ment, the Council is hereby empowered and authorized to levy and collect an ad valorem tax upon all property within said government subject to taxation, not to exceed 18 mills upon the assessed value of said property for the year 1971, and 18 mills upon the assessed value of said property for each year thereafter; provided, however, that this limitation shall not be deemed to apply to an additional ad valorem tax for hospital purposes as authorized by an Act of the General Assembly, approved February 17, 1949, (Ga. L. 1949, p. 801), as now or hereafter amended, nor to any tax to which such limitation is not applicable under the law. In the event that a local option sales and use tax is enacted by the Council of Columbus, Georgia, said 18 mills limitation shall be reduced to nine mills for the year fol lowing the initial year in which the sales and use tax is enacted and for each year thereafter.
Section 7-103. Homestead exemptions.

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(1) The homestead exemptions provided under the Constitution and laws of Georgia presently in force or as hereafter amended shall be applicable to all such property subject to ad valorem taxes within the territory of the consolidated government as defined in Article I, Section 1-102 of this Charter; provided, however, that such homestead exemptions (except for person 65 years of age or older) shall not apply to taxes levied for the retirement of bonds or for the support of the Muscogee County School District.
(2) The exemptions authorized by this section include the individual citizen homestead exemption, the disabled veteran homestead exemption, the homestead exemption applying to persons 65 years of age or older and any other homestead and personal property exemp tions as now or hereafter authorized by the Georgia Constitution.
Chapter 2. Borrowing and Indebtedness
Section 7-200. Issuance of general obligation bonds.
(1) The council shall be authorized to issue and sell general obligation bonds under the provisions of the general laws of the state for any public purpose for the benefit of the consolidated government or any tax district or services district thereof; provided, however, that for the purpose of issuing and selling such general obligation bonds, the consolidated government shall be deemed a county and the provisions of the Constitution and laws of the State of Georgia governing the limitations, terms and procedures for the issuance and sale of bonds by counties shall apply to the consolidated government unless otherwise provided by this Charter.
(2) All general obligation bonds shall be issued in the name of Columbus, Georgia, and shall be an obligation thereof, and the full faith and credit of the consolidated government shall be pledged for all general obligation bonds issued thereunder which are payable from ad valorem taxes. Anything herein to the contrary notwithstanding, the Council shall have the authority to levy and collect ad valorem taxes without limit as to rate or amount on all taxable property within the territorial limits of the consolidated government.
Section 7-201. Debt limitation; general obligation bonds. The total general obligation bond indebtedness of the consolidated government payable from ad valorem taxes (includ ing all outstanding general obligation bonds of the former City of Columbus and Muscogee County on October 5, 1971, shall not exceed 10 percent of the assessed value of all taxable property within the territorial limits of the consolidated government.
Section 7-202. Revenue bonds. The Council is hereby empowered and authorized to issue revenue bonds for the purposes and in the manner now or hereafter provided by Chap ter 82 of Title 36 of the O.C.G.A., as now or hereafter amended.
Section 7-203. Use of bond proceeds. All revenue derived by the consolidated govern ment from the issuance and sale of bonds shall be used exclusively for the purposes for which such bonds were issued, and all ad valorem taxes collected for the purpose of servic ing or retiring such bonds shall be used exclusively for the payment of principal and interest thereof.
Section 7-204. Allocation of indebtedness.
(1) The Council shall establish a debt service fund for the general services district and a debt service fund for each urban services district created by the Council pursuant to Section 1-103 of this Charter for the amortization of general obligation bonds issued for the benefit thereof, including bonds issued prior to October 5, 1971, by the County of Muscogee and the City of Columbus which have been allocated to such districts under the provisions of this section. Such debt service funds shall consist of the cash and securities in the debt service funds for bonds issued by the County of Muscogee and the City of Columbus prior to Octo ber 5, 1971, and such funds hereinafter required to be paid into such funds and the interest earned on the investment thereof. The debt service funds for the bonds heretofore issued by the County of Muscogee and the City of Columbus shall be transferred to the debt service fund of the district to which such bonds are allocated by this section. Nothing contained herein, however, shall affect any debt service funds for any revenue bonds or other bonds

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which are required by the proceedings which authorized such bonds to be maintained as separate and segregated debt service funds for such bonds, and such sinking funds shall be transferred to the consolidated government and segregated and maintained in the manner provided in the proceedings which authorized the issuance of such bonds.
(2) All such debt service funds shall be invested in accordance with the applicable pro visions of the Constitution and laws of Georgia governing investment of sinking funds of municipalities and counties.
(3) The annual tax levy ordinances for the general services district and the urban ser vices districts shall provide, in addition to all other taxes assessed therein, a tax levy suffi cient to pay the principal and interest charges on all outstanding general obligation bonds due or to be paid in the ensuing fiscal year.
(4) All moneys paid into any debt service fund shall be used exclusively for the purchase, retirement or payment of the outstanding bonds for which such debt service funds are created and maintained, and the treasurer shall keep a record of all receipts and dis bursements of the debt service funds.
Section 7-205. Other indebtedness. The Council is hereby empowered and authorized to incur other and additional indebtedness in accordance with the provisions of the Constitu tion and laws of Georgia relating to temporary loans to meet casual deficiencies of revenue, additional debt, and temporary loans payable within the year, and related matters.
Section 7-206. Street improvements. Nothing in this Charter shall be construed as af fecting the power of the Council to issue bonds for street improvements and otherwise exer cise the rights, powers and procedures set forth in an Act approved August 9, 1929 (Ga. L. 1929, p. 979).
Chapter 3. Property Tax Administration
Section 7-300. Assessing and collecting property taxes.
(1) The assessment and collection of property taxes by the consolidated government shall be as provided by state law.
(2) The Council shall provide by ordinance when taxes levied and imposed by the con solidated government shall become due and payable and when the same shall become delin quent. The Council by ordinance may authorize the payment of taxes due the government in installments, at the option of the taxpayer, and when and how and upon what terms such installments shall be due and payable. The Council may also authorize the payment of taxes prior to the time when due.
(3) The Council shall provide by ordinance for the manner and method of collecting delinquent taxes due the consolidated government.
Chapter 4. Budgeting
Section 7-400. Fiscal year. The fiscal year of the consolidated government shall begin on the first day of July of each year and shall end on the thirtieth day of June next following. Said fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department or institution, agency and activity of the consolidated government, unless otherwise provided by state or federal law.
Section 7-401. Budget preparation and adoption.
(1) The Council shall prescribe by ordinance the procedures and requirements for the preparation, adoption and execution of an annual operating budget, a capital improvement program and a capital budget. Such ordinance shall require the use of program budgeting by the consolidated government.
(2) A proposed annual operating and capital budget for the ensuing fiscal year shall be prepared by the city manager to be submitted by the mayor to the Council on or before a date fixed by ordinance, but not less than 60 days prior to the beginning of the fiscal year.

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Such budgets shall be accompanied by a budget message from the mayor containing expla nations of general fiscal policies, explanations of major changes recommended for the next fiscal year, a general summary of the budgets and other information deemed appropriate. Copies of the annual operating and capital budgets shall be filed in the office of the clerk of Council and shall be open to public inspection. A summary of the proposed annual operat ing and capital budgets shall be published in one or more newspapers of general circulation within the consolidated government.
(3) The annual operating and capital budgets shall consist of two parts. Part I of the annual operating and capital budgets shall set forth in detail the revenue, expenditure and program information for those services, functions and capital improvement projects apper taining to the general services district. Part II of the annual operating and capital budgets shall set forth in detail the revenue, expenditure and program information for those ser vices, functions and capital improvements appertaining only to urban services districts. Said Part II of the annual operating and capital budgets shall contain a separate section for each urban services district established pursuant to this Charter and by ordinance of the Council in order to reflect in detail the revenue, expenditure and program information for those additional services, functions and capital improvement projects rendered and furnished by the consolidated government in each of its urban services districts.
(4) Each of the above-described sections of the annual operating budget shall contain with respect to each of the operating funds of the consolidated government to which they are applicable:
(a) An estimate of the unencumbered fund balance or deficit at the beginning of the ensuing fiscal year and the amount of reserves for designated purposes or activities includable in the operating budget;
(b) A reasonable estimate of cash revenues to be received during the ensuing fiscal year, classified according to source, including a reasonable reserve for contingencies;
(c) Proposed expenditures detailed by each department, board, commission, office, agency and activity in accordance with an established classification of accounts, including those capital outlays which are to be financed from the revenues of the ensuing year, and including all debt service requirements in full for such fiscal year payable from such funds;
(d) Work programs and performance data in justification of proposed expenditures for each department, board, commission, office, or agency; and
(e) Such other information as may be considered necessary or desired by the Council.
(5) In no event shall the total proposed expenditures from any fund exceed the total anticipated revenues plus the estimated unappropriated surplus of fund balance and appli cable reserves and less any estimated deficit at the end of the current fiscal year.
(6) The capital program shall embrace all physical public improvements and any pre liminary studies and surveys relative thereto, the acquisition of property of a permanent nature, and the purchase of equipment for any public improvement when first erected or acquired that are to be financed, in whole or in part, from funds subject to control or appro priation by the Council. It shall show the capital expenditures which are planned for each of the six ensuing fiscal years. For each separate purpose, project, facility, or other property there shall be shown the amount, if any, and the source of the money that has been spent, encumbered, or is intended to be spent or encumbered, prior to the beginning of the ensuing fiscal year and also the amounts and the sources of the money that are intended to be spent during each of the ensuing six years.
Section 7-402. Consideration and adoption of budgets by Council.
(1) The Council shall, upon receipt of the proposed budgets, schedule and hold one or more public hearings thereon, notice of which shall be published in a newspaper of general circulation in Columbus, Georgia, at least seven days prior to the date set for such public hearing or hearings. The hearings may be adjourned from time to time.

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(2) The Council may amend the proposed operating budget, except that the budget as finally amended and adopted must provide for all expenditures required by law or by other provisions of this Charter and for all debt service requirements for the ensuing fiscal year, and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues constituting the fund availability of such fund.
(3) The Council shall adopt the final annual operating budget for the ensuing fiscal year not later than the thirtieth day of June of each year and such budget shall be effective for the fiscal year beginning on July 1. In the event the Council fails to adopt the budget by this date, the amounts appropriated for current operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items pro rated accordingly until such time as the Council shall adopt a budget for the ensuing fiscal year. Adoption of the annual operating budget shall take the form of an appropriation ordi nance setting out estimated revenues in detail by source and making appropriations accord ing to fund by organizational unit, purpose or activity as set forth in the budget document.
(4) The amount set out in the adopted operating budget for each organizational unit, purpose, or activity shall constitute the annual appropriation for such item, and no expendi ture shall be made or encumbrance created in excess of the otherwise unencumbered bal ance of the appropriation, or allotment thereof, to which it is chargeable.
(5) The Council may delete projects from the capital program as submitted to it, but it shall not otherwise amend the capital program until it has requested through the mayor the recommendations of the department of community development. The Council shall not be bound by such recommendations and may act without them if they are not received within 30 days from the date they were requested. The Council shall adopt by ordinance the capi tal improvement program and capital budget for the ensuing fiscal year not later than the thirtieth day of June of each year. The capital budget ordinance shall show in detail the capital expenditures intended to be made or incurred in the ensuing fiscal year that are to be financed from funds subject to control or appropriation by the Council and shall be in full conformity with that part of the capital program applicable to the year which it covers. Amounts specified as intended to be spent out of new appropriations shall, upon enactment of the capital budget ordinance, constitute appropriations of such amounts. The Council may amend the capital budget ordinance but no amendment shall be valid which does not conform to the capital improvement program.
Section 7-403. Levy of property tax. As the next order of business following the adop tion of the operating and capital budgets:
(1) The Council shall levy by ordinance a general services district tax on all real and personal property within the general services tax district as provided by this Charter. The tax rate set by such ordinance shall be such that a reasonable estimate of cash revenues from such levy allowing an amount not less than the previous year's delinquent taxes and other uncollectables, shall be at least sufficient, together with other anticipated revenues, fund balances and applicable reserves, to equal the total amount of the annual operating budget for defraying the expenses of the general services district for services to be rendered throughout the entire area of the consolidated government and for such other purposes, functions and services as may be authorized by the laws of the State of Georgia, by this Charter, or by ordinance.
(2) The Council shall levy by ordinance a separate urban services district tax on all real and personal property within each urban services tax district established by this Charter or created by the Council. The tax rates set by such ordinance for each district shall be such that a reasonable estimate of cash revenues from such levy, allowing an amount not less than the previous year's delinquent taxes and other uncollectables, shall be at least suffi cient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount of the annual operating budget for defraying the expenses of the higher level of additional functions and services to be rendered in each such urban services district.

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Section 7-404. Additional appropriations. The Council may make appropriations in ad dition to those contained in the current operating budget or capital budget, at any regular or special meeting called for such purpose.
Section 7-405. Post audit.
(1) The Council shall provide annually for an independent audit of the accounts and other evidences of financial transactions of the consolidated government and of its every office, department, board, authority, commission or agency. The audit shall be made by an accountant or an accounting firm, the members of which have no pecuniary, personal inter est, direct or indirect, in the fiscal affairs of the consolidated government or of its depart ments, offices, boards, commissions or agencies. The designated accountant shall be a certi fied public accountant or, if an accounting firm is employed, the members thereof shall be so certified and thoroughly qualified by training and experience in governmental accounting to perform the audit.
(2) The audit may be conducted on a quarterly or continuing basis and the final report of the annual audit shall be completed as soon as practicable after the close of the fiscal year and in no event later than four months after the close of the fiscal year. The audit report shall be available to the public.
(3) The Council may at any time order an examination or special audit of any office, department, board, commission, or other agency of the consolidated government.
Chapter 5. Procurement and Disposition of Property
Section 7-500. Contracting procedures. The Council shall prescribe by ordinance rules and regulations to be followed in the making of contracts in order to bind the consolidated government. All contracts and all ordinances or resolutions which make or authorize con tracts shall be approved by the city attorney. Except where otherwise provided by law or by ordinance, all contracts of the consolidated government shall be signed by the mayor or by some person designated by him or her with the approval of the Council and shall be authen ticated by the clerk of Council.
Section 7-501. Sale and disposition of property.
(1) The Council shall be authorized to sell any real or personal property owned or held by the consolidated government for governmental or other public purposes under such rules and regulations as the Council may establish; provided, however, any public utility owned by the consolidated government may only be sold when such sale has been approved by a majority vote of the electors of Columbus, Georgia, voting in a regular or in a special elec tion called for such purpose. Except as otherwise provided by this Charter, any sale of real property shall be made only after the receipt of sealed bids and due advertisement of such sale in a newspaper of general circulation in Columbus, Georgia, once a week for a period of two weeks preceding the date at which such sale is to be made. All sales of real property shall be subject to confirmation by the Council.
(2) The Council is empowered to authorize the following transactions:
(a) A transfer of any real or personal property owned by the consolidated government to another governmental entity upon a finding that such transfer is in the public interest;
(b) A sale of any such property to another governmental entity; and
(c) An exchange of such property for property that is owned either privately or by some other governmental entity.
In each such instance, when the property is sold or exchanged or transferred, a statement shall be published in a newspaper of general circulation in Columbus, Georgia, on each Monday of the two weeks which precede the week in which such transaction is to be con cluded. Such statement shall contain a description of the property or properties involved and the prices and estimated values as to each item of property.
(3) The consolidated government may quitclaim any rights it may have in property not

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needed for public purposes, upon a report by the mayor and the adoption of a resolution by the Council finding that the property is not needed for public purposes and that the interest of the consolidated government therein has no appreciable monetary value.
(4) Whenever in opening, extending or widening any street, avenue, alley or public place of Columbus, Georgia, a small parcel or tract of land is cut off and is not needed by the consolidated government, the Council may authorize the execution and delivery in the name of the consolidated government of a deed conveying said cut-off or separate parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights-of-way in said street, avenue, alley or public place or in settlement of any alleged damages sus tained by said abutting or adjoining property owners or for other consideration.
ARTICLE VIII
GENERAL PROVISIONS
Chapter 1. County Officers and Agencies
Section 8-100. Sheriff. The sheriff of Muscogee County in office on October 5, 1971, and his or her successors in office shall be the sheriff of the consolidated government. The sheriff shall serve for the same term and his or her compensation shall be fixed as heretofore pro vided by law. Subsequent elections for sheriff shall be upon the same basis as provided by law for sheriffs generally. The sheriff shall perform the same duties and exercise the same powers as are conferred upon sheriffs generally by the Constitution and laws of Georgia. Nothing in this Charter shall be construed so as to affect the eligibility of the sheriff or sheriffs deputies for membership in the Peace Officers' Annuity and Benefit Fund. In addi tion to the powers and duties conferred upon the sheriff by law, the sheriff of the consoli dated government shall be authorized to maintain a crime prevention unit independent of any such unit or activity maintained or provided by the department of public safety.
Section 8-101. Judge of Probate Court. The Judge of Probate Court of Muscogee County in office on October 5, 1971, and his or her successors in office shall be the Judge of Probate Court of the consolidated government. He or she shall serve for the same term and his or her compensation shall be fixed as heretofore provided by law. Subsequent elections for Judge of Probate Court shall be upon the same basis as provided by law for Judges of Probate Court generally. The Judge of Probate Court shall perform the same duties and exercise the same powers as conferred upon Judges of Probate Court generally by the Con stitution and laws of Georgia.
Section 8-102. Tax commissioner. The tax commissioner of Muscogee County in office on October 5, 1971, and his or her successors in office shall be the tax commissioner of the consolidated government. The tax commissioner's election, term of office and compensation shall be as provided by an Act of the General Assembly of Georgia, approved July 25, 1927 (Ga. L. 1927, p. 638), as amended. The tax commissioner shall collect all ad valorem taxes and all intangible taxes and shall perform the same duties and exercise the same powers as are conferred upon county tax receivers and county tax collectors by the laws of Georgia not in conflict with this Charter and such other or additional duties and powers as may be prescribed by ordinance of the Council.
Section 8-103. Coroner. The office of coroner of Muscogee County shall continue as an office of the consolidated government until such time as it may be discontinued or abolished by the Council in accordance with the provisions of this section, and all laws applicable thereto shall continue in full force and effect until such date. On October 5, 1971, the in cumbent coroner of Muscogee County shall be the coroner of the consolidated government and his or her election, term of office and compensation shall be as provided by law. At any time following the adoption of this Charter, but not less than 12 months prior to the expira tion of the term of office of the then incumbent coroner, the Council shall be authorized by ordinance to provide for the creation and establishment of a medical examiner system in the consolidated government to become effective and operative pon the expiration of such term of office at which time the office of coroner shall stand abolished and all emoluments appertaining thereto shall cease. Such system shall have the power to perform the same

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duties and exercise the same powers as are conferred upon coroners generally by the laws of Georgia. Said ordinance shall specify such other powers, duties and functions as may be required for establishing a medical examiner system within the consolidated government, including the manner of appointment of a chief medical examiner as head of the medical examiner system and provision for offices, facilities, laboratories, personnel and finances.
Section 8-104. County agencies. The grand juries in and for Muscogee County, the Su perior Court for Muscogee County, the City Court of Columbus, the Probate Court, the Municipal Court of Columbus, the Juvenile Court of Muscogee County, the Muscogee County department of public health, and the Muscogee County department of family and children services shall continue to function, unaffected except as redesignated by this Char ter. The personnel of those bodies shall be selected as heretofore selected, and those officials heretofore elected by the people shall hereafter be so elected. Nothing herein contained shall be construed as altering the status of the Muscogee County School District; provided, however, that the Muscogee County school board shall consist of fifteen members who shall be residents of the consolidated government. Such courts, boards, personnel, officers and officials shall continue to occupy the same status with respect to the consolidated govern ment in the same position as previously occupied with respect to Muscogee County. Simi larly, the Council shall succeed to such rights, duties and obligations with regard to such courts, boards, officers, offices and agencies and the employed personnel thereof as hereto fore possessed by either the board of commissioners of Muscogee County or the mayor and city commission of the City of Columbus, or both, specifically including but not limited to any right and authority to name and designate personnel.
Section 8-105. Budgets of county officers and agencies. All elective officers such as the sheriff, tax commissioner, Judge of Probate Court, coroner and other elective officers, and all agencies not under the direct control and jurisdiction of the Council such as the board of health and board of family and children services, which receive appropriations from the Council, shall prior to the commencement of each fiscal year prepare and submit to the city manager annual operating and capital budget requests for the ensuing fiscal year. Such budget requests shall be incorporated into the overall consolidated government budget for submission by the mayor to the Council. The Council shall grant a hearing to any such officer or agency on such proposed budgets.
Chapter 2. Laws Applicable to Consolidated Government
Section 8-200. Application of laws; laws in force.
(1) The general laws of the State of Georgia of a criminal nature shall be applicable to and within the limits of the consolidated government. Except as provided in Chapter 4 of this Article with regard to Charter amendments, the Constitution and general laws of the State of Georgia relating to the jurisdiction, powers, authority, duties, and responsibilities of or otherwise referring to, municipal corporations or counties, or both, which are not in con flict herewith shall be applicable to the consolidated government. General laws of local ap plication through classification by population, not in conflict with this Charter:
(a) Which on October 5, 1971, apply to the City of Columbus and Muscogee County shall be applicable to the consolidated government;
(b) Which apply to the consolidated government, as either a city or a county at the time of their enactment or thereafter shall be effective; but
(c) Which did not apply to the City of Columbus or Muscogee County or the consoli dated government at the time of their enactment
shall not become applicable to the consolidated government except through the adoption of a resolution to that effect by the Council.
(2) In construing the applicability of provisions of the Constitution of Georgia and the

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general laws of the State of Georgia which apply in general terms to either counties or mu nicipalities or both, the following terms as used in such laws shall be construed to include the consolidated government as follows:
(a) "County" shall be construed to include Columbus, Georgia.
(b) "City," "town," "municipal corporation" or "municipality" shall be construed to include Columbus, Georgia.
(c) "Commissioners of roads and revenues" and "board of county commissioners" shall be construed to include the Council of Columbus, Georgia.
(d) "Council," "mayor and council," "aldermen" and "board of aldermen" shall be con strued to include the Council of Columbus, Georgia.
(e) "Chairman of the commissioners of roads and revenues," "chairmen of the board of county commissioners," and "mayor" shall be construed to include the mayor of Columbus, Georgia.
(f) Any other terms and provisions as used in such laws to refer specifically to counties, municipalities, or both and the officers, employees, departments and agencies thereof shall be construed to include Columbus, Georgia, and its officers, employees, departments and agencies.
(3) Local Acts of the State of Georgia which apply specifically to either Muscogee County, the City of Columbus, or both, shall be applicable to the consolidated government. In construing the applicability of local Acts of the State of Georgia which apply specifically to either Muscogee County, the City of Columbus, or both, the following terms as used in such Acts shall be construed to mean the consolidated government as follows:
(a) "Muscogee County," "Town of Columbus" and "City of Columbus" shall be con strued to mean Columbus, Georgia.
(b) "Commissioners of roads and revenues," "board of county commissioners" and "city commission" shall be construed to mean Council of Columbus, Georgia.
(c) "Chairman of the commissioners of roads and revenues," "chairman of the board of county commissioners" and "mayor" shall be construed to mean mayor of Columbus, Georgia.
(d) Any other terms and provisions as used in such Acts to refer specifically to Musco gee County, the City of Columbus, or both and the officers, employees, departments and agencies thereof shall be construed to mean Columbus, Georgia, and its officers, employees, departments and agencies.
(4) In construing the applicability of laws in force to the consolidated government, the following order shall prevail:
(a) The Constitution of the State of Georgia, as amended by a constitutional amend ment ratified at the general election held on November 5, 1968.
(b) An Act of the General Assembly approved April 23, 1969 (Ga. L. 1969, p. 3356).
(c) The general laws of uniform application now in force or hereafter enacted by the General Assembly (as distinguished from general laws of local application through classifica tion by population) applicable to municipal corporations, or counties, or both, not in conflict with this Charter.
(d) Special laws applicable to the former City of Columbus or Muscogee County, or both, not in conflict herewith.
(e) The general laws of local application through classification by population as and to the extent provided in Section 8-200(1) hereof.
(f) This Charter and all ordinances passed pursuant thereto.

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(g) Existing ordinances of the former City of Columbus and existing resolutions of the former County of Muscogee not in conflict with this Charter.
Section 8-201. Limitation of claims and service.
(1) All claims contractual against the consolidated government must be presented within 12 months after they accrue or become payable or the same are claimed, unless held by minors or other persons laboring under disabilities who are allowed 12 months after the removal of such disability.
(2) Service on the consolidated government of any suit, process or order of court shall be served upon the mayor.
Section 8-202. Tort liability. The tort liability, expressly including liability based on a theory of nuisance, of the consolidated government shall be the tort liability applicable to counties. Such tort liability shall be uniform throughout the territorial limits of the consoli dated government.
Section 8-203. Conflict of laws. For purposes of all applicable laws, the consolidated government shall constitute a municipality and a county or both. If a law applicable to municipalities and the same or another law applicable to counties are in conflict, the urban services district shall be considered a municipality and the general services district shall be considered a county.
Section 8-204. Executions. Whenever any tax or special assessment is authorized or em powered to be levied or imposed by this Charter which is required to be collected by the department of finance and such is not paid within the time period specified by the Council and no specific provision is elsewhere provided in this Charter for its collection, then the director of the department of finance shall issue execution in the name of the consolidated government against such person, firm or entity liable therefor or property subject thereto for such sums as may be due with interest at the legal rate from due date, and penalties and costs, and the consolidated government shall have the right to enforce payment of such execution by levy and sale as in the case of county taxes, and the purchaser at such sale shall acquire the same title and rights as a purchaser at a sale for county taxes. Executions issued by the tax commissioner and levy and sale thereunder shall be governed by general law.
Section 8-205. Authority to deal with federal and state agencies. Subject to the provi sions of this Charter, the consolidated government shall have the power and authority to participate in, cooperate in and take all necessary action with respect to any and all projects, programs and undertakings of any nature whatsoever authorized by any statute, rule or regulation of the United States or the State of Georgia, or any federal or state agency or instrumentality, including but not limited to, urban renewal, highways, aviation, aviation terminals, airports, airport facilities, municipal area or regional development, sewers and sewage disposal, public housing, housing for the aged, transportation or mass transit or any phase thereof and ecology and environment or any aspect thereof; to borrow money and issue promissory notes, general obligation bonds or revenue bonds, or a combination thereof, for any such purpose; and to execute mortgages or deeds of trust in favor of any federal agency, secured by property of which the consolidated government is the legal or beneficial or equitable owner, or in favor of any private agency where the loan is guaranteed by a federal agency.
Section 8-206. Federal and state aid.
(1) The consolidated government shall be deemed a county and shall also be deemed an incorporated city or municipality for the purpose of determining its right to receive and for the purpose of receiving state aid or grantsi-in-aid from the State of Georgia or from the United States or from any other agency or instrumentality thereof or from any other source, public or private. The consolidated government shall be entitled to receive and shall receive as state aid or as grants-in-aid from the State of Georgia under any state law or from the United States under any federal law or from any other agency or instrumentality thereof or from any other source, public or private, all funds to which a county is, or may hereafter be,

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entitled and also all funds to which an incorporated city or municipality is, or may hereafter be, entitled and to receive the same without diminution or loss by reason of consolidation of the County of Muscogee and City of Columbus.
(2) The consolidated government shall be authorized to receive and shall receive all funds which Muscogee County is or may hereafter be entitled to receive from state funds made available by appropriations of the General Assembly to be distributed to the several counties to be used exclusively for the construction and maintenance of the public roads as provided by Code Section 48-14-3 of the O.C.G.A., as amended and as specifically set forth in an Act of the General Assembly of Georgia, approved March 8, 1945, (Ga. L. 1945, p. 316), and the provisions of such law shall apply in full force and effect to the consolidated government. The consolidated government shall be authorized to receive and shall receive all state funds which Muscogee County is or may hereafter be entitled to receive as grants to counties appropriated as a part of the highway department appropriation designated as fol lows: "for grants to counties for aid in county road construction and maintenance," as ini tially authorized by an Act of the General Assembly of Georgia, approved February 21,1951 (Ga. L. 1951, p. 428), and hereafter all such Acts providing for grants to counties which are appropriated as a part of the highway department appropriation designation: "for grants to counties for aid in county road construction and maintenance", shall apply in full force and effect to the consolidated government. The consolidated government shall be authorized to receive and shall receive all funds which Muscogee County is or may hereafter be entitled to receive from state funds made available by law and distributed to the governing authorities of counties of this state to be expended for any public purposes as authorized by Article 1 of Chapter 17 of Title 36 of the O.C.G.A., as amended, or by any future laws for the purposes set out in Code Section 36-17-1 of the O.C.G.A., as amended, and the provisions of said article or any future such general law shall apply in full force and effect to the consolidated government.
(3) The consolidated government shall be authorized to receive and shall receive all funds which the City of Columbus is or may hereafter be entitled to receive as grants to certain incorporated municipalities under the provisions of Article 3 of Chapter 40 of Title 36 of the O.C.G.A., as amended, and the provisions of said article, as amended, shall apply in full force and effect to the consolidated government. When state aid or other grants-inaid is distributed to any incorporated municipality on the basis of population which the City of Columbus would hereafter be entitled to receive under any state or federal law following the United States decennial census of 1970 or any future such census, then the total popula tion of the urban services district or districts shall be used in calculating and determining the basis of the distribution of such funds to the consolidated government.
(4) The consolidated government shall be authorized to receive and shall receive all funds which the City of Columbus is or may hereafter be entitled to receive as grants to certain incorporated municipalities to be used for any public purposes under the provisions of Article 2 of Chapter 40 of Title 36 of the O.C.G.A., as amended, and the provisions of said article shall apply in full force and effect in the consolidated government. When state aid or other grants-in-aid is distributed to any incorporated municipality on the basis of popula tion which the City of Columbus would hereafter be entitled to receive under any state or federal law following the United States decennial census of 1970 or any future such census, then the total population of the urban services district or districts shall be used in calculat ing and determining the basis of the distribution of such funds to the consolidated government.
Chapter 3. Pensions and Personnel
Section 8-300. Existing pension rights protected.
(1) Persons who, on October 5, 1971, are employed by any office, department, board, commission or agency of the former City of Columbus shall retain all rights which have accrued to them under the "Employees' Retirement Fund," established pursuant to an Act of the General Assembly of Georgia, approved February 21, 1951 (Ga. L. 1951, p. 2790), as amended. Pending the establishment of a new pension system as hereinafter provided in

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Section 8-301, the consolidated government shall continue in force and effect the said em ployees' retirement fund for city employees covered thereby who are employed by the con solidated government, and the services of such employees shall not be deemed to have been interrupted by the adoption of this Charter.
(2) Persons who, on October 5, 1971, are employed by any office, department, board, commission or agency of the former County of Muscogee shall retain all rights which have accrued to them under the "Muscogee County, Georgia Pension System," established pursu ant to an Act of the General Assembly, approved March 9, 1945 (Ga. L. 1945, p. 1100), as amended. Pending the establishment of a new pension system as hereinafter provided in Section 8-301, the consolidated government shall continue in force and effect the said Mus cogee County, Georgia, pension system for county employees covered thereby who are em ployed by the consolidated government, and the services of such employees shall not be deemed to have been interrupted by the adoption of this Charter.
Section 8-301. Establishment of new pension systems; merging of existing systems. The Council is hereby authorized and empowered to establish and maintain a new pension sys tem or pension systems affecting new employees and such other employees as desired to be covered thereby and to revise, combine and consolidate any pension system in effect on October 5, 1971, and further, is specifically authorized, whenever Social Security provisions are legally available to employees or any group of employees of the consolidated govern ment, to provide for the integration of such Social Security provisions with any existent or new pension systems; provided, however, that in no event shall any revision, combination or consolidation of any existing pension system in effect when this Charter is adopted result in the curtailment or diminishment of any right accrued under any existing pension system to any person heretofore employed by the City of Columbus, Muscogee County, or of any agency of such former governments.
Section 8-302. Merit service.
(1) All positions in the service of the consolidated government shall be in the merit service except the following:
(a) Officers elected by the people and persons appointed to fill vacancies in elective offices;
(b) The members of boards, commissions and authorities;
(c) The city manager, city attorney, director of public safety, recorders and recorders pro tern., clerk of Council, and heads and directors of departments;
(d) Persons temporarily employed in a professional or scientific capacity or to conduct a special inquiry, investigation, examination or installation;
(e) Temporary or part-time employees; and
(f) Such other positions as may be excepted by ordinance of the Council.
(2) All officers and employees in the merit service shall be governed by and subject to the Code of Ethics and Prohibited Practices set forth in Appendix Two hereof, which ap pendix is hereby made a part of this Charter.
Section 8-303. Personnel rules and regulations. The department of administration or other agency designated by ordinance of the Council shall prepare and recommend to the city manager such personnel rules and regulations as may be necessary to carry out the provisions of this Charter with respect to persons in the merit service. When approved by the city manager, such rules and regulations shall be submitted to the mayor who shall propose them to the Council for adoption with such changes as he or she deems desirable. The Council may by ordinance adopt them with or without amendment and may amend the same from time to time. The rules and amendments thereof so adopted shall, to the extent that they are consistent with the terms of this Charter, have the force of law. Among other things, they shall provide for the method of holding competitive examinations; establish ment, maintenance, consolidation and cancellation of eligibility lists for the merit service;

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method of certifying lists for the merit service; method of certifying eligibles for appoint ment in the merit service; administration of the classification plan and pay plan; methods of promotion and application of service ratings thereto; probationary periods of employment; transfers of employees within the classification plan; hours of work, attendance regulations, vacations, sick leave, and other leaves of absence; overtime pay; the order and manner in which layoffs shall be effected; procedure on appeals to the personnel review board from orders of suspension or removal or other disciplinary action; conduct of in-service training programs; and such other matters as may be necessary to provide adequate and systematic handling of the personnel affairs of the consolidated government.
Section 8-304. Classification and pay plan.
(1) The department of administration or other agency designated by ordinance of the Council shall prepare and recommend to the city manager a plan of classification and grad ing for all positions in the classified service according to similarity of authority, duties, and responsibilities. When approved by the city manager such classification plan shall be sub mitted to the mayor, who shall propose it to the Council for adoption with such changes as he or she deems desirable. The Council may adopt the plan by ordinance with or without amendment. Such plan shall take effect when adopted by the Council or on the thirtieth day after it is submitted to the Council if prior thereto the Council has not disapproved it by resolution. Changes in the classification plan may be recommended from time to time in the same manner as herein provided for original adoption of the plan.
(2) The department of administration or other agency designated by ordinance of the Council shall prepare and submit to the city manager a pay plan consisting of a salary range for each class of positions in the classification plan following its adoption. Such pay plan shall provide for regular increments of salary increases within such range to be earned by length of service and satisfactory service ratings. Each such range shall be determined with due regard to the salary ranges for other classes and to the relative difficulty and responsi bility of characteristic duties of positions in the class, the minimum qualification required, the prevailing rate paid for similar employment outside the service of the consolidated gov ernment, and any other factors that may properly be considered to have a bearing upon the fairness or adequacy of the range. The city manager shall submit the pay plan to the mayor who shall propose it to the Council for adoption with such changes as he or she deems desirable and such pay plan shall take effect when adopted by the Council or on the thirti eth day after it is submitted if prior thereto the Council has not disapproved it by resolu tion. The pay plan adopted by the Council shall include a minimum and maximum and such intermediate rates as may be deemed desirable for each class of positions. Amendments to the pay schedule may be recommended from time to time in the same manner as herein provided for original adoption of the plan.
Section 8-305. Residence of employees. Except as otherwise provided in this Charter, the Council shall have the power to provide by ordinance from time to time whether the regular, permanent officers and employees of the consolidated government in the merit ser vice must reside within Columbus, Georgia, during their continuance in such office or employment.
Chapter 4. Amending Charter
Section 8-400. Proposal of amendment. Except as provided in subsection (2) hereof:
(1) This Charter may be modified, rescinded, changed or amended only by the following methods:
(a) An Act of the General Assembly of Georgia;
(b) An ordinance of the Council duly adopted by the affirmative vote of not fewer than six of its members favoring such amendment and ratification thereof by the affirmative vote of a majority of the qualified electors of the consolidated government voting in a referendum election as provided in Section 8-401 hereof;
(c) A petition of 10 percent of the electors qualified to vote in the last preceding regular

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election for offices of the mayor and councilors filed with the clerk of the Council and ratifi cation thereof by the affirmative vote of a majority of the qualified electors of the consoli dated government voting in a referendum election as provided in Section 8-401 hereof. Any petition filed with the clerk of Council under this section shall be validated by the board of elections in the same manner as formerly provided in Section 6-301(3) of this Charter for petitions for recall.
(2) Any proposal for an amendment, modification or rescission of this Charter, the ef fect of which provides for an abolishment of the consolidated government, shall not become effective until approved by a majority of the qualified electors of the consolidated govern ment voting in a referendum election as provided in Section 8-401 and such time as the General Assembly of Georgia has provided for and established a successor government to replace and supersede the consolidated government established by this Charter, and until such event the consolidated government herein created shall continue in full force and effect as if such amendment, modification or rescission had not been adopted.
Section 8-401. Election. When an amendment to this Charter has been properly pro posed, either by ordinance or by petition, the board of elections shall call and conduct a referendum election on a date and in the manner provided for under Code Section 21-2-540 of the O.C.G.A. after the date of the adoption of the ordinance or the validation of the petition, as the case may be, at which the electorate of Columbus, Georgia, will vote to ratify or reject the amendment or amendments proposed; provided, however, if a regular election is to be held not less than 30 nor more than 120 days after the adoption of the resolution or the validation of the petition then such referendum election shall be held at the same time as the regular election. The ballot shall be prepared so as to sufficiently set forth the subject matter of each proposed amendment, numbered as the same is numbered in the resolution of the Council or in the petition, and to provide the voters a choice to vote "For Ratifica tion" and "Against Ratification" of each proposed amendment. Each proposed amendment shall be ratified when a majority of the votes cast at the special referendum election shall be in favor of ratification, and each proposed amendment shall be rejected when a majority of said votes shall be against ratification. Said election shall be held in accordance with appli cable laws governing elections as provided in Chapter 2 of Article VI of this Charter, and the costs of said election shall be paid out of the general funds of Columbus, Georgia. The Judge of Probate Court shall canvass the returns and certify the results to the Secretary of State of Georgia, who shall issue a proclamation showing the results of said election on the ratification or rejection of each proposed amendment to this Charter. One copy of the proc lamation shall be attached to the copy of this Charter previously certified to said Secretary of State, and one copy shall be delivered to the clerk of the Council who shall attach the same to the copy of the Charter in his or her custody.
Section 8-402. Limitation. Once a Charter amendment is proposed on a particular sub ject either by ordinance or by valid petition as provided in Section 8-400(1), no amendment on the same subject shall be proposed by ordinance or petition within 12 months after the referendum election thereon.
Chapter 5. Miscellaneous Provisions
Section 8-500. Fidelity bonds. All officers and employees of the consolidated govern ment both elective and appointive shall execute such official bonds in such amounts and upon such terms and conditions as the law or the Council may from time to time require.
Section 8-501. Existing rights and interests. No provision of this Charter is intended, nor shall be construed, to affect in any way any rights or interests, public or private:
(a) Vested or accrued as of the effective date of the provision, in whole or in part, the validity of which might be sustained or preserved by reference to any provisions of law repealed by this Charter, except any right or interest in any public elective office, not con ferred by this Charter.
(b) Derived from, or which might be sustained or preserved in reliance upon, action

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taken (including the adoption of ordinances or resolutions) pursuant to or within the scope of any provision of law repealed by this Charter.
Section 8-502. Section captions. The captions to the several sections of this Charter are informative only and are not to be construed as a part thereof.
Section 8-503. Effect of repeals. No law heretofore repealed, expressly or by implication, shall be revived by the repeal herein of the repealing Act, nor by any provision of this Charter that disclaims an intention to repeal or affect enumerated laws.
Section 8-504. Severability clause. In any section, subsection, paragraph, sentence, clause or phrase of this Charter, or the application thereof to any person or circumstance, should be declared invalid for any reason whatsoever, such decision shall not affect the re maining portions or other applications of this Charter, which shall remain in full force and effect; and to this end the provisions of this Charter and the applications thereof are hereby declared to be severable.
Section 8-505. Repeal of specific law. An Act providing a charter for the county-wide government of Columbus, Georgia, approved October 5, 1971 (Ga. L. 1971, Ex. Sess., p. 2007), as amended, is repealed in its entirety.
Section 8-506. Repeal of conflicting laws. All laws and parts of laws in conflict with this Act are hereby repealed.
ARTICLE IX. RESERVED
APPENDIX ONE
RESERVED
APPENDIX TWO
CODE OF ETHICS AND PROHIBITED PRACTICES
1. Conflict of Interest
No elected official, appointed officer or employee of the consolidated government or any office, department or agency thereof shall knowingly:
(a) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his or her official du ties or which would tend to impair his or her independence of judgment or action in the performance of his or her official duties;
(b) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his or her official duties or would tend to impair his or her independence of judgment or action in the performance of his or her official duties;
(c) Disclose confidential information concerning the property, government or affairs of the consolidated government or any office, department or agency thereof without proper legal authorization or use such information to advance the financial or other private interest of himself or herself or others;
(d) Accept any valuable gift, whether in the form of service, loan, thing or promise, from any person, firm or corporation which to his or her knowledge is interested directly or indirectly in any manner whatsoever in business dealings with the consolidated government or any office, department or agency thereof; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connec tion with any such campaign;
(e) Represent private interests in any action or proceeding against the consolidated gov ernment or any office, department or agency thereof;
(f) Vote or otherwise participate in the negotiation or the making of any contract with any business or entity in which he or she has a financial interest.

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2. Disclosure.
Any elected official, appointed officer or employee of the consolidated government who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within any office, department or agency thereof shall disclose such private interest to the Council. The mayor or any councilor who has a private interest in any matter pending before Council shall disclose such private interest and such disclosure shall be en tered on the records of the Council and he or she shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer or employee of any office, department or agency to which this code of ethics applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such office, department or agency shall disclose such private inter est of the Council.
3. Use of public property.
No elected official, appointed officer or employee of the consolidated government or of any office, department or agency thereof to which this code of ethics applies shall use prop erty owned by the consolidated government for personal benefit, convenience or profit ex cept in accordance with policies promulgated by the Council.
4. Testimony of public officials relating to public affairs.
Any office or employee of the consolidated government who is duly and properly called as a witness before any consolidated government, state or federal judicial or administrative tribunal and who shall before such tribunal fail to answer any proper question concerning the performance of his or her official duties shall be guilty of a violation of this code of ethics.
5. Contracts voidable and rescindable.
Any contract between the consolidated government or any agency or entity to which this code of ethics applies and another party shall be voidable or rescindable at the option of the consolidated government at any time if any elected official, appointed officer or em ployee of the consolidated government or any office, department or agency thereof has any interest in such contract and does not disclose such interest in accordance with Section 2 hereof.
6. Ineligibility of elected officials.
Except where authorized by law or as expressly provided in this Charter, neither the mayor nor any councilor shall hold any other elective office during the time for which they were elected unless such councilor or mayor, prior to qualifying for election to such elective office, shall submit his or her resignation from his or her position as councilor or mayor, to be irrevocably effective on or before the date on which the tenure of office for which he or she offers is scheduled to begin. No former councilor shall hold any compensated appointive office in the government until one year after the expiration of the term for which he or she was elected.
7. Political activities of certain officers and employees.
(a) No appointive officer or employee of the consolidated government shall continue in such employment upon qualifying as a candidate for nomination or election to any public office, nor shall any appointive officer or employee thereof electioneer for a candidate or take any part in the management of the affairs of any political party or in any political campaign, except to exercise his or her right as a citizen privately to express his or her opinions and cast his or her vote.
(b) No appointive officer or employee of the government shall be granted any leave of absence for the purpose of engaging in any of the activities set forth in paragraph (a) hereof.
8. Penalties for violation.

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(1) Officials, officers and employees of the consolidated government may be punished for violation of Sections 1 through 7 of this Appendix as follows:
(a) The mayor and members of the Council shall be subject to removal from office as provided in Article VI of this Charter;
(b) All appointed officers and department heads not in the merit service shall be subject to removal from office as provided in Article III, Chapter 1, Section 3-104(4) of this Charter;
(c) Members of the merit service, upon violation of the code of ethics as provided for herein, shall be subject to dismissal in accordance with the personnel rules and regulations adopted by the Council.
(2) The Council may provide by ordinance that violations of Sections 1 through 7 of this Appendix shall be punishable by a fine not to exceed $600.00, by imprisonment not to exceed 60 days, or by both. Any punishment so provided by ordinance may be imposed without regard to whether punishment is imposed as provided in part (1) of this section.
On the adoption of the substitute, the yeas were 49, nays 0, and the substitute was adopted.
*HB 682:
The Senate Committee on Urban and County Affairs offered the following substitute to HB 682:
A BILL
To be entitled an Act to amend an Act creating the Cobb Year 2000 Commission, ap proved April 4, 1991 (Ga. L. 1991, p. 4228), so as to change the manner in which members shall be selected; 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 Cobb Year 2000 Commission, approved April 4, 1991 (Ga. L. 1991, p. 4228), is amended by striking Section 3 of said Act in its entirety and inserting in lieu thereof the following:
"Section 3. Thirteen citizens of Cobb County shall be appointed as members of the commission. The members of the House of Representatives representing Cobb County Dis tricts 32, 33, 34, 35, 36, 38, and 51 shall appoint one commission member, and the members of the House of Representatives representing Cobb County Districts 29, 30, 31, 37, 39, and 40 shall appoint one commission member. The members of the Senate representing Cobb County Districts 21 and 32 shall appoint one commission member and the members of the Senate representing Cobb County Districts 33, 37, and 38 shall appoint one commission member. The chairman of the Cobb County Board of Commissioners shall appoint one com mission member; the members of the Cobb County Board of Commissioners from Commis sioner Districts 1 and 4 shall appoint one commission member; and the members of the Cobb County Board of Commissioners from Commissioner Districts 2 and 3 shall appoint one commission member. The following entities shall each appoint one commission member: the Cobb Municipal Association; the Cobb County Board of Education; and the Marietta Board of Education. The judges of the Superior Court of Cobb County shall appoint one commission member. The district attorney for Cobb County shall appoint one commission member. The director of the Cobb County Department of Family and Children Services shall appoint one commission member."
Section 2. 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.

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*HB 983:
The Senate Committee on Urban and County Affairs offered the following amendment:
Amend HB 983 by adding on line 6 of page 1 after the word and symbol "office;" and before the word "to" the following:
"to provide that certain property of the authority shall be exempt from ad valorem taxation;".
By adding between lines 14 and 15 of page 2 a new Section 2 to read as follows:
"Section 2. Said Act is further amended by striking Section 10 and inserting in its place a new Section 10 to read as follows:
'Section 10. Constitutional authority for Act; tax exemption of authorities. This Act is passed pursuant to authority granted the General Assembly by the Constitution of the State of Georgia of 1976. The authority is created for nonprofit and public purposes, and it is found, determined, and declared that the creation of the authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of the state; that the authority is an institution of purely public charity and will be performing an essential gov ernmental function in the exercise of the power conferred upon it by this Act; and for such reasons the state covenants with the holders from time to time of the bonds, notes, and other obligations issued hereunder that the authority shall not be required to pay any taxes or assessments imposed by the state or any of its counties, municipal corporations, political subdivisions, or taxing districts upon any property acquired by the authority, any property held by the authority as a lessee, including, but not limited to, any property held by the authority as a lessee for the purposes of an office or a cultural or arts center, or any property under its jurisdiction, control, possession, or supervision or upon its activities in the opera tion or maintenance of any such property or on any income derived by the authority in the form of fees, recording fees, rentals, charges, purchase price, installments, or otherwise; and that the bonds, notes, and other obligations of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state. The tax exemption shall not include any exemption from sales and use tax on property purchased by the au thority or for use by the authority.' "
By striking on line 15 page 2 the following:
"Section 2.",
and inserting in its place the following:
"Section 3.".
On the adoption of the amendment, the yeas were 49, nays 0, and the amendment was adopted.
HB 995:
Senator Bowen of the 13th offered the following amendment:
Amend HB 995 by inserting on line 4 of page 1 following the word "for" the words "method of election and".
By striking lines 10, 11, and 12 of page 2 and inserting in lieu thereof the following:
"represent. There shall be no primary for nominating candidates for municipal elec tions. Elections shall be held in compliance with Chapter 3 of Title 21 of the O.C.G.A., the "Georgia Municipal Election Code." "
On the adoption of the amendment, the yeas were 49, nays 0, and the amendment was adopted.

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HB 996:
Senator Bowen of the 13th offered the following amendment:
Amend HB 996 by inserting on line 3 of page 1, following the word "the" the words "method of.
By striking on lines 16, 17, 20, and 21 of page 1, respectively, the numbers, "1991", "1993", "1992", and "1994" and inserting in lieu thereof, respectively, the numbers "1992", "1994", "1993", and "1995".
By inserting on line 26 of page 1, following the symbol ".", the following: "The candi date receiving a majority of the votes cast for the office of mayor shall be elected mayor. The candidates receiving the largest, second largest, and, if applicable, the third largest number of votes for councilmember shall be elected to the council. There shall be no pri mary for nominating candidates for municipal elections."
On the adoption of the amendment, the yeas were 49, nays 0, and the amendment was adopted.
*HB 1054:
The Senate Committee on Urban and County Affairs offered the following substitute to HB 1054:
A BILL
To be entitled an Act to amend an Act authorizing the establishment of a civil service system in Paulding County, approved March 18,1980 (Ga. L. 1980, p. 3119), so as to change the provisions relating to persons who are subject to the civil service system; to change certain provisions relating to clerical assistance for the civil service board; to authorize the governing authority of Paulding County to make recommendations relative to changes in or additions to the rules and regulations of the civil service board; to provide that unless such amendments by the governing authority to rules and regulations of the civil service board are rejected by two-thirds of the membership of the board, such amendments shall have the force of law and be binding on all parties affected by the civil service system; to provide that no employee covered by the civil service system shall have any right of appeal to the civil service board unless such employee is terminated or suspended from employment for any period of time; 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 authorizing the establishment of a civil service system in Paulding County, approved March 18, 1980 (Ga. L. 1980, p. 3119), is amended by striking in its en tirety subsection (b) of Section 2 and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) It is specifically provided that elected officials of Paulding County, appointed members of boards, commissions, and authorities of Paulding County, the supervisors or heads or other chief executive officers, by whatever name designated, of all departments of Paulding County, whether presently existing or hereafter created, the county attorney, and the secretary of the Paulding County Commission shall not be under or subject to the Paulding County Civil Service System. Except as limited by the foregoing sentence and by Sec tion 5 of this Act relating to employees of elected county officers, the Paulding County Com mission, pursuant to the resolution adopted under subsection (a) of this section, or pursuant to any other resolution or ordinance that may be adopted from time to time by said com mission, shall have the authority to place all employees, or any category of employees, of Paulding County under said civil service system."

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Section 2. Said Act is further amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows:
"Section 4. It shall be the duty, function, and responsibility of the civil service board to represent the interest of the public in the improvement of personnel administration and the selection of qualified personnel. All meetings of the civil service board shall be held in offices provided therefor by the governing authority of Paulding County or in a courtroom of the Superior Court of Paulding County. The governing authority of said county is authorized to provide necessary clerical assistance to the board on a part-time basis to assist the board in conducting hearings and appeals as provided for in this Act. Said board shall hold regular meetings at least once a month and may hold additional meetings as may be required for the proper discharge of its duties."
Section 3. Said Act is further amended by adding between Sections 6 and 7 a new Section 6A to read as follows:
"Section 6A. The governing authority of Paulding County shall be authorized to make recommendations as to amendments, additions to, and changes in the rules and regulations of the civil service board from time to time and unless said amendments, changes, or addi tions are rejected by two-thirds of the membership of the civil service board, said amend ments shall have the force of law and be binding on all parties affected by said civil service system."
Section 4. Said Act is further amended by striking Section 7 in its entirety and inserting in lieu thereof a new Section 7 to read as follows:
"Section 7. No employee of any department or office of the county which has been brought under the civil service system pursuant to this Act may be terminated from employ ment in said department or office except for good cause and in accordance with the rules and regulations of the civil service board, as approved by the governing authority as afore said. No employee covered by the civil service system shall have any right of appeal to the civil service board unless such employee is terminated or suspended from employment for any period of time; and the board shall only hear appeals involving such terminations or suspensions. Any employee who is terminated or suspended shall have the right of appeal pursuant to the terms of the rules and regulations prescribed for appeals by the civil service board. Such appeal shall be heard at the next regular or special meeting of the civil service board after it is filed and must be heard and determined by the board within 45 days of the date said appeal is filed with the board; provided, however, that a terminated employee must file an appeal with the board in writing within ten days from the date of the em ployee's termination and provided that this provision shall not apply to persons terminated from any department due to curtailment in funds, reduction in staff, or abolition of the job held by such employee. The decision of the board shall be binding upon the governing au thority of said county as to whether such termination was for proper cause."
Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 6. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 49, nays 0, and the substitute was adopted.
*HB 1102:
The Senate Committee on Urban and County Affairs offered the following amendment:
Amend HB 1102 by line 3 of page 1 and inserting the following:
"provide that such officer shall devote full time to the duties of office; to provide an effective date; to repeal conflicting laws; and".

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By striking line 12 of page 1 and inserting the following:
"Gwinnett County from the funds of the county. The chief magistrate shall devote his or her full time to the duties of the office."

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 as amended.

On the passage of all the bills on the Senate Local Consent Calendar, except HB 621, 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 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 Starr Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Alien Broun of 46th

Dean Kemp

Taylor Walker

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 621, HB 634, HB 682, HB 983, HB 995, HB 996, HB 1054 and HB 1102, having received the requisite constitu tional majority, were passed.

HB 983, HB 995, HB 996 and HB 1102, having received the requisite constitutional majority, were passed as amended.

HB 634, HB 682 and HB 1054, having received the requisite constitutional majority, were passed by substitute.

HB 621 was moved to the Senate Local Contested Calendar for today.

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SENATE LOCAL CONTESTED CALENDAR
March 23, 1993
FORTIETH LEGISLATIVE DAY
The following local bill of the House, having been favorably reported by the committee and moved to the Senate Local Contested Calendar for today, pursuant to Senate Rule 113, was put upon its passage:

HB 621.** By Representatives Coker of the 31st, Atkins of the 29th, Ehrhart of the 36th 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.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

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 Brown of 26th Burton Cheeks Coleman Crotts Day Dean Edge Egan Farrow

Garner Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Madden Marable Middleton Newbill

Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Thomas Turner Tysinger

Voting in the negative was Senator Thompson.

Those not voting were Senators:

Abernathy Baugh Bowen Clay

Dawkins Kemp Langford of 35th

Langford of 29th Taylor Walker

On the passage of the bill, the yeas were 45, nays 1.

The bill, having received the requisite constitutional majority, was passed.

Senator Ralston of the 51st introduced the Fannin County High School Girls Basketball Team.

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2009

Senator Abernathy of the 38th introduced William R. Klopp, who, having been recog nized by SR 241, adopted previously, briefly addressed the Senate.
Senator Garner of the 30th, President Pro Tempore, assumed the Chair.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
SB 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 House substitute to SB 316 was as follows:
A BILL
To be entitled an Act to amend Part 12 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the effectiveness of educational programs, so as to change certain requirements for assessments for graduation purposes; to change the standards for the exemption from certain evaluations; to provide for "exempt school" desig nations; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 12 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the effectiveness of educational programs, is amended by adding at the end of Code Section 20-2-281, relating to the assessments of the effectiveness of educa tional programs, the following:
"(e) The curriculum-based assessment to be administered in grade 11 for graduation purposes pursuant to this Code section shall be field tested for no less than two years and shall have a preestablished scoring system which identifies passing scores for each battery on the test and for the graduation test in its entirety. This scoring system shall be approved by the State Board of Education prior to administration of the graduation test and shall not be changed without full disclosure of such changes to each of the local boards of education and the General Assembly. The test shall not be administered to students in grade 11 for graduation purposes prior to spring, 1995."
Section 2. Said part is further amended by striking subsection (e.l) of Code Section 202-282, relating to evaluation of schools, 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 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 3. All laws and parts of laws in conflict with this Act are repealed.

2010

JOURNAL OF THE SENATE

Senator Marable of the 52nd moved that the Senate agree to the House substitute to SB 316.

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 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 Ralston Ray Robinson Slotin Starr Taylor Thompson Turner Tysinger Walker

Those not voting were Senators:

Bowen Garner (presiding)

Ragan of llth Scott

Thomas

On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 316.

The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:

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 House amendment was as follows:

Amend SB 163 as follows: Insert after the word "upon" on line 1 of page 3 the following: "the first day of the month following"

Senator Taylor of the 12th moved that the Senate agree to the House amendment to

TUESDAY, MARCH 23, 1993

2011

SB 163 as amended by the following amendment offered by Senators Taylor of the 12th, Ragan of the 32nd and Henson of the 55th:
Amend the House amendment to SB 163 by adding at the end of the amendment the following:
By inserting on line 9 of page 1 after "tests;" the following: "to provide for administra tive suspension of a driver's license for a first offense of DUI;".
By inserting after line 34 of page 2 the following:
"Section 1.5. Code Section 40-5-67.1 of the Official Code of Georgia Annotated, relating to suspension of a driver's license, is amended by striking subsection (c) in its entirety and inserting in lieu thereof the following:
'(c) If a person under arrest or a person who was involved in any traffic accident result ing in serious injuries or fatalities submits to a chemical test upon the request of a law enforcement officer and the test results indicate that a suspension or disqualification is re quired under this Code section, the results shall be reported to the department. Upon the receipt of a sworn report of the law enforcement officer that the officer had reasonable grounds to believe the arrested person had been driving or was in actual physical control of a moving motor vehicle upon the highway or elsewhere throughout this state in violation of Code Section 40-6-391 or that such person had been driving or was in actual physical con trol of a moving motor vehicle upon the highways or elsewhere throughout this state and was involved in a traffic accident involving serious injuries or fatalities and that the person submitted to a chemical test at the request of the law enforcement officer and the test re sults indicate either a blood alcohol concentration of 0.10 grams or more or, for a person under the age of 18, a blood alcohol concentration of 0.06 grams or more, the department shall suspend the person's driver's license, permit, or nonresident operating privilege pursu ant to Code Section 40-5-67.2, subject to review as provided for in this chapter. Upon the receipt of a sworn report of the law enforcement officer that the arrested person had been operating or was in actual physical control of a moving commercial motor vehicle and the test results indicate a blood alcohol concentration of 0.04 grams or more, the department syheaalrl.'d".isqualify the person from operating a motor vehicle for a minimum period of one

On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate agreed to the House amendment as amended by the Senate.
The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:

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.

The House amendment was as follows:

Amend SB 252 by striking from lines 5 and 6, page 4, all after the word "victim" on page 5.

Senator Robinson of the 16th moved that the Senate agree to the House amendment to SB 252.

On the motion, 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

2012

JOURNAL OF THE SENATE

Brown of 26th Burton Clay Coleman Crotts Dawkins Day Dean EEdggane
Farrow Gillis
Glanton
Gochenour Harbison

Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 29th MMaardadbelne
Middleton Newbill
Oliver
Parrish Perdue

Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson glotin ,, Tay,lor
Thomas Thompson
Turner
Tysinger Walker

Those not voting were Senators:

Abernathy Alien Cheeks

Garner (presiding) Kemp

Langford of 35th Scott

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 252.

Senator Langford of the 35th introduced Walt Bellamy, former Atlanta Hawks basket ball player, who was commended by SR 48, adopted previously.

Senator Farrow of the 54th introduced the doctor of the day, Dr. Royal Farrow, of Dalton, Georgia.

Senator Garner of the 30th, President Pro Tempore, who was presiding, announced that the Senate would stand in recess from 12:20 o'clock P.M. until 2:30 o'clock P.M.

At 2:30 o'clock P.M., Senator Garner of the 30th, President Pro Tempore, called the Senate to order.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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 House substitute to SB 76 was as follows:

A BILL
To be entitled an Act 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

TUESDAY, MARCH 23, 1993

2013

reconsideration in such case, shall be rendered during the last 15 days of any term; to pro vide that disposition of first-term cases may be made during any nonterm periods; to pro vide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 15-2-4 of the Official Code of Georgia Annotated, relating to place of sessions and terms of court of the Supreme Court, is amended by striking subsec tion (c) of said Code section in its entirety and inserting in lieu thereof the following:
"(c) Each term shall continue until the business for that term has been disposed of by the court, provided that, unless sooner closed by order of the court, the September term shall end on December 20 and the April term shall end on July 31. No judgment in a sec ond-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. Disposition of first-term cases may be made during nonterm periods."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Oliver of the 42nd moved that the Senate agree to the House substitute to SB 76.

On the motion, 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 Clay Crotts Day Edge Egan

Farrow Glanton Harbison Henson Hill Hooks Huggins Kemp Madden Marable Oliver

Perdue Pollard Ragan of 32nd Ralston Ray Robinson Slotin Starr Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Baugh Bowen BCrhoewekns of 26th
Coleman Dawkins Dean

Garner (presiding) Gillis Gochenour HIsaekmsmoner
Langford of 35th Langford of 29th Middleton

Newbill Parrish Ragan of llth Qt)COtt
TaVlor Thomas Walker

On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 76.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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

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JOURNAL OF THE SENATE

involving recipients of medical assistance; to provide that notice may be by United States mail.

The House substitute to SB 249 was as follows:

A BILL
To be entitled an Act 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; to define "recovery action"; 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 9-2-21 of the Official Code of Georgia Annotated, relating to parties to actions for torts, is amended by adding a new subsection at the end thereof to read as follows:
"(c) If the person whose legal right has been affected has received medical assistance benefits pursuant to Chapter 4 of Title 49, prior to initiating recovery action, the represen tative or attorney who has actual knowledge of the receipt of said benefits shall notify the Department of Medical Assistance of the claim. Mailing and deposit in a United States post office or public mail box of said notice addressed to the Department of Medical Assistance with adequate postage affixed is adequate legal notice of the claim. Notice as provided in this subsection shall not be a condition precedent to the filing of any action for tort. Initiat ing recovery action shall include any communication with a party who may be liable or someone financially responsible for that liability with regard to recovery of a claim including but not limited to the filing of an action in court."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Oliver of the 42nd moved that the Senate agree to the House substitute to SB 249.

On the motion, 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
^CC"lhaerytekns
Crotts Dav Dean Edge Egan

Farrow Glanton Harbison
Henson Hm
HuHuogogkms s
KemP Madden Marable Middleton Oliver

Perdue Pollard Ragan of 32nd
Ralston Ray
RSc. coob^titnson
Slotin Starr Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Alien Blitch Brown of 26th Coleman

Dawkins Garner (presiding) Gillis Gochenour Hemmer

Isakson Langford of 35th Langford of 29th Newbill Parrish

TUESDAY, MARCH 23, 1993

2015

Ragan of llth Taylor

Thomas

Walker

On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 249.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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 House substitute to SB 192 was as follows:

A BILL
To be entitled an Act 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 provide that such authority and all other state departments and agencies and authorities shall purchase building materials and fixtures based on life cycle costs; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 9 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Building Authority, is amended by inserting at the end thereof the following:
"ARTICLE 5
50-9-100. As used in this article, the term 'life cycle costs' means the total costs associ ated with the use of building materials and fixtures, including the initial cost of acquisition and the cost of installation, operation, energy use, maintenance, and disposal of such mate rial or fixture.
50-9-101. Any other provision of law to the contrary notwithstanding, the authority cre ated by Article 1 of this chapter and all other state departments, agencies, and authorities shall purchase building materials and fixtures for use in the construction, reconstruction, renovation, and operation of state buildings and facilities taking into account life cycle costs in addition to acquisition cost."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Henson of the 55th moved that the Senate agree to the House substitute to SB 192.

On the motion, 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 Clay

Crotts Day Dean Edge
Egan Farrow Glanton Gochenour

Harbison Henson Hill Hooks
Huggins Kemp Langford of 35th Langford of 29th

2016

JOURNAL OF THE SENATE

Madden Marable Middleton Oliver
Perdue

Pollard Ragan of 32nd Ralston Ray
Robinson

Taylor Thompson
Turner Tysinger

Those not voting were Senators:

Abernathy Alien Blitch Brown of 26th Coleman Dawkins

Garner (presiding) Gillis Hemmer Isakson Newbill Parrish

Ragan of llth Scott Slotin Starr Thomas Walker

On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 192.

The following bill of the House was taken up for the purpose of considering the House action thereon:

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.

Senator Henson of the 55th moved that the Senate recede from the Senate amendment to HB 718.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Baugh Boshears Bowen Burton Cheeks Clay Crotts Dawkins Day Dean Egan Farrow

Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Kemp Langford of 35th Langford of 29th Marable Middleton

Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Alien Blitch Broun of 46th Brown of 26th
Coleman

Edge Garner (presiding) Gillis Isakson Madden
Newbill

Oliver Parrish T, laylor Thomas
Walker

TUESDAY, MARCH 23, 1993

2017

On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate receded from the Senate amendment to HB 718.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House insists on its position in substituting the following bill of the Senate:
SB 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 House adheres to its position in insisting on its substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following resolution of the Senate:
SR 21. By Senators Isakson of the 21st, Garner of the 30th, Cheeks of the 23rd and others: A resolution creating the Atlanta Campaign Commission.
The Speaker has appointed on the part of the House, Representatives Carlisle of the 107th, Lee of the 94th and Smith of the 169th.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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 House substitute to SB 256 was as follows:
A BILL
To be entitled an Act to amend Code Section 53-3-6 of the Official Code of Georgia Annotated, relating to procedure when a will is lost or destroyed and the presumption of revocability, so as to provide for applicability language; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 53-3-6 of the Official Code of Georgia Annotated, relating to procedure when a will is lost or destroyed and the presumption of revocability, is amended by adding a new subsection to read as follows: "(c) This Code section shall apply to all petitions for probate pending on or after April 4, 1991."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

2018

JOURNAL OF THE SENATE

Senator Henson of the 55th moved that the Senate agree to the House substitute to SB 256.

On the motion, 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 Dawkins Day Dean Edge Egan

Farrow Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Kemp Langford of 35th Langford of 29th Madden Marable

Those not voting were Senators:

Middleton Oliver Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Starr Taylor Thomas Thompson Turner Tysinger

Abernathy Alien Blitch
Crotts

Garner (presiding) Isakson Newbill (excused
conferee)

Parrish Perdue Slotin
Walker

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 256.

The following local bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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.

The House substitute to SB 285 was as follows:

A BILL
To be entitled an Act to amend an Act creating the Cobb County Commission on Chil dren and Youth, approved February 24, 1988 (Ga. L. 1988, p. 3569), 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; to repeal conflicting laws; and for other purposes.

TUESDAY, MARCH 23, 1993

2019

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the Cobb County Commission on Children and Youth, ap proved February 24, 1988 (Ga. L. 1988, p. 3569), as amended, is amended by striking Sec tion 1 of said Act and inserting in lieu thereof a new Section 1 to read as follows:
"Section 1. (a) There is created the Cobb County Commission on Children and Youth. The commission shall be composed of 29 members as follows:
(1) Six members to be appointed by the members of the Cobb County House legislative delegation as provided in this paragraph, three of whom shall reside in the territory within Cobb County comprised of House Districts 32, 33, 34, 35, 36, and 38 and who shall be ap pointed by the members of the delegation who represent such districts, and three of whom shall reside in that territory within Cobb County comprised of House Districts 29, 30, 31, 37, 39, 40, and 51;
(2) Four members to be appointed by the Cobb County Senate legislative delegation, one each from Senate Districts 21, 32, and 37, and one from Senate Districts 33 and 38 combined who shall each reside in his or her respective district and who shall be appointed by the member of the Cobb County Senate legislative delegation who resides in such district;
(3) Six members to be appointed by the Board of Commissioners of Cobb County, three of whom shall reside in Commission Districts 2 and 3 and be appointed by members of the board who represent those districts and three of whom shall reside in Commission Districts 1 and 4 and be appointed by members of the board who represent those districts; and
(4) Thirteen members to be appointed by the judiciary of the Cobb County courts, including the superior court, the state court, the magistrate court, the juvenile court, and the probate court.
(b) Appointments to the Cobb County Commission on Children and Youth shall in clude at least one member from each of the following fields or professions:
(1) Law enforcement;
(2) Child welfare;
(3) Medical;
(4) The judiciary;
(5) Education; and
(6) The business and civic community.
(c) All appointments to the commission shall be made within 30 days after the effective date of this Act. All persons appointed to serve on the Cobb County Commission on Chil dren and Youth, except the member of the commission representing the medical profession who shall not be required to be a resident, shall be residents of said county. If a member of the commission moves his or her residence from the county, that member's position shall immediately become vacant and shall be rilled in the same manner as the initial appointment."
Section 2. Said Act is further amended by striking Section 5 and inserting in lieu thereof a new Section 5 to read as follows:
"Section 5. The commission shall stand abolished on July 1, 1996."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Thompson of the 33rd moved that the Senate agree to the House substitute by

2020

JOURNAL OF THE SENATE

the following substitute offered by Senators Thompson of the 33rd, Clay of the 37th and Ragan of the 32nd:
A BILL
To be entitled an Act to amend an Act creating the Cobb County Commission on Chil dren and Youth, approved February 24, 1988 (Ga. L. 1988, p. 3569), 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; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the Cobb County Commission on Children and Youth, ap proved February 24, 1988 (Ga. L. 1988, p. 3569), as amended, is amended by striking Sec tion 1 of said Act and inserting in lieu thereof a new Section 1 to read as follows:
"Section 1. (a) There is created the Cobb County Commission on Children and Youth. The commission shall be composed of 29 members as follows:
(1) Six members to be appointed by the members of the Cobb County House legislative delegation as provided in this paragraph, three of whom shall reside in the territory within Cobb County comprised of House Districts 32, 33, 34, 35, 36, 38, and 51 and who shall be appointed by the members of the delegation who represent such districts, and three of whom shall reside in that territory within Cobb County comprised of House Districts 29, 30, 31, 37, 39, and 40;
(2) Four members to be appointed by the Cobb County Senate legislative delegation, one each from Senate Districts 21, 32, and 37, and one from Senate Districts 33 and 38 combined who shall each reside in his or her respective district and who shall be appointed by the member of the Cobb County Senate legislative delegation who resides in such district;
(3) Six members to be appointed by the Board of Commissioners of Cobb County, three of whom shall reside in Commission Districts 2 and 3 and be appointed by members of the board who represent those districts and three of whom shall reside in Commission Districts 1 and 4 and be appointed by members of the board who represent those districts; and
(4) Thirteen members to be appointed by the judiciary of the Cobb County courts, including the superior court, the state court, the magistrate court, the juvenile court, and the probate court.
(b) Appointments to the Cobb County Commission on Children and Youth shall in clude at least one member from each of the following fields or professions:
(1) Law enforcement;
(2) Child welfare;
(3) Medical;
(4) The judiciary;
(5) Education; and
(6) The business and civic community.
(c) All appointments to the commission shall be made within 30 days after the effective date of this Act. All persons appointed to serve on the Cobb County Commission on Chil dren and Youth, except the member of the commission representing the medical profession who shall not be required to be a resident, shall be residents of said county. If a member of the commission moves his or her residence from the county, that member's position shall immediately become vacant and shall be filled in the same manner as the initial appointment."

TUESDAY, MARCH 23, 1993

2021

Section 2. Said Act is further amended by striking Section 5 and inserting in lieu thereof a new Section 5 to read as follows:
"Section 5. The commission shall stand abolished on July 1, 1996."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Baugh Boshears
Bowen Broun of 46th Brown of 26th Burt?n LC1neeks
Coleman Crotts Dawkins Day Dean Edge Egan

Farrow Gillis Glanton
Gochenour Harbison Hemmer Henson IHTi.l,,l
Hooks Huggins KemP Langford of 35th Langford of 29th Madden Marable

Middleton Oliver Perdue
Pollard Ragan of 32nd Ralston Ray R,,obi inson
Scott Slotm Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Alien Blitch Garner (presiding)

Isakson Newbill (excused
conferee) Parrish

Ragan of llth Starr Walker

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute by the Senate substitute to SB 285.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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.

The House substitute to SB 165 was as follows:

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 affecting torts, so as to provide certain tort immu nity for dental students; to except acts of willful or wanton misconduct; to provide that the liability of a medical facility, academic institution, or dentist is not affected; to repeal con flicting laws; and for other purposes.

2022

JOURNAL OF THE SENATE

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 affecting torts, is amended by adding at the end thereof a new Code Section 51-1-43 to read as follows:
"51-1-43. (a) No dental student who participates in the provision of dental care or den tal treatment under the supervision of a medical facility, academic institution, or dentist, as a part of an academic curriculum leading to the award of a dental degree, shall be liable for any civil damages to the patient as a result of any act or omission in such participation, except for willful or wanton misconduct.
(b) Subsection (a) of this Code section shall not be construed to affect or limit the liability of a medical facility, academic institution, or dentist."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Balfour of the 9th moved that the Senate agree to the House substitute to SB 165.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Baugh Boshears Bowen Broun of 46th Brown of 26th
^ CQhertekns
Coleman Crotts Dawkins Dean Edge Egan

Farrow Gillis Glanton Gochenour Harbison
H,,Heemnsmoner
Hooks Huggins KemP Langford of 35th Langford of 29th Madden

Marable Middleton Oliver Perdue Ragan of 32nd
RDRaaylston
Robinson Scott Taylor Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Alien Balfour Blitch Day
Garner (presiding)

Hill Isakson Newbill (excused
conferee) Parrish
Pollard

Ragan of llth Slotin Q. olarr Thomas
Walker

On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 165.

The President resumed the Chair.

The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:

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,

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so as to provide for reproductions that accurately reproduce or form a medium for reproducing the original copy.

The House amendment to SB 244 was as follows:

Amend SB 244 by striking line 4 of page 1 and inserting in lieu thereof the following:
"provide for the admissibility of certified documents transmitted by facsimile in certain circumstances; to provide for fees and records; to provide that the foregoing provision does not require a public officer to obtain or maintain facsimile equipment; to provide for repro ductions that accurately reproduce or form".
By striking line 12 of page 1 and inserting in lieu thereof the following:
"amended by striking in its entirety Code Section 24-5-20, relating to exemplifications of public records, and inserting in lieu thereof a new Code section to read as follows:
'24-5-20. (a) Exemplifications made by public officers of records, documents, papers, or other matters in their respective offices, pursuant to Code Sections 24-7-20 and 24-7-21 or in the manner set out in subsection (b) of this Code section, shall be primary evidence as to all records or other things required by law to remain in such offices, but only secondary evi dence as to such documents as by law properly remain in the possession of the party.
(b) As an alternative to an exemplification made by any public officer of the records, documents, papers, or other matters in the office of such public officer in accordance with Code Sections 24-7-20 and 24-7-21, an exemplification transmitted by facsimile or a copy of an exemplification transmitted by facsimile is admissible if:
(1) The certification by the public officer includes a statement that the certified document~Ts being transmitted by facsimile and the telephone number and location of the fac simile machine transmitting the facsimile; and
(2) Each page of the document shows the telephone number of the transmitting facsim ile machine to be identical to the telephone number shown as a part of the certification by the public officer!
This subsection shall not be construed to require public officers to obtain or maintain fac simile equipment. Public officers are authorized to collect the usual cost of providing exem plifications as provided by law and a reasonable fee for the cost of telephone facsimile trans mission. Public officers are authorized to maintain a record of facsimile exemplifications, which may but is not required to include the retention of the exemplification as transmitted by facsimile.'
Section 2. Said article is further amended by striking Code Section 24-5-26, relating to".
By renumbering Section 2 as Section 3.

Senator Taylor of the 12th moved that the Senate agree to the House amendment to SB 244.

On the motion, 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 Crotts Dawkins Day Dean Edge Farrow

Garner Gillis Glanton Gochenour Harbison Hemmer Hill Huggins

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Isakson Kemp Langford of 35th

Perdue Pollard Ragan of llth

Starr Taylor Thomas

Marable
Middleton Oliver

Ray
Robinson Slotin

Turner
Tysinger Walker

Those not voting were Senators:

Baugh Blitch Coleman Egan

Henson Hooks Newbill (excused
conferee)

Parrish Scott

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 244.

The following resolution of the Senate was taken up for the purpose of considering the House substitute thereto:

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 House substitute to SR 180 was as follows:

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; authorizing the granting of a quitclaim deed, affidavit, or other interest evidencing that the state has not accepted title to and has no intent to use certain property in Meriwether County and grants or affirms title to such property to the City of Manchester, Georgia; to provide an effective date; to repeal conflict ing laws; and for other purposes.
WHEREAS:
(1) The State of Georgia is the owner of certain real property located in the 203rd and 204th land lots of the 10th District of Crisp County, Georgia, which is in the custody of and utilized by the Georgia Department of Agriculture at the Cordele Farmers Market; and
(2) The Municipal Electric Authority of Georgia is expanding its electrical service in portions of Crisp County; and
(3) A portion of said expanded electrical service must pass through the above-described state owned property; and
(4) The Georgia Department of Agriculture by letter dated June 8, 1992, recommends the granting of this easement to the Municipal Electric Authority of Georgia for the abovedescribed purpose; and
(5) The State Properties Commission, at its meeting of June 17, 1992, authorized the granting of a three-year revocable license agreement to the Municipal Electric Authority of Georgia for the above-described purpose;
and

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WHEREAS:
(1) The City of Manchester intended to convey to the state a certain 6.005 acre tract of property in Meriwether County for the purpose of establishing a commercial driver's license facility; and
(2) The City of Manchester did prepare and record in Meriwether County a warranty deed to bring about the above-described conveyance; and
(3) Said property is described as all that tract or parcel of land lying and being in Land Lot 12 of the First Land District of Meriwether County, Georgia and in the City of Manchester, containing 6.005 acres and more particularly described as Lot 10 and shown on a plat of survey for the Development Authority of the City of Manchester which plat is dated September 20, 1988 and recorded in Plat Book 13, Page 101, in the Office of the Clerk of Meriwether Superior Court; and
(4) The Department of Public Safety has determined no need for a commercial driver's license facility to be located in Meriwether County; and
(5) The City of Manchester is desirous of utilizing the above-described property for city purposes and has requested that the state relinquish any claim it may have on the abovedescribed property.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL AS SEMBLY OF GEORGIA:
ARTICLE 1
Section 1. That the State of Georgia is the owner of the hereinafter described real prop erty in Crisp County, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
Section 2. That the State of Georgia, acting by and through its State Properties Com mission, may grant to the Municipal Electric Authority of Georgia, its successors and as signs, a nonexclusive easement for the construction, operation, and maintenance of electrical transmission lines in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, operating, maintaining, repairing, and replacing electrical transmission lines, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in the 203rd and 204th land lots of the 10th District of Crisp County, Georgia, and is more particularly described as follows:
Commencing at the point where the north line of Land Lot 203 intersects the south easterly right-of-way margin of the Seaboard Coastal Railroad; thence south 88 degrees 28 minutes 36 seconds east 169.4 feet along the north line of Land Lot 204 to the point of beginning; thence north 01 degrees 33 minutes 20 seconds east 156.94 feet to the southeast erly right-of-way margin of the Seaboard Coastline Railroad; thence north 48 degrees 43 minutes 34 seconds east 68.18 feet along said railroad right-of-way margin; thence south 01 degrees 33 minutes 20 seconds west 359.24 feet; thence south 34 degrees 04 minutes 42 seconds east 102.79 feet to the northerly right-of-way margin of a railroad spur tract; thence north 88 degrees 26 minutes 53 seconds west 94.89 feet along the northerly right-of-way margin of said railroad spur tract; thence north 01 degrees 33 minutes 20 seconds east 46.56 feet; thence north 34 degrees 04 minutes 42 seconds west 25.76 feet; thence north 01 degrees 33 minutes 20 seconds east 25.75 feet; thence north 34 degrees 04 minutes 42 seconds west 71.04 feet; thence north 55 degrees 55 minutes 18 seconds east 20.00 feet; thence south 34 degrees 04 minutes 42 seconds east 43.14 feet; thence north 01 degrees 33 minutes 20 seconds east 111.94 feet to the north line of Land Lot 203 and the point of beginning. Said tract of land contains 0.546 acres, more or less.
Section 3. That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operat ing said electrical transmission lines.

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Section 4. The Municipal Electric Authority of Georgia shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said elec trical transmission lines.
Section 5. That, after the Municipal Electric Authority of Georgia has put into use the electrical transmission lines for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Municipal Electric Authority of Georgia, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, its successors and assigns.
Section 6. That no title shall be conveyed to the Municipal Electric Authority of Geor gia, and, except as herein specifically granted to the Municipal Electric Authority of Geor gia, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimen tal to the rights, privileges, and interest granted to the Municipal Electric Authority of Georgia.
Section 7. That if the State of Georgia, acting by and through its State Properties Com mission, determines that any or all of the facilities placed on the easement area should be removed or relocated in order to avoid interference with the state's use or intended use of the easement area, the Municipal Electric Authority of Georgia shall remove or relocate its facilities at its sole cost and expense.
Section 8. That the easement granted to the Municipal Electric Authority of Georgia shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
Section 9. That the consideration for such easement shall be for the fair market value thereof but not less than $650.00 and upon such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
Section 10. That this grant of easement shall be recorded by the grantee in the Superior Court of Crisp County and a recorded copy shall be forwarded to the State Properties Commission.
Section 11. That the authorization in this resolution to grant the above-described ease ment to the Municipal Electric Authority of Georgia shall expire three years after the date that this resolution becomes effective.
Section 12. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE 2
Section 13. The State of Georgia acting by and through its State Properties Commission may confirm by quitclaim deed, affidavit, or any other instrument that the state has not accepted title to the above-described property in Meriwether County and in any event has no intent to use the above-described property in Meriwether County for the intended pur poses and, therefore, grants or affirms, as the case may be, title to the City of Manchester, Meriwether County.
Section 14. That the consideration for such instrument shall be $10.00 and upon such further consideration and provision as the State Properties Commission may determine to be in the best interest of the State of Georgia.

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ARTICLE 3
Section 15. That this resolution shall become effective upon its approval by the Gover nor or upon its becoming law without such approval.
Section 16. That all laws and parts of laws in conflict with this resolution are repealed.

Senator Bowen of the 13th moved that the Senate agree to the House substitute to SR 180.

On the motion, 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 Hill Huggins Isakson Kemp Langford of 29th Madden

Marable Middleton Oliver Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Starr Taylor Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Blitch Henson Hooks

Langford of 35th Newbill (excused
conferee) Parrish

Scott Slotin Thomas Walker

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 180.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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 House substitute to SB 1 was as follows:

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 re garding child abuse reports; to change the conditions under which reports of child abuse are made to law enforcement authorities or district attorneys; to provide that such reports and

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information contained therein which become part of records compiled for law enforcement or prosecution purposes will not be subject to public inspection except under specified con ditions; to provide for child fatality review subcommittees and their duties, meetings, organ ization, records, reports, disclosures, and liability; to change definitions; to provide for addi tional requirements 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 aaaault abuse of a child; or
(D) Sexual exploitation of a child.
(E) 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 reli gious denomination by a duly accredited practitioner thereof shall, for that reason alone, be considered to be an 'abused' 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.
'Sexual abuse' shall not include consensual sex acts involving persons of the opposite sex when the sex acts are between minors or between a minor and an adult who is not more than five years older than the minor. This provision shall not be deemed or construed to repeal any law concerning the age or capacity to consent.

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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."
"(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 child abuse, then the agency shall immediately notify the appropriate police authority or district attorney. Such reports shall contain the names and addresses of the child and fe 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, physicians, law enforce ment personnel, school officials, or staff of legally mandated public or private child protec tive agencies may be taken without the permission of the child's parent or guardian; pro vided, 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 pho tograph shall be made available as soon as possible to the chief welfare agency providing protective services and to the appropriate police authority."
Section 1.1. Said title is further amended by adding at the end of said Code Section 197-5 the following:
"(i) A report of child abuse or information relating thereto and contained in such re port, when provided to a law enforcement agency or district attorney pursuant to subsection (e) of this Code section or pursuant to Code Section 49-5-41, shall not be subject to public inspection under Article 4 of Chapter 18 of Title 50 even though such report or information is contained in or part of closed records compiled for law enforcement or prosecution pur poses unless:
(1) There is a criminal or civil court proceeding which has been initiated based in whole or in part upon the facts regarding abuse which are alleged in the child abuse reports and the person or entity seeking to inspect such records provides clear and convincing evidence of such proceeding; or
(2) The superior court in the county in which is located the office of the law enforce ment agency or district attorney which compiled the records containing such reports, after application for inspection and a hearing on the issue, shall permit inspection of such records by or release of information from such records to individuals or entities who are engaged in legitimate research for educational, scientific, or public purposes and who comply with the provisions of this paragraph. When those records are located in more than one county, the application may be made to the superior court of any one of such counties. A copy of any application authorized by this paragraph shall be served on the office of the law enforce ment agency or district attorney which compiled the records containing such reports. In cases where the location of the records is unknown to the applicant, the application may be made to the Superior Court of Fulton County. The superior court to which an application is made shall not grant the application unless:
(A) The application includes a description of the proposed research project, including a specific statement of the information required, the purpose for which the project requires that information, and a methodology to assure the information is not arbitrarily sought;
(B) The applicant carries the burden of showing the legitimacy of the research project; and

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(C) Names and addresses of individuals, other than officials, employees, or agents of agencies receiving or investigating a report of abuse which is the subject of a report, shall be deleted from any information released pursuant to this subsection unless the court deter mines that having the names and addresses open for review is essential to the research and the child, through his or her representative, gives permission to release the information."
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.
(6) 'Panel' means the State-wide Child Fatality-Review Abuse Prevention 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;
(Q) 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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'Sexual abuse' shall not include consensual sex acts involving persons of the opposite sex when the sex acts are between minors or between a minor and an adult who is not more than five years older than the minor. This provision shall not be deemed or construed to repeal any law concerning the age or capacity to consent.
(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 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.
(9) 'Subcommittee' means the child fatality review subcommittee established pursuant to Code Section 19-15-3.
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;
(1) The office of the chief of police of the largest municipality in the county;
(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 Each committee shall elect or appoint a chairperson who shall convene the first meeting and be responsible for ensuring that written protocol procedures are followed by all agencies. That person can be independent of agencies listed in paragraph (1) of subsection (c) of this Code section. 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

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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 shall meet at least semiannually 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 December 1, 1993, to specify the circumstances under which law enforcement officers will and will not be required to accompany child abuse investigators from the county depart ment of family and children services when these investigators investigate reports of child abuse. In determining when law enforcement officers shall and shall not accompany child abuse investigators, the committee shall consider the need to protect the alleged victim and the need to preserve the confidentiality of the report. Each committee shall establish 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 mea sures 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 protocol will be further amended to specify procedures to be adopted by the committee to ensure that written protocol procedures are followed. The committee shall meet at least semi-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 evalu ate the extent to which child abuse investigations during the 12 months prior to the report have complied with the child abuse protocols of the committee, recommend measures to improve compliance, and describe which measures taken within the county to prevent child abuse have been successful. The report shall be transmitted to the county governing author ity and the fall term grand jury of the judicial circuit.
(i) Within 12 months after this subsection becomes effective, members of each commit tee shall receive appropriate training. As new members are appointed, they will also receive training within 12 months after their appointment. The Department of Human Resources shall provide such training.
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 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

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the committee. The committcc'a 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 mittcc'a 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 Hay 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.
19-15-4. (a) There is created the State-wide Child Fatality Review Abuse Prevention 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;

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(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 position 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 ehaifn*a chairperson of the panel. The panel shall meet yearly to review the reports of committees 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.
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

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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 evident in any civil or crimi nal 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.

Senator Oliver of the 42nd moved that the Senate agree to the House substitute to SB 1.

On the motion, 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

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Crotts Dawkins Day Dean Edge Egan Farrow Garner Gillis Harbison Hemmer

Hill Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable Middleton Oliver Perdue

Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Starr Thomas Thompson Turner Tysinger

Voting in the negative was Senator Glanton.

Those not voting were Senators:

Abernathy Gochenour Henson Hooks

Newbill (excused conferee)
Parrish Scott

Slotin Taylor Walker

On the motion, the yeas were 45, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 1.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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 House substitute to SB 2 was as follows:

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 and the conditions thereof; 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 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;

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(C) Sexual assault abuse of a child; er
(D) Sexual exploitation of a childt ; or
(E) However, no child who in good faith is being treated solely by spiritual means through prayer in accordance with the tenants and practices of a recognized church or reli gious denomination by a duly accredited practitioner thereof shall, for that reason alone, be considered to be an 'abused' 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.
'Sexual abuse' shall not include consensual sex acts involving persons of the opposite sex when the sex acts are between minors or between a minor and an adult who is not more than five years older than the minor. This provision shall not be deemed or construed to repeal any law concerning the age or capacity to consent.
(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 a semicolon 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 therefor permissible and encouraged under the 1992 amendments to Section 107(b)(4) of the Child Abuse Prevention and Treatment Act, 42 U.S.C. Section 5106(A)(b)(4);
(9) Any foster parent with whom a child protective agency has currently placed or is considering placing a child who is not such foster parent's biological or adopted child, but such access shall be limited to records concerning reports of abuse of only such child; and
(10) The Governor, the Attorney General, the Lieutenant Governor or the Speaker of

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the House of Representatives when such officer makes a written request to the commis sioner of the department which specifies the name of the child for which such access is sought and which describes such officer's need to have access to such records in order to determine whether the laws of this state are being complied with to protect children from abuse and neglect and whether such laws need to be changed to enhance such protection, for which purposes the General Assembly finds such disclosure is permissible and encouraged under the 1992 amendments to Section 107(b)(4) of the Child Abuse Prevention and Treat ment Act, 42 U.S.C. Section 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 or any other law enforcement agency of this state or any other atatc or any medical examiner or coroner investigating a report of known or auapcctcd child abuac Reserved;".
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Oliver of the 42nd moved that the Senate agree to the House substitute to SB 2.

On the motion, 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 Gillis Glanton Gochenour Harbison Hemmer Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th

Madden Marable Middleton Oliver Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Starr Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Farrow Garner Henson

Newbill (excused conferee)
Parrish Perdue

Scott Slotin Taylor Walker

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 2.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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

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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 House substitute to SB 3 was as follows:
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 dis position orders and temporary transfers of custody of children found to be deprived; to provide for retransfers of custody under certain circumstances; to provide for orders regard ing child placement and custody; 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 per son; 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 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, he such child

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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 after transferring temporary legafcustody of a child to the Division of Family and Children Services within the Depart ment of Human Resources may at any time conduct sua sponte a judicial review of the current placement plan being provided to said child. After its review the court may order the division to comply with the current placement plan, order the division to devise a new placement plan within available division resources, or make any other order relative to placement or custody outside the Department of Human Resources as the court finds to be in the best interest of the child. Placement or a change of custody by the court outside the Department of Human Resources shall relieve the department of further responsibility for the child so placed.
(d) A juvenile court shall not be required to make an order of disposition pursuant to this Uode section regarding a child who is discharged from a facility in which the child was hospitalized or habilitated pursuant to Chapter 3, 4, or 7 of Title 37 unless the child is to be discharged into the physical custody of any person who had such custody when the court made its most recent finding that such child was deprived."
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, may 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. All laws and parts of laws in conflict with this Act are repealed.

Senator Oliver of the 42nd moved that the Senate agree to the House substitute to SB 3.

On the motion, 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 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

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Taylor Thomas

Thompson Turner

Tysinger

Those not voting were Senators:

Abernathy Garner

Henson Parrish

Slotin Walker

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 3.

The following resolution of the Senate was taken up for the purpose of considering the Conference Committee report thereon:

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 Conference Committee report on SR 21 was as follows:
The Committee of Conference on SR 21 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SR 21 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Johnny Isakson Senator, 21st District
/s/ Terrell A. Starr Senator, 44th District
/s/ Jane Hemmer Senator, 49th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ John Carlisle Representative, 107th District
/s/ William J. Lee Representative, 94th District
/a/ Tommy Smith Representative, 169th District

Conference Committee substitute to SR 21:

A RESOLUTION
Creating the Civil War Commission; to provide for the creation, composition, member ship, terms of office, vacancies, officers, and expense allowance of the commission; to provide for the powers and duties of the commission; to provide for the acquisition, maintenance, and restoration of Civil War battlefields and historic sites; to provide for the maintenance, protection, and interpretation of battlefields and historic sites under certain conditions; to provide for the assignment of the commission to the Department of Natural Resources for administrative purposes only; to provide for the Department of Natural Resources to fur nish certain personnel to assist the commission; to provide for an annual report of the com mission's activities; to provide for other matters relative to the commission; to repeal con flicting laws; and for other purposes.
WHEREAS, the Civil War period in Georgia is one of the most significant and distinc tive aspects of Georgia history which not only defined her people and places, but left its marks on the landscape and in the historic buildings and structures of a broad area of the state; and
WHEREAS, the trail that marked the battle route of Sherman's Atlanta Campaign of 1864 and the March to the Sea, from Chattanooga to Savannah, contains many historic resources; and

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WHEREAS, structures such as a rare early nineteenth century railroad tunnel, sites such as the place where Jefferson Davis was captured, ante-bellum homes and buildings, historic cemeteries, factory ruins, and battle sites still stand throughout Georgia; and
WHEREAS, the National Park Service and the National Civil War Battlefield Protec tion Commission, the Georgia Office of Historic Preservation, and numerous local preserva tionists and historians have created an inventory of historic properties and sites associated with this period in Georgia history; and
WHEREAS, the North Georgia and Coosa Valley Regional Development Centers and the Atlanta Regional Commission representing the ten-county area wherein the route of Sherman's Atlanta Campaign is located have nominated this area as a "Regionally Impor tant Resource" through the state-wide coordinated planning process; and
WHEREAS, there is widespread interest to preserve and promote Civil War period bat tlefields and historic properties and sites and to use these resources to encourage and sup port tourism and economic development; and
WHEREAS, interested public and private organizations and agencies at all levels have begun cooperative efforts which can benefit from a coordinating framework.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL AS SEMBLY OF GEORGIA:
Section 1. That there is created the Civil War Commission, hereafter referred to as the commission, to coordinate planning, preservation, and promotion of the structures, build ings, sites, and battlefields associated with this significant period of our common heritage.
Section 2. (a) That the commission is directed to:
(1) Develop a State of Georgia Civil War Sites Heritage Plan. The plan will promote heritage tourism and provide incentives to local landowners and local governments to pre serve Civil War battlefields and historic sites. Through cooperative agreements between lo cal governments, landowners, and the commission, such entities will work together to pre serve and restore historic sites;
(2) Preserve, conserve, and interpret the legacy of the Civil War in the State of Georgia;
(3) Recognize and interpret important events and geographic locations in the conduct of the Civil War in the State of Georgia, including battle sites associated with Adairsville, Dallas, Lovejoy Station, Marietta, New Hope Church, Resaca, Allatoona, Rocky Face Ridge, Ringgold Gap, Davis Cross Roads, Buckhead Creek, and Griswoldville, as well as other his toric properties associated with the events and consequences of the Civil War;
(4) Recognize and interpret the effect of war on the state's ethnically and culturally diverse civilian population during the war and the postwar reconstruction period;
(5) Establish within the state's Historic Resource Inventory as maintained by the De partment of Natural Resources a geographic data base and information system that can be used to locate, track, and cross-reference significant historical and cultural properties, struc tures, and markers associated with the Civil War;
(6) Acquire or provide funds for the acquisition of Civil War battlegrounds, cemeteries, and other historic properties associated with the Civil War;
(7) Expend funds received from state appropriations and other sources to make grants to municipalities, counties, and nonprofit Civil War organizations for the purposes of main taining and restoring existing Civil War memorials and cemeteries;
(8) Participate in and encourage efforts to establish a state museum to include displays illuminating Georgia's role in the Civil War and the effects of that war on Georgia and its people; and
(9) Encourage the establishment of reference sections relating to the Civil War in high schools and encourage heritage education programs.

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(b) That, in carrying out its purposes, the commission is authorized:
(1) To accept loans or grants, or both, of money, materials, or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may impose;
(2) To receive and accept loans, gifts, grants, donations, or contributions of property, facilities, or services, with or without consideration, from any person, firm, or corporation or from the State of Georgia or any agency or instrumentality thereof or from any county, municipal corporation, or local government or governing body; and
(3) To hold, use, administer, and expend such sum or sums as may hereafter be received as income, as gifts, or as appropriations by authority of the General Assembly for any of the purposes of this commission.
Section 3. That the commission is assigned to the Department of Natural Resources for administrative purposes only. The commissioner of natural resources shall appoint person nel within the Department of Natural Resources to facilitate the functions of the commission.
Section 4. (a) That, within the boundaries of Civil War battlefields as provided in the State of Georgia Civil War Sites Heritage Plan, the commission may, with the consent of the owner, acquire by donation, purchase, or exchange lands and interest in Civil War battle fields and memorials together with lands and interest in lands necessary to provide ade quate public access to the battlefields and memorials.
(b) That the commission may make funds available, subject to appropriations for such purpose, for the maintenance, protection, and interpretation of the battlefields and memori als which may be subject to agreements as provided in Section 2 of this resolution.
Section 5. (a) (1) That the commission shall consist of 15 members to be appointed as follows:
(A) The Governor shall appoint five members;
(B) The President of the Senate shall appoint five members; and
(C) The Speaker of the House of Representatives shall appoint five members.
(2) That members shall serve for four-year terms and shall be eligible for reappointment; provided, however, that with respect to the initial appointments, each appointing au thority provided for in paragraph (1) of this subsection shall appoint two members for twoyear terms, two members for three-year terms, and one member for a four-year term. The members shall be representative of all of the geographic areas of the state and shall be selected from the state at large with special consideration given to the appointment of per sons associated with those groups or organizations with a demonstrated interest in Civil War history and the preservation of associated sites.
(b) That all successors shall be appointed in the same manner as original appointments. Vacancies in office shall be filled in the same manner as original appointments. An appoint ment to fill a vacancy shall be for the unexpired term. The commission shall elect a chairperson and such other officers as it deems necessary. No vacancy on the commission shall impair the right of the quorum to exercise all rights and perform all duties of the commission.
(c) That the members of the commission shall receive a daily expense allowance and reimbursement for transportation costs as provided for in Code Section 45-7-21 of the O.C.G.A.; and the members of the commission shall not receive any other compensation for their services as such.
(d) That the commission shall file an annual report with the Governor and the General Assembly containing a summary of the accomplishments of the commission during the pre ceding year and the plans of the commission for the following year.

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(e) No state funds shall be expended for the purposes of the commission unless specifi cally appropriated by the General Assembly.
Section 6. That all laws and parts of laws in conflict with this resolution are repealed.
Senator Isakson of the 21st moved that the Senate adopt the Conference Committee report on SR 21.

On the motion, 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 Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden

Newbill Oliver Perdue Pollard Ragan of llth Ragan of 32nd Ralston Robinson Scott Starr Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Blitch Garner

Marable Middleton Parrish

Ray Slotin Taylor

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SR 21.

The following bill of the Senate was taken up for the purpose of considering the House action thereon:

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.

Senator Scott of the 36th moved that the Senate recede from its disagreement to the House substitute to SB 278, and agree to the House substitute to SB 278.

The House substitute to SB 278 was as follows:

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 provide an effective date; to repeal conflicting laws; and for other purposes.

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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 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, 2032, 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 find, amortization, and other costs and charges as provided in this subsection. In adopting its annual budget, the Board of the Metropolitan Atlanta 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 years'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

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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
(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. 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 motion, 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 Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable

Newbill Oliver Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Garner Gochenour

Langford of 35th Middleton Parrish

Perdue Slotin

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate receded from its disagreement to the House substitute to SB 278, and agreed to the House substi tute to SB 278.

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2047

The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed, by substitutes, by the requisite constitutional majority the fol lowing bills of the Senate:
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.
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.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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 House substitute to SB 139 was as follows:
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

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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 account 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 taxpayers 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 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

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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 his the commissioners'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 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 subjection (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 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 re quested; 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,

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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 his 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.
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 10 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 20 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.

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(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 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 whicrThas 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, due, 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

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(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 or ordinance by the governing authority of a taxing jurisdiction, the local collection official shall be authorized to develop and admin ister a one-time property tax amnesty program as provided in this article. Such governing authority shall be authorized to waive, in whole or in part, all penalties or interest or both with respect to outstanding ad valorem tax liabilities for all tax years ending or transactions occurring on or before December 31, 1992. The terms and conditions of such waiver shall be specified in the resolution or ordinance and may include a delegation of authority to the local collecting official of the authority to make such waiver, in whole or in part, on a caseby-case basis. 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 owed by any taxpayer, if required, waive all penalties and interest 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 December 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 necessary forms for the filing of property tax amnesty applications and returns?
(b) Any property tax amnesty program conducted under the authority of this article shairbegin 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.
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, if required, pays in full the interest due, for the periods applied for at the time of the application and pays the amount of any additional ad valorem tax and, if required, 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; and
(3) The local governing authority may by local resolution or ordinance impose 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 prop erty tax amnesty period all ad valorem taxes and, if required, penalties and interest previ ously levied and assessed that are final, due, and owing at the time the application or property tax amnesty tax returns are filed.

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(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 returnT
(c) The local collection official 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 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, if required, 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 npnreturning or underreturning of any 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 enter into an installment payment agreement authorized under subsection (c) of Code Sec tion 48-16-34, the failure to pay all taxes and, if required, interest as shown on the tax payer's property tax amnesty tax return shall invalidate any property tax amnesty granted pursuant to this articled
(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, if required, 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 any other provisions of this title, if any overpayment of ad valorem

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tax under this article is refunded or credited within 180 days after the return is filed, no interest shall be allowed^
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 20 percent of any defi ciency levied after the property tax amnesty period for taxable periods ending on or before December 31, 1992, regardless of 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.

Senator Starr of the 44th moved that the Senate agree to the House substitute to SB 139.

On the motion, 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 Crotts

Day Dean Edge Farrow Garner Gillis Glanton Gochenour Harbison Hemmer Hooks

Huggins Isakson Kemp Langford of 29th Madden Marable Middleton Newbill Oliver Perdue Pollard

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2055

Ragan of llth Ragan of 32nd Ralston Ray

Robinson Scott Starr Taylor

Thompson Turner Tysinger Walker

Voting in the negative was Senator Egan.

Those not voting were Senators:

Abernathy Clay Coleman Dawkins

Henson Hill Langford of 35th

Parrish Slotin Thomas

On the motion, the yeas were 45, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 139.

The following bill of the Senate was taken up for the purpose of considering the House action thereon:

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.

Senator Huggins of the 53rd moved that the Senate adhere to the Senate substitute to HB 750, and that a Conference Committee be appointed.

On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 750.

The President appointed as a Conference Committee on the part of the Senate the following:
Senators Day of the 48th, Glanton of the 34th and Huggins of the 53rd.

The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon:

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 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.

The Conference Committee report on HB 472 was as follows: The Committee of Conference on HB 472 recommends that both the Senate and the

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House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 472 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Terrell A. Starr Senator, 44th District
/s/ James W. Tysinger Senator, 41st District
/s/ Don Balfour Senator, 9th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ William J. Dover Representative, 9th District
/s/ Jere W. Johnson Representative, 84th District
/s/ Scott Dix Representative, 76th District

Conference Committee substitute to HB 472:

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 change the rate and procedures regarding the reimbursement deduction allowed to dealers for collecting certain sales and use taxes and the second motor fuel tax; to authorize a county or municipality under certain circum stances to expend taxes collected from certain levies for supporting a facility owned or oper ated by a local government or authority for convention or trade show and similar purposes; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking paragraph (1) and (2) of subsection (b) of Code Section 488-50, relating to compensation of dealers for reporting and paying the state sales and use tax, and inserting in their place new paragraphs (1), (2), and (3) to read as follows:
"(1) With respect to each certificate of registration number on such return, a deduction of 3 percent of the first $3,000.00 of the combined total amount of all sales and use taxes reported due on such return for each location other than the taxes specified in paragraph (3) of this subsection; tettd
(2) With respect to each certificate of registration number on such return, a deduction of one-half of 1 percent of that portion exceeding $3,000.00 of the combined total amount of all sales and use taxes reported due on such return for each location? other than the taxes specified in paragraph (3) of this subsection; and
(3) With respect to each certificate of registration number on such return, a deduction of 3 percent of the combined total amount due of all sales and use taxes on motor fuel as defined under paragraph (9) of Code Section 48-9-2, which are imposed under any provision of this title, including, but not limited to, Code Section 48-9-14 and sales and use taxes on motor fuel imposed under any of the provisions described in subsection (f) of this Code section."
Section 2. Said title is further amended by striking paragraph (2) of subsection (c) of Code Section 48-9-14, relating to the second motor fuel tax, and inserting in its place a new paragraph (2) to read as follows:
"(2) Dealers shall be allowed a percentage of the amount of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due. Each dealer shall be allowed a deduction of 8 percent of the amount due, but only if the amount woa not delinquent at the time of payment. Except as to fate, the The deduction shall be at the rate and subject to the requirements specified under subsec tions (b) through (f) of Code Section 48-8-50."

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2057

Section 3. Said title is further amended by striking in its entirety paragraph (3) of subsection (a) of Code Section 48-13-51, relating to county and municipal excise tax levies on public accommodations charges for the promotion of tourism, conventions, and trade shows, and inserting in lieu thereof a new paragraph to read as follows:
"(3) Notwithstanding the provisions of paragraph (1) of this subsection, a county (within the territorial limits of the special district located within the county) or municipality may levy a tax under this Code section at a rate of 5 percent. A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph (3)) an amount equal to the amount by which the total taxes collected under this Code section exceed the taxes which would be collected at a rate of 3 percent for the purpose of: (A) promoting tourism, conventions, and trade shows; (B) supporting a facility owned or operated by a state authority for convention and trade show purposes or any other similar or related purposes; (C) supporting a facility owned or oper ated by a local government or local authority for convention and trade show purposes or any other similar or related purposes, if a written agreement to provide such support was in effect on January 1, 1987, and if such facility is substantially completed and in operation prior to July 1, 1987; (D) supporting a facility owned or operated by a local government or local authority for convention and trade show purposes or any other similar or related pur poses if construction of such facility is funded or was funded prior to July 1, 1990, in whole or in part by a grant of state funds or is funded on or after July 1, 1990, in whole or sub stantially by an appropriation of state funds; ef (E) supporting a facility owned by a local government or local authority for convention and trade show purposes and any other similar or related purposes if construction of such facility is substantially funded or was substan tially funded on or after February 28, 1985, by a special county 1 percent sales and use tax authorized by Article 3 of Chapter 8 of Title 48, as amended and if such facility was sub stantially completed and in operation prior to December 31, 1993; or (F) for some combina tion of such purposes. Amounts so expended shall be expended only through a contract or contracts with the state, a department of state government, a state authority, a convention and visitors bureau authority created by local Act of the General Assembly for a municipal ity, or a private sector nonprofit organization, or through a contract or contracts with some combination of such entities, except that amounts expended for purposes (C) and (D) may be so expended in any otherwise lawful manner."
Section 4. Said Code section is further amended by striking in its entirety paragraph (4) of subsection (a) and inserting in lieu thereof a new paragraph (4) to read as follows:
"(4) Notwithstanding any other provision of this subsection, a county (within the terri torial limits of the special district located within the county) or municipality may levy a tax under this Code section at a rate of 6 percent. A county or municipality levying a tax pursu ant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph (4)) an amount equal to at least 43 lh percent of the total taxes col lected at the rate of 6 percent for the purpose of: (A) promoting tourism, conventions, and trade shows; (B) supporting a facility owned or operated by a state authority for convention and trade show purposes or any other similar or related purposes; (C) supporting a facility owned or operated by a local authority or local government for convention and trade show purposes or any other similar or related purposes, if a written agreement to provide such support was in effect on January 1, 1987, and if such facility is substantially completed and in operation prior to July 1, 1987; (D) supporting a facility owned or operated by a local government or local authority for convention and trade show purposes or any other similar or related purposes if construction of such facility is funded or was funded prior to July 1, 1990, in whole or in part by a grant of state funds or is funded on or after July 1, 1990, in whole or substantially by an appropriation of state funds; ef (E) supporting a facility owned by a local government or local authority for convention and trade show purposes and any other similar or related purposes if construction of such facility in substantially funded or was substantially funded on or after February 28, 1985, by a special county 1 percent sales and use tax authorized by Article 3 of Chapter 8 of Title 48, as amended and such facility was substantially completed and in operation prior to December 31, 1993; or (F) for some

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combination of such purposes. Amounts so expended shall be expended only through a con tract or contracts with the state, a department of state government, a state authority, a convention and visitors bureau authority created by local Act of the General Assembly for a municipality, or a private sector nonprofit organization, or through a contract or contracts with some combination of such entities, except that amounts expended for purposes (C) and (D) may be expended in any otherwise lawful manner. In addition to the amounts required to be expended above, a county or municipality levying a tax pursuant to this paragraph (4) shall further expend (in each fiscal year during which the tax is collected under this para graph (4)) an amount equal to at least 16 % percent of the total taxes collected at the rate of 6 percent for the purpose of construction or expansion of either: (A) a facility owned or operated by a state authority for convention and trade show purposes or any other similar or related purposes; (B) a facility owned or operated by a local authority or local govern ment for convention and trade show purposes or any other similar or related purposes, if such support is provided to a governmental entity with which the county or municipality levying the tax had in effect on January 1, 1987, a contractual agreement concerning govern mental support of a convention and trade show facility; (C) a facility owned or operated for convention and trade show purposes, visitor welcome center purposes, or any other similar or related purposes by a convention and visitors bureau authority created by local Act of the General Assembly for a municipality; er (D) a facility owned or operated for convention and trade show purposes or any other similar or related purposes by a coliseum and exhibit hall authority created by local Act of the General Assembly for a county and one or more munic ipalities therein; or (E) a facility owned by a local government or local authority for conven tion and trade show purposes and any other or related purposes if construction of such facility is substantially funded or was substantially funded on or after February 28, 1985, by a special county 1 percent sales and use tax authorized by Article 3 of Chapter 8 of Title 48, as amended and such facility was substantially completed and in operation prior to Decem ber 31, 1993. Amounts so expended to meet such 16 % percent expenditure requirement shall not be subject to the foregoing provisions of this paragraph requiring expenditure through a contract or contracts with certain entities."
Section 5. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
(b) Sections 1 and 2 of this Act shall become effective on July 1, 1993.
Section 6. All laws and parts of laws in conflict with this Act are repealed.

Senator Balfour of the 9th moved that the Senate adopt the Conference Committee report on HB 472.

On the motion, 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 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 Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott

TUESDAY, MARCH 23, 1993

2059

Starr Taylor

Thomas Thompson

Turner Tysinger

Those not voting were Senators:

Alien Clay Dawkins

Garner Henson Oliver

Slotin Walker

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 472.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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 House substitute to SB 214 was as follows:

A BILL
To be entitled an Act to amend Article 12 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to returns of elections and primaries, so as to authorize the clerk of superior court to designate the county records manager or the office or officer under the jurisdiction of the county governing authority which maintains or is responsible for records to receive certain records and materials relating to elections; 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 12 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to returns of elections and primaries, is amended by striking Code Section 21-2-500, relating to delivery of voting materials to the clerk of superior court, in its entirety and inserting in lieu thereof the following:
"21-2-500. Immediately upon completing the returns required by this article, the super intendent shall deliver in sealed containers to the clerk of the superior court or, if desig nated by the clerk of the superior court, to the county records manager or otfier office or officer under the jurisdiction of a county governing authority which maintains or is responsi ble for records, as provided in Code Section 50-18-99, the used, unused, and void ballots and the stubs of all ballots used, one copy of oaths of poll officers, one copy of the numbered lists of voters, tally paper, voting machine paper proof sheet, and return sheet involved in the primary or election. The clerk, county records manager, or the office or officer desig nated by the clerk shall hold such ballots and other documents under seal, {unless otherwise directed by the superior court), for at least 24 months, after which they shall be presented to the grand jury for inspection at its next meeting. Such ballots and other documents shall be preserved in the office of the clerk, county records manager, or officer designated by the clerk until the adjournment of such grand jury, and then they may be destroyed, unless otherwise provided by court order of the superior court."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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Senator Edge of the 28th moved that the Senate agree to the House substitute to SB 214.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Baugh Blitch Boshears Bwen Broun of 46th Brown of 26th BChuerteokns
Clay
Crotts Day Dean
Edge
Egan

Farrow Gillis Glanton Gochenour Harbison Hemmer Henson Hooks HIsuakgsgoinns
Kemp
Langford of 35th Langford of 29th Madden
Marable
Newbill

Oliver Parrish Perdue Pollard Ragan of R of Ralgton R ,,Ro[b.inson
Scott
Starr Thomas Thompson
Turner
Tysinger

Those not voting were Senators:

Alien Coleman Dawkins

Garner Hill Middleton

Slotin Taylor Walker

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 214.

Senator Garner of the 30th, President Pro Tempore, resumed the Chair.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

SB 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.

The House substitute to SB 240 was as follows:

A BILL
To be entitled an Act to provide a short title; to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so a to provide that, with regard to policies of workers' compensation, certain insurance cancellation or nonrenewal notice requirements shall be satisfied by the dispatching of the notice by certified mail, return receipt requested; to provide for the time of the dispatching of such notice; to repeal conflicting laws; and for other purposes.

TUESDAY, MARCH 23, 1993

2061

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. This Act shall be known and may be cited as the "Small Business Protection Act of 1993."
Section 2. Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, is amended by striking Code Section 33-24-47, relating to notices of termination, increases in premium rate, or changes restricting coverage, and inserting in its place a new Code Section 33-24-47 to read as follows:
"33-24-47. (a) Each insurer licensed to transact business in this state which issues or issues for delivery in this state policies or contracts of insurance insuring risks or residents in this state and insuring against liability for loss of, damage to, or injury to persons or property shall comply with the provisions of this Code section. This Code section shall not apply to personal automobile or personal property and casualty insurance policies. Cancella tion of a policy for failure of the named insured to discharge when due any obligations in connection with the payment of premiums or cancellation for any reason of a policy that has been in effect for less than 60 days shall be governed by the provisions of Code Section 3324-44.
(b) A notice of termination, including a notice of cancellation or nonrenewal, by the insurer, a notice of an increase in premiums, other than an increase in premiums due to a change in risk or exposure, including a change in experience modification or resulting from an audit of auditable coverages, which exceeds 15 percent of the current policy's premium, or a notice of change in any policy provision which limits or restricts coverage shall be deliv ered to the insured in person or by depositing the notice in the United States mail, to be dispatched by at least first-class mail to the last address of record of the insured, at least 45 days prior to the termination date of such policy; provided, however, that a notice of cancel lation or nonrenewal of a policy of workers' compensation insurance shall be controlled by the provisions of subsection (f) of this Code section. In those instances where an increase in premium exceeds 15 percent, the notice to the insured shall indicate the dollar amount of the increase. The insurer may obtain a receipt provided by the United States Postal Service as evidence of mailing such notice or such other evidence of mailing as prescribed or ac cepted by the United States Postal Service.
(c) The failure of an insurer to comply with the requirements of subsection (b) of this Code section shall entitle the policyholder to purchase, under the same premiums and policy terms and conditions, an additional 30 day period of insurance coverage beyond the termi nation date of such policy; provided, however, that the policyholder shall tender the pre mium amount, computed on a pro rata basis, to the insurer on or before the termination date. No provision of this Code section shall be construed as requiring the insurance cover age under a policy to be extended for more than 30 days from the termination date stated in such policy. There shall be no liability on the part of and no cause of action of any nature shall arise against the Commissioner or few the Commissioner's employees or against any insurer, its authorized representatives, its agents, its employees, or any firm, person, or cor poration furnishing to the insurer information as to reasons for cancellation or nonrenewal for any statement made by any of them and in written notice of cancellation or nonrenewal or in any other communication, oral or written, specifying the reasons for cancellation or nonrenewal or providing information pertaining thereto or for statements made or evidence submitted at any formal or informal hearing conducted in connection therewith.
(d) This Code section shall not apply to policies canceled in accordance with the provi sions of Chapter 22 of this title.
(e) Cancellation by the insured shall be accomplished in accordance with Code Section 33-24-44.1.
(f) A notice of cancellation or nonrenewal of a policy of workers' compensation insurance~shall be dispatched to the insured by certified mail, return receipt requested, to the last address of record of the insured at least 75 days prior to the termination date of such

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policy. The workers' compensation insurer shall retain the receipt of mailing provided by the United States Postal Service as evidence of mailing."
Section 3. 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 240.

On the motion, 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
BCf~,,huerteok, ns CClraoytts
Day Dean Edge
Egan Farrow

Gillis Glanton Gochenour Harbison Hemmer Henson
HTHTouogkgsm s IKsaekmspon
Langford of 35th Langford of 29th Madden
Marable Newbill

Oliver Parrish Perdue Pollard Ragan of llth R of 32nd
KD-aIl,s,*toTMn Ray Robinson
Starr Thomas Thompson
Turner Tysinger

Those not voting were Senators:

Abernathy Alien Bowen Coleman

Dawkins Garner (presiding) Hill Middleton

Scott Slotin Taylor Walker

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 240.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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.

The House substitute to SB 265 was as follows:

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

TUESDAY, MARCH 23, 1993

2063

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 NC03 VTD: OOP2 NC04 VTD: OOPS NC05 VTD: OOP4 NC06 VTD: OOP5 NC07 VTD: OOP6 NCOS VTD: OOP7 NC09 VTD: OOP9 NC11 VTD: OOR2 RW01 VTD: OOR3 RW02 VTD: OOR4 RW03 VTD: OOR5 RW04 VTD: OOR7 RW05 VTD: OOR8 RW06 VTD: OOR9 RW07 VTD: OOU7 SS01 VTD: OOW3 SS15 VTD: OOW5 SS18 VTD: OOW6 SS19 VTD: OOW7 SS20 VTD: OOW9 SS22 VTD: 00X3 AP02 VTD: 00X6 SS17

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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: 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: OOA4 7R VTD: OOA5 7S VTD: OOA8 8A VTD: OOA9 8B VTD: OOB1 8C VTD: OOB2 8D VTD: OOB3 8E VTD: OOB4 8F VTD: OOB5 8G VTD: OOB6 8H VTD: OOB7 8J VTD: OOB9 8L VTD: OOC1 8M VTD: OOC4 8R VTD: OOC7 8V VTD: OOU8 SS02 VTD: OOU9 SS03 VTD: OOV1 SS04 VTD: OOV2 SS05 VTD: OOV3 SS06 VTD: OOV4 SS07 VTD: OOV5 SS08 VTD: OOV6 SS09 VTD: OOV7 SS10 VTD: 00V8 SS11 VTD: OOV9 SS12 VTD: OOW1 SS13 VTD: OOW2 SS14 VTD: OOW4 SS16 VTD: OOW8 SS21 VTD: 00X5 SS23
Commissioner District 5
FULTON COUNTY VTD: 0039 3A VTD: 0040 3B

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2065

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: 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 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 11K VTD: OOH3 11L VTD: OOH4 11M VTD: OOK1 12L VTD: OOT7 SC14 VTD: 00X7 9T

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Commissioner District 6
FULTON COUNTY VTD: 0001 1A VTD: 0002 IB VTD: 0003 1C VTD: 0004 ID VTD: 0005 IE VTD: 0008 1J VTD: 0010 1L VTD: 0011 1M VTD: 0013 IP VTD: 0014 1R VTD: 0015 IS VTD: 0016 2A VTD: 0017 2B VTD: 0018 2C VTD: 0019 2D VTD: 0020 2E VTD: 0023 2H VTD: 0024 2J VTD: 0025 2K VTD: 0026 2L VTD: 0030 2R VTD: 0031 2S VTD: 0035 2W VTD: 0038 2Z VTD: 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: 0086 6K VTD: 0087 6N VTD: OOA3 7P VTD: OOH9 12A 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

TUESDAY, MARCH 23, 1993

2067

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 HP 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: COM2 EP06 VTD: COM3 EP07 VTD: OOM5 EP09 VTD: OOM6 EP10 VTD: OOM7 EP11 VTD: OOM8 EP12 VTD: OON1 EP14 VTD: OON2 EP15 VTD: OON3 FA01 VTD: OON4 HP01 VTD: 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

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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 for 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 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.

TUESDAY, MARCH 23, 1993

2069

Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Scott of the 36th moved that the Senate agree to the House substitute to SB 265.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Alien Baugh Blitch Boshears Broun of 46th Brown of 26th Burton Cheeks Coleman 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 Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Scott Slotin Thomas Thompson Turner Tysinger

Those not voting were Senators:

Balfour Bowen Clay Crotts

Garner (presiding) Glanton Oliver Robinson

Starr Taylor Walker

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 265.

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 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.

The Speaker has appointed on the part of the House, Representatives Smith of the 169th, Martin of the 47th and Yeargin of the 90th.

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The House has disagreed to the Senate substitute to the following resolution of the House:
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 House has disagreed to the Senate amendment, to the House substitute, to the following bill of the Senate:
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.
The House has disagreed to the Senate substitute to the following bill of the House:
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 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 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.
The Speaker has appointed on the part of the House, Representatives Simpson of the 101st, Cox of the 160th and Thomas of the 100th.
The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon:
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.
The Conference Committee report on HB 750 was as follows:
The Committee of Conference on HB 750 recommends that both the Senate and the

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2071

House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 750 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Waymond C. Huggins Senator, 53rd District
/s/ Pam Glanton Senator, 34th District
/s/ Clint Day Senator, 48th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Bill Cummings Representative, 27th District
/s/ Louise McBee Representative, 88th District
/s/ Ralph J. Twiggs Representative, 8th District

Conference Committee 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.
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 involuntary separation 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 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;
(2) 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
(3) 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

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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 members 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.

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 18, 1993

SUBJECT: House Bill 750 (Committee Substitute) (LC 21 2431S) Employees' Retirement System

This substitute bill entitles certain members the Employees' Retirement System to re tire 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 Re sources as a conservation ranger; or by the Department of Revenue as an alcohol and to bacco 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

Senator Huggins of the 53rd moved that the Senate adopt the Conference Committee report on HB 750.

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 Brown of 26th Burton Cheeks Clay Coleman

Crotts Dawkins Day Dean Edge Farrow Gillis Glanton Gochenour Harbison Hemmer

Henson Hill Hooks Huggins Isakson Langford of 35th Langford of 29th Madden Marable Middleton Newbill

TUESDAY, MARCH 23, 1993

2073

Oliver
Parrish Perdue Pollard
Ragan of llth

Ragan of 32nd
Ralston Ray Scott
Slotin

Taylor Thomas
Thompson Turner

Those not voting were Senators:

Abernathy Balfour Egan

Garner (presiding) Kemp Robinson

Starr Tysinger Walker

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 750.

The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House insists on its position in substituting the following bill of the Senate:

SB 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 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 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.

The Speaker has appointed on the part of the House, Representatives Dover of the 9th, Cox of the 160th and Titus of the 180th.

The House has passed by the requisite constitutional majority the following bill of the House:

HB 1133. By Representatives Dixon of the 150th, Pelote of the 149th, Mueller of the 152nd, Johnson of the 153rd and Johnson of the 148th:
A bill to repeal an Act creating the Intergovernmental Council of Chatham County.

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JOURNAL OF THE SENATE

The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
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.
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 610. By Representative Murphy of the 18th:
A resolution relative to adjournment.
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 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 Speaker has appointed on the part of the House, Representatives Johnson of the 153rd, Orrock of the 56th and Bordeaux of the 151st.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
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.
The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
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.

TUESDAY, MARCH 23, 1993

2075

The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
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 House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
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.
The following bills of the Senate and House were taken up for the purpose of consider ing the House action thereon:
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.
Senator Taylor of the 12th moved that the Senate adhere to the Senate amendment to the House substitute to SB 26, and that a Conference Committee be appointed.
On the motion, the yeas were 37, nays 1; the motion prevailed, and the Senate adhered to the Senate amendment to the House substitute to SB 26.
Senator Garner of the 30th, President Pro Tempore, who was presiding, appointed as a Conference Committee on the part of the Senate the following:
Senators Taylor of the 12th, Thomas of the 10th and Walker of the 22nd.
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.
Senator Blitch of the 7th moved that the Senate adhere to the Senate substitute to HB 964, and that a Conference Committee be appointed.
On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 964.

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JOURNAL OF THE SENATE

Senator Garner of the 30th, President Pro Tempore, who was presiding, appointed as a Conference Committee on the part of the Senate the following:
Senators Blitch of the 7th, Henson of the 55th and Hooks of the 14th.

The following resolution of the Senate was taken up for the purpose of considering the House amendment thereto:

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 House amendment was as follows:

Amend SR 131 by striking "ten" on page 4 and inserting "five".

Senator Hill of the 4th moved that the Senate agree to the House amendment to SR 131.

On the motion, 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
j Coleman D ay Dean Edge Egan Farrow

Gillis Glanton
Gochenour Hemmer Henson
Hill Hooks
H^ TI,Ks,aekm, spon Langford of 35th Langford of 29th Madden Marable Middleton Newbill

Parrish Perdue
Pollard Ragan of llth Ragan of 32nd
Ralston R
Robinson cSS,,.lcoot,tm.,t Starr Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Crotts Dawkins

Garner (presiding) Harbison

Oliver Walker

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SR 131.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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

TUESDAY, MARCH 23, 1993

2077

discloses information about another person's job performance under certain circumstances.

The House substitute to SB 175 was as follows:

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 the prospective employer or of the person seeking employment is presumed to be acting in good faith unless lack of good faith is shown by a preponderance of the evidence, unless the information was disclosed in violation of a nondisclosure agreement or the information dis closed 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.

Senator Clay of the 37th moved that the Senate agree to the House substitute to SB 175.

On the motion, 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 Coleman Crotts Dawkins Day

Dean Edge Egan Farrow Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Kemp

Langford of 35th Langford of 29th Madden Marable Newbill Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ray Robinson

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JOURNAL OF THE SENATE

Slotin Stair Thomas

Thompson Turner

Tysinger Walker

Those not voting were Senators:

Alien Bowen Cheeks Garner (presiding)

Huggins Isakson Middleton

Ralston Scott Taylor

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 175.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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.

Senator Abernathy of the 38th moved that the Senate agree to the House substitute to SB 351.

Senator Newbill of the 56th moved that the House substitute to SB 351 be printed.

On the motion offered by Senator Newbill of the 56th, the yeas were 20, nays 11; the motion prevailed, and the House substitute to SB 351 was ordered printed, and the action on the motion offered by Senator Abernathy of the 38th was postponed subject to the printing.

The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 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.

Senator Starr of the 44th moved that the Senate adhere to the Senate substitute to HB 265, 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 265.

Senator Garner of the 30th, President Pro Tempore, who was presiding, appointed as a Conference Committee on the part of the Senate the following:
Senators Starr of the 44th, Perdue of the 18th and Gillis of the 20th.

TUESDAY, MARCH 23, 1993

2079

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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.
The House substitute to SB 283 was as follows:
A BILL
To be entitled an Act 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 change provisions relating to nonpartisan elections for local government offices; to change the types of offices which may be made subject to nonpartisan election by local Act; to authorize local Acts to provide that such nonpartisan elections may be held during the general election without a prior nonpartisan primary; to require affidavits of political party or body affiliation upon qualifi cation for such a nonpartisan primary or election; to provide for identification of party affili ation on ballots; 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 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions relative to the selection and qualification of candi dates and presidential electors, is amended by striking in its entirety Code Section 21-2-139, relating to the nonpartisan election of county offices and local school boards and school superintendents, and inserting in lieu thereof the following:
"21-2-139. (a) Notwithstanding any other provisions of this chapter to the contrary, the General Assembly may provide by local Act for the nomination and election in nonpartisan primaries and elections of candidates to fill county judicial offices an4, offices of local school boards, and school superintendents offices of consolidated governments which are filled by the vote of the electors of said county or political subdivision. The Gelieral Assembly may provide by local Act for the election of such officers at nonpartisan elections without a prior nonpartisan primary. he Except as otherwise provided in this Code section, the procedures to be employed in such nonpartisan primaries, if applicable, and elections shall conform as nearly as practicable to the procedures governing nonpartisan primaries and nonpartisan elections as provided in this chapter. T-he Except as otherwise provided in this Code section, the election procedures established by any existing local law which provides for the nonpartlsan nomination, if applicable, and election of candidates to fill county offices shall conform to the general procedures governing nonpartisan primaries, if applicable, and nonpartisan elections as provided in this chapter, and such nonpartisan primaries, If applicable, and nonpartisan elections shall be conducted in accordance with the applicable provisions of this chapter, notwithstanding the provisions of any existing local law.
(b) In any nonpartisan primary or nonpartisan election provided for by local Act as authorized in this Code section, including school board elections, the political party or body affiliation of each candidate, as stated on his or her affidavit of candidacy, shall be indicated beside his or her name; or, if his or her affidavit of candidacy stated his or her independence of any such affiliation, the word 'Independent' shall be placed beside his or her nameT
(c) Any candidate for nomination in such a nonpartisan primary or election shall, in addition to all other requirements for qualifying as a candidate, execute and file with the appropriate official receiving other qualifying documents an affidavit stating the name of the

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JOURNAL OF THE SENATE

political party or political body with which he or she is affiliated or the fact that he or she is independent of any such affiliation."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Starr of the 44th moved that the Senate disagree to the House substitute to SB 283.
On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 283.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed, by substitutes, by the requisite constitutional majority the fol lowing bills of the Senate:
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.
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.
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 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.
The Speaker has appointed on the part of the House, Representatives Twiggs of the 8th, Murphy of the 18th and Colwell of the 7th.

TUESDAY, MARCH 23, 1993

2081

The House has agreed to the Senate amendment, as amended by the House, to the following bill of the House:
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.
The House has disagreed to the Senate substitute, to the House substitute, to the fol lowing bill of the Senate:
SB 285. By Senators Thompson of the 33rd, Ragan of the 32nd, Clay of the 37th and others:
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.
The House has disagreed to the Senate amendment to the following bill of the House:
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.
The House adheres to its position in insisting on its amendment, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate:
SB 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.
The Speaker has appointed on the part of the House, Representatives Thomas of the 100th, Orrock of the 56th and Bordeaux of the 151st.
The House has agreed to the Senate substitute, as amended by the House, to the fol lowing bill of the House:
HB 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.

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The following bill of the House was taken up for the purpose of considering the House action thereon:
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.
Senator Clay of the 37th moved that the Senate adhere to the Senate amendment to HB 333, 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 amendment to HB 333.
Senator Garner of the 30th, President Pro Tempore, who was presiding, appointed as a Conference Committee on the part of the Senate the following:
Senators Clay of the 37th, Oliver of the 42nd and Broun of the 46th.
The President resumed the Chair.
The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:
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 House amendment was as follows:
Amend SB 306 by adding on line 10 of page 1 after the word and symbol "resources;" and before the word "to" the following:
"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; to require writ ten permission for such killing; to require that such killing be done in the vicinity of dam aged property;".
By adding between lines 16 and 17 of page 2 a new Section 2 to read as follows:
"Section 2. 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, is amended by striking in its entirety Code Section 27-3-21, relating to the killing of bears by owners of beehives, and inserting in lieu thereof the following:
'27-3-21. T4ie Any property owner of a beehive or his or her agent shall have the right to kill any bear which shall constitute a clear and immediate threat to his or her property, provided that prior written permission to kill such bear has been obtained by the property owner of the beehive from the landowner, if the landowner is not the property owner tmd

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the beehive owner has equipped the beehive with cither a three strand fully operative elec tric fence on posts at least four feet above the ground or other protective least four feet above the ground or other protective device, when such other protective device hna been approved by the department; provided, further, that no such owner or agent shall have the right to destroy any bear unless it shall be killed within the vicinity of the threatened prop erty or unlcsa the bear shall have been tracked by dogs directly from the damaged property to the point of kill, provided, further, that the nearest office of department personnel charged with the administration and enforcement of thia title shall have been first given at leaat one hour's prior notice by the owner of the beehive or hia agent before tracking ahall

By renumbering Sections 2 and 3 as Sections 3 and 4, respectively.

Senator Garner of the 30th moved that the Senate agree to the House amendment as amended by the following amendment:

Amend the House amendment to SB 306 (AM 15 0262) by striking lines 10 through 13 of page 1 and inserting in lieu thereof the following:
"owners shall be allowed to petition the Department of Natural Resources to remove a bear constituting a threat to property; to provide for the form of such petition; to provide for the responsibilities and duties of the department relative to such petition;".
By striking lines 23 through 32 of page 1 and lines 1 through 13 of page 2 and inserting in lieu thereof the following:
" '27-3-21. !Phe Any property owner of a beehive or his or her agent shall have the right to kiH petition the department to remove any bear which shall constitute a clear and imme diate threat to his or her propertyT-providcd that prior written permission to kill such bear has been obtained by the owner of the beehive from the landowner, and the beehive owner has equipped the beehive with cither n three strand fully operative electric fence on posts at least four feet above the ground or other protective device, when such other protective de vice haa been approved by the department, provided, further, that no such owner or agent shall have the right to destroy any bear unless it ahall be killed within the immediate vicin ity of the threatened property or unlcaa the bear ahall have been tracked by doga directly from the damaged property to the point of kill, provided, further, that the nearest office of department personnel charged with the administration and enforcement of thia title shall have been firot given at least one hour's prior notice by the owner of the beehive or hia agent before tracking shall commence. The property owner shall petition the department for such removal on a form containing such information as may be necessary for the proper evalua tion and consideration of the application. Removal shall occur only in cases where the de partment has determined that the removal of the bear is justified. Representatives of the department are authorized to investigate claims of damage and the necessity of removal of the bear prior to taking action on the petition.' ".

On the motion, a roll call was taken, and the vote as follows:

Those voting in the affirmative were Senators:

Alien Balfour 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 Langford of 35th Langford of 29th Madden Marable

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Middleton Newbill Oliver Parrish Perdue
Pollard

Ragan of llth Ragan of 32nd Ralston Ray Robinson
Scott

Slotin Thomas
Tysinger Walker

Those not voting were Senators:

Abernathy Baugh Bowen

Dawkins Harbison Kemp

Starr Taylor Thompson

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 306 as amended by the Senate.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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 passen gers 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.

The House substitute to SB 7 was as follows:

A BILL
To be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change provisions relating to bicycle safety; to define certain terms; 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; to provide that failure to wear a helmet shall not be considered to constitute negligence or contributory negligence; to provide that persons under 16 years of age shall not be subject to any fine or imprisonment for any failure to wear a helmet; to provide for related matters; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended in Code Section 40-1-1, relating to definitions of terms, by adding new paragraphs (6.1), (6.2), and (6.3) to read as follows:
"(6.1) 'Bicycle path' means a right of way under the jurisdiction and control of this state or a local political subdivision thereof designated for use by bicycle riders.
(6.2) 'Bicycle trailer' means every device pulled by a bicycle and designed by the manu facturer of such device to carry human passengers.
(6.3) 'Infant sling' means every device which is designed by the manufacturer to be worn by a person for the purpose of carrying an infant either on the chest or back of the wearer."
Section 2. Said title is further amended in Code Section 40-6-292, relating to riding and

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carrying passengers on bicycles, by adding new subsections (c), (d), (e), and (f) to read as follows:
"(c) No person shall transport a child under the age of one year as a passenger on a bicycle on a highway, roadway, bicycle path, or sidewalk; provided, however, that a child under the age of one year may be transported on a bicycle trailer or in an infant sling so long as such child is seated in the bicycle trailer or carried in an infant sling according to the bicycle trailer's or infant sling's manufacturer's instructions, and the bicycle trailer is properly affixed to the bicycle according to the bicycle trailer's manufacturer's instructions or the infant sling is properly worn by the rider of the bicycle according to the infant sling's manufacturer's instructions and such child transported in a bicycle trailer or infant sling is wearing a bicycle helmet as required under paragragh (1) of subsection (e) of Code Section 40-6-296.
(d) No child between the ages of one year and four years shall ride as a passenger on a bicycle or bicycle trailer or be transported in an infant sling unless the child is securely seated in a child passenger bicycle seat, bicycle trailer, or infant sling according to the child passenger bicycle seat's, bicycle trailer's, or infant sling's manufacturer's instructions and the child passenger seat or bicycle trailer is properly affixed to the bicycle according to the child passenger bicycle seat's or bicycle trailer's manufacturer's instructions or the infant sling is worn according to the infant sling's manufacturer's instructions.
(e) Violation of subsections (c) and (d) of this Code section shall not constitute negli gence per se nor contributory negligence per se or be considered evidence of negligence or liability.
(f) No person under the age of 16 years failing to comply with subsections (c) and (d) of this Code section may be fined or imprisoned."
Section 3. Said title is further amended in Code Section 40-6-296, relating to bicycle equipment, by adding a new subsection (e) to read as follows:
"(e) (1) No person under the age of 16 years shall operate or be a passenger on a bicycle on a highway, bicycle path, or sidewalk under the jurisdiction or control of this state or any local political subdivision thereof without wearing a bicycle helmet.
(2) For the purposes of this subsection, the term 'bicycle helmet' means a piece of pro tective headgear which meets or exceeds the impact standards for bicycle helmets set by the American National Standards Institute (ANSI) or the Snell Memorial Foundation.
(3) For the purposes of this subsection, a person shall be deemed to wear a helmet only if a helmet of good fit is fastened securely upon the head with the straps of the helmet.
(4) No bicycle without an accompanying protective bicycle helmet shall be rented or leased to or for the use of any person under the age of 16 years unless that person is in possession of a bicycle helmet at the time of the rental or lease.
(5) Violation of any provision of this subsection shall not constitute negligence per se nor contributory negligence per se or be considered evidence of negligence or liability.
(6) No person under the age of 16 failing to comply with any provision of this subsec tion may be fined or imprisoned."
Section 4. If any provision of this Act is held by a court to be invalid, such invalidity shall not affect the remaining provisions of this Act; and to this end the provisions of this Act are declared severable.
Section 5. This Act shall become effective July 1, 1993.
Section 6. All laws and parts of laws in conflict with this Act are repealed.
Senator Garner of the 30th moved that the Senate agree to the House substitute to SB 7.

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On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Balfour Blitch Boshears Broun of 46th Brown of 26th
(^eek" Coleman Crotts j}ay Dean Edge Egan Farrow

Garner Gillis Harbison Hemmer Henson ffiu
Hooks upins Isakson Langford of 35th Langford of 29th Madden Marable Middleton

Newbill Oliver Parrish Perdue Pollard Ragan of mh
Ragan of 32nd *alston Ray Robinson Slotin Thomas Turner Tysinger

Voting in the negative were Senators Glanton and Gochenour.

Those not voting were Senators:

Abernathy Baugh Bowen Clay

Dawkins Kemp Scott Starr

Taylor Thompson Walker

On the motion, the yeas were 43, nays 2; the motion prevailed, and the Senate agreed to the House substitute to SB 7.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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.

The House substitute to SB 372 was as follows:

A BILL
To be entitled an Act 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 services pro duced by community based rehabilitation programs and training centers; to repeal a specific provision of law relating to the requirement that goods and services be obtained from shel tered workshops and training centers when certified available; to create the State Use Coun cil and provide for its composition, organization, powers, and duties; to provide for the reim bursement of members of the council for certain expenses; to provide for the procurement of

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2087

certain goods, wares, merchandise, and services produced by community based rehabilita tion programs and training centers; to designate a central nonprofit agency to represent the community based rehabilitation programs and training centers and to facilitate the procure ment of goods, wares, merchandise, and services needed by the state; to provide for contract management by the central nonprofit agency; to provide for program services by such agency; to require such agency to maintain certain records; to require the council and the Department of Administrative Services to prepare a list of goods, wares, merchandise, and services which can be set aside for purchase from community based rehabilitation programs and training centers; to provide for a fair market price for goods and services procured; to provide for guidelines for the certification of community based rehabilitation programs and training centers; to provide for determination of which persons are disabled for the purposes of this Act; to provide that prior experience shall not be required in order to participate in state procurement contracts; to provide for the Department of Administrative Services to contract with the central nonprofit agency for the payment of certain service fees based on the contracts procured for the state; to provide that the commissioner of administrative services shall retain the right to cancel or modify certain contracts for nonperformance rea sons; to provide for certain existing contracts; to provide an effective date conditioned on funds being appropriated; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing, is amended by striking in its entirety Code Section 50-5-74, relating to the requirement that goods and services be obtained from sheltered workshops and training centers when certified available, which reads as follows:
"50-5-74. (a) All services provided or goods, wares, or merchandise produced wholly or in part by the sheltered workshops and training centers operated by or in contract with the Department of Human Resources and needed by the departments, institutions, and agencies of the state and its political subdivisions supported wholly or in part by public funds shall be obtained from the sheltered workshops and training centers where availability of such services, goods, wares, or merchandise has been certified in writing by the commissioner of human resources and certified by the commissioner of administrative services as competi tive. Where not certified as available from the sheltered workshops and training centers, services, goods, wares, or merchandise shall be obtained from other agencies or activities of the state which are legally authorized to engage in the provision of such and have certified the availability with the advice and consent of the Department of Administrative Services.
(b) The certification as to the availability of such services, goods, wares, or merchandise by the commissioner of human resources shall be made by him based on standards which are promulgated by the Department of Human Resources. Such standards shall be devel oped in a manner which is designed to ensure fairness and equal participation of eligible providers and shall be approved by the Board of Human Resources.",
and inserting in lieu thereof the following:
"50-5-74. Reserved."
Section 2. Said article is further amended by adding following Part 4 a new Part 5 to read as follows:
"Part 5
50-5-135. (a) There is created the State Use Council, hereafter referred to as the coun cil. The council shall be composed of 15 members as follows:
(1) The commissioner of administrative services or his or her designee;
(2) The commissioner of human resources or his or her designee;
(3) The commissioner of community affairs or his or her designee;
(4) The commissioner of corrections or his or her designee;

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(5) Five members appointed by the Governor who shall represent the business commu nity of the state;
(6) Three members appointed by the Governor who shall represent a broad spectrum of persons with disabilities; and
(7) Three members appointed by the Governor who shall represent the interest of orga nizations representative of persons with disabilities.
(b) Initially, the nine members appointed pursuant to paragraphs (5) through (7) in subsection (a) of this Code section shall serve staggered terms of office as follows: three members for two years, three members for three years, and three members for four years. Thereafter, each member shall serve for a term of four years. Such members shall serve until the appointment and qualification of their successors. The members appointed by the Governor shall be selected from the state at large but shall be representative of all of the geographic areas of the state.
(c) All successors shall be appointed in the same manner as original appointments. Va cancies in office shall be filled in the same manner as original appointments. An appoint ment to fill a vacancy shall be for the unexpired term. The council shall elect its own of ficers. No vacancy on the council shall impair the right of the quorum to exercise all rights and perform all duties of the council.
(d) The members of the council shall receive no compensation for their services but shall be entitled to and shall be reimbursed for their actual expenses, including travel and any other expenses incurred in the performance of their duties. Reimbursement for travel by a personal motor vehicle shall be made in the same manner and subject to the same limitations as provided for state employees under Code Section 50-19-7.
(e) The council shall have perpetual existence. Any change in name or composition of the council shall in no way affect the vested rights of any person under this part or impair the obligations of any contracts existing under this part.
50-5-136. (a) The State Use Council shall have the authority authorized in this part concerning the procurement of certain services provided and goods, wares, and merchandise produced by community based rehabilitation programs and training centers and purchased by the Department of Administrative Services. All services provided or goods, wares, or merchandise produced wholly or in part by the community based rehabilitation programs and training centers operated by or under contract with the Department of Human Re sources and needed by the departments, institutions, and agencies of the state and its politi cal subdivisions supported wholly or in part by public funds shall be obtained from commu nity based rehabilitation programs and training centers where availability of such services, goods, wares, or merchandise has been certified in writing by the council.
(b) The State Use Council shall have the following powers and authority:
(1) To designate a central nonprofit agency to represent community based rehabilita tion programs and training centers in the state and to facilitate the distribution of orders of the State of Georgia for goods, wares, merchandise, and services on the procurement list among certified community based rehabilitation programs and training centers. As used in this part, the term 'central nonprofit agency' means an agency organized under the laws of Georgia and operated in the interest of persons with disabilities in Georgia, the net income of which does not inure in whole or in part to the benefit of any shareholder or individual. The central nonprofit agency shall be selected using criteria established by the council and shall be selected for a period not to exceed two years, provided that an agency may succeed itself as the central nonprofit agency. The central nonprofit agency will be responsible for selecting the community based rehabilitation program and training center to perform a spe cific contract for work ordered by the state. Consideration will be given to the strengths of the particular organization, prior work history, and the ability to produce within time and budgetary parameters. Only programs and centers which have been certified by the council will be eligible for state use contracts. Once the community based rehabilitation program and training center has been selected and a subcontract has been established between that

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community based rehabilitation program and training center and the central nonprofit agency, the central nonprofit agency shall provide management and quality control assis tance in the administration of the project. This may be in the form of quality assurance procedures, time and date deadlines, technical assistance in assembly, or a variety of other activities concerning the project at hand. Other than on a specific contract basis, the central nonprofit agency will offer training programs, certification workshops, quality control work shops, and other technical, management, marketing, and general assistance programs to par ticipating programs and centers in the state. These programs may not be mandatory in all cases, however, they will be offered to help the various programs and centers become more productive and efficient in their handling of state use contracts and other work as well. The central nonprofit agency shall maintain the necessary records and data concerning contracts with certified community based rehabilitation programs and training centers and shall maintain communication with community based rehabilitation programs and training cen ters during the conduct of a contract which has been let with the program and center for various program services as necessary and appropriate;
(2) To develop, in conjunction with the Department of Administrative Services, a list of goods, wares, merchandise, and services which shall be set aside for purchase from commu nity based rehabilitation programs and training centers. This list shall be reviewed annually and goods, wares, merchandise, and services may be added or deleted as necessary and appropriate;
(3) To establish fair market prices for commodities or services on the selected procure ment list and to consider recommendations from the procuring agencies, the central non profit agency, and other relevant sources. The central nonprofit agency shall analyze the data and submit a recommended fair market price to the council along with detailed justifi cation necessary to support the recommended prices. Pricing guidelines shall be established by the council in association with standard methodology for determining fair market value. However, the fair market prices shall not exceed the prices normally paid by state agencies for such commodities or services;
(4) To oversee and assist in the development of guidelines for the certification of com munity based rehabilitation programs and training centers in the State of Georgia. The in tent of these guidelines shall be to evaluate the qualifications and capabilities of community based rehabilitation programs and training centers interested in certification; to determine criteria for quality, efficiency, timeliness, and cost effectiveness in the production of goods, wares, merchandise, and services to be procured under the state use plan and purchased by the State of Georgia; and to establish a certification process which shall enable community based rehabilitation programs and training centers qualified under this process to compete in procurement activities provided for by this part. All community based rehabilitation pro grams and training centers which are certified by the commissioner of human resources at the time of the effective date of this part shall not have to undergo the certification evalua tion and approval process until 24 months from said effective date;
(5) With respect to the certification process and the designated community based reha bilitation programs and training centers which may enter into contracts under this part, to establish criteria for determining what constitutes a substantial handicap to employment that prevents the individual under the disability from currently engaging in normal compet itive employment. In establishing the criteria, the council shall consult with appropriate entities of government and take into account the views of nongovernmental entities repre senting the severely handicapped. The council shall give weight to the criteria established by the federal committee for purchase of products and services of the blind and other se verely handicapped persons, pursuant to the federal Wagner-O'Day Act (41 U.S.C. Sections 46-48b), as amended; and
(6) To make an annual report to the Governor and the General Assembly concerning its activities under this part and the activities and contracts provided by the central nonprofit agency.

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50-5-137. Notwithstanding any other provisions of law to the contrary, certified commu nity based rehabilitation programs and training centers conducting contract work under the state use plan and under the auspices of the central nonprofit agency shall not be required to have prior experience in providing the goods, wares, merchandise, or services in a given contract in order to participate in these contracts.
50-5-138. (a) The Department of Administrative Services shall contract with the central nonprofit agency to pay a fee to such agency on the basis of contracts procured from the state. This fee shall be not less than 5 percent nor more than 8 percent of the total contract fee awarded for a particular project. The fees will be added to the fair market price paid by the state agencies and political subdivisions or will be paid from assessments received from the state agencies and political subdivisions by the Department of Administrative Services. The timeliness and methodology of collection of these fees will be decided upon between the Department of Administrative Services and the central nonprofit agency and shall be incor porated into such contract.
(b) The commissioner of administrative services retains the right to cancel or modify contracts which have been selected for procurement under this part for nonperformance and noncompetitive pricing reasons.
(c) All contracts which presently exist between the State of Georgia and community based rehabilitation programs and training centers in Georgia, including the State of Geor gia administered Georgia Industries for the Blind, shall be grandfathered in perpetuity, ex cepting for nonperformance reasons according to the policies, regulations, and determina tion of the Department of Administrative Services."
Section 3. This Act shall become effective only when funds are specifically appropriated for purposes of this Act in an appropriations Act making specific reference to this Act.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Garner of the 30th moved that the Senate agree to the House substitute to SB 372.

On the motion, 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 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 32nd Ralston Robinson Slotin Thomas Turner Walker

Those not voting were Senators:

Abernathy Baugh Bowen Dawkins

Ragan of llth Ray Scott Starr

Taylor Thompson Tysinger

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2091

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 372.

The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:

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.

The House amendment was as follows:

Amend SB 156 by striking in its entirety paragraph (7) on lines 11 through 13 on page 2 and renumbering existing paragraphs (8) and (9) as paragraphs (7) and (8);
by striking on line 16 of page 2 after the number "40-6-931;" the following: "and";

by striking on line 18 of page 2 after the word "the" the following: "city,";

by striking on lines 18 and 19 of page 2 beginning after the word "county" on line 18 the following:
", or municipal governing authority."
and by inserting a new paragraph following line 19 on page 2 to read as follows:
"(9) After the final partial or installment payment, the surcharge provided for in Code Sections 15-21-100 and 15-21-101 for the Drug Abuse Treatment and Education Fund."

Senator Pollard of the 24th moved that the Senate agree to the House amendment to SB 156.

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 Broun of 46th Brown of 26th Burton Cheeks Coleman Crotts 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

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Those not voting were Senators:

Bowen Clay

Dawkins Garner

Isakson

On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 156.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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 House substitute to SB 222 was as follows:

A BILL
To be entitled an Act to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, so as to change the provi sions relating to smoking in public places; to authorize smoking in certain designated areas; to provide exceptions to the prohibition against smoking in public places; to preempt local jurisdictions from imposing any regulation relating to use, distribution, or promotion of to bacco products which is more restrictive than this Act; to provide exceptions to such pre emption; to regulate the sale or distribution to or possession by minors of tobacco products; to change the provisions relating to the sale of cigarettes, tobacco products, or tobacco re lated objects in vending machines; to change the definition of "minor"; to change a certain penalty; to restrict locations for vending machines; to restrict the distribution of tobacco product samples and to restrict locations where free samples may be distributed; to provide for penalties; to provide for enforcement, remedies, and defenses; to provide for inspections by law enforcement agencies; to provide for a report to be submitted to the secretary of the United States Department of Health and Human Services; 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 include 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. Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, is amended by striking in its entirety Code Sec tion 16-12-2, relating to the offense of smoking in public places, and inserting in lieu thereof a new Code Section 16-12-2 to read as follows:
"16-12-2. (a) A person who smokes tobacco in any form in any of the following public places shall be guilty of a misdemeanor:
(1) An enclosed elevator which is used by or open to the public and which is clearly designated by a no-smoking sign;
(2) Any place on a public transportation vehicle which is used by the public and which is clearly designated by a no-smoking sign; or

TUESDAY, MARCH 23, 1993

2093

(3) Any area which is used by or open to the public and which is clearly designated by a no-smoking sign.
(b) Smoking shall be prohibited in all public places and places of employment in the State~bf Georgia, except in designated smoking areas that may be provided in such public places and places of employment and as otherwise provided in this Code section.
(c) This Code section shall be cumulative to and shall not prohibit the enactment of any other general and local laws, rules and regulations of atatc or local agencies, and local ordinances prohibiting smoking which arc more restrictive than this Code section. As used in this Code section, the term:
(1) 'Designated smoking area':
(A) In a restaurant, means an area of contiguous seating where smoking is permitted and which:
(i) Is situated so existing barriers and existing ventilation systems are used to minimize tobacco smoke;
(ii) Is marked by appropriate signs;
(iii) Does not include service lines or cashier areas; and
(iv) Is proportionate in size to the number of customers normally requesting a smoking area;
(B) In a place of employment, means an area where smoking is permitted and which:
(i) Is not frequented by the public;
(ii) Is not a nonsmoker's immediate work area; and
(iii) Is no more than 50 percent of the available space in an employee lounge or cafete ria; and
(C) In a public place, means an area where smoking is permitted and designated by the owner, operator, or manager thereof which is not an area where smoking is already prohib ited by fire marshal regulation and which:
(i) Is a designated area of a lobby; or
(ii) Includes designated rooms or areas of a public place.
(2) 'Place of employment' means any enclosed area under the control of a public or private employer which employees frequent during the course of employment, including, but not limited to, work areas, restrooms, employee lounges, cafeterias and snack bars, confer ence and meeting rooms, lobbies, and reception areas. A private residence is not a 'place of employment' unless it is used as a child care facility or a health care facility. The dining area of a restaurant shall not be treated as a 'place of employment' under this Code section.
(3) 'Public place' means any enclosed area to which the public is invited or in which the public is permitted, including, but not limited to, restaurants, stores, waiting rooms, lobbies, elevators, public transit, public transportation facilities, restrooms, enclosed shopping malls, educational, recreational, and health care facilities, child care facilities, auditoriums, thea ters, arenas, bowling alleys, bingo parlors, and meeting rooms. Food courts within enclosed shopping malls shall be treated as restaurants under this Code section. A private residence is not a 'public place' unless it is used as a child care facility or health care facility.
(d) The regulation of smoking pursuant to this Code section shall not apply in the following areas:
(1) Bars;
(2) Banquet or meeting rooms when these rooms are being used for private functions; and

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(3) Seating areas in outdoor restaurants, stadiums, arenas, or other outdoor areas where events are held.
(e) No designated smoking area shall be permitted in any health care or child care facility?
(f) Nothing in this Code section shall preclude the proprietor or person in charge of a public"place or workplace to prohibit smoking in its entirety or to allow smoking in accor dance with this Code section.
(g) Except as otherwise provided in this Code section, no state agency, county, municipalityTor other political subdivision or agency jurisdiction may impose any requirement or regulation relating to the use, distribution, or promotion of tobacco products which is more restrictive than the provisions of this Code section, except with respect to such use of to bacco products upon property owned or leased by such agency, department, instrumentality, or political subdivision.
(h) Any local rules or ordinances in effect prior to February 1, 1993, will be exempt fronfthe provisions of this Code section. In the event that the local rule or ordinance is amended, suspended, rescinded, or rendered, in whole or in part, ineffective by a court deci sion, the exemption provided in this subsection shall not apply and provisions of this Code section shall apply.
{b} (i) A person convicted of violating subsection (a) of this Code section shall be pun ished by a fine of not less than $10.00 nor more than $100.00."
Section 2. Said chapter is further amended in Code Section 16-12-170, relating to defi nitions, 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 W 1_8 years."
Section 3. Said chapter 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, tobacco products, or tobacco related objects by a person when such person has been furnished with proper identification showing that the person to whom the cigarettes, tobacco products, or tobacco related objects are sold is VJ- 18 years of age or older.
(3) Any person who violates this subjection shall be guilty of a misdemeanor, provided, however, for a first offcnac the sentence shall be suspended."
Section 4. Said chapter is further amended by striking subsection (a) of Code Section 16-12-172, 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, tobacco products, or tobacco related objects are sold or offered for sale shall post in a conspicuous place a sign which shall contain the following statement:
'SALE OF CIGARETTES, TOBACCO, TOBACCO PRODUCTS, OR TOBACCO RE LLAAWTE.'D OBJECTS TO PERSONS UNDER W ~1~8 YEARS OF AGE IS PROHIBITED BY
Such sign shall be printed in letters of at least one-half inch in height."
Section 5. Said chapter 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

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2095

which dispenses cigarettes, tobacco products, 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, TOBACCO PRODUCTS, OR TOBACCO RE LATED OBJECTS FROM THIS VENDING MACHINE BY ANY PERSON UNDER W 18 YEARS OF AGE IS PROHIBITED 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;
(B) In areas which are in the immediate vicinity, plain view, and control of an employee under the continuous supervision of the proprietor of the establishment or an employee who will observe and control the purchase of cigarettes, tobacco products, 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 6. Said chapter is further amended by adding two new Code sections at the end of Article 7, to be designated Code Sections 16-12-174 and 16-12-175, to read as follows:
"16-12-174. (a) As used in this Code section, the term 'tobacco product sample' means a tobacco product distributed to members of the general public at no cost for purposes of promoting the product.
(b) It shall be unlawful for any person to distribute any tobacco product sample to any person under the age of 18 years.
(c) A person distributing tobacco product samples shall require proof of age from a prospective recipient if an ordinary person would conclude on the basis of appearance that such prospective recipient may be under the age of 18 years.
(d) It shall be unlawful for any person who has not attained the age of 18 years to receive or attempt to receive any tobacco product sample.
(e) No person shall distribute tobacco product samples on any public street, sidewalk, or park within 500 fee of any school or playground when those facilities are being use pri marily by persons under the age of 18 years.
(f) Violation of this Code section shall be punished as a misdemeanor.
16-12-175. (a) The provisions of this article, inclusive, shall be enforced through actions brought in any court of competent jurisdiction by the prosecuting attorney for the county in which the alleged violation occurred. Any fine collected for a violation of said provision shall be paid to the clerk of the court of the jurisdiction in which the violation occurred. Upon receipt of a fine for any violation of said provision, the clerk shall promptly notify the De partment of Public Safety of the Violation.
(b) The Department of Public Safety, acting through the sheriffs of the several counties and chiefs of police of the several cities shall annually conduct random, unannounced in spections at locations where tobacco products are sold or distributed to ensure compliance with this article. Persons under the age of 18 years may be enlisted by such sheriffs or chiefs of police, or employees thereof, to test compliance with this article; provided, however, that such persons may be used to test compliance with said article only if the testing is con ducted under the direct supervision of said sheriffs or chiefs of police, or employees thereof,

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and written parental consent has been provided. Any other use of persons under the age of 18 years to test compliance with this article or any other prohibition of like or similar im port shall be unlawful and the person or persons responsible for such use shall be subject to the penalties prescribed in this article. The Department of Public Safety shall prepare an nually for submission by the Governor to the secretary of the United States Department of Health and Human Services the report required by section 1926 of subpart I of part B of Title XIX of the federal Public Health Service Act, 42 U.S.C. 300x-26."
Section 7. 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 lieu thereof a new subsection (d) to read as follows:
"(d) The commissioner may make rules and regulations governing the sale of cigars and cigarettes and other tobacco products in vending machines. The commissioner may shall require annually a special registration of each vending machine for any operation in this state and charge a license fee for the 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 and other tobacco products contained in the machine bear the tax stamp required under this chapter."
Section 8. All laws and parts of laws in conflict with this Act are repealed.

Senator Robinson of the 16th moved that the Senate agree to the House substitute to SB 222 as amended by the following amendment:

Amend the House substitute to SB 222 by striking in their entirety lines 1 through 10 of page 1 and inserting in lieu thereof the following:
"To amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, so as to regulate the sale or distribution to or".
By striking in its entirety Section 1 beginning on line 2 of page 2 and continuing through line 24 of page 5.
By striking in its entirety line 25 of page 5 and inserting in lieu thereof the following:
"Section 1. Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, is amended in Code".
By renumbering the remaining Sections 3 through 8 of such substitute as Sections 2 through 7, respectively.

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 Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks 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 Parrish Perdue Pollard Ragan of llth

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2097

Ragan of 32nd
Ralston Ray Robinson Scott

Slotin Starr
Taylor Thomas

Thompson Turner
Tysinger Walker

Those not voting were Senators:

Blitch Clay

Dawkins

Garner

On the motion, the yeas were 52, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 222 as amended by the Senate.

The following resolution of the House was read and put upon its adoption:

HR 610. By Representative Murphy of the 18th:
A resolution amending HR 541, adopted previously by striking the "7:00 o'clock P.M." hour of adjournment and inserting in its place a "9:00 o'clock P.M." hour of adjournment.

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 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 Marable Middleton

Newbill Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ray Robinson Scott Slotin Starr Thomas Thompson Turner Tysinger

Those not voting were Senators:

Alien Balfour Garner

Madden Ralston

Taylor Walker

On the adoption of the resolution, the yeas were 49, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

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The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon:

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.

The Conference Committee report on HB 206 was as follows:
The Committee of Conference on HB 206 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 206 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Rooney L. Bowen Senator, 13th District
/s/ Don Cheeks Senator, 23rd District
/s/ G. B. Pollard, Jr. Senator, 24th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Robert Harris Representative, 112th District
/s/ Van Streat, Sr. Representative, 167th District
/s/ Ralph Twiggs Representative, 8th District

Conference Committee substitute to HB 206:

A BILL
To be entitled an Act to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to change the minimum annual salaries of clerks of the superior courts, judges of the probate courts, and sheriffs; to change the population brackets for such salaries; to change the effective date of cost-of-living increased in such salaries; to clarify the method of calculating longevity increases; to amend Code Section 48-5-183 of the Official Code of Georgia Annotated, relating to minimum salaries of tax commissioners and tax col lectors, so as to provide that such officials in certain counties shall not be entitled to certain fees; to change the minimum annual salaries and population brackets for such salaries of tax collections and tax commissioners; to change the effective date of cost-of-living increases in such salaries; to clarify the method of calculating longevity increases; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking subsections (a) and (b) of Code Section 15-6-88, relating to minimum salaries for clerks of the superior courts, and inserting in lieu thereof new subsections to read as follows:
"(a) Any other provision of law to the contrary notwithstanding, the minimum annual salary of each clerk of the superior court in each county of this state shall be fixed according to the population of the county in which he or she serves, as determined by the United States decennial census of 1990 or any future such census. Except as otherwise provided in subsection (b) of this Code section, each such clerk shall receive an annual salary, payable in equal monthly installments from the funds of the county, of not less than the amount fixed in the following schedule:

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2099

Population

Minimum Salary

6,000 -- 11^999 .................................. 12,000 -- 19,999 ..................................

30,000------30,000

...................................... 20,0769e

29,000 -- 38,999 ............................................ 31,859.00

40,000 39,000 -- 49,999 ............................. 80,804.00 33,851.00

50,000 -- 00,000 74,999 ............................ 32,712.00 36,180.00

75,000 -- 99,999 ~~~ ..................................... 38,834.00

100,000 -- 100,000 149,999 ........................... 34,620.00 41,489.00

150,000 -- 199,999 ............................................ 46,023.00

200,000 -- 249,999 .................................. 86,346.00 50,735.00

206,000----and up ...............

66,486.00

300,000 or more .............. ............................... 60,797.00

(b) On and after July 1,1002 1994, whenever the employees in the classified service of the state merit system receive a cost-of-living increase of a certain percentage or a certain amount, the amounts fixed in the minimum salary schedule in subsection (a) of this Code Section 15-10-105, or the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to subsection (a) of Code Section 15-6-90, where applicable shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amounts fixed in the minimum salary schedule in subsection (a) of this Code section, in Code Section 15-6-89, and in subsection (b) of Code Section 15-10-105, or the amounts derived through the appli cation of longevity increases, shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amounts fixed in the minimum salary schedule in subsection (a) of this Code section, in Code Section 15-6-89, in subsection (b) of Code Section 15-10-105, or the amounts derived through the application of longevity increases, as authorized by this subsection shall become effective si* months on the first day of January following the date that the cost-of-living increases re ceived by state employees become effective; provided, however, that if the cost-of-living in creases received by state employees become~effective on January 1, such periodic changes in the amounts fixed in the minimum salary schedule in subsection (a) of this Code section, in Code Section 15-6-89, and in subsection (b) of Code Section 15-10-105, or the amounts de rived by increasing each of said amounts through the application of longevity increases pur suant to subsection (a) of Code Section 15-6-90, shall become effective on the same date that the cost-of-living increases received by state employees become effective."
Section 2. Said title is further amended by striking in its entirety subsection (a) of Code Section 15-6-90, relating to longevity increases for clerks of the superior courts, and in serting in lieu thereof a new subsection to read as follows:
"(a) The amounts provided in subsection (a) of Code Section 15-6-88 and Code Sections 15-6-89 and 15-10-105, as increased by subsection (b) of Code Section 15-6-88, shall be in creased by 6 percent per each four year term of office multiplying said amounts by the percentage which equals 5 percent times the number of completed four-year terms of office served by any clerk after December 31, 1976, figured at the-end effective the first day of January following the completion of each such period of service."
Section 3. Said title is further amended in Code Section 15-9-63, relating to minimum

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salaries for judges of the probate courts, by striking in its entirety subsection (a) and in serting in lieu thereof a new subsection to read as follows:
"(a) (1) Any other laws to the contrary notwithstanding, the minimum annual salary of each judge of the probate court in this state shall be fixed according to the population of the county in which he or she serves, as determined by the United States decennial census of 1990 or any future such census. Each such judge of the probate court shall receive an annual salary, payable in equal monthly installments from the funds of his or her county, of not less than the amount fixed in the following schedule:

Population

Minimum Salary

0 -- 5,999 .................................. $16,402.00 17,921.00 6,000 -- 11,999 .................................. 20,387.00 24,610.00 12,000 -- 19,999 .................................. 22,601.00 27,879.00 20,000 -- 3999 28,999 ............................ 24,067.00 29,868.00 30,000------30,000 ............................................ 27,611.00 29,000 -- 38,999 ........................................... 31,859.00

50,000 -- 00,000 74,999 ............................ 31,841.00 36,180.00 75,000 -- 99,999 ........................................... 38.834.00 100,000 -- 100,000 149,999 ........................... 37,704.00 41,489.00 150,000 -- 199,999 ............................................ 46,023.00 200,000 -- 204,000 249,999 ........................... 46,803.00 50,735.00 250,000 -- 299,999 ............................................ 55,486.00 206,000 300,000 or more .............................. 60,468.00 60,797.00

(2) On and after July 1, 1002 1994, whenever the employees in the classified service of the state merit system receive a cost-of-living increase of a certain percentage or a certain amount, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsec tion and in Code Section 15-9-64, or the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to Code Section 15-9-65, where applicable shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase received by state employees is in differ ent percentages or different amounts as to certain categories of employees, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Sec tion 15-9-64, or the amounts derived through the application of longevity increases, shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Plan ning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 15-9-64, or the amounts derived through the application of longevity increases, as authorized by this paragraph shall become effective six months on the first day of January following the date that the cost-of-living increases received by state employees become effective; provided, however, that if the costof-living increases received by state employees become effective on January 1, such periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this sub section and in Code Section 15-9-64, or the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to Code Section 15-9-65, where applicable, as authorized by this paragraph shall become effective on the same date that the cost-of-living increases received by state employees become effective?1
Section 4. Said title is further amended by striking in its entirety Code Section 15-9-65, relating to longevity increases for judges of the probate courts, and inserting a new Code section to read as follows:
"15-9-65. The amounts provided in paragraph (1) of subsection (a) of Code Section 15-

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2101

9-63 and Code Section 15-9-64, as increased by paragraph (2) of subsection (a) of Code Section 15-9-63, shall be increased by 6 percent for each four year term of office multiplying said amounts by the percentage which equals 5 percent times the number of completed four-year terms of office served by any judge of a probate court after December 31, 1976, figured at the end effective the first day of January following the completion of each such period of service. This Code section shall not be construed to affect any local legislation except where the local legislation provides for a salary lower than the salary provided in Code Sections 15-9-63, 15-9-64, this Code section, and Code Sections 15-9-66 and 15-9-67, in which event Code Sections 15-9-63, 15-9-64, this Code section, and Code Sections 15-9-66 and 15-9-67 shall prevail."
Section 5. Said title is further amended in Code Section 15-16-20, relating to minimum annual salaries of sheriffs, by striking subsections (a) and (b) in their entirety and inserting in lieu thereof new subsections to read as follows:
"(a) (1) Any other law to the contrary notwithstanding, the minimum annual salary of each sheriff in this state shall be fixed according to the population of the county in which he or she serves, as determined by the United States decennial census of 1990 or any future such census. Except as otherwise provided in paragraph (2) of this subsection, each such sheriff shall receive an annual salary, payable in equal monthly installments from the funds of his the sheriff's county, of not less than the amount fixed in the following schedule:

Population

Minimum Salary

0 -- 5,999 .....................

d>oo QK1 QA OK 9^7 00

6,000 -- 11,999 .....................

oc 799 Ofl 9ft 1 R4 00

12,000 -- 19,999 ..................... ............. 20,630.00 32,365.00

20,000 -- 39^999 28,999 ............... ............. 32,626.00 35,639.00

29,000 -- Qfl f\f\f\ QQ QQQ

39,000 -- 49,999 .................... ............. 38,601.00 41,852.00

50,000 -- UU,9UU 74,i?i7y ............... ............. 41,487.00 45,418.00

75,000 -- 99,999 ............................................. 46,814.00

100,000 -- 100,000 149,999 ........................... 44,308.00 48,434.00

150,000 -- 199,999 ............................................ 50,062.00

200,000 -- 249,999 ................................... 47,462.00 51,805.00

250,000 -- 299,999 ................................... 61,060.00 56,603.00

300,000 -- and up ................................... 68,016.00 63,087.00

(2) On and after July 1, 1002 1994, whenever the employees in the classified service of the state merit system receive a cost-of-living increase of a certain percentage or a certain amount, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsec tion and in Code Section 15-16-20.1, or the amounts derived by increasing each of said amounts derived by increasing each of said amounts through the application of longevity increases pursuant to subsection (b) of this Code section, where applicable, shall be in creased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 15-16-20.1, or the amounts derived through the application of longevity increases, shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budgset shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this sub section, and in Code Section 15-16-20.1, or the amounts derived through the application of longevity increases, as authorized by this paragraph shall become effective six montha on the first day of January following the date that the cost-of-living increases received by state employees become effective; provided, however, that if the cost-of-living increases received

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by state employees become effective on January 1, such periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Sec tion 15-16-20.1, or the amounts derived through the application of longevity increases, as authorized by this paragraph shall become effective on the same date that the cost-of-living increases received by state employees become effectived
(b) The amounts provided in paragraph (1) of subsection (a) of this Code section and Code Section 15-16-20.1, as increased by paragraph (2) of subsection (a) of this Code sec tion, shall be increased by 6 percent for each four your term of office multiplying said amounts by the percentage which equals 5 percent times the number of completed four-year terms of office served by any sheriff after December 31, 1976, figured at the end effective the first day of January following the completion of each such period of service."
Section 6. Code Section 48-5-183 of the Official Code of Georgia Annotated, relating to salaries of tax collectors and tax commissioners, is amended by striking in their entirety subsections (a), (b), and (d) and inserting in lieu thereof new subsections to read as follows:
"48-5-183. (a) Nothing contained in this Code section shall apply to any tax commis sioner or tax collector who is compensated by the fee system of compensation in lieu of a fixed salary. On and after January 1, 1994, no tax collector or tax commissioner in a county having a population of 45,000 or more shall be entitled to fees authorized by Code Section 48-5-180 or Code Section 40-2-g5T
(b) (1) Any other law to the contrary notwithstanding, except for the provisions of para graph (2) of this subsection, the minimum annual salary of each tax collector and tax com missioner who is compensated by an annual salary shall be fixed according to the population of the county in which he or she serves, as determined by the United States decennial cen sus of 1990 or any future such census. Each such officer shall receive an annual salary, paya ble in equal monthly installments from the funds of his or her county, of not less than the amount fixed in the following schedule:

Population

Minimum Salary

__ ----

C QQQ

Oit g -1 t\l\ f\f\ 1 7 QO1 AA

U,i7*7i7 .................................. ^ J.O,LUIS.UU 1 I ,*7i J..UU

6,000 -- 11,999 ............................. 18,867.00 24,610.00

12,000 -- 19,999 .................................. 21,271.00 27,879.00

iUfUuu -- t7;ji7i7i7 ^o,yyy ............................ iiijoo^.uu iyjoyo.uu

80,000------30,000 ~~~ ................

24,686.00

29,000 -- 38,999 ........ .......... ................ .... .... 31,859.00

50,000 =~~9999 74,999 ............................. 32,080.00 36,180.00 75,000 -- 99,999 ............................................ 38,834.00
100,000 -- 100,000 149,999 ............................ 36,707.00 41,489.00 150,000 -- 199,999 ............................................ 46,023.00 200,000 -- 206,000 249,999 ............................ 41,786.00 50,735.00 250,000 -- 299,999 ............................................ 55,486.00 206,001 and up .................................. 48,843.00 300,000 and more ............................................. 60,797.00
(2) On and after July 1, 1002 1994, whenever the employees in the classified service of the state merit system receive a cost-of-living increase of a certain percentage or a certain amount, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsec tion, in subsection (g) of Code Section 48-5-137, and, where applicable, in subsection (b) of Code Section 21-2-212, or the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to subsection (d) of this Code section, where applicable shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amounts fixed in

TUESDAY, MARCH 23, 1993

2103

the minimum salary schedule in paragraph (1) of this subsection, in subsection (g) of Code Section 48-5-137, and, where applicable, in subsection (b) of Code Section 21-2-212, or the amounts derived through the application of longevity increases, shall be increased by the percentage or average amount of the general increase in salary granted to the state employ ees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, in subsection (g) of Code Sec tion 48-5-137, and, where applicable, in subsection (b) of Code Section 21-2-212, or the amounts derived through the application of longevity increases, as authorized by this para graph shall become effective six months on the first day of January following the date that the cost-of-living increases received by state employees become effective; provided, however, that if the cost-of-living increases received by state employees become effective on January 1, such periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, in subsection (g) of Code Section 48-5-137, and, where applicable, in subsection (b) of Code Section 21-2-212, or the amounts derived through the application of longevity increases as authorized by this paragraph, shall become effective on the same date that the cost-of-living increases received by state employees become effective?*
"(d) The amounts provided in paragraph (1) of subsection (b) of this Code section, subsection (g) of Code Section 48-5-137, and, where applicable, Code Section 21-2-212, as increased by paragraph (2) of subsection (b) of this Code section, shall be increased by 6 percent for each four year term of office multiplying said amounts by the percentage which equals 5 percent times the number of completed four-year terms of office served by any tax collector or tax commissioner after December 31, 1976, figwed at the-end-effective the first day of January following the completion of each such period of service. This Code section shall not be construed to affect any local legislation except where the local legislation pro vides for a salary lower than the salary provided in this Code section, in which event this Code section shall prevail. This Code section shall not be construed to reduce the salary of any tax collector or tax commissioner in office on July 1, 1991; provided, however, that suc cessors to such tax collectors and tax commissioners in office on July 1, 1991, shall be gov erned by the provisions of this Code section. The minimum salaries provided for in this Code section shall be considered as salary only. Expenses for deputies, equipment, supplies, copying equipment, and other necessary and reasonable expenses for the operation of a tax collector's or tax commissioner's office shall come from funds other than the funds specified as salary in this Code section."
Section 7. This Act shall become effective January 1, 1994.
Section 8. All laws and parts of laws in conflict with this Act are repealed.

Senator Pollard of the 24th moved that the Senate adopt the Conference Committee report on HB 206.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Alien Blitch Boshears Bowen Broun of 46th Cheeks Clay Coleman Crotts Dean Edge

Farrow Garner Gillis Glanton Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp

Langford of 35th Langford of 29th Madden Marable Middleton Newbill Oliver Parrish Pollard Ragan of llth Ralston Ray

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Robinson Slotin

Starr

Turner

Those voting in the negative were Senators:

Balfour Baugh Brown of 26th Burton

Dawkins Egan Perdue

Ragan of 32nd Thompson Tysinger

Those not voting were Senators:

Day Gochenour

Scott Taylor

Thomas Walker

On the motion, the yeas were 40, nays 10; the motion prevailed, and the Senate adopted the Conference Committee report on HB 206.

The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House adheres to its position in insisting on its substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate:

SB 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.

The Speaker has appointed on the part of the House, Representatives Sinkfield of the 57th, Martin of the 47th and Baker of the 70th.

The following bills of the Senate and House were taken up for the purpose of consider ing the House action thereon:

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.

Senator Henson of the 55th moved that the Senate adhere to its disagreement to the House substitute to SB 295, and that a Conference Committee be appointed.

On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate adhered to its disagreement to House substitute to SB 295.

The President appointed as a Conference Committee on the part of the Senate the following:
Senators Garner of the 30th, Henson of the 55th and Slotin of the 39th.

TUESDAY, MARCH 23, 1993

2105

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.

Senator Hill of the 4th moved that the Senate recede from the Senate amendment to HB 844.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Balfour Baugh Blitch Boshears
RBCrOhoeWwe6knns off o26uth, Coleman
Crotts Dawkins Day
Dean Edge Egan Farrow

Garner Gillis Glanton Gochenour Harbison
SHHieelnml smonef Hooks
Huggins Isakson Kemp
Langford of 35th Langford of 29th Madden Marable

Middleton Newbill Oliver Parrish Perdue
RD*a*g?anotff3,,l,,l2tnhd, Ral8ton
Kay Robinson Scott
Slotin Thompson Turner Tysinger

Voting in the negative was Senator Burton.

Those not voting were Senators:

Abernathy Broun of 46th Clay

Pollard Starr Taylor

Thomas Walker

On the motion, the yeas were 47, nays 1; the motion prevailed, and the Senate receded from the Senate amendment to HB 844.

The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:

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.

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JOURNAL OF THE SENATE

The House amendment was as follows:
Amend SB 225 as follows: On page 2, line 16, insert after the comma, "one of whom shall be the Capitol Museum Director." and on page 2, line 17, change the number from "Five" to "Four".
Senator Oliver of the 42nd moved that the Senate agree to the House amendment to SB 225.
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 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

Those not voting were Senators:

Marable Middleton Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Thompson Turner Tysinger

Clay Garner Newbill

Starr Taylor

Thomas Walker

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 225.

The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon:

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 Conference Committee report on HB 223 was as follows:
The Committee of Conference on HB 223 recommends that both the Senate and the

TUESDAY, MARCH 23, 1993

2107

House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 223 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Arthur B. Edge, IV Senator, 28th District
/s/ Wayne Garner Senator, 30th District
/s/ Nathan Dean Senator, 31st District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Jimmy Lord Representative, 121st District
/s/ Emory E. Bargeron Representative, 120th District
/s/ Bobby Eugene Parham Representative, 122nd District

Conference Committee 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 certain 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 coroners, 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 repeal 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 establish as a requirement for the renewal of an embalmer's license of any person who first obtains such a license on or after January 1, 1993, the completion of not more than 16 hours of continuing education courses approved by the board biennially. Such continuing education courses shall include, without being limited to, attending the Academy of Graduate Embalmers and attending regional meetings and seminars of the Georgia Funeral Directors Association. Any person having an embalmer's license is authorized to attend such continuing education courses whether or not such attendance is required for license renewal upon the same conditions as established for those whose attendance is required for license renewal. The board may waive such requirement 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 establish as a requirement for the renewal of a funeral director's license of any person who first obtains such a license on or after January 1, 1993, the completion of not more than 16 hours of continuing educa tion courses approved by the board biennially. Such continuing education courses shall in clude, without being limited to, attending the Academy of Graduate Embalmers and attend ing regional meetings and seminars of the Georgia Funeral Directors Association. Any person having a funeral director's license is authorized to attend such continuing education

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courses whether or not such attendance is required for license renewal upon the same condi tions as established for those whose attendance is required for license renewal. 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 the a training course of at leaat 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 this Code section provided by the Georgia Police Academy shall receive the same expense allowance per day as that received by a member of the General Assembly, plus reimbursement of actual transportation costs while traveling by public carrier or the legal mileage rate for the use of a personal 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 md 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.

Senator Garner of the 30th moved that the Senate adopt the Conference Committee report on HB 223.

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 Henson Hooks

TUESDAY, MARCH 23, 1993

2109

Huggins Isakson Langford of 35th Langford of 29th Madden Marable Middleton

Oliver Parrish Perdue Pollard Ragan of 32nd Ralston Ray

Robinson Scott Slotin Thompson Turner Tysinger

Those not voting were Senators:

Hemmer Hill Kemp

Newbill Ragan of llth Starr

Taylor Thomas Walker

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 223.

The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:

SB 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 following bills of the Senate and House were taken up for the purpose of consider ing the House action thereon:

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.

Senator Thompson of the 33rd moved that the Senate recede from the Senate substi tute to the House substitute to SB 285.

On the motion, 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 Glanton Gochenour Harbison Hemmer Henson Hill

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JOURNAL OF THE SENATE

Hooks Huggins Langford of 35th Langford of 29th Madden Marable Middleton

Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston

Ray Robinson Scott Slotin Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Brown of 26th Dawkins Garner

Isakson Kemp Newbill Starr

Taylor Thomas Walker

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate receded from the Senate substitute to the House substitute to SB 285.

The following bill of the House was taken up for the purpose of considering the House amendment to the Senate substitute thereto:

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.

The House amendment was as follows:

Amend the Senate substitute to HB 682 by striking from line 14 of page 1 the following: "38, and 51", and inserting in lieu thereof the following: "and 38". By striking from line 17 of page 1 the following: "and 40", and inserting in lieu thereof the following: "40, and 51".

Senator Thompson of the 33rd moved that the Senate agree to the House amendment to the Senate substitute to HB 682.

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 Day Dean Edge Egan Farrow Gillis

Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th

TUESDAY, MARCH 23, 1993

2111

Madden Marable Middleton Oliver Parrish

Perdue Pollard Ragan of llth Ragan of 32nd Ralston

Ray Robinson Slotin Thompson Turner

Those not voting were Senators:

Dawkins Garner Glanton Langford of 29th

Newbill Scott Starr Taylor

Thomas Tysinger Walker

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 682.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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.

The House substitute to SB 351, having been printed pursuant to a motion adopted previously today, was as follows:

A BILL
To be entitled an Act 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; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The governing authority of Fulton County shall not be authorized to expand, improve, or otherwise alter the construction or operation of any airport or landing field maintained or operated by such county for general aviation use as of January 1, 1993, so that such airport or landing field is not maintained or operated for any scheduled commuter flights, unless such change in use is approved by the qualified voters of the county voting in a referendum thereon.
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Abernathy of the 38th moved that the Senate agree to the House substitute to SB 351 as amended by the following amendment:

Amend the House substitute to SB 351 by striking the word "not" on line 12 on page 1.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Baugh Brown of 26th Cheeks Dean

Farrow Harbison Henson Hooks Huggins

Kemp Langford of 29th Madden Marable Middleton

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JOURNAL OF THE SENATE

Ragan of llth Ragan of 32nd Ralston

Ray Scott Slotin

Starr Thompson

Those voting in the negative were Senators:

Balfour Blitch
Broun of 46th Burton
Coleman Crotts

Dawkins Edge
Egan Glanton
Gochenour Hemmer

Hill Isakson
Oliver Parrish
Robinson Tysinger

Those not voting were Senators:

Alien Boshears Bowen Clay Day

Garner Gillis Langford of 35th Newbill Perdue

Pollard Taylor Thomas Turner Walker

On the motion, the yeas were 23, nays 18; the motion was lost and the House substitute was not agreed to as amended.

Senator Abernathy of the 38th moved that the Senate reconsider its action in defeating his motion to agree to the House substitute as amended.

On the motion, the yeas were 23, nays 12; the motion prevailed, and the motion to agree to the House substitute to SB 351 as amended, was reconsidered.

Senator Abernathy of the 38th moved that the Senate agree to the House substitute as amended by the amendment offered by Senator Abernathy of the 38th and others.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Alien Baugh 5Brliotwchn of 26th,

Harbison Henson Hooks H^ uggins

Ciay Day Dean Garner

Langford of 29th Madden Marable Middleton

Pollard Ragan of llth Ragan of 32nd R^alston
Scott Slotin Thomas Thompson

Those voting in the negative were Senators:

Balfour Burton Coleman

Farrow Gillis Glanton

Dawkins Edge Egan

Gochenour Hill Isakson

Oliver Parrish Perdue
Robinson Turner Tysinger

TUESDAY, MARCH 23, 1993

2113

Those not voting were Senators:

Boshears Bowen Broun of 46th

Hemmer Langford of 35th Newbill

Starr Taylor Walker

On the motion, the yeas were 28, nays 19; the motion, having failed to receive the requi site constitutional majority, was lost.

Senator Abernathy of the 38th moved that the Senate disagree to the House substitute to SB 351.

On the motion, the yeas were 29, nays 6; the motion prevailed, and the Senate disagreed to the House substitute to SB 351.

The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:

SB 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 House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:

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 following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon:

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 Conference Committee report on HB 300 was as follows: The Committee of Conference on HB 300 recommends that both the Senate and the

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JOURNAL OF THE SENATE

House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 300 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ David Scott Senator, 36th District
/s/ Charles C. Clay Senator, 37th District
/s/ Steve Henson Senator, 55th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ John Godbee Representative, 145th District
/s/ Ann R. Purcell Representative, 147th District
/s/ Maretta M. Taylor Representative, 134th District

Conference Committee 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 change the manner in which certain insurance may be provided; 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 manner of employing su perintendents of local school systems and the qualifications thereof and to provide for va cancies in those offices; to provide for school superintendent employment contracts; to spe cifically repeal provisions relating to qualifications, suspension, and removal of school superintendents and vacancies in such offices; to change the provisions relating to eligibility for school enrollment; to change the provisions relating to annual performance evaluations; to change the provisions relating to due process procedures for certain controversies; 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, ohall, from time to time, select from the citizens of their respective counties five persona, who shall constitute the county board of education. 8uch members shall be elected for a term of five years and shall hold their offices until thcif successors arc elected and qualified, provided, however, that no publisher of achoolbooka, nor any agent for such publisher, nor any pcraon who ahall be pecuniarily interested in the aalc of achoolbooks shall be eligible for election aa members of any board of education or aa county school superin tendent, provided, further, that whenever No person shall be eligible for election as a member of a local board of education who is not a resident of the school district in which that

TUESDAY, MARCH 23, 1993

2115

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 those countica in which the grand jury selects such members shall be selected by the last grand jury immediately pre ceding the expiration of the term of the member when the member to be selected will re place. Whenever a member of a local board of education moves that person's domicile 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. Thia subsection shall be applicable to all persona 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 aclccting the members of the county board of education, shall not select one of their own members then in session, nor ahall they select any two of those selected from the same militia district or locality, nor shall they select any person who resides within the limits of a local school system operated independently of the county board but shall apportion members of the county board as far as practicable over the county, they ahall elect persona of good moral character, who shall have at least a faif knowledge of the elementary branches of education and be favorable to the public school system. Whenever a member of the county board moves his residence into a militia district where another member of the county board resides or into a district or municipality that has an independent local school system, the member changing his residence shall immedi ately cease to be on the county board, and the vacancy shall be filled an required by law. Notwithstanding the foregoing provisions to the contrary, a county may provide by local law that two or more members of the county board may be selected from the aamc 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?1
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 mcmbcra of a county board of education or county school superin tendent arc appointed, it shall be the duty of the clerk of the superior court, when the members of the board of education arc appointed by the grand jury, or the secretary of the

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board of education when mcmbcra of the board of education or aupcrintcndcnt are ap pointed by the board of education, to forward to the Secretary of State a certified statement of the appointments, and commissions shall be iasucd as for county officcro. The statement must give the name of the appointee, whom they succeed, whether the office waa vacated by resignation, death, or otherwise, and the effective date of the appointment. In addition to certification 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 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 voters, the vacancy shall be filled aa follows.
{A) (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 each 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 mcmbcra 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 aclcct a qualified person to fill the vacancy until the next grand jury convenes immediately following the oc currence of the vacancy, at which time the grand jury shall appoint a qualified person to nerve 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) (1) (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 dis trict, 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 district, 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

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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. Such insurance may be provided through a group policy secured by the local school districtTa group policy secured by several local school districts, or by a policy secured by an organization of local school boards. 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. :Ffee
bcrs of the local board of education who elect to participate in the insurance offered by that board, based upon whether those members elect family or individual coverage. The remain der of such insurance costs, and all the costs of any coverage for family members, shall be paid as an employee contribution by the board memberT
(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 education."
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. Rcacfvcd. (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 ^ho 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, unless 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

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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 him the superintendent to do. He The superintendent or their nominee shall record in a book, to~"b~e 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 provisions of subsection (a) of this Code section, in all counties of this state having a population of not less than 76,200 nor more than 77,000 according to the United States decennial census of 1060 or any future such census, the chairman of the board of education for such county shall be elected as provided for in thia Code section but shall serve for such term as 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 the authority of this subsection, any local board of education whose chairperson is required 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 sub section may become effective under the Voting Rights Act of 1965, as amended, shall con tinue 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:
"20-2-101. Except in these counties which arc under a local system, all county school superintendents shall be elected by the qualified voters of their respective counties quadren nially on Tuesday after the first Monday in November, for terms of four years beginning on January 1 following the day of election. Each shall hold office until his successor ia elected and qualified, provided that, if there ia in any county one or more independent school sys tems not under the supervision of the county school superintendent, the voters of auch inde pendent system or aystcma shall not vote in any primary or election for the county school superintendent. But this Code section shall not disqualify registered, qualified voters residing in the limits of the quaai independent school diatrict from voting in any primary or election for county school aupcrintcndcnt.
(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 year and not more than two 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 subsec tion, which local Act became effective before, at the time of, or after this subsection be comes 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 b"y such repeal for the duration of that contract as specified immediately before this subsec tion 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 localTaw or policies of the local board for that school district, not inconsistent with the provisions of this chapferT

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(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) No substantive or procedural right regarding employment or termination of employment of a superintendent by a local school system shall be created by this Code section. Rather, the terms and conditions of employment of a school superintendent by a local school system shall be determined exclusively by the contract between those parties and may include, without being limited to, the conditions under and procedures by which that contract may be terminated prior to the end of the term of that contract."
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 20-2-107, relat ing to filling vacancies in the office of elected superintendents.
Section 12.1 Said chapter is further amended by striking subsection (d) of Code Section 20-2-150, relating to eligibility for enrollment, and inserting in its place the following:
"(d) No child or youth shall be admitted to any public school of the state until the parent or guardian provides to the proper school authorities an official copy of that child's social security number which shall be incorporated into the official school records pertaining to that child or youth. Each local unit of administration shall establish and implement a plan for providing the public appropriate notice of the information required of every stu dent under its jurisdiction prior to the beginning of each school year. School authorities may provisionally admit a child for whom an official social security number has not been pro vided if the parent or guardian completes a postage-paid application for a social security number at the time of enrollment. A parent or guardian who objects to the incorporation of the social security number into the school records of a child may have the requirement waived by signing a notarized statement objecting to the requirement."
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 13.1. Said chapter is further amended by striking subsection (f) of Code Section

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20-2-1160, relating to local boards determining school law controversies, and inserting in its place the following:
"(f) The procedures provided in subsections (a) through (e) of this Code section shall not be applicable to handicapped children when a hearing is necessary to decide a complaint made under the Education for All Handicapped Children Act of 1975. The state board shall promulgate by rules and regulations an impartial due process procedure for hearing and determining any matter of local controversy in reference to the construction or administra tion of the school law and an appeals procedure with respect to handicapped children as such term is defined by the state board. Any tribunal which the state board shall empower to hear such cases shall have the power to summon witnesses and take testimony as such tribunal deems it necessary. In promulgating such rules and regulations, the state board shall consult with local boards of education and other local school officials in order to estab lish procedures required by this subsection which will coordinate, to the extent practicable, with the administrative practices of such local boards."
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 h that person shall be elected or appointed at least 12 months prior to hia 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 shall be eligible to be elected or appointed aa county ochool aupcrintcndcnt even though said pcraon may not reside in that part of the county which is under the supervision of the county superinten dent of schools and is ineligible to vote in the election for auch superintendent of schools, or no prior state or county residency requirement shall be applicable to any appointed local superintendent of schools; or".
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.
Senator Clay of the 37th moved that the Senate adopt the Conference Committee re port on HB 300.

On the motion, 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 Day Dean Edge Egan Farrow

Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins

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Isakson Kemp Langford of 29th Madden Marable Middleton Newbill Parrish

Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson

Scott Slotin Starr Thomas Thompson Tysinger Walker

Those not voting were Senators:

Alien Bowen Garner

Langford of 35th Oliver

Taylor Turner

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 300.

The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has disagreed to the Senate amendment to the following bill of the House:

HB 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 House has adopted, as amended, by the requisite constitutional majority the fol lowing resolution of the Senate:

SR 109. By Representatives 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 House has adopted, by substitute, by the requisite constitutional majority the fol lowing resolution of the Senate:

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 following bill and resolution of the House were taken up for the purpose of consid ering the House action thereon:

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.

Senator Coleman of the 1st moved that the Senate insist upon the Senate substitute to HB 966.

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On the motion, the yeas were 29, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 966.

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.

Senator Coleman of the 1st moved that the Senate recede from the Senate substitute to HR 330.

On the motion, 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 Burton Cheeks Clay Coleman Crotts Dawkins Day Dean Edge Farrow

Gillis Glanton Harbison Hemmer Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable . Middleton Oliver

Parrish Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Bowen Brown of 26th Egan

Garner Gochenour Henson

Newbill Perdue Taylor

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate receded from the Senate substitute to HR 330.

The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon:

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.

The Conference Committee report on HB 964 was as follows: The Committee of Conference on HB 964 recommends that both the Senate and the

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House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 964 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Peg Blitch Senator, 7th District
/s/ Steve Henson Senator, 55th District
/s/ George Hooks Senator, 14th District

FOR THE HOUSE OF REPRESENTATIVES:
/a/ Tommy Smith Representative, 169th District
/s/ Jim Martin Representative, 47th District
/s/ Charles Yeargin Representative, 90th District

Conference Committee substitute to HB 964:

A BILL
To be entitled an Act to amend Titles 21 and 28 of the Official Code of Georgia Anno tated, relating to elections and the General Assembly, respectively, so as to change the com position of certain congressional districts and certain Georgia senatorial districts; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended in Code Section 21-2-4, relating to designation of congressional districts, by strik ing the descriptions of congressional districts No. 2, 3, and 8 and inserting in their respec tive places new descriptions to read as follows:
"District: 2
TALBOT COUNTY TAYLOR COUNTY MARION COUNTY MACON COUNTY SCHLEY COUNTY STEWART COUNTY WEBSTER COUNTY SUMTER COUNTY QUITMAN COUNTY TERRELL COUNTY RANDOLPH COUNTY CLAY COUNTY CALHOUN COUNTY EARLY COUNTY BAKER COUNTY MITCHELL COUNTY MILLER COUNTY SEMINOLE COUNTY DECATUR COUNTY GRADY COUNTY THOMAS COUNTY BROOKS COUNTY BIBB COUNTY
VTD: 0001 EM01 VTD: 0002 EM02 VTD: 0003 EM03

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VTD: 0004 EM04 VTD: 0005 EM05 VTD: 0006 EM06 VTD: 0008 EM08 VTD: 0010 GODFREY 01 VTD: 0011 GODFREY 02 VTD: 0012 GODFREY 03 VTD: 0013 GODFREY 04 VTD: 0016 GODFREY 07 VTD: 0019 HAZARD 05 VTD: 0022 MACON 03 VTD: 0023 HAZARD 01 VTD: 0033 RUTLAND 02 (Part)
Tract: 0130. Block(s): 201C, 202, 231C, 232B, 273B, 274C, 275, 276B, 277B, 278B, 279C, 281B, 281C
Tract: 0135.02 Block(s): 128, 131, 132, 201, 202, 203, 204, 213, 214, 215, 301, 302, 304, 309A, 309B, 309C, 309D, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320
VTD: 0034 VINEVILLE 01 VTD: 0035 VINEVILLE 02 VTD: 0036 VINEVILLE 03 VTD: 0037 VINEVILLE 04 VTD: 0038 VINEVILLE 05 VTD: 0040 VINEVILLE 07 (Part)
Tract: 0102. Block(s): 204, 205, 215, 301, 302, 303, 305, 306
Tract: 0103. Block(s): 202, 203
VTD: 0041 VINEVILLE 08 (Part) Tract: 0119. Block(s): 104, 105, 106, 111, 115
VTD: 0043 MACON 02 VTD: 0044 MACON 01 CHATTAHOOCHEE COUNTY VTD: 0001 CUSSETA (Part)
Tract: 0201. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 115A, 115B, 116A, 116B, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134A, 134B, 135A, 135B, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159A, 159B, 160, 161A, 161B, 162A, 162B, 163, 164A, 164B, 165A, 165B, 165C, 166A, 166B, 167, 168, 169A, 169B, 170A, 170B, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250
Tract: 0202. Block(s): 901A, 901B, 901C, 901D, 901E, 901F, 902, 903, 904, 905, 906, 907, 908, 909, 910, 911, 912, 913, 914, 915, 916, 917, 918, 919, 920, 921
COLQUITT COUNTY VTD: 0001 BRIDGE CREEK (Part) Tract: 9709. Block(s) 305, 306, 307 VTD: 0004 FUNSTON (Part) Tract: 9709.

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Block(s): 222, 223, 301C, 302, 303, 304, 308B, 314B, 315, 316, 321 VTD: 0006 HARTSFIELD VTD: 0010 MOULTRIE (Part)
Tract: 9703. Block(s): 216, 433, 523, 524, 525, 616, 617
Tract: 9704. Block(s): 113, 114, 115, 116, 117, 118, 122, 123, 124, 125, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265
Tract: 9707. Block(s): 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 221, 222, 223, 224, 225, 226, 227, 228, 229, 236, 237, 238, 239, 240, 241, 242, 250, 251, 252, 253, 254, 255, 256, 301, 302, 303, 304, 305, 306, 307, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 332, 333, 334
Tract: 9708. Block(s): 101, 102, 103, 104, 105, 106, 107, 108A, 108B, 109. 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125,126, 127, 128, 129, 130, 134, 135, 136, 137, 138, 139, 140,141, 142, 143, 144, 145, 146, 147, 148, 205, 206, 207, 208, 209, 210, 211, 214, 215, 216, 301C
Tract: 9709. Block(s): 129A, 131, 134, 135, 136, 301A, 325B
VTD: 0018 SHAW CRAWFORD COUNTY
VTD: 0002 2 VTD: 001B IB CRISP COUNTY VTD: 0001 CORDELE (Part)
Tract: 9801. Block(s): 118, 119, 120, 122, 123, 124, 204, 205A, 205B, 206, 211, 212, 213, 263A, 264A, 265A, 266A, 306A, 307A, 307B, 308A, 308B, 308C, 308D, 309A, 309B, 310, 311, 312, 313, 314, 315, 316, 317, 318, 320, 321, 364, 365, 366, 367
Tract; 9802. Block(s): 173A, 173B, 173C, 173D, 173E, 173F, 173G, 174A, 174B, 179A, 179B, 179C, 180, 181, 182A, 182B, 182C, 183, 196A, 197A, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327A, 327B, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412A, 412B, 412C, 413A, 413B, 414A, 414B, 415A, 415B, 416A, 416B, 417A, 417B, 418, 419, 420A, 420B, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 453, 454A, 454B, 454C, 454D
Tract: 9803. Block(s): 304, 305, 306, 307, 308, 309, 310, 311, 324, 325, 326, 327, 328, 329, 330, 351, 352, 353, 354, 357, 358, 359, 360
Tract: 9804. Block(s): 303, 304, 305, 306, 311, 312, 313, 314, 315, 316, 317, 318, 321, 322, 323, 324, 325, 326, 331, 332, 333, 334, 340, 341A, 341B, 419, 420A, 420B, 420C, 420D, 420E, 421, 422, 423A, 423B, 423C, 424A, 424B, 425, 426, 427, 428A, 428B, 428C, 429, 430, 431, 433
DOOLY COUNTY VTD: 0001 VIENNA 535 VTD: 0004 DRAYTON 633 VTD: 0006 BYROMVILLE 585 VTD: 0007 DOOLING 640 VTD: 0008 PINEHURST 1479 VTD: 0009 UNADILLA 1466 VTD: 0010 LILLY 1671

2126

JOURNAL OF THE SENATE

DOUGHERTY COUNTY VTD: 0007 BROAD AVENUE SCHOOL VTD: 0009 WESTTOWN LIBRARY VTD: 0010 RIVERVIEW ACADAMY VTD: 0011 M L KING JR. HIGH SCHOOL VTD: 0012 MONROE HIGH SCHOOL VTD: 0013 FLINTSIDE ELEMENTARY SCH VTD: 0014 CARVER TEEN CENTER VTD: 0015 CARVER JR HIGH GYM VTD: 0016 HIGHLAND AVENUE SCHOOL VTD: 0017 AVALON METHODIST CHURCH VTD: 0018 ALBANY JR. HIGH SCHOOL VTD: 0019 TURNER ELEMENTARY SCHOOL VTD: 0020 JACKSON HEIGHTS ELEM SCH VTD: 0021 BILL MILLER GYM AND ALBANY STATE COLLEGE VTD: 0022 RAD SPRINGS JR HIGH SCH VTD: 0027 SYLVANDALE ELEMENTARY SCH
HOUSTON COUNTY VTD: 0001 RUMB (Part) Tract: 0205. Block(s): 217, 218, 219, 220, 236, 237, 238, 239, 240A, 240B, 241A, 241B, 242, 243, 244, 245, 246 Tract: 0207. Block(s): 101A, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 301, 302, 303, 304, 305, 306, 308B, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 412, 413, 414, 415, 416, 417, 418 Tract: 0208. Block(s): 401, 402 VTD: 0003 MSSH (Part) Tract; 0201.03 Block(s): 302, 304, 305, 306A, 306B, 308A, 308B, 309, 310, 311, 312, 313A, 313B, 314, 315, 316, 317, 318, 319 Tract: 0202. Block(s): 101 Tract: 0203. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410 Tract: 0204. Block(s): 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124 VTD: 0004 RECR (Part) Tract: 0201.03 Block(s): 307A, 307B Tract: 0203. Block(s): 101A, 101B, 102A, 102B, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 115, 116, 301 Tract: 0204. Block(s): 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 126 Tract: 0205. Block(s): 101A, 101B, 102, 103, 104, 105, 113A, 113B, 114A, 114B Tract: 0206. Block(s): 902, 903, 904 VTD: 0008 NSJH (Part) Tract: 0201.01 Block(s): 117, 118A, 118B Tract: 0201.02

TUESDAY, MARCH 23, 1993

2127

Block(s): 224, 225, 226, 301B, 307A, 307B, 37C, 410, 413, 416, 421, 422A, 422B, 423, 424, 425
VTD: 0012 CENT (Part) Tract: 0201.01 Block(s): 112A, 112B, 113, 114, 115, 116, 217, 221, 222A, 222B, 223, 313, 314, 401, 402, 403, 404, 405, 406A, 406B, 406C, 407A, 407B, 407C, 408B, 408C, 409, 410, 411A, 411B, 412 Tract: 0201.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 204, 205, 210 Tract: 0202. Block(s): 408
VTD: 0013 ANNX (Part) Tract: 0211.01 Block(s): 303
VTD: 0014 N13 VTD: 0015 12TH (Part)
Tract: 0215.02 Block(s): 204, 211, 223, 224, 225, 226, 227, 228, 229, 230, 232, 233, 234, 235, 236, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297
VTD: 0016 TOWN (Part) Tract: 0212. Block(s): 304A, 304B, 305, 306, 307, 308, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 501, 502, 503, 504, 505, 506, 507, 509, 535, 536, 537, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 632, 705, 706, 707, 708, 711, 712, 713, 714, 715, 716, 717 Tract: 0213. Block(s): 118, 119A, 119B, 119C, 120, 121A, 121B, 121C, 122, 123, 124, 125, 126, 127, 128, 129A, 129B, 129C, 130, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 301, 302A, 302B, 305, 306, 307, 308, 309A, 309B, 310, 311A, 311B, 311C, 312, 313A, 3131B, 313C, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 333, 334, 335, 336, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427A, 427B, 429A, 430A Tract: 0214. Block(s): 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 119, 120A, 120B, 121, 403, 404, 405A, 405B, 406A, 406B, 406C, 508, 509, 510, 513
LEE COUNTY VTD: 0001 CHOREE VTD: 0003 LEESBURG (Part) Tract: 0202. Block(s): 160, 162, 163, 192, 194, 195, 196 Tract: 0203. Block(s): 202, 203, 204, 205, 211, 402, 403, 404, 405, 413, 414, 416, 417, 418, 419, 420, 421A, 421B, 422, 423, 425, 426, 427, 428, 429, 431A, 434A, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 473, 474, 485A, 486, 487, 490, 491, 493, 494, 495, 496, 497, 514, 516, 517, 518, 519, 520, 521, 522, 523, 524, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 548, 549 VTD: 0006 SMITHSVILLE
LOWNDES COUNTY VTD: 0002 MINEOLA (Part) Tract: 0102. Block(s): 416, 460, 463, 464, 465, 466, 473, 474, 484, 488, 489, 490, 491, 492 VTD: 0004 MATHIS AUDITORIUM (Part) Tract: 0101.

2128

JOURNAL OF THE SENATE

Block(s): 305C, 305D Tract: 0103.
Block(s): 220A, 223A, 224, 225, 226, 227, 228, 229, 230, 231, 232, 234B, 239, 240 Tract: 0104.
Block(s): 136A, 138A, 140A, 142A, 143 VTD: 0005 GARDEN CENTER VTD: 0007 LOMAX-PINEVALE VTD: 0013 LOWNDES CIVIC CENTER AND FORREST PK CHURCH (Part)
Tract: 0106. Block(s): 304A, 304B, 305, 306, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410,
411, 412, 413, 414, 415, 416, 417 Tract: 0108.
Block(s): 204B, 207 VTD: 0015 AZALEA CITY CHURCH OF GOD VTD: 0017 SHILOH FIRE STATION (Part)
Tract: 0102. Block(s): 457, 458, 459, 493, 494, 495, 496, 497
VTD: 0018 NEW COVENANT CHURCH (Part) Tract: 0101.
Block(s): 287, 288, 305L, 307, 308 Tract: 0103.
Block(s): 220C, 220D, 220E, 220F, 220G, 223B Tract: 0104.
Block(s): 136B, 137, 138B, 140B, 141, 142B VTD: 0019 CRAIG RECREATION CENTER MERIWETHER COUNTY VTD: 0002 LUTHERVILLE VTD: 0003 ALVATON-UPPER NINTH VTD: 0004 GAY-MID NINTH VTD: 0005 WOODBURY-LOWER NINTH VTD: 0007 GILL ONE (Part)
Tract: 9705. Block(s): 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 529, 530, 531, 532, 533, 534, 535, 536, 537, 628, 629, 630, 631, 632, 633, 634, 635, 638, 639, 640, 641, 646, 647, 732
VTD: 0008 GILL TWO VTD: 0010 DURAND (Part)
Tract: 9706. Block(s): 217, 218, 219, 275, 276, 277, 302, 318, 319, 320, 322, 323, 324, 326, 327, 328, 329, 330, 335, 348, 349, 351, 352, 353, 354, 355, 356, 357, 358, 366, 367, 369, 370, 371, 372, 373, 374, 375, 376, 377, 393, 394
VTD: 0012 GREENVILLE-EIGHT VTD: 0013 RALEIGH MUSCOGEE COUNTY VTD: 0001 COURTHOUSE VTD: 0002 NORTH LUMPKIN VTD: 0003 EDDY VTD: 0004 BAKER VTD: 0005 SAINT MARY S VTD: 0006 WYNNTON (Part)
Tract: 0023. Block(s): 120, 121, 122
VTD: 0007 BRITT VTD: 0008 CARVER VTD: 0009 RIGDON VTD: 0010 DIMON VTD: 0011 DAWSON

TUESDAY, MARCH 23, 1993

2129

VTD: 0012 WESLEY HEIGHTS (Part) Tract: 0106.04 Block(s): 311, 315, 319, 320, 321, 323, 324, 325, 326, 327, 349
VTD: 0013 REGENCY HEIGHTS VTD: 0024 NORTH HIGHLAND (Part)
Tract: 0015. Block(s): 101, 102, 112, 122, 201, 202, 203, 310
Tract: 0016. Block(s): 101, 108, 111, 113, 123, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 304, 305, 306, 309, 310, 311, 312, 313, 404, 405, 406, 409, 410, 412, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 601, 602, 603, 604, 606, 615
VTD: 0025 EAST HIGHLAND (Part) Tract: 0013. Block(s): 206, 207, 208 Tract: 0014. Block(s): 301, 302, 303, 304, 305, 307, 309, 310, 311, 312, 313, 401, 402, 403, 404, 405 Tract: 0015. Block(s): 103, 110, 111, 113, 114, 115, 117, 118, 120, 121, 123, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 301, 302, 303, 304, 305, 306, 307, 308, 309, 312, 313, 314, 315, 316, 317, 323, 324 Tract: 0018. Block(s): 101, 115, 405, 406, 409, 410, 414
VTD: 0026 SAINT ELMO (Part) Tract: 0013. Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 201, 202, 203, 204, 205, 209 Tract: 0018. Block(s): 105
VTD: 0036 3A1 FORT BENNING VTD: 0037 3A2 FORT BENNING VTD: 0038 3A3 FORT BENNING VTD: 0039 3A4 FORT BENNING VTD: 0040 3A5 FORT BENNING VTD: 0041 3B FORT BENNING VTD: 0042 3B1 FORT BENNING PEACH COUNTY VTD: 0010 DISTRICT 2 AND CLAUDE AND POWERSVILLE VTD: 0015 DISTRICT 3
District: 3
FAYETTE COUNTY COWETA COUNTY SPALDING COUNTY PIKE COUNTY LAMAR COUNTY MONROE COUNTY UPSON COUNTY HARRIS COUNTY BALDWIN COUNTY
VTD: 0002 NORTH BALDWIN 318 (Part) Tract: 9702. Block(s): 101, 102, 103, 104, 105, 106, 107, 107C, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 201, 202B, 203, 204, 205, 206B, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223,

2130

JOURNAL OF THE SENATE

224A, 224B, 225, 226, 227, 301B, 306, 307, 308, 309, 310, 311, 312A, 312B, 313, 314, 315, 316 Tract: 9703. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141,142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 201B, 202, 203, 204, 205, 206, 207, 208, 209, 210C, 210D, 210E, 211B, 212, 213, 214C, 214D, 214E, 215B, 216B, 218B, 219, 220C, 220D, 220E, 222C, 225B, 226B, 227, 228, 229B VTD: 0003 WEST BALDWIN 319 (Part) Tract: 9703. Block(s): 201C Tract: 9705. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 327, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375 VTD: 0006 COOPERS 322 VTD: 0007 NORTH MILLEDGEVILLE 320N (Part) Tract: 9702. Block(s): 202A, 206A Tract: 9703. Block(s): 201A, 201D, 210A, 210B, 211A, 214A, 214B, 215A, 216A, 217, 218A, 220A, 221, 222A, 222B, 223, 224 VTD: 0013 SCOTTSBORO 1714 (Part) Tract: 9708. Block(s): 109, 110, 111, 112, 113, 114, 115, 123B, 127B, 130, 131, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 219, 220, 221, 222, 223, 224, 225, 226, 301, 302 CLAYTON COUNTY VTD: 0001 ELLENWOOD VTD: 0002 FOREST PARK 1 VTD: 0003 FOREST PARK 2 VTD: 0004 FOREST PARK 3 VTD: 0005 FOREST PARK 4 VTD: 0006 FOREST PARK 5 VTD: 0007 JONESBORO 1 VTD: 0008 JONESBORO 2 VTD: 0009 JONESBORO 3 VTD: 0010 JONESBORO 5 VTD: 0011 JONESBORO 6 VTD: 0012 JONESBORO 7 VTD: 0013 JONESBORO 8 VTD: 0014 LOVEJOY 1 VTD: 0015 LOVEJOY 2 VTD: 0016 LOVEJOY 3 VTD: 0017 ADAMSON MORROW 1 VTD: 0018 ADAMSON MORROW 2 AND FOREST PARK 6 VTD: 0019 ADAMSON MORROW 3 VTD: 0020 ADAMSON MORROW 4 VTD: 0021 ADAMSON MORROW 5 VTD: 0023 OAK 1 (Part) Tract: 0401. Block(s): 901, 902, 903B, 906, 907, 908, 909, 910, 911, 912 VTD: 0025 PAN HANDLE VTD: 0027 RIVERDALE 2

TUESDAY, MARCH 23, 1993

2131

VTD: 0029 RIVERDALE 4 VTD: 0030 RIVERDALE 5 VTD: 0031 RIVERDALE 6 VTD: 0032 RIVERDALE 7 VTD: 0038 JONESBORO 4 AND JONESBORO 9 VTD: 0039 JONESBORO 10 VTD: 0040 JONESBORO 12 VTD: 0041 LAKE CITY 1 VTD: 0042 JONESBORO 11 CRAWFORD COUNTY VTD: 0003 3 VTD: 0004 4 VTD: 0005 5 VTD: 001A 1A HENRY COUNTY VTD: 0010 FLIPPEN VTD: 0015 HAMPTON VTD: 0020 HIGHLAND VILLAGE (Part)
Tract: 0701.02 Block(s): 161, 162, 201, 202, 203, 204, 205, 206
Tract: 0701.03 Block(s): 101, 102, 103, 104, 130A, 130C, 132B, 133, 134, 135, 136, 137, 138, 139, 201B, 238B, 239B, 240B, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324B, 325, 326B, 326C, 327, 328, 329, 330, 331, 332, 401, 402, 403, 404, 405B, 406B, 441, 442B, 443B, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 467, 468, 469
Tract: 0702.01 Block(s): 102, 103, 104, 105, 106, 107, 108, 109
VTD: 0025 LOCUST GROVE VTD: 0035 LOWES VTD: 0040 MCDONOUGH AND WESTSIDE VTD: 0055 SHAKERAG VTD: 0060 SIXTH VTD: 0065 STOCKBRIDGE VTD: 0070 SWAN LAKE (Part)
Tract: 0701.02 Block(s): 115, 116, 118, 119, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160
VTD: 0075 TUSSAHAW
JONES COUNTY VTD: 0001 BARRON AND CLINTON (Part) Tract: 0301.02 Block(s): 108, 111, 113, 114, 115, 116, 124, 125 Tract: 0302. Block(s): 154, 156, 157, 160, 161, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 256A, 257, 258, 259, 260, 261, 262, 293, 294, 295, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313 Tract: 0303. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313B, 314B, 316B, 316C, 317B, 318B, 320, 321, 322, 323, 327, 328, 329, 330, 331, 332, 333, 334, 341, 343, 345, 346, 347, 349, 351, 352, 353, 354, 355, 356, 357, 377, 378, 379, 465B VTD: 0002 FINNEY AND WHITE VTD: 0003 GRAY VTD: 0004 POPE VTD: 0005 ROBERTS (Part)

2132

JOURNAL OF THE SENATE

Tract: 0301.02 Block(s): 201, 202, 203, 214, 215, 216, 301, 302, 303, 304, 305, 306,. 307, 308, 309, 310, 311, 312, 313
Tract: 0303. Block(s): 515, 523, 524, 527, 531, 532, 533, 534, 535, 536, 539, 540, 541, 542, 543, 547, 548, 554, 555, 556, 557, 558, 559
VTD: 0006 SANDERS VTD: 0007 DAVIDSON MERIWETHER COUNTY VTD: 0001 LONE OAK VTD: 0006 CHALYBEATE AND LOVE VTD: 0007 GILL ONE (Part)
Tract: 9705. Block(s): 290A, 290B, 291, 292, 301, 323, 324, 325, 326, 327, 328, 540, 636, 637, 642, 643, 644, 645, 701A, 701B, 702, 703, 704A, 704B, 705A, 705B, 706, 707, 708, 709, 710, 711, 712, 713, 714A, 714B, 715, 716, 717, 718, 719, 720, 721, 722, 723, 724, 725, 726, 727, 728, 729, 730, 731, 733, 734, 735, 736, 737, 738, 739
VTD: 0009 WARM SPRINGS VTD: 0010 DURAND (Part)
Tract: 9706. Block(s): 312, 313, 314, 315, 316, 317, 331, 332, 333, 334, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 350, 359, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, 395, 396, 397
VTD: 0011 ODESSADALE-SEVENTH MUSCOGEE COUNTY
VTD: 0006 WYNNTON (Part) Tract: 0011.
Block(s): 201, 202, 203, 204, 206, 207, 208, 221 Tract: 0012.
Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 401, 402, 404, 405, 406, 407, 408, 409, 410, 411
Tract: 0023. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119
VTD: 0012 WESLEY HEIGHTS (Part) Tract: 0106.04 Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 315, 216, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 230, 233, 303, 312, 316, 317, 318, 322, 329, 332, 333, 334, 335, 336, 337, 339, 340, 341, 342, 343, 344
VTD: 0014 ROTHSCHILD VTD: 0015 EDGEWOOD VTD: 0016 GENTIAN VTD: 0017 BRITT DAVID VTD: 0018 BLANCHARD VTD: 0019 REESE ROAD VTD: 0020 MORNINGSIDE VTD: 0021 MIDLAND VTD: 0022 UPATOI VTD: 0023 WOOD VTD: 0024 NORTH HIGHLAND (Part)
Tract: 0005. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 201, 202, 203, 204, 205, 207, 208, 209, 210, 213, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314
Tract: 0006. Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 118, 119, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218

TUESDAY, MARCH 23, 1993

2133

Tract: 0016. Block(s): 102, 103, 104, 105, 106, 109, 110, 301, 302, 303, 307, 308, 401, 402, 403, 407, 408, 411, 414
Tract: 0110. Block(s): 119B, 122
VTD: 0025 EAST HIGHLAND (Part) Tract: 0008. Block(s): 202, 203, 204, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321 Tract: 0014. Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 406, 407, 408, 409, 410, 411, 412, 413, 414 Tract: 0015. Block(s): 104, 105, 106, 107, 108, 109, 124, 125 Tract: 0018. Block(s): 102, 103, 104, 107, 108, 109, 110, 111, 112, 202, 403, 404, 407, 408, 411, 412, 413
VTD: 0026 SAINT ELMO (Part) Tract: 0012. Block(s): 101, 102, 103, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 121, 122, 123, 133, 201, 203, 204, 205, 206, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219 Tract: 0013. Block(s): 101, 210 Tract: 0018. Block(s): 106, 113, 114, 201 Tract: 0019. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 132
VTD: 0027 CLUBVIEW VTD: 0028 BIBB CITY VTD: 0029 JOHNSON VTD: 0030 ARNOLD VTD: 0031 BEALLWOOD VTD: 0032 DOUBLE CHURCHES VTD: 0033 FORTSON VTD: 0034 21A VTD: 0035 32B PEACH COUNTY VTD: 0005 DISTRICT 1 VTD: 0020 BYRON"
"DISTRICT: 8
JOHNSON COUNTY LAURENS COUNTY BLECKLEY COUNTY TREUTLEN COUNTY DODGE COUNTY PULASKI COUNTY WHEELER COUNTY TELFAIR COUNTY WILCOX COUNTY JEFF DAVIS COUNTY TURNER COUNTY BEN HILL COUNTY WORTH COUNTY

2134

JOURNAL OF THE SENATE

COFFEE COUNTY IRWIN COUNTY TIFT COUNTY BERRIEN COUNTY ATKINSON COUNTY COOK COUNTY CLINCH COUNTY LANIER COUNTY ECHOLS COUNTY BIBB COUNTY
VTD: 0007 EMO7 VTD: 0009 EMO9 VTD: 0014 GODFREY 05 VTD: 0015 GODFREY 06 VTD: 0017 GODFREY 08 VTD: 0018 GODFREY 09 VTD: 0020 HAZARD 06 VTD: 0021 HAZARD 03 VTD: 0024 HO 01 VTD: 0025 HO 02 VTD: 0026 HO 03 VTD: 0027 HO 04 VTD: 0028 HO 05 VTD: 0029 HO 06 VTD: 0030 HO 07 VTD: 0031 HO 08 VTD: 0032 RUTLAND 01 VTD: 0033 RUTLAND 02 (Part)
Tract: 0130. Block(s): 283B, 291
Tract: 0135.01 Block(s): 401, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523
Tract: 0135.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127,129, 130, 133, 134, 135, 136, 137, 205, 206, 207, 208, 209, 210, 211, 212, 303, 305, 306, 307, 308
VTD: 0039 VINEVILLE 06 VTD: 0040 VINEVILLE 07 (Part)
Tract: 0102. Block(s): 115, 207, 208, 209, 210, 211, 212, 214, 304, 401, 402, 403, 404, 405, 406, 407, 408, 409
VTD: 0041 VINEVILLE 08 (Part) Tract: 0110. Block(s): 318, 319 Tract: 0119. Block(s): 101, 102, 103, 112, 113, 201B, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319
VTD: 0042 VINEVILLE 09 VTD: 0045 WA 01 VTD: 0046 WA 02 VTD: 0047 HAZARD 02 VTD: 0048 HAZARD 04 COLQUITT COUNTY VTD: 0001 BRIDGE CREEK (Part)

TUESDAY, MARCH 23, 1993

2135

Tract: 9709. Block(s): 224, 263, 264, 275, 301B, 317, 318, 319, 320, 322, 323, 324, 325A, 325C, 326, 327, 328, 329, 330, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418A, 418B, 418C, 418D, 419, 420, 459, 460, 461, 462
VTD: 0002 CROSLAND VTD: 0003 DOERUN VTD: 0004 FUNSTON (Part)
Tract: 9709. Block(s): 101, 102, 103A, 103B, 104A, 104B, 105, 106, 107, 108, 109, 118, 119, 120, 121, 122,123A, 123B, 124, 125, 126, 127A, 127B, 128, 129B, 130, 132, 133, 308A, 309, 310, 311, 312, 313, 314A
VTD: 0005 HAMILTON VTD: 0007 LEE VTD: 0008 MILL CREEK VTD: 0009 MONK VTD: 0010 MOULTRIE (Part)
Tract: 9703. Block(s): 215A, 215B
Tract: 9704. Block(s): 107A, 108A, 108B, 109A, 110A, 111, 112, 119, 120, 121, 126, 127, 136A, 138A, 139, 140, 141, 142, 143, 201A, 203A, 204, 205, 206, 207, 208, 209, 210, 211, 232, 233, 234, 235A, 236A, 237A, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 335A, 337, 340, 341, 342
Tract: 9706. Block(s): 102A, 104A, 104B, 105A, 106A, 108A, 108C, 116A, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126A, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138,139A, 139B, 301, 302A, 302B, 304, 305, 306A, 307A, 308A, 314A, 315A, 316, 317, 318, 322A
Tract: 9707. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121A, 121B, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131A, 131B, 132, 133, 134, 135, 136, 137, 138, 139, 201, 202, 203, 204, 217, 218, 219, 220, 230, 231, 232, 233, 234, 235, 243, 244, 245, 246, 247, 248, 249, 257, 258, 308, 309, 310, 311, 312, 313, 330, 331, 335, 336, 337, 338, 339, 340, 341, 342, 343, 401, 402A, 402B, 403A, 403B, 404A, 404B, 405, 406A, 406B, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419A, 419B, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 501A, 502, 503, 505, 506, 509A, 510A, 511A, 512A, 513A, 513B, 513C, 514, 515, 516A, 517A, 518A, 519, 520A, 521A, 522A, 537, 538A, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622A, 622B, 623A, 623B, 624, 625A, 626A, 627, 628, 629, 630
Tract: 9708. Block(s): 131, 132, 133, 201, 202, 203, 204, 212, 213, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 301A, 301B, 301D, 301E, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418
VTD: 0011 MURPHY VTD: 0012 NORMAN PARK VTD: 0013 ROBINSON VTD: 0014 THIGPEN VTD: 0015 TY TY VTD: 0016 WARRIOR VTD: 0017 HOPEWELL VTD: 0019 AUTREYVILLE CRISP COUNTY VTD: 0001 CORDELE (Part)
Tract: 9801.

2136

JOURNAL OF THE SENATE

Block(s): 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 121, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 149, 150, 156, 157, 158, 159A, 159B, 160, 161, 162, 163A, 163B, 164, 165, 166, 167, 168, 169, 170, 201, 202, 203, 207, 208, 209, 210, 214, 215A, 215B, 215C, 215D, 215E, 216A, 216B, 217, 218, 219, 220, 221, 222A, 222B, 222C, 223A, 223B, 224A, 224B, 225, 226, 227, 228, 229, 230A, 230B, 231A, 231B, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252A, 252B, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263B, 264B, 265B, 266B, 267, 268, 269, 301A, 301B, 302, 303A, 303B, 304, 305A, 305B, 306B, 306C, 319, 322, 323A, 323B, 324A, 324B, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363
Tract: 9802. Block(s): 101, 102, 103, 104, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143A, 143B, 144A, 144B, 145, 146, 147, 148, 149, 150, 168A, 168B, 168C, 168D, 168E, 168F, 169, 170, 171, 172, 175, 176, 177, 178, 184, 185, 186, 187, 193, 194, 195, 196B, 197B, 328, 431, 432, 433, 434, 345, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 501, 502, 550, 551, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 618, 619
Tract: 9803. Block(s): 113, 118, 119, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 172, 173, 201, 202A, 202B, 202C, 203A, 203B, 204A, 204B, 205A, 205B, 206A, 206B, 207, 208, 209, 210, 211, 212, 213, 214A, 214B, 215, 216A, 216B, 217, 218A, 218B, 219A, 219B, 220A, 220B, 221A, 221B, 221C, 222, 223, 224A, 224B, 224C, 225, 226A, 226B, 227, 228A, 228B, 229A, 229B, 230A, 230B, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255A, 255B, 255C, 256A, 256B, 256C, 256D, 256E, 256F, 257A, 257B, 258A, 258B, 258C, 259A, 259B, 260A, 260B, 261A, 261B, 262A, 262B, 263A, 263B, 264, 265, 266A, 266B, 267A, 267B, 268A, 268B, 269, 270, 271, 301, 302, 303, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 355, 356, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370
Tract: 9804. Block(s): 101, 102, 103, 104, 105, 106, 107A, 107B, 107C, 107D, 108A, 108B, 109A, 109B, 110A, HOB, 111A, 111B, 112A, 112B, 113A, 113B, 114, 115, 116A, 116B, 117A, 117B, 118A, 118B, 119, 120A, 120B, 120C, 121A, 121B, 122A, 122B, 123, 124, 125A, 125B, 126A, 126B, 126C, 127, 128, 129, 130, 131, 132, 133A, 133B, 134A, 134B, 134C, 135A, 135B, 136, 137A, 137B, 138A, 138B, 139, 140, 141A, 141B, 141C, 142, 143, 144, 145, 146, 147, 148, 149, 150, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 301, 302, 307, 308, 309, 310, 319, 320, 327, 328, 329, 330, 335, 336, 337, 338, 339, 401, 402A, 402B, 403, 404, 405A, 405B, 406A, 406B, 406C, 407A, 407B, 407C, 408, 409A, 409B, 410A, 410B, 411, 412, 413, 414A, 414B, 414C, 414D, 414E, 415A, 415B, 415C, 416, 417, 418A, 418B, 432, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 501A, 501B, 502A, 502B, 503A, 503B, 503C, 504, 505, 506, 507, 508, 509, 510, 511A, 511B, 512, 513, 514A, 514B, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527A, 527B, 528A, 528B, 528C, 528D, 529A, 529B, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544
Tract: 9805. Block(s): 101, 102, 103, 104, 105, 106, 107, 114, 115, 116, 117, 118, 119, 120
VTD: 0002 LISTONIA VTD: 0003 HATLEY VTD: 0004 ARABI VTD: 0005 JAMESTOWN

TUESDAY, MARCH 23, 1993

2137

VTD: 0006 CONEY DOOLY COUNTY
VTD: 0002 SIXTH 1012 VTD: 0003 THIRD 516 VTD: 0005 FINDLAY 1552 DOUGHERTY COUNTY VTD: 0001 NATIONAL GUARD ARMORY VTD: 0002 NW LIBRARY VTD: 0003 PORTERFIELD METH CH GYM VTD: 0004 LOWER DEERFIELD-WINDSOR VTD: 0005 WESTOVER HIGH SCHOOL VTD: 0006 MERRY ACRES' JR HIGH SCH VTD: 0008 ALBANY JR COLLEGE VTD: 0023 PUTNEY YOUTH CENTER VTD: 0024 MOCK ROAD ELEMENTARY SCH VTD: 0025 DOUGHERTY JR HIGH SCHOOL VTD: 0026 BRANCH ROAD PRECINCT VTD: 0028 SCOTTISH RITE TEMPLE HOUSTON COUNTY VTD: 0001 RUMB (Part)
Tract: 0205. Block(s): 221, 222, 223, 224, 225, 227A, 227B, 228, 233, 234, 235
Tract: 0207. Block(s): 101B, 201A, 201B, 202, 203A, 203B, 203C, 203D, 204A, 204B, 204C, 205A, 205B, 205C, 206, 207, 208A, 208B, 307A, 307B, 308A, 308C, 401, 402, 403, 404, 405, 406, 407, 408, 409
Tract: 0208. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116. 117, 118, 119, 120, 121, 122, 123, 201, 301, 901A, 901B, 901C
Tract: 0211.01 Block(s): 101A, 101B, 102A, 102B, 103A, 103B, 104A, 104B, 105A, 105B, 105C, 105D, 106, 107, 108A, 108B, 108C, 108D, 108E, 109, 110, 114A, 114B, 115A, 115B
VTD: 0002 MILL VTD: 0003 MSSH (Part)
Tract: 0201.03 Block(s): 301A, 303
Tract: 0202. Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117. 118, 119
Tract: 0203. Block(s): 315, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429
VTD: 0004 RECR (Part) Tract: 0201.02 Block(s): 222, 223 Tract: 0201.03 Block(s): 301B Tract: 0204. Block(s): 125, 127, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 901, 902, 903, 904, 905, 906 Tract: 0205. Block(s): 106, 107, 108, 109, 110, 111, 112, 115, 116, 117, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 226, 229, 230, 231, 232 Tract: 0206. Block(s): 101, 102A, 102B, 102C, 102D, 102E, 103, 201, 202A, 202B, 202C, 202D, 202E, 203, 204A, 204B, 205, 206, 207A, 207B, 208, 901A, 901B, 901C, 901D,

2138

JOURNAL OF THE SENATE

901E, 901F, 901G, 901H, 901J, 901K, 901L, 905, 906, 907A, 907B, 907C, 908A, 908B, 909A, 909B Tract: 0209. Block(s): 101, 102, 103, 104, 106, 107, 112, 113, 119, 120, 121 VTD: 0006 RUSS VTD: 0007 PKWD VTD: 0008 NSJH (Part) Tract: 0201.02 Block(s): 201, 202, 219, 220, 221, 227, 228, 229, 230, 231, 301A, 301C, 302A, 302B, 302C, 303A, 303B, 304, 305, 306A, 306B, 306C, 308, 309A, 309B, 401A, 401B, 401C, 401D, 401E, 401F, 401G, 410H, 401J, 402, 403, 404, 405, 406, 407, 408, 409, 411, 412, 414, 415, 417, 418, 419, 420, 426, 427, 428 VTD: 0009 LII VTD: 0010 UII (Part) Tract: 0211.01 Block(s): 113B Tract: 0211.02 Block(s): 101A, 101B, 102, 103, 104, 105, 106A, 106B, 106C, 106D, 106E, 106F, 107A, 107B, 108, 109, 110, 111A, 111B, 112A, 112B, 113A, 113B, 114A, 114B, 115A, 115B, 116A, 116B, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 301, 304 Tract: 0211.03 Block(s): 101, 102, 103, 104, 105, 201, 202, 203A, 203B, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 301, 302, 303, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 337, 338, 339, 340, 341, 342, 343, 344, 345 VTD: 0011 10TH (Part) Tract: 0211.02 Block(s): 302, 303, 305, 306, 307, 308, 309, 310, 311, 312, 313 Tract: 0211.03 Block(s): 334, 335, 336 Tract: 0212. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 201, 202, 203, 206 VTD: 0012 CENT (Part) Tract: 0201.01 Block(s): 101, 102A, 102B, 102C, 103, 104, 105A, 105B, 106A, 106B, 107, 108A, 108B, 109A, 109B, 110, 111A, 111B, 201A, 201B, 201C, 202, 203, 204, 205, 206A, 206B, 207A, 207B, 207C, 207D, 207E, 208A, 208B, 208C, 209, 210A, 210B, 210C, 211, 212A, 212B, 212C, 213A, 213B, 214A, 214B, 215A, 215B, 216A, 216B, 218A, 218B, 218C, 218D, 218E, 219A, 219B, 219C, 219D, 220, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 408A Tract: 0201.02 Block(s): 203, 206, 207, 208, 209, 211, 212, 213, 214, 215, 216, 217, 218 VTD: 0013 ANNX (Part) Tract: 0209. Block(s): 408, 409, 410, 411 Tract: 0210. Block(s): 301, 302, 303A, 303B, 303C, 303D, 303E, 303F, 303G, 318, 319 Tract: 0211.01 Block(s): 201B, 201C, 201D, 201E, 202A, 202B, 203, 204, 205A, 205B, 206, 207, 208A, 208C, 211B, 211C, 211F, 301A, 301B, 301C, 302A, 302B, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 401, 402, 403, 404, 405A, 405B, 405C, 405D, 406A, 406B, 407A, 407B, 407C, 407D, 407E, 407F,

TUESDAY, MARCH 23, 1993

2139

407G, 408A, 408B, 409A, 409B, 410A, 410B, 410C, 411, 412A, 412B, 413, 414, 415, 416, 417, 418, 419A, 419B, 420, 421, 422, 423, 424A, 424B Tract: 0211.02 Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219 VTD: 0015 12TH (Part) Tract: 0215.02 Block(s): 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 201, 202, 203, 205, 206, 207, 208, 209, 210, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 231, 237, 238, 239, 240, 241, 242 VTD: 0016 TOWN (Part) Tract: 0212. Block(s): 204, 205, 207, 208, 209, 210, 211A, 211B, 212, 213A, 213B, 214, 215, 301, 302, 303A, 303B, 508, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628, 629, 630, 631, 701, 702, 703, 704, 709, 710 Tract: 0213. Block(s): 101, 102A, 102B, 103A, 103B, 104, 105, 106, 107, 108, 109A, 109B, 110, 111, 112, 113A, 113B, 113C, 114, 115A, 115B, 115C, 115D, 116, 117A, 117B, 117C, 131, 132, 303, 304, 311D, 314, 315, 316, 317, 428A, 428B, 429B, 430B, 431, 432 Tract: 0214. Block(s): 111, 112, 113, 114, 115, 116, 117, 118, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 301, 302, 303, 304, 305A, 305B, 306A, 306B, 307A, 307B, 308, 309, 310, 311, 312, 313A, 313B, 313C, 314, 315, 316, 317, 318A, 318B, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328A, 328B, 329, 330, 331, 332, 401, 402A, 402B, 407, 408, 507, 525, 526, 527, 528, 529, 530 Tract: 0215.02 Block(s): 143B, 144, 145 VTD: 0017 WRJH JONES COUNTY VTD: 0001 BARRON AND CLINTON (Part) Tract: 0301.02 Block(s): 117, 118, 119, 204, 205, 206, 208, 209, 225, 226, 227 VTD: 0005 ROBERTS (Part) Tract: 0301.02 Block(s): 207, 213, 219, 220, 221, 222, 223, 224, 228, 229, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331 VTD: 0008 ROBERTS 4 LEE COUNTY VTD: 0002 REDBONE VTD: 0003 LEESBURG (Part) Tract: 0203. Block(s): 424, 430, 431B, 432, 433, 434B, 435, 436, 437, 439A, 439B, 440A, 440B, 440C, 441A, 441B, 441C, 442, 443, 444A, 444B, 445A, 445B, 446A, 446B, 447, 448, 449, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 475A, 475B, 476A, 476B, 477A, 478, 479, 480, 501, 502, 503, 504, 505A, 506, 507A, 508 VTD: 0004 CENTURY VTD: 0005 PALMYRA LOWNDES COUNTY VTD: 0001 HAHIRA VTD: 0002 MINEOLA (Part) Tract: 0102.

2140

JOURNAL OF THE SENATE

Block(s): 461, 462, 475, 476, 477, 478, 479, 480, 481, 482, 483, 485, 486, 487 VTD: 0003 MOODY MASONIC VTD: 0004 MATHIS AUDITORIUM (Part)
Tract: 0101. Block(s): 305A, 305B, 306
Tract: 0103. Block(s): 201A, 202, 203A, 204A, 205, 206A, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219A, 221A, 221B, 221C, 222A, 222B, 233, 234A, 235, 236, 237, 238, 251, 252, 254A, 257A
Tract: 0104. Block(s): 125A, 126, 127, 128, 129, 130, 131A, 132A, 132B, 134A, 135A, 139A, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 201, 202, 203, 204, 205, 206, 207, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234
VTD: 0006 CHURCH LATTERDAY SAINTS VTD: 0008 NAYLOR COURTHOUSE VTD: 0009 CLYATTVILLE VTD: 0010 DASHER VTD: 0011 LAKE PARK VTD: 0012 FIRST CHRISTIAN CHURCH VTD: 0013 LOWNDES CIVIC CENTER AND FORREST PK CHURCH (Part)
Tract: 0105. Block(s): 101, 102, 129
Tract: 0106. Block(s): 301A, 301B, 302, 303A, 303B, 303C
Tract: 0107. Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 255, 256, 257, 258, 259, 260, 301, 302, 303, 304, 305, 306, 307, 308, 309, 311, 312, 313, 314, 315, 316, 317, 318, 322, 328, 329
Tract: 0108. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113B, 114, 131, 132, 133, 134, 201, 202A, 202B, 202C, 203, 401B, 434B, 436B
VTD: 0014 SOUTHSIDE FIRE DEPARTMENT VTD: 0016 REDLANDS BAPTIST CHURCH VTD: 0017 SHILOH FIRE STATION (Part)
Tract: 0102. Block(s): 342, 343, 344A, 344B, 344C, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456
VTD: 0018 NEW COVENANT CHURCH (Part) Tract: 0101. Block(s): 269, 270, 271, 274A, 274B, 275, 277, 278, 279, 280, 281, 283, 284, 285, 289, 290, 291, 292, 293, 305E, 305F, 305G, 305H, 305J, 305K, 305M Tract: 0103. Block(s): 101, 102B, 102C, 103B, 104, 105, 201B, 201C, 301D, 201E, 201F, 201G, 201H, 201J, 201K, 201L, 201M, 203B, 204B, 206B, 206C, 206D, 206E, 206F, 206G, 219B, 220B, 221D, 221E, 222C, 222D, 222E, 241B, 241C, 241D, 242, 243, 244, 245, 246, 247, 248B, 253C, 254C, 256B, 257B, 257C, 257D Tract: 0104. Block(s): 101B, 102B, 103B, 117B, 122B, 122C, 123B, 124B, 125B, 125C, 131B, 132C, 133, 134B, 135B, 139B Tract: 0106. Block(s): 101B, 101C, 102C, 102D, 102E, 104, 105B, 105C, 106, 107, 108, 109B,

TUESDAY, MARCH 23, 1993

2141

109C, 109D, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211B, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221A, 221B, 221D, 222, 223, 224, 225, 226, 227, 228 VTD: 0021 REMERTON CITY HALL VTD: 0022 EVANGEL CATHEDRAL TWIGGS COUNTY VTD: 0002 HAMMOCK VTD: 0006 PEARSON 1 VTD: 0008 SMITH VTD: 0011 PEARSON 2 (Part) Tract: 0601.98 Block(s): 389 Tract: 0602. Block(s): 501, 502, 505, 507, 509, 510, 515, 516, 518"
Section 2. Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is amended in Code Section 28-2-2, relating to apportionment of the Senate and qualifications of its members, by striking from subsection (a) the descriptions of Senate districts No. 21, 32, 33, 37, 42, 48, 53, 54, and 56 and inserting in their respective places new district descriptions to read as follows:
"District: 21
COBB COUNTY VTD: 0003 BELLS FERRY 1 VTD: 0004 BELLS FERRY 2 VTD: 0005 BELLS FERRY 3 VTD: 0023 ELIZABETH 2 (Part) Tract: 0305.01 Block(s): 205, 206, 207, 208, 209, 210, 301B, 302, 303, 304, 305, 306, 307B, 308B, 309, 310, 311, 409, 501, 502, 503, 504, 601B, 601C, 601D, 602K, 701B, 702, 703, 704, 705, 706, 707, 708, 709, 710C, 711B, 713, 714, 715, 716, 819 VTD: 0024 ELIZABETH 3 (Part) Tract: 0305.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112B, 112C, 113, 114C, 115, 116, 201C, 201D, 203, 204, 205, 206, 207, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410 Tract: 0305.03 Block(s): 301 VTD: 0025 ELIZABETH 4 (Part) Tract: 0305.03 Block(s): 302B, 302C, 302D, 303, 304, 305, 306, 307C, 308B, 309C, 309D, 310, 311, 312, 313, 314B, 315C, 318B, 401, 402B, 404, 405, 406B, 411B, 411C, 411D, 412B, 413B VTD: 0026 ELIZABETH 5 AND SEWELL MILL 1 (Part) Tract: 0303.15 Block(s): 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415 That part of Block 501 which lies west of a branch of Sewell Mill Creek extended to its intersection with Post Oak Tritt Road Block(s): 502, 503, 504, 509, 510, 511, 512, 513, 514, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 701, 702, 703, 704, 705, 706, 802, 803, 807, 808, 809, 810, 811, 812 VTD: 0033 FULLERS 1 AND FULLERS 2 (Part) Tract: 0304.01 Block(s): 907B, 908, 920B, 920C Tract: 0304.02 Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 216, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 601B, 602, 603, 604B, 605, 606, 608, 609, 611, 613, 614, 615B, 649, 650

2142

JOURNAL OF THE SENATE

Tract: 0304.05 Block(s): 205B, 301, 302, 303, 304, 401C, 401D, 401E, 402B, 403, 404, 405, 406B, 407C, 501, 502, 503, 504, 601B, 601C, 602B, 603C, 701B, 702, 703, 704B, 901, 902, 903, 904, 905
VTD: 0035 FULLERS 3 VTD: 0036 FULLERS 4 (Part)
Tract: 0304.05 Block(s): 407A, 407F
Tract: 0304.06 Block(s): 801C
VTD: 0038 GARRISON MILL VTD: 0039 CRITTERS 1 VTD: 0040 GRITTERS 2 VTD: 0041 GRITTERS 3 VTD: 0042 GRITTERS 4 VTD: 0043 GRITTERS 5 VTD: 0044 GRITTERS 6 VTD: 0045 GRITTERS 7 VTD: 0062 MARIETTA 6 (Part)
Tract: 0304.01 Block(s): 901A, 906A, 907A, 919A, 920A, 920D
Tract: 0304.02 Block(s): 601A, 604A, 615A
Tract: 0304.05 Block(s): 101, 102, 103, 104, 201, 202, 203A, 203B, 204, 205A, 401A, 402A, 601A, 602A, 603A, 603B, 701A, 704A, 801, 802, 803 Tract: 0305.02 Block(s): 112A, 114B
Tract: 0305.03 Block(s): 202A, 205A, 207, 302A, 307A, 307B, 308A, 309A, 309B, 315B, 316A, 316B, 317, 318A, 402A, 403, 406A, 407, 308, 409, 410, 411A, 412A, 413A, 414, 415, 416, 417, 418, 419A, 501A, 502A, 502B, 503A
VTD: 0063 MARIETTA 7 (Part) Tract: 0304.05 Block(s): 401B, 406A, 407B, 408, 410 Tract: 0304.06 Block(s): 801A
VTD: 0068 MT. BETHEL 2 (Part) Tract: 0303.17 Block(s): 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 701, 702, 703
VTD: 0079 PARKAIRE VTD: 0081 POST OAK 1 VTD: 0082 POST OAK 2 AND POST OAK 9 VTD: 0083 POST OAK 3 VTD: 0084 POST OAK 4 VTD: 0086 POST OAK 6 VTD: 0087 POST OAK 8 VTD: 0092 SEWELL MILL 2 VTD: 0093 SEWELL MILL 3 AND SEWELL MILL 4 (Part)
Tract: 0304.01 Block(s): 106, 117, 118, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 901B, 902, 903, 904, 905, 906B, 909, 910, 911, 912, 913, 914, 915, 916, 917, 918, 919B, 920E
Tract: 0304.02 Block(s): 112, 127
Tract: 0305.03 Block(s): 201, 202B, 203, 204, 205B, 205C, 206, 419B, 419C, 501B, 502C, 503B, 503C, 504, 505, 506, 507, 508

TUESDAY, MARCH 23, 1993

2143

VTD: OOA3 SOPE CREEK 1 VTD: OOB3 CRITTERS 8 VTD: OOB4 CRITTERS 11 VTD: OOB5 CRITTERS 10 VTD: OOB7 CRITTERS 9"
''District: 32
COBB COUNTY VTD: 0009 BIRNEY 1 VTD: 0010 BISHOP LAKE VTD: 0011 CHATTAHOOCHEE 1 VTD: 0012 CHATTAHOOCHEE 2 VTD: 0014 CHESTNUT RIDGE VTD: 0016 DICKERSON VTD: 0017 DOBBINS 1 (Part) Tract: 0311.01 Block(s): 101B, 101C, 101D, 103, 104, 106B, 121B, 122B Tract: 0311.03 Block(s): 109B, 110A, HOD, HOE, 110F, 116B, 201B, 204B, 204C, 205C, 205D, 205E, 205F, 206, 207B, 207C, 210B, 211B, 212, 213, 214, 218B, 219, 220, 221B, 222B, 223B, 224B, 224C, 226C, 226D, 226E, 226F, 230B, 321B, 323B, 233B, 234, 235, 236, 237, 239, 301B, 302B, 303C, 303D, 304B, 310B Tract: 0311.07 Block(s): 205B Tract: 0311.08 Block(s): 102E, 102F, 102G, 103B, 106B, 107B, 201B, 204B, 204C, 204D, 205B, 215B, 411B, 411C VTD: 0019 DODGEN VTD: 0021 EASTSIDE VTD: 0026 ELIZABETH 5 AND SEWELL MILL 1 (Part) Tract: 0303.15 That part of Block 501 which lies east of a branch of Sewell Mill Creek extended to its intersection with Post Oak Tritt Road Block(s): 505, 506, 507, 508 VTD: 0036 FULLERS 4 (Part) Tract: 0304.05 Block(s): 407D, 407E, 407G, 409 Tract: 0304.06 Block(s): 801B VTD: 0037 FULLERS 5 VTD: 0055 MABLETON 4 VTD: 0067 MT. BETHEL 1 VTD: 0068 MT. BETHEL 2 (Part) Tract: 0303.17 Block(s): 501, 502, 503, 504, 505, 506, 507, 508 VTD: 0069 MT. BETHEL 3 VTD: 0071 NORTON PARK 1 (Part) Tract: 0311.05 Block(s): 105B, 107B, 112, 116D, 116E, 116F, 116G, 117, 118, 124B, 126B, 126C, 127, 128B, 129, 130B, 130C, 132, 135C, 136B, 136C, 137B, 139B, 602, 603, 604, 615, 621, 623 Tract: 0311.06 Block(s): 409, 410 Tract: 0311.07 Block(s): 404, 405, 406, 407, 408, 411, 413, 414, 415, 419, 420, 422 VTD: 0072 NORTON PARK 2 VTD: 0073 OAKDALE 1

2144

JOURNAL OF THE SENATE

VTD: 0074 OAKDALE 2 VTD: 0076 OREGON 2 VTD: 0085 POST OAK 5 VTD: 0095 SMYRNA 1 VTD: 0096 SMYRNA 2 VTD: 0097 SMYRNA 3 VTD: 0098 SMYRNA 4 VTD: 0099 SMYRNA 5 VTD: OOA1 SMYRNA 6 VTD: OOA2 SMYRNA 7 VTD: OOA4 SOPE CREEK 2 VTD: OOA5 SOPE CREEK 3 VTD: OOA9 VININGS 1 VTD: OOB1 VININGS 2 VTD: OOB2 VININGS 3 VTD: OOC2 BIRNEY 2
District: 33
COBB COUNTY VTD: 0002 AUSTELL VTD: 0015 CLARKDALE VTD: 0017 DOBBINS 1 (Part) Tract: 0311.08 Block(s): 102A VTD: 0018 DOBBINS 2 (Part) Tract: 0303.21 Block(s): 302B, 303, 304, 305, 306, 307, 308, 309, 310, 311, 403B, 403C, 403D Tract: 0304.04 Block(s): 101E, 102B, 103B, 104, 105, 301B, 401C, 401D, 401E, 503B, 504, 601B, 603B Tract: 0304.06 Block(s): 101C, 101D, 101E, 101F, 101G, 102B, 301B, 301C, 401C, 401D, 401E, 401F, 501D Tract: 0305.03 Block(s): 208B Tract: 0308. Block(s): 208, 209C, 209D, 215B, 312B, 312C, 318B Tract: 0310.01 Block(s): 901, 902, 903, 904, 905, 906, 907A, 907B, 908B, 909A, 909B, 910C, 910E, 910F, 910G, 910H, 910J, 910K, 910L, 910M, 910N, 910P, 913, 914, 915A, 915B, 915C, 915D, 916, 917, 918, 919A, 919B, 920, 921, 922, 923, 924A, 924B, 924C, 925B, 925C Tract: 0311.08 Block(s): 102H, 102J, 202B, 209B, 301, 302, 303B, 305, 306, 307, 309, 310B, 311, 312, 313B, 313C, 314B, 316, 317, 318, 320B, 321B, 322, 401D, 401E, 403, 404A, 404B, 405A, 405C, 406, 407, 408, 409B, 411D VTD: 0022 ELIZABETH 1 (Part) Tract: 0305.01 Block(s): 901B, 902B, 902C, 903B, 904, 905C, 905D, 908B, 909 Tract: 0305.02 Block(s): 601C Tract: 0305.03 Block(s): 108B Tract: 0306. Block(s): 101B, 102B, 103B, 104B, 105, 106B, 106C, 107, 109B, 114, 115B, 115C, 118B, 118C, 119B, 119C, 120B, 121, 122B, 124B, 125B, 127B, 132B, 132C, 201B, 202, 203, 217, 308B, 325B, 405C, 419B, 420B, 421B, 422B, 423B, 424F,

TUESDAY, MARCH 23, 1993

2145

424G, 424H, 424J, 424K, 424L, 424M, 425B, 425C, 501D, 501E, 601, 602, 603, 604, 605, 606C, 606D, 606E, 607B, 607C, 609, 701, 702, 703B, 704B, 705B, 706C, 707, 708B, 708C, 708D, 708E, 708F, 709, 710, 711B, 711C, 711D, 712, 713B VTD: 0023 ELIZABETH 2 (Part) Tract: 0305.01 Block(s): 602F, 602G, 602H, 602J, 602L, 603, 604D, 604E, 604F, 605C, 605D, 606C, 710B, 711C, 717B, 718B VTD: 0024 ELIZABETH 3 (Part) Tract: 0305.02 Block(s): 201B, 202C VTD: 0025 ELIZABETH 4 (Part) Tract: 0305.02
Block(s): 301, 302B, 303C, 303D, 303E, 304B, 305C, 305D, 305E, 306, 307, 308, 309, 310, 316B, 317B, 317C, 318B, 319
VTD: 0027 FAIR OAKS 1 VTD: 0028 FAIR OAKS 2 VTD: 0029 FAIR OAKS 3 VTD: 0030 FAIR OAKS 4 VTD: 0031 FAIR OAKS 5 VTD: 0032 FAIR OAKS 6 (Part)
Tract: 0306. Block(s): 108B, 109C, HOC, 113B, 128B
Tract: 0307 Block(s): 118C
Tract: 0308. Block(s): 206B
Tract: 0309.02 Block(s): 123A, 201, 202A, 203A, 204, 205, 206A, 207A, 209, 210, 211, 212, 213, 303, 304, 305, 306, 307, 402B, 402C, 402D, 701B, 701C
Tract: 0309.03 Block(s): 202B
Tract: 0310.02 Block(s): 101, 102, 209A, 210C, 213B, 213C, 224A
VTD: 0036 FULLERS 4 (Part) Tract: 0304.06 Block(s): 601, 602C, 603, 701B, 702, 703
VTD: 0046 HOWELLS 1 (Part) Tract: 0313.02 Block(s): 111, 117
VTD: 0048 HOWELLS 3 VTD: 0052 MABLETON 1 VTD: 0053 MABLETON 2 VTD: 0054 MABLETON 3 VTD: 0056 MACLAND (Part)
Tract: 0315.01 Block(s): 110D, HOE, HOG
Tract: 0315.02 Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216B, 217, 218, 219, 220, 221, 222, 223, 224, 225, 401D, 402B, 801B, 801C
VTD: 0057 MARIETTA 1 VTD: 0058 MARIETTA 2A (Part)
Tract: 0309.02 Block(s): 402A, 403, 404, 405, 406, 407, 505, 506, 701A
VTD: 0059 MARIETTA 3 VTD: 0060 MARIETTA 4 (Part)
Tract: 0305.01 Block(s): 908A

2146

JOURNAL OF THE SENATE

Tract: 0305.02 Block(s): 602
Tract: 0306. Block(s): 101A, 102A, 103A, 104A, 106A, 108A, 109A, 110A, HOB, 111, 112, 113A, 115A, 116, 117, 118A, 119A, 120A, 122A, 123, 124A, 125A, 126, 127A, 128A, 132A, 201A, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 218, 220, 221, 225, 226, 318, 319, 320, 321, 322, 402, 404, 405A, 405B, 406, 407, 408, 409, 410, 419A, 420A, 421A, 422A, 423A, 424A, 424B, 424C, 424D, 424E, 425A, 426, 606A, 606B, 607A, 608, 703A, 704A, 705A, 706A, 708A, 708G
Tract: 0307. Block(s): 402, 403, 404, 405, 406, 407B, 412, 416, 417, 420, 421, 501, 503, 504, 505, 506, 507, 508, 509, 510, 518, 519
VTD: 0061 MARIETTA 5 (Part) Tract: 0305.01 Block(s): 301A, 307A, 308A, 601A, 601E, 602A, 602B, 602C, 602D, 602E, 604A, 604B, 604C, 605A, 605B, 606A, 606B, 701A, 710A, 711A, 712, 717A, 718A, 901A, 902A, 903A, 905A, 905B, 906, 907 Tract: 0305.02 Block(s): 114A, 201A, 201E, 202A, 202B, 302A, 303A, 303B, 304A, 305A, 311, 312, 313, 314, 315, 316A, 601A, 601B, 603, 604, 605, 606, 607A, 607B Tract: 0306. Block(s): 706B, 711A, 713A Tract: 0307. Block(s): 101, 102, 103, 104, 105, 108, 111, 112, 113, 114, 115, 116, 118A, 118B, 119, 120, 121, 122, 123, 312, 313, 316, 317, 502, 511, 512, 513, 514, 515, 516, 517, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, 715
VTD: 0062 MARIETTA 6 (Part) Tract: 0304.04 Block(s): 301 A, 302 Tract: 0305.02 Block(s): 305B, 317A, 318A Tract: 0305.03 Block(s): 101, 102, 103, 104, 105, 106, 107, 108A, 109, 110, 111, 112, 208A, 209, 210, 211, 212, 213, 214, 215, 216, 314A, 315A, 601, 602, 603, 604 Tract: 0307. Block(s): 106, 107, 109, 201
VTD: 0063 MARIETTA 7 (Part) Tract: 0304.04 Block(s): 101C, 101D, 102A, 103A, 201, 202, 303, 401A, 401B, 402, 403, 404, 405, 501, 502, 503A, 601A, 602, 603A, 604, 701, 702, 703, 704, 801 Tract: 0304.06 Block(s): 602A, 602B, 602D, 701A Tract: 0308. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 201, 202, 203, 204, 205, 806, 809
VTD: 0070 MT. HARMONY VTD: 0071 NORTON PARK 1 (Part)
Tract: 0311.05 Block(s): 601, 620, 624, 625
VTD: 0078 OREGON 4 VTD: 0080 PEBBLEBROOK VTD: 0089 POWDER SPRINGS (Part)
Tract: 0315.01 Block(s): 109A, 110A, HOB, HOC, 301, 302, 303A, 303B, 309A, 310A, 310B, 311A, 311B, 312A, 315A, 317, 701A, 702A, 703A
Tract: 0315.02

TUESDAY, MARCH 23, 1993

2147

Block(s): 216A, 303A, 304, 305, 401A, 401B, 401C, 402A, 403A, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415A, 415B, 416, 417, 418, 419, 501, 502, 503, 504, 505A, 505B, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516A, 517, 518, 519A, 520, 521, 522, 523A, 525A, 526A, 526B, 602A, 603, 604, 605, 606, 607A, 608, 609A, 609B, 609C, 610B, 610C, 701A, 701B, 702A, 702B, 703A, 703B, 704, 705A, 705B, 707A, 801A, 810A, 906A, 907A, 908A, 909, 910A
VTD: OOA6 SWEETWATER 1 VTD: OOA7 SWEETWATER 2 VTD: OOA8 SWEETWATER 3 VTD: OOB9 MARIETTA 2B (Part)
Tract: 0310.02 Block(s): 209B"
"District: 37
CHEROKEE COUNTY VTD: 0002 BELLS VTD: 0016 WOODSTOCK
COBB COUNTY VTD: 0001 ACWORTH VTD: 0006 BIG SHANTY 1 VTD: 0007 BIG SHANTY 2 VTD: 0008 BIG SHANTY 3 VTD: 0013 CHEATHAM HILL 1 VTD: 0020 DUE WEST VTD: 0022 ELIZABETH 1 (Part) Tract: 0306. Block(s): 308C, 417B, 501A, 501C, 502B, 506B, 901C, 901D, 902B, 902C, 902D, 902E, 917E VTD: 0032 FAIR OAKS 6 (Part) Tract: 0309.03 Block(s): 101D, 102, 201B, 202C, 202D Tract: 0310.02 Block(s): 213D VTD: 0049 KENNESAW 1 VTD: 0050 KENNESAW 2 VTD: 0051 LOST MOUNTAIN VTD: 0056 MACLAND (Part) Tract: 0315.01 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109B, 110F, 111, 112, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211B, 212B, 213B, 213C, 213D, 214A, 214B, 215A, 215B, 216A, 216B, 217B, 218B Tract: 0315.02 Block(s): 301B, 301C, 301D, 302B, 303B, 403B, 901, 902, 903, 904, 905, 906B, 907B, 908B, 908C, 910B VTD: 0058 MARIETTA 2A (Part) Tract: 0309.01 Block(s): 101A, 201, 202, 203, 204, 205, 206, 207, 401A, 402, 403, 501A, 601A, 601B, 601C, 601D, 602, 603A, 604A, 701A, 702, 703A Tract: 0309.02 Block(s): 408, 409, 410, 411, 702 VTD: 0060 MARIETTA 4 (Part) Tract: 0302.07 Block(s): 108A, 113B, 113C, 113D, 114A, 115A, 115B, 801A, 802A, 823A Tract: 0306. Block(s): 411, 412, 413, 414, 415, 416, 417A, 418, 501B, 502A, 503, 504, 505, 506A, 901A, 901B, 902A, 903, 904, 905, 917A, 917B, 917C, 917D, 919 Tract: 0309.01

2148

JOURNAL OF THE SENATE

Block(s): 301A, 302, 303, 304 VTD: 0064 MARS HILL 1 VTD: 0065 MARS HILL 2 VTD: 0066 MARS HILL 3 VTD: 0075 OREGON 1 VTD: 0077 OREGON 3 (Part)
Tract: 0309.01 Block(s): 101B, 301B, 301C, 401B, 401C, 501B, 502, 503, 601E, 601F, 601G, 601H, 601J, 601K, 601L, 601M, 603B, 604B, 701B, 701C, 701D, 703B
Tract: 0309.03 Block(s): 302B, 302C, 302D, 302E, 302F, 305, 306, 401B, 401C, 401D, 403, 404, 405, 406, 407, 501B, 501C, 501D, 502, 503, 504, 505, 506, 507, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613
Tract: 0310.02 Block(s): 211, 212, 224C, 225B, 226, 227, 228
VTD: 0089 POWDER SPRINGS (Part) Tract: 0315.01 Block(s): 211A, 212A, 213A, 217A, 217C, 218A Tract: 0315.02 Block(s): 301A, 302A, 302C
VTD: 0090 RED ROCK VTD: OOB6 KEMP VTD: OOB8 CHEATHAM HILL 2 VTD: OOB9 MARIETTA 2B (Part)
Tract: 0309.03 Block(s): 101A, 101B, 101C, 201A, 202A, 203, 204, 301, 302A, 303, 304, 401A, 402, 501A
Tract: 0310.02 Block(s): 210A, 210B, 213A, 223, 224B, 225A
VTD: OOC1 OREGON 5"
"District: 42
DEKALB COUNTY VTD: 0003 ASHFORD PARK VTD: 0008 BRIAR VISTA VTD: 0009 BRIARCLIFF NORTH VTD: 0010 BRIARCLIFF SOUTH VTD: 0012 BRIARWOOD VTD: 0013 BROCKETT (Part) Tract: 0218.10 Block(s): 302, 303 VTD: 0014 CALLANWOLDE VTD: 0020 CHAMBLEE NORTH VTD: 0021 CHAMBLEE SOUTH VTD: 0024 CLAIREMONT VTD: 0025 CLAIRMONT HILLS VTD: 0028 CORALWOOD VTD: 0030 CROSS KEYS VTD: 0032 DORAVILLE NORTH VTD: 0033 DORAVILLE SOUTH VTD: 0034 DRESDEN VTD: 0035 DRUID HILLS AND MARY LIN VTD: 0041 EMORY VTD: 0042 EPWORTH VTD: 0045 FERNBANK VTD: 0048 GLENNWOOD VTD: 0061 JOHNSON ESTATES

TUESDAY, MARCH 23, 1993

2149

VTD: 0068 LAUREL RIDGE VTD: 0074 MARGARET HARRIS VTD: 0079 MEDLOCK VTD: 0086 MONTCLAIR VTD: 0087 MONTREAL (Part)
Tract: 0217.04 Block(s): 901, 902, 912, 913, 914, 915
Tract: 0220.01 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109A, 109B, 109C, 111, 112, 113,
114, 115, 116, 117, 118, 415A, 421, 422, 423 VTD: 0092 NORTHLAKE VTD: 0093 NORTHWOODS VTD: 0094 OAK GROVE VTD: 0095 OAKCLIFF VTD: OOAK REHOBOTH VTD: OOAR SAGAMORE VTD: OOAU SCOTT VTD: OOAY SILVER LAKE (Part)
Tract: 0211. Block(s): 110, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 221, 222, 223, 224, 301
VTD: OOBA SKYLAND VTD: OOBW WESLEY WOODS VTD: OOBX WESTCHESTER"
"District: 48
FORSYTH COUNTY VTD: 0001 BIG CREEK VTD: 0002 BRANDYWINE VTD: 0007 CUMMINGS VTD: 0008 MASHBURN VTD: 0010 MIDWAY
FULTON COUNTY VTD: OOP3 NC05 (Part) Tract: 0116.03 Block(s): 105, 106, 107, 301, 302, 303, 304, 305, 306, 307, 308, 312, 313, 314, 315, 316
GWINNETT COUNTY
VTD: 0001 1295A VTD: 0017 1564 VTD: 0018 1263A VTD: 0019 1263B VTD: 0020 1749 VTD: 0024 404A VTD: 0025 478 VTD: 0026 444A VTD: 0027 444B VTD: 0028 407A VTD: 0030 407C VTD: 0044 1397 VTD: 0046 1587 VTD: 0047 550A VTD: 0048 550B VTD: 0049 1604 VTD: 0052 1263C (Part)
Tract: 0502.03 Block(s): 101A, 101B, 102, 103, 104, 105, 106, 107A, 107B, 107C, 107D, 107E,

2150

JOURNAL OF THE SENATE

108A, 108B, 109A, 109B, 110, 111A, 111B, 112, 113, 114, 115, 116, 117A, 117B, 118, 119, 301, 302A, 302B, 302C, 302D, 303A, 304, 307, 308, 309, 310, 311, 312, 313, 314, 317, 318, 330, 331 VTD: 0053 1263D VTD: 0055 407D VTD: 0062 550C VTD: 0063 550D VTD: 0067 404B VTD: 0068 407F VTD: 0074 404C"
"District: 53
DADE COUNTY WALKER COUNTY CHATTOOGA COUNTY WHITFIELD COUNTY
VTD: 0007 ANTIOCH VTD: 0008 CARBONDALE VTD: 0010 DUG GAP VTD: 0012 FINCHER VTD: 0015 MILL CREEK AND WESTSIDE (Part)
Tract: 0007. Block(s): 109, 110, 111, 112, 113, 114, 230, 231, 232, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 321, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419
Tract: 0008. Block(s): 120A, 120C, 120D, 121B, 121C, 123D, 148, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 301 That part of Block 302B which lies outside the corporate limits of Dalton Block(s): 302C, 302D, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 413, 414, 415, 417, 474, 475, 476, 477, 478
VTD: 0018 TILTON VTD: 0019 TRICHUM
District: 54
CATOOSA COUNTY MURRAY COUNTY WHITFIELD COUNTY
VTD: 0001 1A VTD: 0002 2A VTD: 0003 3A VTD: 0004 4A VTD: 0005 5A VTD: 0006 6A VTD: 0009 COHUTTA VTD: 0011 EASTSIDE VTD: 0013 GROVELEVEL VTD: 0014 LOWER TENTH VTD: 0015 MILL CREEK AND WESTSIDE (Part)
Tract: 0008. Block(s): 120B, 121A, 122, 123A, 123B, 123C, 302A That part of Block 302B which lies within the corporate limits of Dalton
VTD: 0016 NINTH VTD: 0017 PLEASANT GROVE

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VTD: 0020 TUNNEL HILL VTD: 0021 UPPER TENTH VTD: 0022 VARNELL"
"District: 56
CHEROKEE COUNTY VTD: 0010 LICK SKILLET VTD: 0015 WILDCAT (Part) Tract: 0908. Block(s): 702, 702, 704, 705
FULTON COUNTY VTD: OOK5 AP01 VTD: OON7 MP01 VTD: OON8 NC01 VTD: OON9 NC02 VTD: OOP1 NCOS VTD: OOP2 NC04 VTD: OOPS NCOS (Part) Tract: 0114.08 Block(s): 801 Tract: 0114.09 Block(s): 101, 102, 103, 401, 402, 403, 404, 405 Tract: 0116.03 Block(s): 309, 310, 311, 801, 802, 803, 804, 805, 806, 807, 808, 809, 810, 901, 904, 905, 906, 907, 908, 909, 910, 911, 912, 913 VTD: OOP5 NC07 (Part) Tract: 0014.08 Block(s): 201C, 206B, 208B VTD: OOP6 NCOS VTD: OOP7 NC09 VTD: OOR2 RW01 VTD: OOR3 RW02 VTD: OOR7 RW05 VTD: OOR8 RW06 VTD: OOR9 RW07 VTD: OOW5 SS18 VTD: OOW6 SS19 VTD: OOW9 SS22 VTD: 00X3 AP02 VTD: 00Y2 RW09
GWINNETT COUNTY VTD: 0036 406C VTD: 0040 406G VTD: 0041 406H VTD: 0052 1263C (Part) Tract: 0502.03 Block(s): 303B, 305, 306 VTD: 0058 406L VTD: 0059 406M"
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to: (1) all elections held on and after its effective date for members of the United States House of Representatives from Georgia; and (2) all elections held on or after its effective date for members of the Georgia Senate.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

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Senator Blitch of the 7th moved that the Senate adopt the Conference Committee re port on HB 964.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Balfour Baugh Blitch Boshears nOW6n , Alv. Broun of 46th Brown of 26th BChuerteokns
Clay
Coleman
Crotts Dawkins Day
Dean

Edge Egan Farrow Gillis Glanton Gochenour Harbison Hemmer HHoilol ks
Huggins
Isakson
Langford of 35th Langford of 29th Madden
Marable

Middleton Oliver Perdue Pollard R of nth R of 32nd R 1t _ R*o*b.inson
bcott
slotln
Starr Thompson Turner
Tysinger

Those not voting were Senators:

Abernathy Garner Henson

Kemp Newbill Parrish

Taylor Thomas Walker

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 964.

Senator Gillis of the 20th assumed the Chair at the direction of the President.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

SB 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 House substitute to SB 29 was as follows:

A BILL
To be entitled an Act to amend Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor and the office of the Governor, so as to provide that certain positions of employment in the Office of Planning and Budget shall be in the unclas sified service of the state merit system of personnel administration; to provide for the method of determination of compensation of such employees; to change the composition of the Governor's Development Council; to change the administrative attachment of said coun cil; to amend Code Section 45-20-2, relating to defined terms relating to the state merit

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2153

system of personnel administration, so as to make a conforming amendment for the forego ing; 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. Code Section 45-12-72 of the Official Code of Georgia Annotated, relating to establishment of the Office of Planning and Budget, is amended by striking subsection (c) and inserting in its place a new subsection to read as follows:
"(c) The administrative head of the Office of Planning and Budget is the director of the Office of Planning and Budget, who shall be appointed by the Governor to serve at his the Governor's pleasure. The director shall be responsible for management of the office an3 shall exercise supervision and control over the office. The director of the Office of Planning and Budget is authorized to employ such other professional, technical, and clerical person nel as he the director may deem necessary to carry out the duties prescribed in this part. The Except as otherwise provided in this subsection, the employees of the Office of Planning and Budget shall be governed by the rules and regulations of the State Personnel Board, under Article 1 of Chapter 20 of this title. The Office of Planning and Budget shall pay its pro rata share of the administrative cost of operating the Merit System of Personnel Administration, in the manner prescribed in Article 1 of Chapter 20 of this title. All employ ees in the position classification policy coordinator shall be in the unclassified service of the state merit system. Any and all salary increases for such employees shall be based, in part, on each individual employee's job performance as measured by a standard operative ap praisal system and, in part, on general increases given to all state employees. The Governor is authorized to delegate to the director of the Office of Planning and Budget such of his powers, duties, and authority under this part as he the Governor deems advisable; and he the Governor shall have the right to retract any such delegation at any time."
Section 2. Said chapter is further amended by striking Code Section 45-12-203, relating to the composition of the Governor's Development Council, and Code Section 45-12-205, relating to administrative attachment of the council, and inserting in their respective places new Code sections to read as follows:
"45-12-203. (a) Membership on the council shall be as follows: the Governor or his the Governor's designee, the commissioner of community affairs, the commissioner of industry, trade, and tourism, the commissioner of natural resources, the commissioner of transporta tion, the director of the Office of Planning and Budget, the executive director of the Georgia Environmental Facilities Authority, and five nine private sector members appointed by the Governor. Private sector members shall be selected in such a way that they represent the geographical and economic diversity of this state to the maximum extent feasible. All pri vate sector members shall serve at the pleasure of the Governor.
(b) The Governor shall designate the chairman chair of the council.
(c) The council shall hold meetings as often as the chair determines, but not more than 12 days each year. The chairman chair may call special meetings upon adequate written, personal, telephone, or facsimile notice to members of the council. Six Nine members of the council shall constitute a quorum for conducting business. No member may act through a proxy, designee, or delegate except for the Governor as provided in subsection (a) of this Code section. The council may establish, from time to time, such additional rules and proce dures as the council deems appropriate for conducting the council's business. These rules and procedures may be established in bylaws or in such other form as the council deems appropriate."
"45-12-205. The council shall be attached to the Department of Community Affairo Of fice of Planning and Budget for administrative purposes. The Department of Community Affairs and the Office of Planning and Budget shall provide technical support to the council as directed by the chair and approved by the Governor."
Section 3. Code Section 45-20-2, relating to defined terms relating to the state merit system of personnel administration, is amended by striking subparagraph (a) (15) (C) and

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inserting in its place a new subparagraph to describe certain positions included in the un classified service and to read as follows:
"(C) Officers, officials, and employees comprising the office of the Governor, except those officers, officials, and employees already covered by the state merit system by law or executive order; and all employees of the Office of Planning and Budget in the position classification policy coordinator, notwithstanding their previous inclusion in the classified service;**
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

Senator Brown of the 26th moved that the Senate agree to the House substitute to SB 29.

On the motion, 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 Glanton 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 Robinson Scott Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Farrow Garner Gillis (presiding)

Newbill Slotin Starr

Taylor Thomas Walker

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 29.

The following bill of the House was taken up for the purpose of considering the House action thereon:

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.

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2155

Senator Perdue of the 18th moved that the Senate recede from the Senate amendment to HB 346.

On the motion, 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 Egan Farrow Glanton Hill Hooks Isakson Langford of 35th Langford of 29th Madden Marable Middleton Oliver

Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Coleman Edge Garner Gillis (presiding) Gochenour

Harbison Hemmer Henson Huggins Kemp

Newbill Parrish Taylor Thomas Walker

On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate receded from the Senate amendment to HB 346.

The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon:

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.

The Conference Committee report on HB 333 was as follows:
The Committee of Conference on HB 333 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 333 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Mary Margarat Oliver Senator, 42nd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Charles A. Thomas, Jr. Representative, 100th District

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/s/ Charles C. Clay Senator, 37th District
/s/ Paul C. Broun Senator, 46th District

/s/ John Simpson Representative, 101st District
/s/ Cathy Cox Representative, 160th District

Conference Committee substitute to HB 333:

A BILL
To be entitled an Act 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 principals or 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; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by striking Code Section 15-11-58, relating to inspection of juvenile court records, and inserting in its place a new Code section to read as follows:
"15-11-58. Except in cases arising under Code Section 15-11-49, and subject to the re quirements of subsection (d) of Code Section 15-11-33 and Code Section 15-11-61, all files and records of the court in a proceeding under this article are open to inspection only upon order of the court. The judge may permit authorized representatives of recognized organiza tions compiling statistics for proper purposes to inspect and make abstracts from official records under whatever conditions upon their use and distribution the judge may deem proper and may punish by contempt any violation of those conditions. The judge may per mit any school principal or any school guidance counselor, school social worker, or school psychologist who is certified under Chapter 2 of Title 20 and who is counseling a student as a part of such counseling person's school employment duties, to review official records of the court in any proceeding under this chapter concerning that student, including but not lim ited to records of that child's controlled substance or marijuana abuse which records are protected by Code Section 49-5-41.1, under whatever conditions that the judge may deem proper and may punish by contempt any violation of those conditions. The judge shall per mit authorized representatives of the Department of Children and Youth Services, the De partment of Corrections, the Children and Youth Coordinating Council, and the Council of Juvenile Court Judges to inspect and extract data from any court files and records for the purpose of obtaining statistics on juveniles and to make copies pursuant to the order of the court."
Section 2. Code Section 49-5-41 of the Official Code of Georgia Annotated, relating to persons having access to child abuse records, is amended by striking "; and" from the end of subparagraph (c) (8) (B) thereof and inserting a semicolon in its place, by striking the pe riod at the end of paragraph (9) thereof and inserting "; and" in its place, and by adding immediately thereafter a new paragraph to read as follows:
"(10) Any school principal or any school guidance counselor, school social worker, or school psychologist who is certified under Chapter 2 of Title 20 and who is counseling a student as a part of such counseling person's school employment duties, but those records shall remain confidential and information obtained therefrom by that counseling person may not be disclosed to any person, except that student, not authorized under this Code section to obtain those records, and such unauthorized disclosure shall be punishable as a misdemeanor."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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2157

Senator Clay of the 37th moved that the Senate adopt the Conference Committee re port on HB 333.

On the motion, 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 Dawkins Day Dean

Egan Farrow Glanton Gochenour Hemmer Hill Hooks Huggins Isakson Langford of 35th Langford of 29th Madden Marable Middleton

Oliver Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Thompson Turner Tysinger

Voting in the negative was Senator Alien.

Those not voting were Senators:

AEbderTnatohfy26th
Gafner Gillis (presiding)

HHeanrbsiosnon
KemP Newbill

PTaaryrliosrh
Thomas Walker

On the motion, the yeas were 42, nays 1; the motion prevailed, and the Senate adopted the Conference Committee report on HB 333.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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 House substitute to SB 173 was as follows:

A BILL
To be entitled an Act 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 the natural guardian of the child if the amount is $15,000.00 or less or the guardian of the property of such minor if the amount is $15,000.00 or more; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. 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, is amended by striking subsection (d) of said Code section and inserting in lieu thereof the following:
"(d) (1) The surviving spouse shall hold any Any amount recovered under subsection(a) of this Code section subject to the law of descents, aa if it were personal property descend ing from the decedent to the surviving spouse and to the children shall be equally divided, share and share alike, between the surviving spouse and the children per capita, and the descendants of children shall take per stirpes, provided that any such recovery shall be equally divided, share and share alike, between the surviving spouse and the children per capita, and the descendants of children shall take per stirpea. to which a minor child is entitled and which equals less than $15,000.00 shall be held by the natural guardian of the child, who shall hold and use such money for the benefit of the child and shall be accounta ble for same; and any such recovery to which a minor child is entitled and which equals $15,000.00 or more shall be held by a guardian of the property of such child'
(2) Notwithstanding paragraph (1) of this subsection, the surviving spouse shall receive no less than one-fourth of such recovery as such spouse's share."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Farrow of the 54th moved that the Senate agree to the House substitute to SB 173.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Balfour Baugh Boshears Broun of 46th Brown of 26th Burton Cheeks 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 Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Slotin Starr Thompson Turner Tysinger

Those not voting were Senators:

Abernathy
Blitch Bowen Clay
Coleman

Gillis (presiding)
Henson Newbill Oliver
Parrish

Scott Taylor
Thomas Walker

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 173.

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2159

The following bill of the House was taken up for the purpose of considering the House amendment to the Senate amendments thereto:

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.

The House amendment was as follows:

Amend the Senate amendments to HB 490 by adding the words "and coroners" after the word "examiners" on line 5 of page 1 of Senate amendment No. 1.
By underlining all quoted material on lines 13 through 15 of page 1 of Senate amend ment No. 1.
By adding the words "and coroners" after the word "examiners" on line 13 of page 1 of Senate amendment No. 1.
By striking Senate amendment No. 2 in its entirety.

Senator Kemp of the 3rd moved that the Senate agree to the House amendment to the Senate amendments to HB 490.

On the motion, 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
^ CC1herteok, ns Coleman Crotts Dawkins Day Dean Edge Egan

Farrow Garner Gochenour
Harbison Hemmer Henson
H,H,iolol k, s Huggins Isakson KemP Langford of 35th Langford of 29th Madden Marable

Middleton Newbill Perdue
Pollard Ragan of llth Ragan of 32nd
RnRaaylston Robinson Scott Slotin Starr Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Alien Blitch Gillis (presiding)

Glanton Oliver Parrish

Taylor Thomas Walker

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendments to HB 490.

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The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has agreed to the Senate substitute, as amended by the House, to the fol lowing bill of the House:
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.
The House adheres to its position in insisting on its substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate:
SB 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 Speaker has appointed on the part of the House, Representatives Hammond of the 32nd, Cauthorn of the 35th and Polak of the 67th.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
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 following resolution of the Senate was taken up for the purpose of considering the House substitute thereto:
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 House substitute to SR 44 was as follows:
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 infor mation; 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

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2161

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 like wise was implemented over a century ago and has been little changed since its implementa tion; and
WHEREAS, much attention has been directed to the state's pressing needs for educa tional improvements, including capital outlay improvements, but far less examination has been given to whether revenue structure changes could enhance the opportunity for such improvements; and
WHEREAS, a pressing need exists for an overall comprehensive evaluation of the state's revenue structure in general, as well as a particular evaluation of the effects of the revenue structure with respect to education; and
WHEREAS, there is an inequitable distribution of the burden of health care and uncompensated health care borne by county governments and alternative sources of revenues to the property tax need to be examined to fund such indigent health care of indigent resi dents of the state; 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
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 commis sion 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 Presi dent 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 objec tives 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 in formation from, and disseminate confidential materials, confidential documents, and other confidential information within the custody of the Department of Revenue or the state reve nue 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

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materials, confidential documents, or other confidential information unless he or she is act ing within the reasonable limitations guaranteeing against unauthorized disclosure of such materials, documents, and information as are agreed to in writing by the state revenue com missioner 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 materi als, documents, and other information when the publication does not reveal the name or identity of any particular taxpayer. Any unauthorized disclosure of such confidential materi als, 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 axiy conflict, shall supersede the provisions of any other law to the contrary.
Section 4. In the event the commission makes a report of its findings and recommenda tions, 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.

Senator Starr of the 44th moved that the Senate agree to the House substitute to SR 44.

On the motion, 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
Clay
Coleman Day Dean Edge

Egan Farrow Garner Glanton Gochenour Harbison Hemmer Henson HHuilgl gins
Isakson
Langford of 35th Langford of 29th Madden Marable

Middleton Newbill Oliver Perdue Pollard R of Ralston p "R*ob.inson
blotln
Starr Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Crotts Dawkins Gillis (presiding)

Hooks Kemp Parrish Ragan of llth

Scott Taylor Thomas Walker

TUESDAY, MARCH 23, 1993

2163

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 44.

Senator Gillis of the 20th, who was presiding at the direction of the President, an nounced that the Senate would stand in recess from 7:25 o'clock P.M. until 8:01 o'clock P.M.

At 8:01 o'clock P.M., the President called the Senate to order.

The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:

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 House amendment was as follows:

Amend SB 196 by striking from line 8 of page 2 the following: "$400.00", and inserting in lieu thereof the following: "$200.00".

Senator Oliver of the 42nd moved that the Senate agree to the House amendment to SB 196.

On the motion, 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 Cheeks Coleman Crotts Dawkins Day Dean Edge

Egan Farrow Harbison Henson Hill Huggins Isakson Langford of 29th Madden Marable Middleton Oliver Parrish

Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Baugh BBruorwtonn of 26th
Clay
Garner

Gillis Glanton GHoemchmeneor ur
Hooks
Kemp

Langford of 35th Newbill ,,layl,or
Thomas
Walker

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On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 196.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has adopted, by substitute, by the requisite constitutional majority the fol lowing resolution of the Senate:
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 House adheres to its position in insisting on its substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate:
SB 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.
The Speaker has appointed on the part of the House, Representatives Lee of the 94th, Chambless of the 163rd and Buck of the 135th.
The House has agreed to the Senate amendment, as amended by the House, to the following bill of the House:
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.
The House has agreed to the Senate amendment, to the House amendment, to the fol lowing bill of the Senate:
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.

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The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
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.
The following bill of the Senate was taken up for the purpose of considering the House action thereon:
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 moved that the Senate adhere to its disagreement to the House substitute to SB 283, and that a Conference Committee be appointed.
On the motion, the yeas were 29, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House substitute to SB 283.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Starr of the 44th, Dawkins of the 45th and Robinson of the 16th.
The following resolution of the Senate was taken up for the purpose of considering the House substitute thereto:
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 House substitute to SR 7 was as follows:
A RESOLUTION
Creating the Task Force on Educational Outcomes Based Flexibility; and for other purposes.
WHEREAS, both the state and local educational systems search for ways to increase the educational dollar in order to move the state ahead in achieving the six National Educa tion Goals, which in turn have the intent of producing a citizenry ready to compete world wide in both the private and public sectors; and
WHEREAS, at the same time it is also a fact that the tax dollar is being stretched and education must compete more and more with corrections and social services for that dollar; and
WHEREAS, as government reexamines itself, it must learn to be innovative, flexible,

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and adaptable, especially in its approach to how it imposes its demands on local school systems; and
WHEREAS, flexibility is key to optimum use of the tax dollar allocated for education, and the most effective way state government can be flexible is to get out of the way of local systems and schools by removing the multitude of rules and regulations.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Task Force on Educational Outcomes Based Flexibility to be composed of three members of the Senate to be appointed by the President of the Senate, one of whom shall be designated as chairperson 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 of whom shall be designated as vice chairperson by the Speaker of the House of Representatives; one representative from the Department of Edu cation to be appointed by the State School Superintendent; three local school system repre sentatives to be appointed by the State School Superintendent, one each from a small, me dium, and large school system; and one representative from the Office of Planning and Budget to be appointed by the Governor. The chairperson shall call all meetings of the committee.
BE IT FURTHER RESOLVED that the issues and questions to be addressed by the Task Force on Educational Outcomes Based Flexibility should include, but not be limited to, the following:
(1) Determination of student outcomes that will reflect the successful entrance of stu dents into both postsecondary education and the work force and will contribute to the total development of the individual;
(2) Determination of how the outcomes will be assessed as successful;
(3) How outcomes should be recorded and reported to the state;
(4) The task force shall review similar programs currently in use in other states;
(5) The task force shall make use of such expertise on student outcomes and assessment of student outcomes that are currently available within Georgia through universities and colleges as well as other professional associations; and
(6) The task force shall allow for input from citizens throughout the task force meeting process.
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 shall be reimbursed for such ex penses from funds appropriated or available to the Department of Education. The task force may meet at such times and places within the State of Georgia as the task force deems necessary not to exceed five meetings, unless additional meeting days are authorized by the President of the Senate and The Speaker of the House. 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 abol ished on December 1, 1993.
Senator Scott of the 36th moved that the Senate agree to the House substitute to SR 7.

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On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Cheeks Coleman Crotts Dawkins Dean

Edge Egan Farrow Harbison Hemmer Henson Hill Huggins Isakson Kemp Langford of 29th Madden Marable

Middleton Oliver Parrish Perdue Pollard Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Turner

Those not voting were Senators:

Abernathy Burton Clay Day
Garner Gillis

Glanton Gochenour Hooks Langford of 35th
Newbill Ragan of llth

Taylor Thomas ,,,, Thompson
Tysmger Walker

On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 7.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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 House substitute to SB 200 was as follows:

A BILL
To be entitled an Act to amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to define certain terms; to establish the Pollution Prevention Assistance Division of the Department of Natural Resources; to pro vide that participation in any assistance programs of the division shall be voluntary; to pro vide for the appointment of a director of the division; to provide for the responsibility of the division and the authority of the director; to provide for a pollution prevention assistance plan; to provide for the confidentiality of certain information; to provide for certain reports; to provide for the transfer of the personnel and facilities of the Georgia Hazardous Waste Management Authority to the division; to provide for matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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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 inserting at the end thereof the following:
"ARTICLE 8
12-8-180. As used in this article, the term:
(1) 'Board' means the Board of Natural Resources.
(2) 'Commissioner' means the commissioner of natural resources.
(3) 'Division' means the Pollution Prevention Assistance Division of the Department of Natural Resources.
(4) 'Division director' means the director of the division.
(5) 'Environmental Protection Division' means the Environmental Protection Division of the Department of Natural Resources.
12-8-181. (a) There is established within the Department of Natural Resources the Pol lution Prevention Assistance Division. The commissioner shall appoint a division director, subject to the approval of the board, who shall serve at the pleasure of the commissioner.
(b) Any other provision of this article to the contrary notwithstanding, participation by private businesses and industries in the assistance activities of the division shall be voluntary.
12-8-182. (a) The division shall have responsibility for the administration of this article.
(b) The division director shall assist the commissioner in instituting activities to fulfill the purposes of this article.
(c) The board shall have the authority to promulgate and adopt rules and regulations to carry out the purposes of this article.
(d) The Georgia Hazardous Waste Management Authority and the Environmental Pro tection Division may advise the director in furthering development of the division and facili tating an orderly transition of existing programs in source reduction, pollution prevention, and environmental waste reduction to the division.
12-8-183. (a) Not later than October 1, 1994, the division shall complete a pollution prevention assistance plan to achieve voluntary participation by businesses and industries within the state in programs and activities designed to prevent the pollution of the environ ment by the products and by-products of such businesses and industries. The plan shall establish the objectives of the division and address such matters as the division deems appropriate.
(b) The division shall publish the plan developed pursuant to subsection (a) of this Code section for public comment and shall send a copy of the plan to the board, the Gover nor, the Speaker of the House of Representatives, and the President of the Senate for com ment. The division shall seek and encourage public comment on the plan and shall docu ment and consider such comments.
(c) The division shall present a final plan to the commissioner within 60 days after publication for public comment. If the commissioner approves, the division shall implement the plan. The plan may be amended from time to time as required or appropriate, after public notice and comment.
12-8-184. The division shall not disclose to the public any information designated by law as confidential or proprietary provided by any business or industry in the course of developing and implementing pollution prevention and environmental waste reduction as sessments and activities. Pollution prevention and environmental waste reduction reports and plans developed by or for any business or industry shall be the property of such busi ness or industry, except as otherwise agreed to and except for such reports as otherwise required by law to be the property of the division.

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12-8-185. The division shall advise the director of the Environmental Protection Divi sion on rules and regulations of the Environmental Protection Division governing toxic sub stance production, use, transport, distribution, and release into the workplace or the environment.
12-8-186. On or before November 15, 1994, and biennially thereafter, the division shall prepare and present to the board, the Governor, the Speaker of the House of Representa tives, and the President of the Senate a report of the division's operations and activities pursuant to this article and an assessment of the future hazardous waste disposal capacity needs of the state. The report shall review progress toward pollution prevention and envi ronmental waste reduction goals, provide an evaluation of progress by businesses and indus tries in this state, and make any appropriate recommendations for legislative action. The report shall include a proposed work plan for the following biennium which will provide, to the extent possible, an evaluation of projects and strategies for bringing about voluntary pollution prevention and waste reduction, alternatives to toxic use, objectives, financing, and institutional innovations. The report may also include amendments to the plan required under Code Section 12-8-183.
12-8-187. The division may, at the direction of the commissioner, 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 re quired under 40 C.F.R. 262.41.
12-8-188. The division shall no less than biennially use the facility needs assessment model developed by the Georgia Hazardous Waste Management Authority to assess capac ity, demand, generation, and other factors which may affect the determination of the need for a hazardous waste management facility in Georgia to be built with state support and involvement and shall include in the biennial report required by Code Section 12-8-186 a needs assessment report relative to the need for such a facility and the continued need for the assessment required by this Code section.
12-8-189. (a) On October 1, 1993, the staff and the physical and financial assets, prop erty, records, and programs of the Georgia Hazardous Waste Management Authority shall be transferred to the division for administration and use by the division. Any funding subse quent to October 1, 1993, designated for or to such authority shall be directed to the divi sion for administration and use by the division. Upon approval of the commissioner, the staff of the division may serve as staff to such authority for such periods of time as is deter mined by the commissioner to be necessary.
(b) State programs of waste reduction, pollution prevention, and reporting implemented by other agencies, authorities, or divisions may be transferred, along with any financial and physical assets and records which are used in support of said programs, to the division for administration and use by the division."
Section 2. This Act shall become effective on October 1, 1993.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Henson of the 55th moved that the Senate agree to the House substitute to SB 200.

On the motion, 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

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Garner Glanton Gochenour Harbison
SHJJQeenmJ smoner Huggins Isakson Langford of 29th

Madden Marable Middleton Oliver
Parrish Perdue Pollard Ragan of llth Ragan of 32nd

Ralston Ray Robinson Scott
Slotin Starr Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Dawkins Gillis Hooks

Kemp Langford of 35th Newbill

Taylor Thomas Walker

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 200.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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 House substitute to SB 273 was as follows:

A BILL
To be entitled an Act to amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions regarding workers' compensation, so as to provide that an inmate or person participating in a work release or similar program shall not be deemed to be an employee for purposes of obtaining workers' compensation benefits; to provide exceptions; to provide standards for substitute systems of workers' compensation; to provide for joint approval of any such system by the State Board of Workers' Compensation and the Commissioner of Insurance; to provide for the termination of such system; to au thorize rules and regulations; to provide for intent and construction; to amend Chapter 38 of Title 33 of the Official Code of Georgia Annotated, relating to the Georgia Life and Health Insurance Guaranty Association, so as to provide for the amount of payment of claims under policies written to provide workers' compensation benefits under Chapter 9 of Title 34; 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 34 of the Official Code of Georgia Annotated, relating to general provisions regarding workers' compensation, is amended by striking para graph (2) of Code Section 34-9-1, relating to definitions, in its entirety and inserting in lieu thereof the following:
"(2) 'Employee' means every person in the service of another under any contract of hire or apprenticeship, written or implied, except a person whose employment is not in the usual course of the trade, business, occupation, or profession of the employer; and, except as oth erwise provided in this chapter, minors are included even though working in violation of any child labor law or other similar statute; provided, however, that nothing contained in this

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chapter shall be construed as repealing or altering any such law or statute. Any reference to any employee who has been injured shall, if the employee dies, include his legal representa tives, dependents, and other persons to whom compensation may be payable pursuant to this chapter. All firefighters, law enforcement personnel, and personnel of emergency man agement or civil defense agencies, emergency medical services, and rescue organizations whose compensation is paid by the state or any county or municipality, regardless of the method of appointment, and all full-time county employees and employees of elected sala ried county officials are specifically included in this definition. There shall also be included within such term any volunteer firelighter of any county or municipality of this state, but only for services rendered in such capacity which are not prohibited by Code Section 38-336 and only if the governing authority of the county or municipality for which such services are rendered shall provide by appropriate resolution for inclusion of such volunteer firefight ers; any volunteer law enforcement personnel of any county or municipality of this state who are certified by the Georgia Peace Officer Standards and Training Council, for volun teer law enforcement services rendered in such capacity which are not prohibited by Code Section 38-3-36 and only if the governing authority of the county or municipality for which such services are rendered shall provide by appropriate resolution for inclusion of such vol unteer law enforcement personnel; any person who is a volunteer member or worker of an emergency management or civil defense organization, emergency medical service, or rescue organization, whether governmental or not, of any county or municipality of this state for volunteer services, which are not prohibited by Code Section 38-3-36, rendered in such ca pacity and only if the governing authority of the county or municipality for which such services are rendered shall provide by appropriate resolution for inclusion of such volunteer members or workers; and any person certified by the Department of Human Resources or the Composite State Board of Medical Examiners and registered with any county or munici pality of this state as a medical first responder for any volunteer first responder services rendered in such capacity, which are not prohibited by Code Section 38-3-36 and only if the governing authority of the county or municipality for which such services are rendered shall provide by appropriate resolution for inclusion of such responders. The various elected county officers and elected members of the governing authority of an individual county shall also be included in this definition, if the governing authority of said county shall provide therefor by appropriate resolution. For the purposes of workers' compensation coverage, em ployees of county and district health agencies established under Chapter 3 of Title 31 are deemed and shall be considered employees of the State of Georgia. For the purpose of work ers' compensation coverage, members of the Georgia National Guard serving on state active duty pursuant to an order by the Governor are deemed and shall be considered to be em ployees of this state. A person shall be an independent contractor and not an employee if such person has a written contract as an independent contractor and if such person buys a product and resells it, receiving no other compensation, or provides an agricultural service or such person otherwise qualifies as an independent contractor. Notwithstanding the fore going provisions of this paragraph, any officer of a corporation may elect to be exempt from coverage under this chapter by filing written certification of such election with the insurer or, if there is no insurer, the State Board of Workers' Compensation as provided in Code Section 34-9-2.1 of this article. For purposes of this chapter, an owner-operator as such term is defined in Code Section 40-2-87 shall be deemed to be an independent contractor. In mates or persons participating in a work release program, community service program, or similar program as part of the punishment for violation of a municipal ordinance pursuant to Code Section 36-32-5 or a county ordinance or a state law shall not be deemed to be an employee while participating in work or training or while going to and from the work site or training site, unless such inmate or person is employed for private gain in violation of Code Section 42-1-5 or Code Section 42-8-70 or unless the municipality or county had voluntarily established a policy, on or before January 1, 1993, to provide workers' compensation benefits to such individuals."

Section 2. Said article is further amended by striking Code Section 34-9-14, relating to

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substitute systems of compensation, and inserting in its place a new Code Section 34-9-14 to read as follows:
"34-9-14. (a) Subject to the joint approval of the board and the Commissioner of Insur ance, any employer may enter into or continue any agreement with his its employees to provide a system of compensation, benefit, or insurance in lieu of the compensation and insurance provided by this chapter. No such substitute system shall be approved unless it confcra benefits upon injured employees at least equivalent to the benefits provided by thia chapter nor, if it requires contribution from the employees, unless it confers benefits in addition to those provided under thia chapter at least commensurate with such contribution. complies with the following requirements:
(1) The benefits provided for injured employees must at least equal the benefits re quired by this chapter;
(2) Except as provided in Code Section 34-9-122.1, no contributions may be required from employees unless the substitute system of compensation confers benefits in addition to this chapter and the contributions are applied to the additional benefits;
(3) The system must contain all provisions required of a standard policy of workers' compensation insurance issued in this state, including a workers' compensation benefits pol icy and an employer liability policy, and one of these policies may not be canceled indepen dently of the other policy;
(4) Any substitute system shall be required to file -statistical data which would be re quired with regard to a standard policy of workers' compensation insurance; and
(5) Such other standards as are necessary to ensure the compliance of such substitute system with the provisions of this chapter as are jointly promulgated by rule or regulation of the State Board of Workers' Compensation and the Commissioner of Insurance.
(b) Such substitute system may be terminated by the board on reasonable notice and hearing to the interested parties if it shall appear that the system is not fairly administered or if its operation shall disclose defects threatening its solvency or if for any substantial reason it fails to accomplish the purpose of this chapter and is not in compliance with the provisions of this Code section; and in this case the board shall determine the proper distri bution of all remaining assets, if any, subject to the right of any party at interest to take an appeal to the superior court of the county wherein the principal office or chief place of business of the employer is located.
(c) It is the specific intent of the General Assembly that any alternative system of workTr's compensation which is approved by the board and the Commissioner of Insurance pursuant to this Code section shall preserve an employer's immunity from civil action re sulting from an injury which is compensable under this chapter as provided in Code Section 34-9-11, and the provisions of this Code section, and the provisions of this Code Section shall not be construed to the contrary."
Section 3. Chapter 38 of Title 33 of the Official Code of Georgia Annotated, relating to the Georgia Life and Health Insurance Guaranty Association, is amended by striking para graph (9) of Code Section 33-38-7, relating to the powers and duties of the association gen erally, and inserting in its place a new paragraph (9) to read as follows:
"(9) The contractual obligations of the insolvent insurer for which the association be comes or may become liable shall be as great as, but no greater than, the contractual obliga tions of the insolvent insurer would have been in the absence of an insolvency, unless such obligations are reduced as permitted by paragraph (4) of this Code section. With respect to any one contract holder covered by an unallocated annuity contract, the association shall be liable for not more than $5 million in benefits irrespective of the number of such contracts held by that contract holder. With respect to any other covered policy, the aggregate liabil ity of the association on any one life shall not exceed $100,000.00 with respect to the pay ment of cash values or $300,000.00 for all benefits including cash values; provided, however, that with respect to claims under policies written to provide benefits as required under

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Chapter 9 of Title 34, relating to worker's compensation, such claims shall be in the full amount as provided by such chapter; and".
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

Senator Pollard of the 24th moved that the Senate agree to the House substitute to SB 273.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Balfour Baugh BKtch Boshears
SWen * ,,,. Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Dawkins Day Dean Edge

Farrow Garner Gillis Glanton Gochenour Harbison Hemmer
Huggms Isakson Langford of 35th Langford of 29th Madden Marable

Middleton Oliver Parrish Perdue Pollard
Ragan of llth Ragan of 32nd Rafston
Scott Slotin Starr Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Crotts Egan Henson

Kemp Newbill Robinson

Taylor Thomas Walker

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 273.
The following bill of the House was taken up for the purpose of considering the House amendment to the Senate substitute thereto:

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.

The House amendment was as follows:

Amend the Senate substitute to HB 164 by striking lines 3 through 10, page 4.

Senator Coleman of the 1st moved that the Senate agree to the House amendment to the Senate substitute to HB 164.

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On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Baugh Blitch Boshears
Broun of 46th Brown of 26th BChuerteokns Q Coleman Dawkins Day Edge

Egan Farrow Garner GiUis
Hemmer ml ,,Hook, s Huggins Isakson Kemp Langford of 35th Madden

Middleton Oliver Parrish Perdue
Pollard Ralgton nRay Robinson Scott Slotin Starr Tysinger

Those voting in the negative were Senators:

Bowen Dean Glanton Gochenour

Harbison Henson Langford of 29th Marable

Ragan of llth Ragan of 32nd Thompson Turner

Those not voting were Senators:

Abernathy Balfour Crotts

Newbill Taylor

Thomas Walker

On the motion, the yeas were 37, nays 12; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 164.

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 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 Speaker has appointed on the part of the House, Representatives Smith of the 169th, Benefield of the 96th and Coleman of the 142nd.

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2175

The following bill of the House was taken up for the purpose of considering the House action thereon:

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.

Senator Coleman of the 1st moved that the Senate adhere to the Senate substitute to HB 966, and that a Conference Committee be appointed.

On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 966.

The President appointed as a Conference Committee on the part of the Senate the following:
Senators Coleman of the 1st, Thompson of the 33rd and Hill of the 4th.

The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon:

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.

The Conference Committee report on HB 265 was as follows:
The Committee of Conference on HB 265 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 265 be adopted.
Respectfully submitted,

FOR THE SENATE:
M Terrell A. Starr Senator, District 44
/s/ Hugh Gillis, Sr. Senator, District 20
/s/ Sonny Perdue Senator, District 18

FOR THE HOUSE OF REPRESENTATIVES:
/s/ William Dover Representative, District 9
/s/ Theo Titus III Representative, District 180
Is/ Cathy Cox Representative, District 160

Conference Committee substitute to HB 265:

A BILL
To be entitled an Act to amend Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to rights in personalty, so as to provide for the manner in which the state revenue commissioner may compel the remittance of certain abandoned property; to provide for procedures; to recognize officially certain American Indian tribes of Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to rights in personalty, is amended by striking Code Section 44-12-231, relating to enforcement authority, and inserting in its place a new Code Section 44-12-231 to read as follows:
"44-12-231. (a) The commissioner may bring an action in a court of competent jurisdic tion to enforce tins article. Notwithstanding the provisions of Code Section 44-12-214, the commissioner shall commence enforcement for the reporting, payment, or delivery of prop erty presumed abandoned under this article, with the exception of property held in a fiduci ary capacity, not later than seven years from the date the property is presumed abandoned.
(b) Properties due and owing under this Code section and not paid over to the commis sioner on a timely basis shall be paid upon notice and demand by the commissioner or the commissioner's delegate and shall be assessed and collected in the manner provided for as sessment and collection of state taxes in Chapters 2, 3, and 4 of Title 48. The commissioner is authorized to issue an execution for the amounts due as provided in Code Section 48-3-1. The remedies specified in this subsection shall be in addition to all other remedies provided for in this article."
Section 2. Said chapter is further amended by inserting at the end of Article 7, relating to the protection of American Indian burial objects, the following:
"Part 3
44-12-300. (a) The State of Georgia officially recognizes as legitimate American Indian tribes of Georgia the following tribes, bands, groups, or communities:
(1) The Georgia Tribe of Eastern Cherokee P. 0. Box 1993 Dahlonega, Georgia 30533;
(2) The Lower Muscogee Creek Tribe Route 2, Box 370 Whigham, Georgia 31797; and
(3) The Cherokee of Georgia Tribal Council Saint George, Georgia 31646.
(b) The General Assembly may recognize tribes, bands, groups, or communities other than those stated in subsection (a) of this Code section as the General Assembly deems appropriate.
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Starr of the 44th moved that the Senate adopt the Conference Committee re port on HB 265.

On the motion, 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 Dawkins Day Dean Edge Egan Farrow Gillis

Glanton Gochenour Harbison Henson Hill Hooks Huggins Isakson Kemp

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Langford of 35th Langford of 29th ^MQlaiijdvde^rlelteon
Parrish Perdue

Pollard Ragan of llth R_Raaglsatnonof 32nd
Ray Robinson

Scott Slotin S_T,th,aormr pson
Turner Tysinger

Those not voting were Senators:

Abernathy Blitch Crotts Garner

Hemmer Madden Newbill

Taylor Thomas Walker

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 265.

Senator Garner of the 30th, President Pro Tempore, resumed the Chair.

The following bill of the House was taken up for the purpose of considering the House amendment to the Senate amendment thereto:

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.

The House amendment was as follows:

Amend the Senate amendment to HB 677 by adding on line 12 of page 1 after the semicolon and before the word "to" the following:
"to provide an effective date;".
By striking line 4 of page 2 and inserting in lieu thereof the following:
"Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 5. All laws and parts of laws in".

Senator Pollard of the 24th moved that the Senate agree to the House amendment to the Senate amendment to HB 677.

On the motion, 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 Day Dean Edge Egan Farrow

Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks

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Muggins Kemp Langford of 35th Langford of 29th Madden Marable
Middleton

Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston
Ray

Scott Slotin Starr _, Thompson Turner
Tysinger

Those not voting were Senators:

Abernathy Alien Blitch Dawkins

Garner (presiding) Isakson Newbill Oliver

Robinson Taylor Thomas Walker

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to HB 677.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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 House substitute to SB 315 was as follows:

A BILL
To be entitled an Act to amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to increase the maximum allowable fine for violation of ordinances of counties and state authorities; to create the office of senior magis trate; 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; 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. Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, is amended by striking in its entirety Code Section 15-10-60, relating to the applicability of Article 4 of Chapter 10 of Title 15, and inserting in lieu thereof a new Code Section 15-10-60 to read as follows:
"15-10-60. This article governs trials of violations of county ordinances and ordinances of state authorities, which violations may be punished by incarceration or monetary penalty. Nothing in this chapter shall grant to any county or state authority more authority to enact or enforce such ordinances than the county or state authority has independently of this chapter. The punishment imposed for any ordinance violation shall not exceed a fine of $600.00 $1,000.00 or 60 days' imprisonment or both, except as otherwise provided by general law, and shall not exceed the maximum punishment specified by the ordinance."

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Section 2. Said chapter is further amended by inserting at the end thereof the following:
"ARTICLE 11
15-10-220. There is created the office of senior magistrate. Subject to the approval of the governing authority, any chief magistrate of this state may appoint to the office of senior magistrate any retired chief magistrate, magistrate, or judge who prior to retirement served at least eight consecutive years as chief magistrate or magistrate, or a combination of such offices, or served eight consecutive years as a judge of a court of record or juvenile court, or a combination of such offices. A senior magistrate need not be a member of the State Bar of Georgia, unless required by local law. The term of an appointment made pursuant to this Code section shall not exceed the current term of the appointing officer.
15-10-221. Upon the request of any chief magistrate of this state, a senior magistrate may discharge all of the duties of a magistrate and may assume and exercise all of the jurisdiction, power, and authority of a magistrate.
15-10-222. Before entering on the duties of his or her office, a senior magistrate shall subscribe before the judge of the probate court in which he or she is first appointed the oath prescribed in Code Section 45-3-1 and the following oath:
'I swear or affirm that I will duly and faithfully perform all the duties required of me as senior magistrate and that I will support the Constitution of the United States and the Constitution of Georgia.'
15-10-223. In order to maintain the status of senior magistrate, a senior magistrate shall complete the 20 hours of training provided for in subsection (c) of Code Section 15-10-137 in each calendar year in which he or she serves as a senior magistrate."
Section 3. Said chapter is further amended by striking in its entirety Code Section 1510-7, relating to the Council of Magistrate Court Judges, and inserting in lieu thereof the following:
"15-10-7. (a) There is created a council of magistrate court judges to be known as the 'Council of Magistrate Court Judges.' The council shall be composed of the chief magis trates, ad magistrates, and senior magistrates of the magistrate courts of this state. The council is authorized to organize itself and to develop a constitution and bylaws. The officers of said council shall consist of a president, a first vice president, a second vice president, a secretary, a treasurer, and such other officers as the council shall deem necessary. The coun cil shall have an executive committee composed of two representatives from each judicial administrative district. No senior magistrate shall serve as an officer of the council or as a regular representative of a judicial administrative district to the executive committee of the council.
(b) It shall be the purpose of the council to effectuate the constitutional and statutory responsibilities conferred upon it by law, to further the improvement of the magistrate courts and the administration of justice, to assist the chief magistrates, aad- magistrates, and senior magistrates throughout the state in the execution of their duties, and to promote and assist in the training of chief magistrates, and magistrates, and senior magistrates.
(c) Expenses of the administration of the council shall be paid from state funds appro priated for that purpose, from federal funds available to the council for that purpose, or from other appropriate sources."
Section 4. Said chapter is further amended by inserting at the end of Code Section 1510-23, relating to minimum compensation for chief magistrates and magistrates, the following:
"(h) The salaries and supplements of senior magistrates shall be paid from county funds at a per diem rate equal to the compensation paid to the magistrate of the county; provided, however, that the minimum annual and monthly salaries provided for in this Code section shall not apply to senior magistrates."

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Section 5. Said chapter is further amended by striking in its entirety Code Section 1510-25, relating to training requirements for magistrates, and inserting in lieu thereof the following:
"15-10-25. (a) All magistrates shall periodically satisfactorily complete a training course as provided in Article 8 of this chapter. All senior magistrates shall periodically satisfacto rily complete a training course as provided in Code Section 15-10-223.--------------------
(b) The Georgia Magistrate Courts Training Council shall keep records of training com pleted by magistrates and senior magistrates.
(c) Subject to the provision of Code Section 15-10-24, if any magistrate or senior magis trate does not satisfactorily complete the required training in any year, the Georgia Magis trate Courts Training Council shall promptly notify the Judicial Qualifications Commission which shall recommend removal of the magistrate from office unless the Judicial Qualifica tions Commission finds that the failure was caused by facts beyond the control of the magis trate or senior magistrate.
(d) The reasonable costs and expenses of such training shall be paid by the county governing authority from county funds."
Section 6. All laws and parts of laws in conflict with this Act are repealed.

Senator Ralston of the 51st moved that the Senate agree to the House substitute to SB 315.

On the motion, 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 Crotts Day Dean Edge

Egan Farrow Gillis Glanton Gochenour Hemmer Henson Hill Hooks Huggins Kemp Langford of 29th Madden Marable

Middleton Newbill Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Scott Slotin Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Brown of 26th Coleman Dawkins
Garner (presiding)

Harbison Isakson Langford of 35th Oliver
Robinson

Starr Taylor
Thomas Walker

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 315.

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2181

The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has passed, by substitutes, by the requisite constitutional majority the fol lowing bills of the Senate:

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 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 House has adopted, by substitute, by the requisite constitutional majority the fol lowing resolution of the Senate:

SR 8. By Senators Scott of the 36th and Oliver of the 42nd: A resolution creating the Capital Outlay for Education Task Force.

The following bill of the Senate was taken up for the purpose of considering the Confer ence Committee report thereon:

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 Conference Committee report on SB 295 was as follows:
The Committee of Conference on SB 295 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 295 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Steve Henson Senator, 55th District
/s/ Wayne Garner Senator, 30th District
/s/ Ronald D. Slotin Senator, 39th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ John W. Hammond Representative, 32nd District
/s/ Tom Cauthorn Representative, 35th District
/s/ Mike Polak Representative, 67th District

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Conference Committee substitute to SB 295:
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 change a definition; to provide for applicability of said article to principals who do business in this state; to regu late unfair or deceptive practices toward the elderly; to provide for definitions; to provide for civil penalties; to provide for determination of civil penalties; to provide for a cause of action; to provide for education initiatives; to provide for referrals; to provide for inherent power; to provide for confidentiality in certain circumstances; to provide an exemption; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, is amended by striking Code Section 10-1-700, relating to definitions, and inserting in lieu thereof a new Code Section 10-1-700 to read as follows:
"10-1-700. As used in this article, the term:
(1) 'Commission' means compensation accruing to a sales representative for payment by a principal, the rate of which is expressed as a percentage of the dollar amount of orders or sales or as a specified amount per order or per sale.
(2) 'Principal' means a person who does not have a permanent or fixed place of business in this state and who:
(A) Manufactures, produces, imports, or distributes a tangible product for wholesale;
(B) Contracts with a sales representative to solicit orders for the product; and
(C) Compensates the sales representative in whole or in part by commission.
(3) 'Sales representative' means a person who contracts with a principal to solicit whole sale orders and who is compensated in whole or in part by a commission, but such term does not include one who places orders or purchases for his or her own account for resale."
Section 2. Said chapter is further amended by adding at the end thereof a new article to read as follows:
"ARTICLE 31
10-1-850. As used in this article, the term:
(1) 'Disabled person' means a person who has a physical or mental impairment which substantially limits one or more of such person's major life activities. As used in this para graph, 'physical or mental impairment' means any of the following:
(A) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss substantially affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; or endocrine; and
(B) Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The term 'physical or mental impairment' includes, but is not limited to, such diseases and conditions as ortho pedic, visual, speech, and hearing impairment, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, and emotional illness.
(2) 'Elder person' means a person who is 60 years of age or older.
(3) 'Major life activities' includes functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
(4) 'Substantially limits' means interferes with or affects over an extended period of

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time. Minor temporary ailments or injuries shall not be considered physical or mental im pairments which substantially limit a person's major life activities. Examples of minor tem porary ailments are colds, influenza, or sprains or minor injuries.
10-1-851. When any person who is found to have conducted business in violation of Article 15, 17, or 21 of this chapter is found to have committed said violation against elder or disabled persons, in addition to any civil penalty otherwise set forth or imposed, the court may impose an additional civil penalty not to exceed $10,000.00 for each violation.
10-1-852. In determining whether to impose a civil penalty under Code Section 10-1-851 and the amount thereof, the court shall consider the extent to which one or more of the following factors are present:
(1) Whether the defendant's conduct was in disregard of the rights of the elder or dis abled persons;
(2) Whether the defendant knew or should have known that the defendant's conduct was directed to an elder person or disabled person;
(3) Whether the elder or disabled person was more vulnerable to the defendant's con duct because of age, poor health, infirmity, impaired understanding, restricted mobility, or disability than other persons and whether the elder or disabled person actually suffered substantial physical, emotional, or economic damage resulting from the defendant's conduct;
(4) Whether the defendant's conduct caused an elder or disabled person to suffer any of the following:
(A) Mental or emotional anguish;
(B) Loss of or encumbrance upon a primary residence of the elder or disabled person;
(C) Loss of or encumbrance upon the elder or disabled person's principal employment or principal source of income;
(D) Loss of funds received under a pension or retirement plan or a government benefits program;
(E) Loss of property set aside for retirement or for personal or family care and mainte nance; or
(F) Loss of assets essential to the health and welfare of the elder or disabled person; or
(5) Any other factors the court deems appropriate.
10-1-853. An elder or disabled person who suffers damage or injury as a result of an offense or violation described in this article has a cause of action to recover actual damages, punitive damages, if appropriate, and reasonable attorney's fees. Restitution ordered pursu ant to this Code section has priority over a civil penalty imposed pursuant to this article.
10-1-854. The administrator may develop and implement state-wide educational initia tives to inform elder persons and disabled persons, law enforcement agencies, the judicial system, social services professionals, and the general public as to the prevalence and preven tion of consumer crimes against elder and disabled persons, the provisions of Part 1 of Arti cle 15 of this chapter, the 'Uniform Deceptive Trade Practices Act,' and Articles 17 and 21 of this chapter, the penalties for violations of such articles, and the remedies available for victims of such violations.
10-1-855. The administrator may establish and maintain referral procedures with the Office of Aging within the Department of Human Resources in order to provide any neces sary intervention and assistance to elder or disabled persons who may have been victimized by violations of this article.
10-1-856. Nothing in this article shall serve to prevent the administrator appointed under Code Section 10-1-395 from investigating and pursuing unfair and deceptive acts or practices committed under Part 2 of Article 15 of this chapter, the 'Fair Business Practices

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Act of 1975.' Notwithstanding any other provision of law to the contrary, the names, ad dresses, telephone numbers, social security numbers, or any other information which could reasonably serve to identify any person making a complaint about unfair or deceptive prac tices under Part 2 of Article 15 of this chapter, the 'Fair Business Practices Act of 1975,' shall be confidential. However, the complaining party may consent to public release of his or her identity by giving such consent expressly, affirmatively, and directly to the administra tor or the administrator's employees. Nothing contained in this Code section shall be con strued to prevent the subject of the complaint, or any other person to whom disclosure of the complainant's identity may aid in resolution of the complaint, from being informed of the identity of the complainant, to prohibit any valid discovery under the relevant discovery rules, or to prohibit the lawful subpoena of such information.
10-1-857. The administrator shall receive all complaints under this article. He or she shall refer all complaints or inquiries concerning conduct specifically approved or prohibited by the Secretary of State, Department of Agriculture, Commissioner of Insurance, Public Service Commission, Department of Natural Resources, Department of Banking and Fi nance, or other appropriate agency or official of this state to that agency or official for initial investigation and corrective action other than litigation."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Henson of the 55th moved that the Senate adopt the Conference Committee report on SB 295.
On the motion, 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 29th Madden

Marable Middleton Newbill Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ray Robinson Slotin Starr Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Garner (presiding) Langford of 35th

Ralston Scott Taylor

Thomas Walker

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 295.

TUESDAY, MARCH 23, 1993

2185

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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.
The House substitute to SB 335 was as follows:
A BILL
To be entitled an Act to provide a short title; 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 define certain terms; to provide for a strategic planning process; to provide for an outcome based budgeting system; to provide for consultation with the General Assembly; to provide for contents of budget reports; to provide for submission and review of budget estimates and annual operating budgets; to provide standards for amendments to a previously enacted General Appropriations Act; to provide for periodic work programs and their review and adjustment; to provide for allotment of funds and reductions in and reservations of allot ments and appropriations; to provide for reports with respect to new programs; to authorize financial incentives to agencies for effecting cost reductions; to provide for a process of re view and evaluation of programs and activities; 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 a Budgetary Responsibility Oversight Committee and pro vide for its membership and functions; to amend Article 3 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to legislative procedures for fiscal legislation, so as to change provisions relating to fiscal notes; to amend Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to financial affairs, 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 promote 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 related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. This Act shall be known and may be cited as the "Budget Accountability and Planning Act of 1993."
Section 2. 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, is amended by strik ing Code Section 45-12-71, relating to definitions, and inserting in its place a new Code Section 45-12-71 to read as follows:
"45-12-71. As used in this part, the term:
(1) 'Annual operating budget' means the operating budget for each budget unit which details the appropriations passed by the General Assembly for that budget unit.
{i} (2) 'Appropriation' means an authorization by the General Assembly to a budget unit to expend, from public funds, a sum of money not in excess of the sum specified, for the purposes specified in the authorization and under the procedure described in this part.

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4& (3) 'Appropriation Act' means an Act of the General Assembly which authorizes the expenditure of state money.
{3} (4) 'Budget' means the complete financial plan for the fiscal year as proposed in the budget report and modified and adopted by appropriation and revenue Acts.
(5) 'Budget allotment' means a process of authorizing the withdrawal of state funds from the treasury based on a determination that the budget allotment request is consistent with an approved work program?
{4} (6) 'Budget class' means one of the kinds of expenditures denoting a class of service or commodities purchased or properties acquired as specified in the classification of expend itures provided for in this part for use in expenditure accounting, in the making of budget estimates, and in the budget reports and budgets.
{&} (7) 'Budget estimate' means the statement with accompanying explanations, as pro vided irFthis part, in which a budget unit states its financial requirements and requests appropriations.
{6} (8) 'Budget message' means the required statement by the Governor to the General AssembljTafter its convening which gives a summary description of his the Governor's pro posed financial policies and plans contained in the budget report, together with h recommendations for additional revenues, if any.
?} (9) 'Budget report' means the recommendations of the Governor to the General As sembly as to financial plans and expenditures to be authorized, with the accompanying statements and explanations provided for in this part.
{8} (10) 'Budget unit' means a department, institution, agency, or other unit of organi zation for which separate appropriations are made.
(11) 'Outcome measure' means quantitative and qualitative indicators by which the performance of a program can be assessed against adopted goals and objectives.
(12) 'Strategic planning' means the process through which a preferred future direction and organizational mission are established and periodically updated in light of changing trends and issues and goals, objectives, and strategies are adopted and implemented to guide an organization toward that preferred future direction.'1
Section 3. Said article is further amended by striking Code Section 45-12-73, relating to powers and duties of the Office of Planning and Budget, and inserting in its place a new Code Section 45-12-73 to read as follows:
"45-12-73. The Office of Planning and Budget, at the direction and under the control of the Governor and subject to this part, shall perform the following functions:
(1) Develop and implement a process of strategic planning to establish and periodically update an overall plan for state government and require all state agencies to develop a stra tegic plan that is consistent with that overall state plan. The Office of Planning and Budget may assist departments, boards, bureaus, commissions, institutions, authorities, and other agencies in developing those plans and in tailoring them to those organizations' program needs;
(2) Develop and implement an outcome based budgeting system that relates funding to achievement of established goals and objectives, measures agency performance against at tainment of planned outcomes, and provides for program evaluations for policy and funding determinations. Program evaluations may include cost benefit analyses, decision analyses, statistical analyses, comparisons with similar programs in other jurisdictions, relevant his torical trends, and demographic factors, and other useful techniques.
4i) (3) Develop financial policies and plans as the basis for budget recommendations to the General Assembly and prepare detailed documents in accordance with such financial policies and plans for presentation to the General Assembly. The Office of Planning and

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Budget shall make its records and information available at all times to the General Assem bly and its designees;
42} (4) Coordinate the fiscal affairs and procedures of the state to assure the carrying out of thT financial plans and policies approved by the General Assembly, including the administration of a system of annual operating budgets and amendments thereto and of expenditure control;
43} (5) Develop plans for improvements and economies in organization and operation of the state agencies and implement such plans as are approved by the General Assembly;
44} (6) Develop a long-term capital improvements budget which is consistent with the overall strategic plan for consideration by the General Assembly;
46} (7) Analyze financial and administrative aspects of proposed legislation;
46} (8) Provide such assistance as the General Assembly may request and be available to assistTTEs appropriations committees with any needed information or material; and
4?) (9) Perform all other duties provided for in this part and such other duties as the General "Assembly may from time to time prescribe? ;
(10) In an effort to improve responsiveness of government and the effective and efficient delivery of services, provide leadership in initiating, organizing, and operating partnerships and collaborations among public and private entities having common or overlapping mis sions, purposes, roles, responsibilities, clients, or other similar relationships; and
(11) Consult with the General Assembly on a regular basis concerning the development and Implementation of the strategic planning process, the development of outcome mea sures for program evaluation, and the implementation of the other provisions of this article.'*
Section 4. Said article is further amended by striking Code Section 45-12-75, relating to the contents and form of the budget report, and inserting in its place a new Code Section 45-12-75 to read as follows:
"45-12-75. The budget report shall contain and include the following information:
(1) Summary statements of the financial condition of the state, accompanied by such detailed schedules of assets and liabilities as the Governor deems desirable, which shall in clude, but not be limited to, the following:
(A) A comparative consolidated balance sheet showing all the assets and liabilities of the state and the surplus or deficit, as the case may be, at the close of each of the two fiscal years last concluded;
(B) Summary statements of fund balances showing in detail for each fund the surplus or deficit at the beginning of each of the two fiscal years last concluded, the actual income of that year, the total appropriation of that year, and the total expenditures of that year; and
(C) Similar summary statements of the estimated fund balances for the current fiscal year and the next fiscal year;
(2) Statements of income and receipts for each of the two fiscal years last concluded, and the estimated income and receipts of the current fiscal year and the next fiscal year, and a statement of unappropriated surplus expected to have accrued in the state treasury at the beginning of the next fiscal year. The statements of income and estimated income shall be itemized by sources and by the budget unit collecting the same. The statements of re ceipts and estimated receipts shall be itemized by sources and by the budget unit receiving the same. Existing sources of income and receipts shall be analyzed as to their equity, pro ductivity, and need for revision, and any proposed new sources of income or receipts shall be explained;
(3) Summary statements of expenditures and disbursements for each of the two fiscal

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years last concluded, itemized by budget units under functional heads and showing the amounts expended for each major function of the government;
(4) A statement of the surplus account, showing the excess of all current assets over all current liabilities as of the end of each of the two fiscal years last concluded and all changes in surplus account during each of such two fiscal years;
(5) Detailed comparative statements of expenditures and requests for appropriations by funds, budget units, and budget classes, showing the expenditures for each of the two fiscal years last concluded, the budget of the current year, and the Governor's recommendations for appropriations for each budget unit for the next fiscal year. , all distributed according to budget claaaoa of ordinary recurring expenses, of operation and maintenance, including, but not limited to, personal services and authority lease rentals, and of extraordinary cupcnaca and capital outlay. Following the lists of actual and proposed expenditures of each budget unit there shall be a brief explanation of the functions of the unit and comments on its policies and plans and on any considerable differences among the amounts expended and the amounts recommended, with such descriptive, quantitative, comparative, and other data as to work done, unit costs, and like information as is considered necessary or desirable. In connection with each budget class of capital outlays involving construction projects to be completed in two or more fiscal years, there shall be shown the total estimated cost of each such project and the amount thereof recommended to be appropriated and expended in each ensuing fiscal year until completion of the project. Capital outlay needs shall be pro jected for at least three years beyond the period covered by a period that is consistent with each organization's approved strategic plan as summarized in the budget;
(6) A summary statement of the cash resources estimated to be available at the begin ning of the next fiscal year and the estimated cash receipts of the fiscal year as compared with the total recommended amounts of appropriation for all budget classes for the year and, if the total of the recommended expenditures exceeds the total of the estimated re sources, recommendations as to how the deficiency is to be met and estimates of receipts from any proposed additional revenues;
(7) A draft of a proposed General Appropriations Act or Acts embodying the Governor's budget report and recommendations for appropriations for the next fiscal year and drafts of such revenue and other Acts as may be recommended for putting into effect the proposed financial plan. The recommended appropriation for each budget unit shall be specified in a separate section of the General Appropriations Act. The total amount of appropriations rec ommended shall not exceed the cash resources available to meet expenditures under such appropriations; and
(8) Such other information as the Governor deems desirable or as is required by law."
Section 5. Said article is further amended by inserting immediately following Code Sec tion 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 Budgetary Re sponsibility Oversight Committee 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 chairperson of the Budgetary Responsibility Oversight Committee 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 necessary to provide services in the current fiscal year for each state agency and program examined. Such report shall address all programs and shall include a description of the purposes and accomplishments of the programs.
(b) The committee 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.

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(c) The committee 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 committee.
(d) It is the intent of this Code section to examine all state departments not less than once every five years."
Section 6. Said article is further amended by striking Code Section 45-12-78, relating to submission of agency budget estimates and review of budget estimates by the Office of Plan ning and Budget, and inserting in its place a new Code Section 45-12-78 to read as follows:
"45-12-78. (a) Not later than September 1 of each year, the head of each budget unit, other than the General Assembly and the judiciary, shall submit to the Office of Planning and Budget estimates of the financial requirements of feis the budget unit for the next fiscal year, on the forms and in the manner prescribed by the Office of Planning and Budget, with such explanatory data as is required by the Office of Planning and Budget. Such submission shall utilize such budget classes and be within such expenditure parameters as may be es tablished by the Governor. The head of a budget unit also may submit aaet such additional data as he wishes to submit is helpful. The estimates so submitted shall bear the approval of the board or commission of each budget unit for which a board or commission is constituted.
(b) Except as otherwise provided in this subsection, the budget estimates for the Gen eral Assembly, including all the legislative agencies, shall be prepared by the Speaker of the House of Representatives and the President of the Senate and such other legislative officers as appropriate and shall be submitted to the director of the budget at the same time as other budget estimates are submitted. The Department of Audits and Accounts, for the purpose of this part, is a legislative agency and shall be construed in all respects as such; and the budget estimate for said department shall be prepared by the state auditor and shall be included in the budget report without revision and shall not be subject to review or control by the Office of Planning and Budget. The director of the Fiscal Division of the Department of Administrative Services shall assist in the preparation of these budget esti mates, if requested. Effective with the budget estimates for the fiscal year beginning July 1, 1985, the budget estimates for the Senate, the office of the Lieutenant Governor, and the office of the Secretary of the Senate shall be prepared by the Senate; the budget estimates for the House of Representatives, the office of the Speaker of the House of Representatives, and the office of the Clerk of the House of Representatives shall be prepared by the House of Representatives; and the budget estimates for the Office of Legislative Counsel, the Office of Legislative Fiscal Officer, and the Office of Legislative Budget Analyst shall be prepared by the Legislative Services Committee. All of such budget estimates shall include such ob ject classes as the Legislative Services Committee shall determine, and transfers of funds may be made between such object classes. Funds may also be transferred between the Sen ate, the office of the Lieutenant Governor, and the office of the Secretary of the Senate. Funds may also be transferred between the House of Representatives, the office of the Speaker of the House of Representatives, and the office of the Clerk of the House of Repre sentatives. Funds may also be transferred between the Office of Legislative Counsel, the Office of Legislative Fiscal Officer, and the Office of Legislative Budget Analyst.
(c) Budget estimates for the judiciary shall be prepared by the Chief Justice of the Supreme Court and the Chief Judge of the Court of Appeals and such other judicial officers as appropriate and shall be submitted to the director of the budget at the same time as other budget estimates are submitted. The director of the Fiscal Division of the Department of Administrative Services shall assist in the preparation of these budget estimates, if requested.
(d) All of the data relative to the legislative and judicial branches of the government shall be for the information and guidance of the Office of Planning and Budget in estimating the total financial needs of the state for the ensuing period, but none of these estimates

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shall be subject to revision or review by the Office of Planning and Budget and must be included in the budget report as prepared by it."
Section 7. Said article is further amended by striking Code Section 45-12-80, relating to appropriations Acts, and inserting in its place a new Code Section 45-12-80 to read as follows:
"45-12-80. (a) The financial plan for each fiscal year, as presented in the budget report, shall be adopted, with such modifications as are made by the General Assembly, by the passage of a General Appropriations Act and such revenue and other Acts as are necessary for the purpose.
(b) Each General Appropriations Act, now of force or hereafter adopted, with such amendments as are adopted from time to time shall continue in force and effect for the next fiscal year after adoption; and it shall then expire except for the mandatory appropriations required by the Constitution of Georgia or those required to meet contractual obligations authorized by the Constitution of Georgia or the continued appropriation of federal grants.
(c) In addition to the appropriations made by the General Appropriations Act and amendments thereto, the General Assembly may make additional appropriations by Acts, which shall be known as supplementary appropriations Acts, provided no such supplemen tary appropriation shall be available unless there is an unappropriated surplus in the state treasury or the revenue necessary to pay such appropriation shall have been provided by a tax laid for such purpose and collected into the general fund of the state treasury. Neither house shall pass a supplementary appropriation bill until the General Appropriations Act shall have been finally adopted by both houses and approved by the Governor.
(d) The annual operating budget for each budget unit shall be submitted for approval to the Office of Planning and Budget by May 31 of the fiscal year preceding the effective date; shall be submitted on forms and in the format as determined by the Office of Planning and Budget; and shall conform to approved appropriations Acts. The total annual operating budget, including such schedules and supplementary information as may be required by the Office of Planning and Budget, shall be considered the financial plan for the budget unit. The various schedules included in the annual operating budget shall govern the approved expenditures for the applicable object class and shall ensure that these expenditures con form to both the letter and the intent of approved appropriations Acts. The Governor through the Office of Planning and Budget shall direct to be made such changes in the submitted annual operating budget as the Governor deems necessary to bring the annual operating budget into conformity with approved appropriations Acts."
Section 8. Said article is further amended by striking Code Section 45-12-82, relating to the filing of quarterly work programs and their review and approval by the Office of Plan ning and Budget, and inserting in its place a new Code Section 45-12-82 to read as follows:
"45-12-82. The Governor, through the Office of Planning and Budget, shall require each budget unit, other than those of the legislative branch and the judicial branch, to file quar terly periodic work programs with the Office of Planning and Budget not later than 20 days before the beginning of each quarter of the calendar year or at such time as the Office of Planning and Budget shall direct. As provided in Code Section 45-12-83, no allotment of funds shall be approved for any budget unit until such budget unit has filed a quarterly periodic work program with the Office of Planning and Budget and the quarterly periodic work program has been approved by the Governor. The work program shall be presented on forms prescribed by the Office of Planning and Budget and shall contain such information as the Governor, through the Office of Planning and Budget, may require. The work pro gram shall include the amount of the portion of the appropriation required for the quarter's period's expenditures based on the budget prepared as provided in this part. Quarterly Peri odic work programs may be amended from time to time in such manner as the Office of Planning and Budget may require. A duplicate copy of all of the quarterly periodic work programs and any amendments thereto shall be filed simultaneously with the Office of Plan ning and Budget, the director of the Fiscal Division of the Department of Administrative

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Services, the state auditor, and the Comptroller General, and the Office of Legislative Budget Analyst."
Section 9. Said article is further amended by striking Code Section 45-12-84, relating to the review of quarterly work programs and allotments of funds, and inserting in its place a new Code Section 45-12-84 to read as follows:
"45-12-84. (a) The Governor, through the Office of Planning and Budget, shall review the quartcriy periodic work programs submitted by the budget units for conformity to the budget approved by the General Assembly.
(b) The Governor, through the Office of Planning and Budget, shall review the requests for allotment of funds for conformity to the approved quartcriy periodic work program."
Section 10. Said article is further amended by striking Code Section 45-12-85, relating to the examination and investigation of quarterly work programs, and inserting in its place a new Code Section 45-12-85 to read as follows:
"45-12-85. (a) The Governor shall examine the quarterly periodic work programs and shall make or cause to have made such further investigations by the Office of Planning and Budget, with such hearings before him the Governor as he or she deems advisable, and shall direct changes in such provisions of the qttftrteriy periodic work program as fee the Governor finds do not conform to the budget approved by the General Assembly.
(b) The Governor ahall examine the r-cqucata for allotment of funds and ahull make of cause to have made auch further investigations by the Office of Planning and Budget, with such hearings before him aa he deems advisable, and, provided the respective amounts are in conformancc with the approved quartcriy work program, shall execute his warrant on the treasury for the funds requested by the budget unit. The Governor through the Office of Planning and Budget shall seek to effect economy, efficiency, and sound fiscal management in reviewing budget allotment requests and may make such changes to the budget allotment requests to meet these goals and objectives and which are consistant with and subject to the method and provisions contained in the General Appropriation Act. Upon determination that the requested budget allotment conforms with the approved work program and meets the above-mentioned goals and objectives, the Governor shall execute his or her warrant on the treasury for the funds included in the approved budget allotment. Notwithstanding any authorization for expenditure included in an appropriations Act, all appropriations in excess of the approved budget allotments for the budget year, as determined by the Office of Plan ning and Budget, shall cease to be an obligation of the state. The Office of Planning and Budget shall notify the Office of Legislative Budget Analyst and the Budgetary Responsibil ity Oversight Committee of any such action with appropriate supporting information^"
Section 11. Said article is further amended by striking Code Section 45-12-86, relating to the proration and allotments of funds, and inserting in its place a new Code Section 4512-86 to read as follows:
"45-12-86. The Governor, through the Office of Planning and Budget, ahall prorate monthly the income of the state to the credit of each appropriation account in the same proportion that each appropriation bears to the total appropriations; and, if the amount of funds prorated to each account ia in cxccaa of the approved budget allotments, the amount of said sufplua ahall be credited to an income equalization account by the director of the Fiscal Division of the Department of Administrative Services. In the event that the income is insufficient to make a 100 percent prorating to meet the allotments authorized by appro priations, the Office of Planning and Budget i3 authorized to utilize any balance in the in come equalization account to cover the deficiency, and the same shall be charged to the account by the director of the Fiscal Division of the Department of Adminiatrativc Services. The prorating of funda by the Governor ahall not increase the amount of appropriations. The Governor, during the first six months of a fiscal year period in which the current reve nue estimate on which appropriations are based is expected to exceed actual revenues, is

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authorized to require state agencies to reserve such appropriations as specified by the Gov ernor for budget reductions to be recommended to the General Assembly at its next regular session."
Section 12. Said article is further amended by striking Code Section 45-12-88, relating to budget units furnishing information to the General Assembly before instituting new pro grams, and inserting in its place a new Code Section 45-12-88 to read as follows:
"45-12-88. When any budget unit has plans to institute any new program, it shall be the duty of the head of such unit to furnish to each member of the General Assembly the Budg etary Responsibility Oversight Committee, at least 46 days on September 1 prior to the convening date of the session at which appropriations to finance such program are to be sought, a description of the program, the purposes of such program, the reason or reasons for seeking to institute such program, the operating procedure of such program, the manner in which it conforms to the organization's strategic plan as well as the state strategic plan, and any other information which would be helpful to the members of the General Assembly committee in determining whether or not to appropriate funds therefor. The members shall also be furnished with the projected cost of such program for at least each of the next five fiscal years to implement the program fully."
Section 13. Said article is further amended by adding a new Code section immediately following Code Section 45-12-94, to be designated Code Section 45-12-95, to read as follows:
"45-12-95. (a) It is the intent of the General Assembly to encourage state agencies to identify and implement cost-saving measures.
(b) It is the duty of the Office of Planning and Budget to assist state agencies in identi fying and implementing measures that provide current services to the public at a reduced cost or improved services to the public at the same cost.
(c) The Office of Planning and Budget is authorized to encourage state agencies to iden tify and propose cost-saving initiatives by establishing a system of financial incentives. A cost-saving initiative shall include a description of the proposed action to effect a cost re duction and the proposed use of the resulting savings. A system of financial incentives to encourage agencies to identify and propose cost-saving initiatives shall include the following provisions:
(1) Any agency that implements an approved cost-saving initiative shall be eligible to receive one-half of the resulting savings to be spent on other unfunded or underfunded needs of the agency's own choosing, provided that any such expenditures are consistent with the organization's approved strategic plan and do not create a continuing funding require ment in future fiscal years unless approved by the General Assembly in the next appropria tions Act.
(2) Where cost savings are one-time in nature, the implementing agency shall be eligible to receive one-half of the savings for one year. Where cost savings result from reductions in continuation spending, the implementing agency shall be eligible to receive one-half of the savings each year for a period of three years.
(d) The Office of Planning and Budget must review and approve all proposed costsaving initiatives prior to their implementation for the implementing agency to be eligible for receipt of financial incentives. However, as part of this review, the Office of Planning and Budget must consult with a cross section of agencies and the Office of Legislative Budget Analyst.
(e) The Office of Planning and Budget shall maintain records on all approved costsaving initiatives and, with the Governor's approval, shall reflect in the budget report sub mitted each year to the General Assembly the cost reductions in the affected agencies' budg ets and the resulting financial incentives by agency.
(f) The Office of Planning and Budget shall issue rules and regulations as necessary to implement this program."

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Section 14. Said article is further amended by striking Code Section 45-12-175, relating to the preparation of long-range development plans by the Office of Planning and Budget, and inserting in its place a new Code Section 45-12-175 to read as follows:
"45-12-175. (a) The Governor, through the Office of Planning and Budget, shall have in continuous process and revision a long-range, compr-ehcnaivc, atatc-widc development poli cies plan prepared in the light of studies, plans, needs, and operations of every department, agency, and institution of state government; local and regional units of government! and the federal government, and of the existing and prospective resources and capabilities of the state to undertake and coordinate activities to meet such existing and prospective needs, demands, and opportunities that arc identified. Such development policies plan shall atrcsa atatc-widc goala, objectives, and opportunities. It ahall be tranamittcd to the General Aascmbly at the beginning of each legislative acaaion. strategic plan for the state as a whole. This plan shall be updated at least on an annual basis and shall cover a minimum period of time as determined by the Office of Planning and Budget, but not less than five years. It shall have as its primary goal the improved fiscal responsibility and responsiveness of state government and the effective and efficient delivery of services. The goals and strategies con tained in this state strategic plan shall be reflected by the various departments, boards, bureaus, commissions, institutions, authorities, and other agencies of state government, as respectively applies, in the development of their own strategic plans which specifically deal with their respective future directions and organizational missions. Each strategic plan de veloped by each department, board, bureau, commission, institution, authority, and other agency of state government shall contain a description of its future direction; a statement of its organizational mission; a description of the current and anticipated future needs being addressed by its preferred future direction and organizational mission; a description of planned actions designed to address these needs; a description of the goals for the program or services to be improved; a course of action for achieving the planned improvements, in cluding an implementation timetable; a description of the evaluation system to be used to determine if the goals are being attained; an estimated annual cost for each planned im provement of a program or service; and all other items as the Office of Planning and Budget may deem necessary. Each department, board, bureau, commission, institution, authority, and other agency of state government shall submit its own strategic plan to the Office of Planning and Budget as supporting information for the budget estimates required under Code Section 45-12^751
(b) The Office of Planning and Budget shall cause to be prepared a series of long-range functional development plans relating to, but not ncccaaarily limited to, outdoor recreation, water development, transportation, economic development, and other broad arcaa of atotc 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, institu tions^ authorities, 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 Budgetary Responsibility Oversight Committee as to which depart ments, boards, bureaus, commissions, institutions, authorities, and other agencies will initi ate strategic planning in the coming year; and
(4) Present such strategic plans, in cooperation with the affected department, board,

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bureau, commission, institution, authority, or other agency, to the Budgetary Responsibility Oversight Committee.
(c) To assist in the development of plans and programs of state government, the Gover nor, through the Office of Planning and Budget, may request, as appropriate, that each department, agency, and institution of state government designate, from among its employ ees and officers, a planning officer or representative who shall be responsible for the plan ning and coordination of the activities and responsibilities of the department, agency, or institution. Such planning officer or representative shall coordinate program plans prepared for each area of program responsibility within his or her agency of the state government."
Section 15. Said article is further amended by striking Code Section 45-12-177, relating to the review and establishment of state goals and policies, and inserting in its place a new Code Section 45-12-177 to read as follows:
"45-12-177. (a) The Office of Planning and Budget shall have the power and duty to review and consider immediate and long-range state agency proposals, goals, and directions and to establish state-wide goals and policies.
(b) The Governor, through the Office of Planning and Budget, shall prepare an annual policy document to reflect the state strategic plan and address state-wide goals, objectives, and opportunities. Such policy document shall be transmitted to the General Assembly at the beginning of each legislative session beginning with the 1994 session."
Section 16. Said article is further amended by striking Code Section 45-12-178, relating to the preparation and updating of a development program, and inserting in its place a new Code Section 45-12-178 to read as follows:
"45-12-178. (a) The Office of Planning and Budget shall provide for the preparation of a state development program and an annual updating to guide state programs and operations in order that auch programs and operations shall make maKimum contributions to the phya ical, economic, and social development of the atatc, its communities, and ita citizens. It is the intent of the Governor and the General Assembly that taxpayers' money be spent in the most effective and efficient manner possible in order to obtain the maximum benefit from such expenditures. In furtherance of this objective, the Governor, through the Office of Planning and Budget, shall assist the General Assembly in establishing an ongoing review and evaluation of all programs and functions in state government.
(b) The state development program shall indicate projection and mcaaurcs to be taken within a ak year period to implement long range policica and piograma of the state and, without limiting the generality of the foregoing, it shall provide! Within 15 days after the legislative session is adjourned each year, the presiding officers of both the House of Repre sentatives and the Senate shall identify and present to the Governor a list of those programs for which program evaluations are requested.
(1) Objectives of existing and planned programs;
(2) Alternative solutions to cxiating and recommended programs; and
(3) Expenditure plans, including costs of implementing such plans, for existing and fee
(c) The Governor shall submit the state development program to the General Aaocmbly at the same time he submits his proposed budget. The Office of Planning and Budget and the Department of Audits shall undertake and complete evaluations on as many of those requested programs as resources will permit. The Office of Legislative Budget Analyst, the Board of Regents of the University System of Georgia, and all other state agencies are au thorized and directed to provide assistance to the Office of Planning and Budget and the Department of Audits, as requested, in the performance of these evaluations. The Office of Planning and Budget and the Department of Audits are also authorized to contract with private contractors to perform, or assist in the performance of, these evaluations.
(d) The Office of Planning and Budget and the Department of Audits shall report to

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the Budgetary Responsibility Oversight Committee by August 31 of each year on the results of its program evaluations. Such reports shall include:
(1) Appropriate background information on the affected program, including how and why it was initiated, its functions, what group it serves, how it is organized structurally and geographically, what is its staff size and composition, and what is its workload!
(2) Financial information including the source and amounts of funding and unit costs, where applicable;
(3) A description of the program's mission, goals, and objectives and an assessment of the extent to which the program has performed in comparison;
(4) Comparisons with other applicable public and private entities as to their experiences, service levels, costs, and staff resources required;
(5) Recommendations concerning the program, including whether it should be contin ued as it is currently operated, continued with identified steps to remediate deficiencies or institute improvements, or discontinued. Consideration should also be given to possible privatization or consolidation with other similar programs; and
(6) Such other information as is identified as appropriate.
(e) It is the intent of the General Assembly that all programs be evaluated at least every ten yearsT*
Section 17. Department heads shall respond, in writing, within 90 days of the receipt of the report to recommendations and findings by the Office of Planning and Budget or the Department of Audits setting forth in detail the action to be taken by said department to address the recommendations and findings. Said written response shall be made to the Of fice of Planning Budget, the Department of Audits, and the Budgetary Responsibility Over sight Committee.
Section 18. Article 1 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions regarding legislative financial affairs, is amended by adding a new Code section at the end thereof, to be designated Code Section 28-5-5, to read as follows:
"28-5-5. (a) There is created the Budgetary Responsibility Oversight Committee which shall be composed of five members of the House of Representatives appointed by the Speaker of the House of Representatives and five members of the Senate appointed by the President of the Senate. The members of such committee shall be selected within ten days after the convening of the General Assembly in each even-numbered year and shall serve until their successors are appointed, except that the initial members of the committee shall be selected within 30 days after the effective date of this Code section and shall serve until their successors are selected in January of 1994.
(b) The Speaker of the House shall appoint a member of the committee to serve as chairperson and the President of the Senate shall appoint members of the committee to serve as vice chairperson and secretary during each even-numbered year. The President of the Senate shall appoint a member of the committee to serve as chairperson and the Speaker of the House shall appoint members to serve as vice chairperson and secretary during each odd-numbered year. Such committee shall meet at least six times each year and, upon the call of the chairperson, at such additional times as deemed necessary by the chairperson.
(c) It shall be the duty of such committee to consult with the Governor and the Office of Planning and Budget concerning the development and implementation of the strategic planning process, the development of outcome measures for program evaluation, and the implementation of related actions.
(d) It shall be the duty of such committee to review and evaluate the following:
(1) Information on new programs submitted in accordance with Code Section 45-12-88;

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(2) The continuation budget report submitted in accordance with Code Section 45-1275.1;
(3) The strategic plans for the state and individual departments submitted by the Office of Planning and Budget;
(4) Program evaluation reports submitted in accordance with Code Section 45-12-178;
(5) Information or reports to be submitted by the Office of Planning and Budget identi fying moneys received and purposes for which moneys are expended in any case in which the receipt or expenditure is not contemplated by an appropriations Act; and
(6) Such other information or reports as deemed necessary by such committee.
(e) The Office of Planning and Budget and the head of each budget unit shall cooperate with such committee and provide such information or reports as requested by the commit tee for the performance of its functions.
(f) The committee shall make an annual report of its activities and findings to the membership of the General Assembly and the Governor within one week of the convening of each regular session of the General Assembly. The chairperson of the committee shall de liver written executive summaries of such report to the members of the General Assembly prior to the adoption of the General Appropriations Act each year.
(g) The members of the committee shall receive the allowances authorized for legisla tive members of legislative committees. The funds necessary to pay such allowances shall come from funds appropriated to the House of Representatives and the Senate.
(h) The committee shall be authorized to request that a performance audit be con ducted for any department which the committee deems necessary."
Section 19. Article 3 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to legislative procedures for fiscal legislation, is amended by striking Code Section 28-5-42, relating to introduction of bills and fiscal notes, and inserting in its place a new Code Section 28-5-42 to read as follows:
"28-5-42. (a) Any bill having a significant impact on the anticipated revenue or expen diture level of any state department, bureau, board, council, committee, commission, or other state agency must be introduced no later than the twentieth day of any session. The sponsor of such legislation must request a fiscal note from the Office of Planning and Budget and the Department of Audits by December 1 of the year preceding the annual convening of the General Assembly in which the bill is to be introduced. Any general bill having a significant impact on the anticipated revenue or expenditure level of counties and municipalities must be introduced no later than the twentieth day of any session. This arti cle shall not apply to any local bill affecting a county or municipality which must be adver tised in accordance with the requirements of Code Section 28-1-14, relating to the advertise ment of local legislation.
(b) In the event any bill as provided in this Code section is introduced after the pre scribed time limit, it shall not be considered or acted upon in any manner by either the Senate or the House of Representatives. The President of the Senate shall decide whether a bill which is introduced in the Senate falls within this category; and the Speaker of the House of Representatives shall decide whether a bill which is introduced in the House of Representatives falls within this category. The President of the Senate shall have the same right of decision on House bills which reach the Senate; and the Speaker of the House of Representatives shall have the same right of decision on Senate bills which reach the House of Representatives.
(c) The chairman chairperson of the committee to which any such bill is referred shall request the director of the Office of Planning and Budget and the state auditor to furnish a submit any such fiscal note as to the fiscal effect of any such bill and to file a copy of such fiscal note with the legislative budget analyst. The principal administrative and fiscal of ficers of all departments, boards, councils, committees, commissions, and other agencies of

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the state government and, when applicable, of counties, municipalities, and other political subdivisions are authorized and directed to cooperate fully with the director of the Office of Planning and Budget and the state auditor in providing any information and assistance necessary in the preparation of such fiscal notes.
(d) The fiscal note required by subsection (c) of this Code section shall include a relia ble estimate in dollars of the anticipated change in revenue or expenditures under the provi sions of the bill. It shall also include a statement as to the immediately effect and, if determinable or reasonably foreseeable, the long-range effect of the measure. If, after careful investigation, it is determined that no dollar estimate is possible, the fiscal note shall con tain a statement to that effect, setting forth the reasons why no dollar estimate can be given. In this event, the fiscal note shall contain an example based on a specific situation or reflect ing the average group of persons possibly affected by the bill so as to provide an indication of the cost of such bill to the General Assembly. Assumptions used to develop these aver ages shall be noted in the fiscal note and the criteria included herein shall constitute a fiscal note. No comment or opinion regarding the merits of the measure for which the statement is prepared shall be included in the fiscal note; however, technical or mechanical defects may be noted. The chairman chairperson shall make such request after such bill is referred to his or her committee; and the request shall be complied with by the director of the Office of Planning and Budget and the state auditor within five days after receipt of such request. The state auditor and the director of the Office of Planning and Budget shall jointly prepare their fiscal note; and, if there is a difference of opinion between such officials, it shall be noted in the fiscal note. In the event the director of the Office of Planning and Budget and the state auditor concur that the fiscal note on any such bill cannot be prepared within the five-day limitation, they shall so inform the chairman chairperson in writing and shall be allowed to submit said note not later than ten days after the request for it is made."
Section 20. Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to financial affairs, is amended by adding at the end thereof a new Article 5 to read as follows:
"ARTICLE 5
28-5-120. This article shall be known and may be cited as the 'Fair and Open Grants Act of 1993.'
28-5-121. As used in this article, the term:
(1) 'Grant' means any line item appropriation of funds that will be disbursed for a 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.
28-5-122. Before any state agency may make any grant of public funds or of funds oth erwise 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 Geor gia and the Secretary of State shall make such descriptions available for convenient public inspection. The description must contain at least the following:
(1) The name of the grant program;

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(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.
28-5-123. (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.
28-5-124. 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.
28-5-125. 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 perform ance of the terms of the grant.
28-5-126. Any grant made in violation of this article 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.
28-5-127. 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 s'gtaratentsa'g."ency shall be listed together under a heading that contains the word 'grant' or

Section 21. Section 20 of this Act shall become effective on July 1, 1993, and the re maining sections of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 22. All laws and parts of laws in conflict with this Act are repealed.

Senator Dawkins of the 45th moved that the Senate agree to the House substitute to SB 335.

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 Gillis

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2199

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 Thompson Turner Tysinger

Those not voting were Senators:

Garner (presiding) Starr

Taylor Thomas

Walker

On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 335.

The following resolution of the Senate was read and put upon its adoption:

SR 369. By Senators Gillis of the 20th, Garner of the 30th, Edge of the 28th and others:
A resolution urging journalists in Georgia to participate in and support a media ethics and error review panel that would be established to hear grievances from citizens injured by media unfairness, misrepresentation of fact, or errors in fact.

On the adoption of the resolution, the yeas were 46, nays 0.

The resolution, having received the requisite majority, was adopted.

The following bill of the House was taken up for the purpose of considering the House action thereon:

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.

Senator Perdue of the 18th moved that the Senate recede from the Senate amendment to HB 75.

On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate receded from the Senate amendment to HB 75.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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.

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The House substitute to SB 125 was as follows:
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 change the circumstances under which persons may pay certain executions and become the transferees of such execution; to provide that failure to file a written application and schedule shall not be cause for waiver of certain homestead exemptions; to provide for conditions; to provide for notice; to change the time period within which a taxpayer may appeal an assessment by the county board of tax asses sors; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking subsection (c) of Code Section 48-3-19, relating to transfer of executions issued for state, county, or municipal taxes, and inserting in its place a new subsection (c) to read as follows:
"(c) No person may pay an execution issued for ad valorem property taxes and thereby become the transferee of such execution as provided in subsection (a) of this Code section if the person is not a lawful heir or an equity holder in such property unless and until:
(1) Such person has notified the individual against whom the execution has issued by certified mail of his intention to pay such execution and unless and until 60 days have elapsed since the giving of such notice; or
(2) In the event that such notice by certified mail is returned undelivered, such person shall be required to publish such notice not less than once a week for three weeks in the legal organ of the county in which the execution was entered on the general execution docket of the superior court. Such person shall be required to show proof to the tax official who issued the execution that such notice was advertised in compliance with this paragraph."
Section 2. Said title is further amended by striking Code Section 48-5-54, relating to homestead exemption applications for properties with multiple titleholders and properties held by administrators, executors, or trustees, and inserting in its place a new Code Section 48-5-54 to read as follows:
"48-5-54. (a) The exemptions granted to the homestead pursuant to this part shall ex tend to and sHill apply to those properties the legal title to which is vested in one or more titleholders if actually occupied by one or more of such owners as a residence. In such in stances, such exemptions shall be granted to such properties if claimed in the manner pro vided by law by one or more of the owners actually residing on such property. Such exemp tions shall also extend to those homesteads the title to which is vested in an administrator, executor, or trustee if one or more of the heirs or cestui que uses residing on such property claims the exemption in the manner provided by law. The provisions of this Code section shall also apply to exemptions granted to the homestead by any local law adopted after July 1, 1984, unless the local law expressly provides to the contrary.
(b) The failure to file properly the application and schedule shall not be cause for waiver of the exemption where such waiver arises because of an administrator's or executor's deed transferring the property to a surviving spouse. In such instances, the board of tax assessors shall give notice of its intent to deny the exemption as required by Code Section 48-5-49, and the surviving spouse may make application for the amount of homestead ex emption to which such applicant is entitled within 30 days from the date of the notice by the board of tax assessors."
Section 3. Said title is further amended by striking subparagraph (e)(2)(A) of Code Section 48-5-311, relating to the creation of county boards of equalization and the review of

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property assessments, and inserting in its place a new subparagraph (e)(2)(A) to read as follows:
"(A) An appeal shall be effected by filing with the county board of tax assessors a notice of appeal within 30 45 days from the date of mailing the notice pursuant to Code Section 48-5-306 except that"for counties or municipal corporations providing for the collection and payment of ad valorem taxes in installments the time for filing the notice of appeal shall be 30 days. 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 identification 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 per sonal property shall be deemed a notice of appeal Oy the taxpayer under the grounds listed in paragraph (1) of this subsection. The county board of tax assessors shall review the valua tion 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 tax payer 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 para graph if the taxpayer is dissatisfied with the changes or corrections made by the county board of tax assessors."
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and Section 1 of this Act shall be applicable to all executions issued for ad valorem taxes on or after July 1, 1993.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

Senator Thompson of the 33rd moved that the Senate agree to the House substitute to SB 125.

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 Bshears

Edge Egan Farrow Gillis Glanton Gochenour
Harbison

Marable Newbill Oliver Parrish Perdue Pollard
Ragan of llth

ss
day Coleman Crotts Dawkins Day Dean

Hooks Huggins Isakson Kemp Langford of 29th Madden

Scott Slotin Starr Thompson Turner Tysinger

Those not voting were Senators:

Garner (presiding) Langford of 35th Middleton

Robinson Taylor

Thomas Walker

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On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 125.

The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon:

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.

The Conference Committee report on HB 689 was as follows:
The Committee of Conference on HB 689 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 689 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Terrell A. Starr Senator, 44th District
/s/ Charles C. Clay Senator, 37th District
/s/ Charles Walker Senator, 22nd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Roy E. Barnes Representative, 33rd District
/s/ E. M. Childers Representative, 13th District
/s/ W. N. Hudson Representative, 156th District

Conference Committee 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 and approval by resolution of the governing authority of the county in which the authorities are located. A majority of the board of each such hospital 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

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2203

(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.
(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 ownership of and authority to operate the hospitals owned by each hospital authority and, the title to all real estate and other property owned by each hospital author ity party to the merger is vested in the surviving hospital authority without reversion or impairment 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 au thority 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 and which has not been made public. This exemption shall terminate at such time as such plan, proposal, or strategy has either been approved or rejected by the hospital author ity governing board. Except as provided in this Code section or as otherwise provided by law, hospital authorities shall comply with the provisions of Chapter 14 of Title 50 and Article 4 of Chapter 18 of Title 50."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Clay of the 37th moved that the Senate adopt the Conference Committee re port on HB 689.

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On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch Boshears
oBroWuenn o,f 4,^6th,. Brown of 26th
BCuhrete0kns Clay Coleman Crotts Dawkins Day Dean

Edge Egan Farrow Gillis Glanton Gochenour
HHeamrbmisoern ,,.,,
H HoV oks Huggms Isakson Kemp Langford of 35th Langford of 29th Madden

Those not voting were Senators:

Marable Middleton Oliver Parrish Perdue Pollard
RRaaggaann ooff 3ll2tnhd D6
PRo3bK-inson Scott Slotin Starr Thompson Turner Tysinger

Garner (presiding) Henson Newbill

Ralston Taylor

Thomas Walker

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 689,

Senator Hooks of the 14th moved that the Senate Rule requiring a Conference Commit tee report to be printed and distributed one (1) hour before its consideration by the Senate be suspended, and that the Conference Committee report on the following bill of the Senate be considered:

SB 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 Hooks of the 14th asked unanimous consent that the typographical error show ing HB 283 on the original Conference Committee report be changed to show SB 283; the consent was granted, and the error was corrected.
On the motion, the yeas were 40, nays 0; the motion prevailed, and the Conference Committee report on SB 283, as follows, was considered by the Senate:
The Committee of Conference on HB 283 recommends that both the Senate and the

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House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 283 be adopted.
Respectfully submitted,

FOR THE SENATE:
M Terrell A. Starr Senator, 44th District
/s/ Pete Robinson Senator, 16th District
/s/ Harrill L. Dawkins Senator, 45th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Thomas B. Buck III Representative, 135th District
/s/ William J. Lee Representative, 94th District
/s/ Tommy Chambless Representative, 163rd District

Conference Committee substitute to SB 283:

A BILL
To be entitled an Act to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change provisions relating to authorization of nonpartisan elec tions for certain offices by local Act of the General Assembly; to change the types of offices which may be so affected and the methods of qualifying for and conducting such nonparti san elections; to remove provisions authorizing straight party voting other than straight party voting for presidential electors; to require voting for individual candidates other than presidential electors; to provide for other matters related to the foregoing; 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 striking in its entirety Code Section 21-2-139, relating to the nonpartisan elec tion of county offices and local school boards and school superintendents, and inserting in lieu thereof the following:
"21-2-139. (a) Notwithstanding any other provisions of this chapter to the contrary, the General Assembly may provide by local Act for the nomination and election in nonpartisan primaries and elections of candidates to fill county judicial offices and, offices of local school boards, and school superintendents offices of consolidated governments which are filled by the vote of the electors of said county or political subdivision. The General Assembly may provide for the election of such officers at nonpartisan elections without a prior nonpartisan primary. The Except as otherwise provided in this Code section, the procedures to be em ployed in such nonpartisan primaries, if applicable, and elections shall conform as nearly as practicable to the procedures governing nonpartisan primaries and nonpartisan elections as provided in this chapter. The Except as otherwise provided in this Code section, the election procedures established by any existing local law which provides for the nonpartisan nomina tion, if applicable, and election of candidates to fill county offices shall conform to the gen eral "proce3ures~governing nonpartisan primaries, if applicable, and nonpartisan elections as provided in this chapter, in such nonpartisan primaries, if applicable, and nonpartisan elec tions shall be conducted in accordance with the applicable provisions of this chapter, not withstanding the provisions of any existing local law.
(b) In any nonpartisan primary or nonpartisan election provided for in this Code section,~Thcluding school board elections, the political party or body affiliation of each candi date, as stated on his or her affidavit of candidacy, shall be indicated beside his or her name; or, if his or her affidavit of candidacy stated his or her independence of any such affiliation, the word 'Independent' shall be placed beside his or her name!
(c) Any candidate for nomination in such a nonpartisan primary or election shall, in addition to all other requirements for qualifying as a candidate, execute and file with the

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appropriate official receiving other qualifying documents an affidavit stating the name of the political party or political body with which he or she is affiliated or the fact that he or she is independent of any such affiliation."
Section 2. Said title is further amended by striking paragraph (1) of subsection (b) of Code Section 21-2-285, relating to the form of official election ballots, and inserting in lieu thereof a new paragraph to read as follows:
"(1) To vote a straight party ticket, with the exception of candidates for offices of prcaidcntial electors, mark a croaa (X) or check (*/) mark in the aquarc in the party column, opposite the name of the party of your choice. To vote for presidential electors, mark a cross (X) or check If/) mark in the square opposite the names of the candidates of the party or body for the offices of President and Vice President you choose to vote for. If you do not dcairc to vote a party ticket, then place Place a cross (X) or check () mark in the square opposite the name of each candidate you choose to vote for. To vote for a person whose name is not on the ballot, manually write his or her name, accompanied by the title of the office involved, in the write-in column. If you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil."
Section 3. Said title is further amended by striking paragraph (2) of Code Section 21-2322, relating to general requirements as to voting machines, and inserting in lieu thereof a new paragraph to read as follows:
"(2) It shall permit each elector, at other than primaries, to vote a straight party or body ticket, with the exception of candidates for the offices of presidential electors, in one operation, in one operation, to vote for all the candidates of one party or body for presiden tial electors; and, in one operation, to vote for all the candidates of one party or body for every office to be voted for except those offices aa to which he votca for individual candidatca and the offices of presidential electors,".
Section 4. Said title is further amended by striking subsection (g) of Code Section 21-2325, relating to the form of ballot labels generally, and inserting in lieu thereof a new sub section to read as follows:
"(g) The names of all candidates of a party or body shall appear in the same row or column, and no other names shall appear in the same row or column, to the left or top of which ahall be a straight party or body lever by mcana of which an elector may, in one operation, vote for all the candidates of that party or body for every office to be voted for, with the exception of candidates for the officca of presidential electors. The names of candi dates and independent candidates shall be arranged under or opposite the title of the office for which they are candidates and shall appear in the order prescribed by subsection (c) and the second sentence of subsection (e) of Code Section 21-2-285. The rows or columns occu pied by the names of the candidates of political parties and bodies shall be arranged accord ing to the priority prescribed by subsection (c) of Code Section 21-2-285. When voting ma chines are used on which the titles of offices are arranged horizontally, the names of all candidates for the same office shall appear within the same vertical lines. The names of all candidates for the office of judge of a state court, judge of a superior court, Judge of the Court of Appeals, or Justice of the Supreme Court shall appear on a separate portion of the voting machine in the form and arrangement prescribed in Code Section 21-2-285.1 insofar as practicable. At the top of the separate portion shall be printed in prominent type the words 'OFFICIAL NONPARTISAN ELECTION BALLOT.'"
Section 5. Said title is further amended by striking paragraph (2) of Code Section 21-2350, relating to general requirements as to vote recorders, and inserting in lieu thereof a new paragraph to read as follows:
"(2) It shall permit each elector, at other than primaries, to vote a straight party or body ticket, with the exception of condidatca for the offices of presidential electors, in one operation per ballot card, and in one operation per ballot card, to vote for all the candidates of one party or body for presidential electors; or, in one operation per ballot card, to vote for

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all the candidates of one party or body for every office to be voted for except thoac officca aa to which he votes for individual candidates and the officca of presidential electors,".
Section 6. Said title is further amended by striking Code Section 21-2-416, which reads as follows:
"21-2-416. Notwithstanding any other provisions of this chapter to the contrary, an elector voting by paper ballots or by vote recorder may cast his vote in elections in any one of the following ways and his vote shall be counted as provided in this Code section:
(1) He may vote for each candidate individually as provided in this chapter;
(2) He may vote a straight political party or body ticket as provided in this chapter; or
(3) He may vote a 'modified straight party ticket' by casting in combination a straight party vote, in the manner provided in paragraph (2) of this Code section, and a vote or votes for individual candidates, in the manner provided in paragraph (1) of this Code section, which shall constitute a valid vote for every candidate of the political party or body desig nated, except candidates for the offices of presidential electors and those offices as to which he has indicated a choice for individuals other than the straight party nominees, which choice shall be valid only as votes for such individuals so designated.",
and inserting in lieu thereof the following:
"21-2-416. Reserved."
Section 7. Said title is further amended by striking subsection (b) of Code Section 21-2438, relating to ballots identifying voter, not marked, or improperly marked declared void, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) At elections, any ballot marked by any other mark than a cross (X) or check (v) mark in the spaces provided for that purpose shall be void and not counted; provided, how ever, that no vote recorded thereon shall be declared void because a cross (X) or check (V) mark thereon is irregular in form. A cross (X) or check (/) mark in the square opposite the name of a political party of body in the party or body column ahall be counted aa a vote for every candidate of that party or body so marked, with the exception of candidates foT the officca of presidential electors. A cross (X) or check (vOmark in the square opposite the names of the nominees of a political party or body for the offices of President and Vice President shall be counted as a vote for every candidate of that party or body for the offices of presidential electors. Any erasure, mutilation, or defective marking of the straight party or body column at general elections shall render the entire ballot void, unlcaa the elector haa properly indicated hia choice for candidates in any other column, in which ease the vote or votes for such candidates only shall be counted. Any ballot indicating a write-in for any person whose name is not printed on the ballot and who properly gave notice of intent to run as a write-in candidate pursuant to Code Section 21-2-133 shall be counted as a vote for such person, if written in the proper space or spaces provided for that purpose, whether or not a cross (X) or check (/) mark is placed before the name of such person."
Section 8. Said title is further amended by striking subsection (c) of Code Section 21-2452, relating to admission of electors to enclosed space, voting procedure generally, proce dure as to write-in votes, voting by electors whose right to vote is challenged, and paper ballots for handicapped voters, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) At primaries or elections, be an elector shall vote for each candidate individually by operating the key, handle, pointer, or knob upon or adjacent to which the name of such candidate is placed. At elections, he may vote for each candidate individually by operating the key, handle, pointer, or knob upon or adjacent to which the names of candidotca of hia choice arc placed or he may vote a straight political party or body ticket (with the exception of candidates for the officca of presidential electors) in one operation by operating the straight political party or body lever of the political party or body of his choice. He may also, after having operated the straight party or body lever and before recording his vote, cancel the vote for any candidate of such political party or body by replacing the individual

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key, handle, pointer, or knob of such candidate and may thereupon vote for a candidate of another party or body for the game office by operating the key, handle, pointer, or knob upon or adjacent to which the name of such candidate appears. In the case of a question submitted to the vote of the electors, the elector shall operate the key, handle, pointer, or knob corresponding to the answer which he or she desires to give."
Section 9. Said title is further amended by striking subsection (b) of Code Section 21-3187, relating to the form of an official election ballot and procedure in the event candidates are unopposed, and inserting in lieu thereof a new subsection to read as follows:
"(b) Immediately under this caption on a ballot presenting the names of candidates for election to office, the following directions shall be printed, insofar as the same may be ap propriate for the election involved:
'To vote a straight party ticket, mark a cross (X) or check (if ) mark in the square in the party column opposite the name of the party of your choice. If you do not desire to vote a party ticket, then place a cross (X) or check (J) mark in the square opposite the name of each candidate for whom you choose to vote. To vote for a person whose name is not on the ballot, manually write his or her name, accompanied by the title of the office involved, in the write-in column. If you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil.'
The names of persons inserted on the ballot by the elector shall be manually written only within the write-in column; and the insertion of such name outside such column or by the use of a sticker, paster, stamp, or other printed or written matter is prohibited."
Section 10. Said title is further amended by striking subsection (g) of Code Section 213-225, relating to the form of ballot labels, and inserting in lieu thereof a new subsection to read as follows:
"(g) The names of all candidates of a party or body shall appear in the same row or column, and no other names shall appear in the same row or column, to the left or top of which shall be a straight party or body lever by means of which an elector may, in one operation, vote for all the candidates of that party or body for every office to be voted for. The names of such candidates and independent candidates shall be arranged under or oppo site the title of the office for which they are candidates and shall appear in the order pre scribed by subsection (c) of Code Section 21-3-187. The rows or columns occupied by the candidates of political parties and bodies shall be arranged according to the priority pre scribed by subsection (c) of Code Section 21-3-187."
Section 11. Said title is further amended by striking Code Section 21-3-325, which reads as follows:
"21-3-325. Notwithstanding any other provisions of this chapter to the contrary, an elector voting by paper ballots or by vote recorder may cast his vote in elections in any one of the following ways, and his vote shall be counted as provided in this Code section:
(1) He may vote for each candidate individually, as provided in this chapter;
(2) He may vote a straight political party or body ticket, as provided in this chapter; or
(3) He may vote a 'modified straight party ticket' by casting in combination a straight party vote, in the manner provided in paragraph (2) of this Code section, and a vote or votes for individual candidates, in the manner provided in paragraph (1) of this Code section, which shall constitute a valid vote for every candidate of the political party or body desig nated, except those offices as to which he has indicated a choice for individuals other than the straight party nominees, which choice shall be valid only as votes for such individuals so designated.",
and inserting in lieu thereof the following:
"21-3-325. Reserved."
Section 12. Said title is further amended by striking subsection (d) of Code Section 21-

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2209

3-346, relating to procedure as to count and return of votes generally; marks, mutilations, and defects rendering ballots void; disposition of unmarked, improperly marked, and defec tively marked ballots; placement of crosses or checks for straight party or write-in votes; and certification of vote and preparation of returns by poll officers, and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) At elections, a cross (X) or check (<f ) mark in the square opposite the name of-a political party or body in the party or body column ahall be counted as a vote for every candidate of that party or body so marked. Any erasure, mutilation, or defective marking of the straight party or body column at general clcctiona ahall Tender the entire ballot void, unless the elector has properly indicated his choice for candidatca in any other column, in which ease the vote or votes for such candidates only ahall be counted. At elections, a ballot indicating a write-in vote for any person whose name is not printed on the ballot and who properly gave notice of intent to run as a write-in candidate pursuant to Code Section 21-3105 shall be counted as a vote for such person, if written in the proper space or spaces provided for that purpose, whether or not a cross (X) or check (/) mark is placed before the name of such person."
Section 13. Said title is further amended by striking subsection (d) of Code Section 213-362, relating to admission of electors to enclosed space, voting by electors whose right to vote is challenged, voting procedure generally, and procedure as to write-in votes, and in serting in lieu thereof a new subsection (d) to read as follows:
"(d) At primaries; or elections an elector shall vote for each candidate individually by operating the key, handle, pointer, or knob upon or adjacent to which the names of candi dates of his or her choice are placed. At election, he may vote for each candidate individu ally by opcratinglhc key, handle, pointer, or knob upon o? adjacent to which the namca of candidatca of his choice ore placed, or he may vote a atraight political party or body ticket in one operation by operating the straight political party or body lever of the political party or body of hia choice. He may also, after having operated the atraight party or body lever and before recording his vote, cancel the vote for any candidate of such political party or body by replacing the individual key, handle, pointer, or knob of aueh candidate and may vote for a candidate of another party or body for the anmc office by operating the key, handle, pointer, or knob upon OF adjacent to which the name of such candidate appcara. In the case of a question submitted to the vote of the electors, the elector shall operate the key, handle, pointer, or knob corresponding to the answer which he or she desires to give."
Section 14. This Act shall become effective on July 1, 1993.
Section 15. All laws and parts of laws in conflict with this Act are repealed.
Senator Hooks of the 14th moved that the Senate adopt the Conference Committee report on SB 283.

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 Dean Edge Egan Farrow Gillis Glanton Gochenour Harbison Hemmer

Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable Middleton Newbill Oliver

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Parrish
?e?due, Pollard Ragan oi f llth Ragan of 32nd

Ray Robinson
Scott Slotin

Starr Thompson
Turner Tysinger

Voting in the negative were Senators Day and Ralston.

Those not voting were Senators:

Garner (presiding) Langford of 35th

Taylor Thomas

Walker

On the motion, the yeas were 49, nays 2; the motion prevailed, and the Senate adopted the Conference Committee report on SB 283.

The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon:

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.

The Conference Committee report on HB 966 was as follows:
The Committee of Conference on HB 966 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 966 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ J. Tom Coleman Senator, 1st District
/s/ Steve Thompson Senator, 33rd District
/s/ Jack Hill Senator, 4th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Tommy Smith Representative, 169th District
/s/ Jimmy W. Benefield Representative, 96th District
/s/ Terry L. Coleman Representative, 142nd District

Conference Committee substitute to HB 966:

A BILL
To be entitled an Act to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, so as to enact the Interstate Rail Passenger Network Compact; to pro vide for policy and intent; to provide for a joint rail passenger network financial and eco nomic impact study; to provide for creation of the interstate rail passenger advisory council; to provide for membership, powers, and duties; to provide for construction; to provide for severability; to provide for related matters; to repeal conflicting laws; and for other purposes.

TUESDAY, MARCH 23, 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, relating to highways, is amended by adding a new Chapter 11 to read as follows:
"CHAPTER 11
32-11-1. The interstate rail passenger network compact is ratified, enacted, and entered into by the State of Georgia with all other states joining the compact in the form substan tially as this chapter.
32-11-2. It is the policy of the states party to this compact to cooperate and share the administrative and financial responsibilities concerning the planning of an interstate rail passenger network system connecting major cities in Illinois, Indiana, Kentucky, Tennessee, Georgia, and Florida. The participating states agree that a rail passenger system would pro vide a beneficial service and would be enhanced if operated across state lines.
32-11-3. (a) The states of Illinois, Indiana, Kentucky, Tennessee, Georgia, and Florida (referred to in this chapter as 'participating states') agree, upon adoption of this compact by the respective states, to jointly conduct and participate in a rail passenger network financial and economic impact study. The study must do the following:
(1) Carry forward research previously performed by the national railroad passenger cor poration (Amtrak) (report issued December 1990) for purposes of evaluating a representa tive service schedule, train running times, and associated costs.
(2) Include consideration of the following:
(A) The purchase of railroad equipment by a participating state and the lease of the railroad equipment to Amtrak.
(B) The recommendation that a member of the council serve on the Amtrak board of directors.
(C) The periodic review of projected passenger travel estimates.
(D) Any other matter related to the financial and economic impact of a rail passenger network between the cities of Chicago, Illinois, and Jacksonville, Florida.
(b) Information and data collected during the study under subsection (a) of this Code section that is requested by a participating state or a consulting firm representing a partici pating state or the compact may be made available to the state or firm. However, the infor mation may not include matters not of public record or of a nature considered to be privi leged and confidential unless the state providing the information agrees to waive the confidentiality.
32-11-4. The participating states agree to do the following:
(1) Make available to each other and to a consulting firm representing a participating state or the compact assistance that is available, including personnel, equipment, office space, machinery, computers, engineering, and technical advice and services.
(2) Provide financial assistance for the implementation of the feasibility study that is available.
32-11-5. The interstate rail passenger advisory council (referred to in this compact as the 'council') is created. The membership of the council consists of three individuals from each participating state. The Governor, President of the Senate, and Speaker of the House of Representatives shall each appoint one member of the council.
32-11-6. The council shall do the following:
(1) Meet within 30 days after ratification of this agreement by at least two participating states.
(2) Establish rules for the conduct of the council's business, including the payment of the reasonable and necessary travel expenses of council members.

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(3) Coordinate all aspects of the rail passenger financial and economic impact study under Code Section 32-11-3.

(4) Contract with persons, including institutions of higher education, for performance of any part of the study under Code Section 32-11-3.

(5) Upon approval of the study, negotiate the proportionate share that each state will contribute toward the implementation and management of the proposed restoration of the interstate rail passenger system.

(6) Make recommendations to each participating state legislature concerning the results of the study required by this chapter.

32-11-7. This compact becomes effective upon the adoption of the compact into law by at least two of the participating states. Thereafter, the compact becomes effective for an other participating state upon the enactment of the compact by the state.

32-11-8. This compact continues in force with respect to a participating state and re mains binding upon the state until six months after the state has given notice to each other participating state of the repeal of this chapter. The withdrawal may not be construed to relieve a participating state from an obligation incurred before the end of the state's partici pation in the compact.

32-11-9. (a) This compact shall be liberally construed to effectuate the compact's purposes.

(b) The provisions of this compact are severable. If:

(1) A phrase, clause, sentence, or provision of this compact is declared to be contrary to the Constitution of a participating state or of the United States; or

(2) The applicability of this compact to a government, an agency, a person, or a circum stance is held invalid,

the validity of the remainder of this compact and the compact's applicability to any govern ment, agency, person, or circumstance is not affected.

(c) If this compact is held contrary to the Constitution of a participating state, the compact remains in effect for the remaining participating states and in effect for the state affected for all severable matters."

Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Coleman of the 1st moved that the Senate adopt the Conference Committee report on HB 966.

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 Burton Cheeks
Coleman
Crotts
Dawkins Day Dean

Edge Egan Farrow Gillis Glanton Gochenour Hemmer Hill Hooks Huggins
Isakson
Kemp
Langford of 29th Marable Newbill

Oliver Parrish Perdue Pollard Ragan of nth R D,, alston *. Robinson
Slotin
Starr
Thompson Turner Tysinger

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2213

Those not voting were Senators:

Brown of 26th Clay Garner (presiding) Harbison

Henson Langford of 35th Madden Middleton

Scott Taylor Thomas Walker

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 966.

The following bill of the Senate was taken up for the purpose of considering the Confer ence Committee report thereon:

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 Conference Committee report on SB 70 was as follows:
The Committee of Conference on SB 70 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 70 be adopted.
Respectfully submitted,

FOR THE SENATE:
M Peg Blitch Senator, 7th District
/s/ Edward E. Boshears Senator, 6th District
/s/ Rene D. Kemp Senator, 3rd District

FOR THE HOUSE OF REPRESENTATIVES:
/a/ Charles A. Thomas, Jr. Representative, 100th District
/s/ Denmark Groover Representative, 125th District
/s/ Tommy Chambless Representative, 163rd District

Conference Committee substitute to SB 70:

A BILL
To be entitled an Act 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; to provide for limited use of noncomplying station ery; to provide for other related matters; 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 in certain administrative proceedings parties may not access public records pertaining to the subject of the proceeding without the approval of the presiding administrative law judge; to provide an exception with regard to certain proceedings; 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 18 of Title 50 of the Official Code of Georgia Annotated, relating to

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state printing and documents, is amended by striking Article 1, currently designated as re served, and inserting in its place a new Article 1 to read as follows:
"ARTICLE 1
50-18-1. (a) As used in this Code section, the term 'state agency' means any state de partment, board, bureau, commission, authority, council, or committee or any other state agency or instrumentality.
(b) All stationery used by any state agency for correspondence with members of the public shall have printed or typed thereon one or more telephone numbers to which re sponses or questions concerning such correspondence may be directed.
(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.
(d) Subsection (b) of this Code section shall apply to all stationery ordered by state agencies after July 1, 1993. Until July 1, 1995, state agencies may continue to use stationery printed before July 1, 1993, which does not comply with subsection (b) of this Code section;"
Section 2. Said chapter is further amended by striking subsection (e) of Code Section 50-18-70, relating to inspection of public records, in its entirety and inserting in lieu thereof the following:
"(e) In a pending proceeding under Chapter 13 of this title, the 'Georgia Administrative Procedure Act," or under any other administrative proceeding authorized under Georgia law, a party may not access public records pertaining to the subject of the proceeding pursuant to this article without the prior approval of the presiding administrative law judge, who shall consider such open record request in the same manner as any other request for infor mation put forth by a party in such a proceeding. This subsection shall not apply to any proceeding under Chapter 13 of this title, relating to the revocation, suspension, annulment, withdrawal, or denial of a professional education certificate, as defined in Code Section 20-2200, for any personnel proceeding authorized under Part 7 and Part 11 of Article 17 and Article 25 of Chapter 2 of Title 20T"
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Kemp of the 3rd moved that the Senate adopt the Conference Committee re port on SB 70.

On the motion, 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 29th Marable Middleton

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2215

Newbill Oliver Parrish Perdue Pollard

Ragan of llth Ragan of 32nd Ray Scott Slotin

Starr Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Garner (presiding) Langford of 35th

Madden Ralston Robinson

Taylor Thomas Walker

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 70.

The following resolution of the Senate was read and put upon its adoption:

SR 370. By Senator Garner of the 30th:
A resolution relative to adjournment by the General Assembly sine die, amending HR 610 by striking "9:00 o'clock P.M." and inserting "9:30 o'clock P.M."

On the adoption of the resolution, the yeas were 37, nays 8.

The resolution, having received the requisite constitutional majority, was adopted.

The following resolution of the Senate was taken up for the purpose of considering the House amendment thereto:

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 House amendment was as follows:

Amend SR 109 by striking "five" on lines 21 and 22, page 1, and inserting "three", and by striking "ten" on line 16, page 2, and inserting "five".

Senator Burton of the 5th moved that the Senate agree to the House amendment to SR 109.

On the motion, 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 Crotts Dawkins Day

Dean Edge Farrow Gillis Glanton Gochenour Harbison 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 Ray

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Robinson Scott

Slotin Thompson

Turner Tysinger

Those not voting were Senators:

Abernathy Blitch Coleman Egan

Garner (presiding) Hooks Ralston Starr

Taylor Thomas Walker

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SR 109.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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 House substitute to SB 317 was as follows:

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 that certificates are nontransferable; to provide for revocation or suspension of certificates; to provide for annual inspections; to provide for chauffeur permits; 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 required to file a tariff of rates and charges; to provide for notice; to provide for temporary permits; to provide for issuance of certifi cates to limousine carriers operating on May 1, 1994; 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. 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, transporting not more than 16 ten persons for hire, except that any operator of such a vehicle is required to register the exempt operation with the commission, register and identify any of its vehicles, and become subject to the commis sion's liability insurance and vehicle safety rules;".
Section 2. Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to

TUESDAY, MARCH 23, 1993

2217

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) 'Chauffeur' means any person with a Georgia state driver's license who meets the qualifications as prescribed in Code Section 46-7-85.10 and who is authorized by the Public Service Commission to drive a limousine under this article.
(3) 'Commission' means the Public Service Commission.
(4) '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.
(5) '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, or extended limousines, on the basis of telephone contract or written contract.
(6) 'Person' means any individual, firm, partnership, corporation, company, association, or joint-stock association, and includes any trustee, receiver, assignee, or personal represen tative thereof.
(7) 'Public highway' means every public street, road, or highway in this state.
46-7-85.2. No limousine carrier shall operate any limousine for the transportation of passengers for compensation on any public highway in this state except in accordance 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, maintenance of adequate liability insurance coverage, and information as may, in its judgment, be necessary and may establish fees as part of such certificate process.
(b) A certificate shall be issued to any qualified applicant, provided that such applicant is a limousine carrier business domiciled in this state, 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 regulations of the commission and has not been convicted of any felony as such violation or violations are related to the operation of a motor vehicle.
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 shall perform safety and mechanical inspections at least on an an nual basis for each vehicle owned and operated by a limousine carrier.
46-7-85.6. No certificate issued under this article may be leased, assigned, or otherwise transferred or encumbered unless authorized by the commission.
46-7-85.7. The commission may cancel, revoke, or suspend any certificate issued under this article on any of the following grounds:
(1) The violation of any of the provisions of this article;

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(2) The violation of an order, decision, rule, regulation, or requirement established by the commission pursuant to this article;
(3) Failure of a limousine carrier to pay a fee imposed on the carrier within the time required by law or by the commission;
(4) Failure of a limousine carrier to maintain required insurance in full force and effect; and
(5) Failure of a limousine carrier to operate and perform reasonable services.
46-7-85.8. After the cancellation or revocation of a permit or during the period of its suspension, it is unlawful for a limousine carrier to conduct any operations as such a carrier.
46-7-85.9. Pursuant to rules and regulations prescribed by the commission, each chauf feur employed by a limousine carrier shall register with the commission and secure a permit as a limousine chauffeur. A chauffeur's permit issued under this subsection shall be upon a form prescribed by the commission and shall bear thereon a distinguishing number assigned to the permittee, the full name and a photograph of the permittee, and such other informa tion or identification as is required by the commission. Every chauffeur employed by a lim ousine carrier shall have his or her chauffeur's permit in his or her immediate possession at all times while operating a limousine. All applications for a chauffeur's permit shall be ac companied by such fee as the commission shall prescribe. The chauffeur's permit shall be valid for two calendar years. The commission may issue a chauffeur's permit by mail.
46-7-85.10. In order to secure a chauffeur's permit, an applicant must provide the fol lowing information on a form provided by the commission. The applicant must:
(1) Be at least 18 years of age;
(2) Possess a valid Georgia driver's license which must have been held for a minimum period of one year period to application, and said license must not be limited as defined in Code Section 40-5-64; and
(3) (A) Not have been convicted, been on probation or parole, or served time on a sen tence for a period of five years previous to the date of application for the violation of any of the following criminal offenses of this state or any other state or of the United States: crimi nal homicide, rape, aggravated battery, mayhem, burglary, aggravated assault, kidnapping, robbery, driving a motor vehicle while under the influence of intoxicating beverages or drugs, child molestation, any sex related offense, leaving the scene of an accident, criminal solicitation to commit any of the above, any felony in the commission of which a motor vehicle was used, perjury or false swearing in making any statement under oath in connec tion with the application for a chauffeur's permit, any law involving violence or theft, or possession, sale, or distribution of narcotic drugs, barbituric acid derivatives, or central ner vous system stimulants; provided, however, that all applicants shall be entitled to the full benefits of Article 3 of Chapter 8 of Title 42, relating to first offender probation.
(B) If at the time of application the applicant is charged with any of the offenses pre scribed in subparagraph (A) of this paragraph, consideration of the application shall be sus pended until entry of a plea or verdict or dismissal. For purposes of this paragraph, a plea of nolo contendere to any of the offenses set out in this paragraph shall constitute a conviction.
46-7-85.11. The State of Georgia fully occupies and preempts the entire field of regula tion over limousine carriers as regulated by this article; provided, however, that the gov erning authority of any county or municipal airport shall be authorized to permit any limou sine carrier doing business at any such airport and may establish fees as part of such permitting process; provided, further, that counties and municipalities may enact ordi nances and regulations which require limousine carriers which are domiciled within their boundaries to pay business license fees.
46-7-85.12. A limousine carrier operating under a certificate issued by the commission shall be required to file with the commission a tariff of rates and charges.

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46-7-85.13. Before the commission shall enter any order, regulation, or requirement di rected against any limousine carrier, such carrier shall first be given reasonable notice and an opportunity to be heard on the matter.
46-7-85.14. A limousine carrier may obtain a temporary permit for a period of 21 con secutive days beginning and ending on the dates specified on the face of the permit. Tempo rary 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 commis sion 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. Any chauffeur operating a limou sine under a temporary permit issued pursuant to this Code section shall be required to obtain a chauffeur's permit.
46-7-85.15. 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 May 1, 1994, for all such vehicles currently owned and to be registered and operated by a limousine carrier.
46-7-85.16. Any person doing business in this state as a limousine carrier who is regis tered as such with the commission as of May 1, 1994, 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.
46-7-85.17. 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 May 1, 1994.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Newbill of the 56th moved that the Senate agree to the House substitute to SB 317 as amended by the following amendment:
Amend the House substitute to SB 317 by adding on line 14 on page 1 the following the word "is" the word "not".
By adding on line 1 on page 2 immediately following the word and symbol "limousines," the words "and sedans".
By rewriting line 2 on page 2 so that it reads as follows:
"not more than 15 persons for hire, except that any".
By adding on line 7 on page 3 after the word and symbol "limousines," the words "or sedans".
By adding between lines 15 and 16 on page 3 the following:
"(8) 'Sedan' means any luxury or sedan-type vehicle which has a seating capacity of not more than five passengers and the driver and which does not contain a taximeter designed to measure electronically or mechanically the distance traveled."
By adding on line 17 on page 3 following the word "limousine" the words "or sedan".
By striking line 8 on page 7 and inserting in its place the following:
"pay established fees for a nonrestrictive business license".

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By adding on line 10 on page 7 after the word "shall" the word "not".

On the motion, 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 Crotts Dawkins Day Dean Edge Egan

Farrow Gillis Glanton Gochenour 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 Scott Slotin Starr Thomas Thompson Turner Tysinger

Voting in the negative was Senator Alien.

Those not voting were Senators:

Abernathy Blitch Coleman Garner (presiding)

Harbison Huggins Langford of 35th

Robinson Taylor Walker

On the motion, the yeas were 45, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 317 as amended by the Senate.

The following bill of the Senate was taken up for the purpose of considering the Confer ence Committee report thereon:

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 Conference Committee report on SB 73 was as follows:
The Committee of Conference on SB 73 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 73 be adopted.
Respectfully submitted,

FOR THE SENATE:
Is/ Mark Taylor Senator, 12th District

FOR THE HOUSE OF REPRESENTATIVES:
fa/ Eric B. Johnson Representative, 153rd District

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2221

/s/ Robert Brown Senator, 26th District
/s/ David Scott Senator, 36th District

/s/ Nancy Orrock Representative, 56th District
/s/ Tom Bordeaux Representative, 151st District

Conference Committee substitute to SB 73:

A BILL
To be entitled an Act to amend Part 12 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to 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; to provide for reports; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 12 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the effectiveness of educational programs, is amended by adding at the end a new Code section to read as follows:
"20-2-284. (a) The General Assembly finds that a Council for School Performance would enhance the public's access to information concerning the performance of public schools and public school systems. Such information shall measure outcomes of the state's investment in each public school and each public school system. Such information shall also specifically describe how each public school and each public school system has utilized mon eys derived from the Georgia Lottery for Education.
(b) As used in this Code section, the term 'council* means the Council for School Per formance established in subsection (c) of this Code section.
(c) There is created and established a Council for School Performance composed of seven members. Six of the members shall be public members, four of whom shall be ap pointed by the Governor. One public member shall be appointed by the Speaker of the House of Representatives and one public member shall be appointed by the President of the Senate, neither of which members shall be a member of the General Assembly. The public members shall serve at the pleasure of the appointing authority. The State School Superin tendent shall serve as the seventh member and shall have the same vote on the council as any other member.
(d) The Governor shall select a chairperson for the council from among the six public members. Four members shall constitute a quorum for the transaction of business. Members of the council shall receive no compensation for their services upon the council but shall be entitled to receive the travel allowance provided in Code Section 50-19-7 for their travel expenses when necessary in carrying out the duties of their office.
(e) The council shall not be a part of the Department of Education but shall be an independent entity attached to the Office of Planning and Budget for administrative pur poses only, as set forth in Code Section 50-4-3. The council is authorized to enter into con tracts to fulfill its duties under this Code section.
(f) The Department of Education shall cooperate fully with the council. Specifically, the Department of Education is directed to collect and provide to the council information re garding individual public schools and individual public school systems which the council deems necessary to discharge its duties under this Code section.
(g) The Council for School Performance shall issue an annual report no later than De cember 1 of each year, commencing December 1, 1994. The report shall be an impartial evaluation of the progress made by each public school and each public school system in meeting national, state, and local educational goals. The report shall include information concerning outcomes of the state's investment in each public school and each public school

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system as well as a description of how each public school and each public school system utilized moneys derived from the Georgia Lottery for Education. The report shall be pub lished in a format that can be easily understood by parents and other members of the com munity who are not professional educators. Copies of the report shall be provided to the Governor, Lieutenant Governor, Speaker of the House of Representatives, and to the chairpersons of the Education Committees of the Georgia Senate and House of Representatives."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Brown of the 26th moved that the Senate adopt the Conference Committee report on SB 73.

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 Boshears
RBroWwenn ojfo2w6tlh.

Gillis Gochenour Hemmer Henson Hm
Hooks

Cheeks
Dawkins j3av Dean Edge Egan Farrow

Isakson
KemP Langford of 35th Langford of 29th Madden Marable Oliver

Parrish Perdue Pollard Ragan of llth Ragan of 32nd
Ralston
Robinson
Scott Slotin Thomas Thompson Turner Tysinger

Those not voting were Senators:

Blitch Broun of 46th Clay Coleman Crotts

Garner (presiding) Glanton Harbison Middleton

Newbill Starr Taylor Walker

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 73.

The following bill of the Senate was taken up for the purpose of considering the Confer ence Committee report thereon:

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.

The Conference Committee report on SB 234 was as follows: The Committee of Conference on SB 234 recommends that both the Senate and the

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2223

House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 234 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Mary Margaret Oliver Senator, 42nd District
/s/ Mark Taylor Senator, 12th District
/s/ Robert Brown Senator, 26th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Nancy Orrock Representative, 56th District
/s/ Tom Bordeaux Representative, 151st District
/s/ Charles Thomas Representative, 100th District

Conference Committee substitute to SB 234:

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 provisions relating to the Child Fatality Re view 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 Coordi nating Council; to provide for related matters; 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. Title 19 of the Official Code of Georgia Annotated, relating to domestic rela tions, is amended by striking Chapter 15, relating to state and local review of child fatalities and child abuse and related procedures, and inserting in its place a new Chapter 15 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 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.
(6) 'Panel' means the State-wide Child Fatality Review Abuse Prevention Panel created by Code Section 19-15-4.

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(7) 'Report' means a report prepared by a committee pursuant to subsection (b) of Code Section 19-15-3.
(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 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.
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;
(1) The office of the chief of police of the largest municipality in the county;
(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.

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2225

(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.
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) A committee which receives a report pursuant to subsection (a) of this Code section shall meet and review the report within ten days after receipt and conduct its own investiga tion into the death of the child named in that report. The committee 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 finding that such documents or witnesses are necessary for the committee's investigation; provided, however, that this Code section shall not modify or impair the privileged commu nications as provided by law except as otherwise provided in Code Section 19-7-5. The com mittee shall complete the investigation and prepare its own report regarding the death of the child named in the medical examiner's report received by the committee. The commit tee's report shall be completed within 20 days, Saturdays, Sundays, and holidays excluded, following the first meeting of the committee held after the committee received the medical examiner's report. The committee'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 shall transmit a copy of its report within 15 days following its com pletion to the Department of Human Resources Criminal Justice Coordinating Council and to the panel. The committee 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.

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19-15-4. (a) There is created the State-wide Child Fatality Review Abuse Prevention Panel which shall be composed as follows:
(1) One district attorney appointed by the Governor;
(2) One juvenile court judge appointed by the Governor;
(3) se Two citizen member members who shall be appointed by the Governor, who are is not employed by or an officer officers of the state or any political subdivision thereof and one of whom shall come from each of the following: (A) a state-wide child abuse prevention organization; and (B) a state-wide childhood injury prevention organization;
(4) One forensic pathologist appointed by the Governor;
(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; aad
(7) The director of the Georgia Bureau of Investigation;
(8) The chairperson of the Criminal Justice Coordinating Council;
(9) A member of the Georgia Senate appointed by the Lieutenant Governor;
(10) A member of the Georgia House of Representatives appointed by the Speaker of the House;
(11) A local law enforcement official appointed by the Governor; and
(12) A superior court judge appointed by the Governor.
(b) (1) Members of the panel specified in paragraphs (1) through (4) of subsection (a) of this CodFsection 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. Members of the panel specified in paragraphs (11) and (12) of subsection (a) of this Code section shall be appointed by the Governor for initial terms of office to begin immediately upon their appointment and expire June 30, 1993. 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 qualified.
(2) Members of the panel specified in paragraphs (9) and (10) of subsection (a) of this Code section shall serve for terms of office concurrent with their terms of office as members of the General Assembly^
(3) 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) Members of the panel who are members of the General Assembly shall be compen sated for service on the panel from legislative funds in the manner provided for service on interim study committees. Those members of the panel described in paragraphs (4) through (7) of subsection (a) of this Code section who are not state officials or employees shall re ceive from funds appropriated or otherwise~available to the panel no additional compcnaa tien 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; .The members of the panel who are state officials or employees shall receive no additionaTcompensation for their service on the panel but may be reimbursed for reasonable and necessary travel expenses which shall be payable from the department or agency of which such member is an employee or officer. The remaining members of the panel ahall receive from state funds no compensation, expenses, or allowancca for such ser vices on the panel.
(d) The panel shall be attached for administrative purposes to the Criminal Justice

TUESDAY, MARCH 23, 1993

2227

Coordinating Council. The Criminal Justice Coordinating Council shall provide such staff support as may be necessary to enable the panel to discharge its duties under the law.
4d) (e) The Governor shall appoint the chairperson The chairman of the Board of Human Resources shall serve as chairman of the panel. The panel shall meet yearly quar terly to review the reports of committees 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 and may call a special meeting of the panel to review any report when the chairan chairperson has concluded the report warrants expedited review and has been requested by the submitting committee to make such expedited review.
4e) (f) At the end By December 1 of each calendar year, the panel shall submit a report to the Governor, the Lieutenant Governor, and the Speaker of the House regarding the prevalence and circumstances of child fatalities and child abuse in the state, recommend measures 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) The actions, if any, taken by any state or local agency or court;
43) (4) Whether agency or court intervention could have prevented their deaths;
44) (5) Whether policy, procedural, regulatory, or statutory changes are called for as a result oFthese findings; and
4&) (6) Whether any referral should have been made to a law enforcement agency which was not made.
(g) The panel shall also comprehensively review the policies, procedures, and operations of the Division of Family and Children Services of the Department of Human Resources by December 1, 1993, in an effort to ensure coordination of social services, law enforcement, and criminal and juvenile justice relating to the prevention of child fatalities. The panel shall report its findings to the Governor, the Lieutenant Governor, and the Speaker of the House no later than December 1, 1993.
40 (h) The panel shall also establish procedures for the conduct of investigations by committees into deaths of children and may obtain the assistance of child protection profes sionals in establishing such procedures.
(i) The panel shall also review on an ongoing basis the policies, procedures, and opera tions of the Division of Family and Children Services of the Department of Human Re sources and whether modifications are necessary to help prevent child abuse and child fatalities!
(j) The panel shall also monitor implementation of the state child abuse prevention plan~and make an annual report on the progress of the implementation of such plan to the Governor, Lieutenant Governor, and Speaker of the House of Representatives?
19-15-5. Meetings and proceedings of:
(1) A Committee 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;
(2) The panel shall be open to the public as long as information identifying a deceased or abused 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 disclosed 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 either a committee or the panel.

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(b) Notwithstanding any other provision of law to the contrary, reports of a committee 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 having possession of such records or reports shall only release them after expunging therefrom all information contained therein which would per mit identifying the decreased or abused 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 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 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 or the panel or who is a member of either body shall not be questioned in any civil or criminal proceeding regarding such presentation or regarding opinions formed by or confidential information obtained by such person as a result of serving as a member of either body. This subsection shall not be con strued to prohibit any person from testifying regarding information obtained independently of a committee or the panel. In any proceeding in which testimony of such a member is offered the court shall first determine the source of such witness's knowledge.
(f) Except as otherwise provided in this Code section, information acquired by and records of a committee 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 criminal proceeding.
(g) A member of a committee or the panel shall not be civilly or criminally 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 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 Oliver of the 42nd moved that the Senate adopt the Conference Committee report on SB 234.

On the motion, 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 Crotts

Dawkins Day Dean Edge Egan Farrow Gillis Gochenour Hemmer Henson Hill

Hooks Huggins Isakson Langford of 29th Madden Marable Middleton Oliver Parrish Perdue Pollard

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2229

Ragan of llth Ragan of 32nd Ralston Ray

Robinson Starr Thomas

Thompson Turner Tysinger

Those not voting were Senators:

Abernathy B'itch Coleman Garner (presiding) Glanton

Harbison Kemp Langford of 35th Newbill

Scott glotin Taylor Walker

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 234.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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.

The House substitute to SB 28 was as follows:

A BILL
To be entitled an Act 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 pro vide for such devices to be owned or leased and installed by units of local government; to provide for availability as a precondition to mandatory use of such devices; to require such devices for reinstatement of certain drivers' licenses and as a condition of obtaining a proba tionary license; to provide for issuance of a limited driving permit upon installation of an interlock device under certain restrictions; to provide for fees; to provide for violations and penalties; to provide for procedures for reporting to the court and related matters; to pro vide for certification of ignition interlock devices and providers by the Department of Public Safety; to provide for rules and regulations regarding ignition interlock devices; to provide for warning labels; to provide exceptions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, is amended by adding at the end thereof a new Article 7 to read as follows:
"ARTICLE 7
42-8-110. (a) As used in this article, the term 'ignition interlock device' means a con stant monitoring device certified by the commissioner of public safety which prevents a motor vehicle from being started at any time without first determining the equivalent blood alcohol concentration of the operator through the taking of a deep lung breath sample. The system shall be calibrated so that the motor vehicle may not be started if the blood alcohol concentration of the operator, as measured by the device, exceeds 0.02 grams or if the sam ple is not a sample of human breath.

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(b) As used in this article, the term 'provider center' means a facility established by a county or municipality for the purpose of providing and installing ignition interlock devices when their use is required by or as a result of an order of a court of that county or municipality.
(c) This article shall not apply with respect to a court in general if the county or munic ipality served by the court has not established a provider center. This article shall not apply in any particular case if the relevant provider center does not have available a functioning certified ignition interlock device available for use in that particular case.
(d) Ignition interlock devices for provider centers shall be purchased or leased by coun ties and municipalities pursuant to competitive bidding procedures established by the rules and regulations of the Department of Public Safety.
(e) A provider center may charge the person whose vehicle is to be equipped with an ignition interlock device installation and deinstallation fees and rental fees reasonably cal culated to compensate the county or municipality for the total direct and indirect costs of operating the provider center. A provider center may also require such person to make a security deposit for the safe return of the ignition interlock device. Payment of any or all of such fees and deposits may be made a condition of probation under this order.
42-8-111. (a) In addition to any other provision of probation, upon a conviction of a second charge of violating Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, for which a person is granted probation, the court may order that such person not drive a motor vehicle for a period of not less than six months unless such vehicle is equipped with a functioning, certified ignition interlock de vice. For the purpose of this subsection, a plea of nolo contendere shall constitute a convic tion. Any person who is ordered to obtain and use an ignition interlock device, as a condi tion of probation, shall complete the DUI Alcohol or Drug Use Risk Reduction Program and submit to the court or probation department a certificate of completion of the DUI Alcohol or Drug Use Risk Reduction Program and certification of installation of a certified ignition interlock device.
(b) Except as otherwise provided in this article, the court may order the installation of a certified ignition interlock device on any vehicle which any person subject to subsection (a) of this Code section owns or operates. Upon a third or subsequent conviction the court shall require installation of a certified ignition interlock device.
(c) If use of an ignition interlock device is ordered, the court shall include in the record of conviction or violation submitted to the Department of Public Safety notice of the re quirement for, and the period of the requirement for, the use of a certified ignition interlock device. The records of the Department of Public Safety shall contain a record reflecting mandatory use of such device and the person's driver's license shall contain a notation that the person may only operate a motor vehicle equipped with a functioning, certified ignition interlock device.
(d) Except as provided in Code Section 42-8-112, no provision of this article shall be deemed to reduce any period of driver's license suspension or revocation otherwise imposed by law.
(e) The fee for issuance of any driver's license indicating that use of an ignition inter lock device is required shall be $15.00, except that for habitual violators required to use an ignition interlock device as a condition of a probationary license the fee shall be as pre scribed in Code Section 40-5-58. Upon expiration of the period of time for which such per son is required to use an ignition interlock device the person may apply for and receive a regular driver's license upon payment of the fee provided for in Code Section 40-5-25.
42-8-112. (a) If the court imposes the use of an ignition interlock device as a condition of probation on a person whose driving privilege is not suspended or revoked, the court shall require the person to provide proof of compliance with such order to the court or the proba tion officer within 30 days. If the person fails to provide proof of installation within such

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period, absent a finding by the court of good cause for that failure, which finding is entered in the court's record, the court shall revoke or terminate the probation.
(b) If the court imposes the use of an ignition interlock device as a condition of proba tion on a person whose driving privilege is suspended or revoked, the court shall require the person to provide proof of compliance with such order to the court or the probation officer and the Department of Public Safety not later than the date on which such suspension or revocation concludes. If the person fails to provide proof of installation within such period, the department shall not reinstate such person's driver's license and, absent a finding by the court of good cause for that failure, which finding is entered on the court's record, the court shall revoke or terminate the probation. If the person is authorized under Code Section 405-63 or 40-5-67.2 to apply for reinstatement of his or her driver's license during the period of suspension such person shall prior to applying for reinstatement of the license have an ignition interlock device installed and shall maintain such ignition interlock device in his or her vehicle for a period of six months; provided, however, that for a second or subsequent suspension under Code Section 40-5-63 or suspension for a second offense under Code Sec tion 40-5-67.2, after the Department of Public Safety has held the suspended driver's license for a minimum of 30 days, such person may apply for and be issued a six-month ignition interlock permit, provided that such person submits to the department proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and proof of installation of an igni tion interlock device on his or her vehicle. Any driver who is issued an ignition interlock permit prior to the expiration of 120 days after the suspension of the driver's license may operate such vehicle: (1) only to and from a place of employment or to perform the duties of his or her occupation; (2) to receive medical care or to obtain prescription drugs; (3) to attend a school or college at which he or she is enrolled; (4) to attend court-ordered driver improvement or driver education or a drug or alcohol program (5) to attend regularly sched uled meetings or sessions of recognized organizations for persons who have alcohol or drug addiction or abuse problems; or (6) to report to an ignition interlock station. At the expira tion of such six month ignition interlock permit the driver may apply for reinstatement of a regular driver's license upon payment of the fee provided in Code Section 40-5-25. If the person is authorized under Code Section 40-5-58 or under or under Code Section 40-5-67.2 to obtain a habitual violator's probationary license, such person shall, if such person is a habitual violator as a result of two or more convictions for driving under the influence of alcohol or drugs, install an ignition interlock device as a condition of such probationary license. Failure to show proof of such device shall be grounds for refusal of reinstatement of such license or issuance of such habitual violator's probationary license or the immediate suspension or revocation of such license.
(c) Each person who is required to use an ignition interlock device pursuant to this article shall report to the provider center every 30 days for the purpose of monitoring the operation of each interlocking ignition device in the person's vehicle or vehicles. If at any time it is determined that a person has tampered with the device, the Department of Public Safety or the court ordering use of such device shall be given written notice within five days. If an ignition interlock device is found to be malfunctioning, it shall be replaced or repaired, as ordered by the court or the Department of Public Safety, at the expense of the provider.
42-8-113. (a) No person shall knowingly rent, lease, or lend a motor vehicle to a person known to have had his or her driving privilege restricted as a condition of probation as provided in this article, unless the vehicle is equipped with a functioning, certified ignition interlock device. Any person whose driving privilege is restricted as a condition of probation as provided in this article shall notify any other person who rents, leases, or loans a motor vehicle to him or her of such driving restriction.
(b) Any person convicted of a violation of subsection (a) of this Code section shall be guilty of a misdemeanor.
42-8-114. (a) Notwithstanding Code Sections 42-8-110 through 42-8-113, if a person who is required to use an ignition interlock device pursuant to this article is required to operate a motor vehicle in the course and scope of his or her employment and if the vehicle is owned

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by the employer, the person may operate that vehicle without installation of an approved ignition interlock device if the employer has been notified by the person that the person's driving privilege has been restricted under this article and if the person has proof of that notification in his or her possession or the notice, or a facsimile copy thereof, is with the vehicle.
(b) A motor vehicle owned by a business entity, which business entity is all or partly owned or controlled by a person otherwise subject to this article, is not a motor vehicle owned by the employer subject to the exemption in subsection (a) of this Code section.
42-8-115. (a) The commissioner of public safety or the commissioner's designee shall certify ignition interlock devices required by this article and the providers of such devices and shall promulgate rules and regulations for the certification of said devices and providers and the procurement of said devices by counties and municipalities. The standards for certi fication of such devices shall include, but not be limited to, the following:
(1) The device shall not impede the safe operation of the vehicle;
(2) The device shall have features that make circumvention difficult but do not inter fere with the normal use of the vehicle;
(3) The device shall correlate well with established measures of alcohol impairment;
(4) The device shall work accurately and reliably in an unsupervised environment;
(5) The device shall resist tampering and give evidence if tampering is attempted;
(6) The device shall be difficult to circumvent and shall require premeditation to do so;
(7) The device shall require a deep lung breath sample as a measure of blood alcohol concentration equivalence;
(8) The device shall operate reliably over the range of automobile environments;
(9) The device shall have the ability to record and retain the results of all tests;
(10) The device shall be manufactured by a party who will provide liability insurance; and
(11) The device shall be backed by a company that can provide a focal point of respon sibility for the maintenance and service of such device.
(b) The commissioner of public safety may utilize information from an independent agency to certify ignition interlock devices on or off the premises of the manufacturer in accordance with rules and regulations promulgated pursuant to this article. The cost of cer tification shall be borne by the manufacturers of ignition interlock devices.
(c) The commissioner of public safety shall adopt rules and regulations for determining the accuracy of and proper use of the ignition interlock devices in full compliance with this article. No model of ignition interlock device shall be certified unless it meets the accuracy requirements specified by such rules and regulations.
(d) Before certifying any device, the Department of Public Safety shall consult with the National Highway Traffic Safety Administration regarding the use of ignition interlock devices.
42-8-116. The providers certified by the Department of Public Safety shall design and adopt pursuant to regulations of the department a warning label which shall be affixed to each ignition interlock device upon installation. The label shall contain a warning that any person tampering, circumventing, or otherwise misusing the device is guilty of a misde meanor and may be subject to civil liability.
42-8-117. (a) In the event the sentencing court or the Department of Public Safety finds that a person has violated the terms of probation imposed pursuant to subsection (a) of Code Section 42-8-111, the Department of Public Safety shall revoke that person's driving privilege for one year from the date the court revokes that person's probation. The court shall report such probation revocation to the Department of Public Safety by court order.

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(b) In the event the sentencing court or the Department of Public Safety finds that a person has twice violated the terms of probation imposed pursuant to subsection (a) of Code Section 42-8-111 during the same period of probation, the Department of Public Safety shall revoke that person's driving privilege for five years from the date the court revokes that person's probation for a second time. The court shall report such probation revocation to the Department of Public Safety by court order.
42-8-118. (a) It is unlawful for any person whose driving privilege is restricted pursuant to subsection (a) of Code Section 42-8-111 to request or solicit any other person to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing the person so restricted with an operable motor vehicle.
(b) It is unlawful for any person to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing an operable motor vehicle to a person whose driving privilege is restricted pursuant to subsection (a) of Code Section 42-8-111.
(c) It is unlawful to tamper with, or circumvent the operation of, an ignition interlock device.
(d) Any person violating any provision of this Code section shall be guilty of a misdemeanor."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Henson of the 55th moved that the Senate agree to the House substitute to SB 28.

Senator Glanton of the 34th moved that the House substitute to SB 28 be printed.

On the motion, the yeas were 14, nays 31; the motion was lost, and the substitute was not printed.

On the motion offered by Senator Henson of the 55th, 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,,Bruorwt. onn of 26th CClhaeyeks
Coleman
Crotts Dawkins
Day
Dean Edge

Egan Farrow Gillis Glanton Gochenour Harbison Hemmer HTHTie.l,n,l son HIsuakgsgoinns
Kemp
Langford of 29th Madden
Marable
Middleton Newbill

Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd ^ EK,,. oub-mson *S,lotl.n
Starr
Taylor Thomas
Thompson
Turner Tysinger

Those not voting were Senators:

Abernathy Garner (presiding)

Hooks Langford of 35th

Ralston Walker

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On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 28.
The following resolution of the Senate was taken up for the purpose of considering the House substitute thereto:
SR 8. By Senators Scott of the 36th and Oliver of the 42nd:
A resolution creating the Capital Outlay for Education Task Force.
The House substitute to SR 8 was as follows:
A RESOLUTION
Creating the Capital Outlay for Education Task Force and the Education Accountabil ity and Evaluation Commission; and for other purposes.
Part 1
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 $1.5 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 consist of four members of the Senate to be appointed by the President of the Senate; four members of the House of Representatives to be appointed by the Speaker of the House of Represent atives; one representative from the Department of Education to be appointed by the State School Superintendent; one representative to be appointed by the Georgia School Superin tendent's Association; and the President of the Georgia School Boards Association or the president's designee. The chair of the task force shall be selected by the membership. The chair shall call all meetings of the task force. The task force shall prepare a study for the Governor and the General Assembly to include, but not be limited to, recommended revi sions of the current capital outlay program, as set out in Code Section 20-2-260 of the O.C.G.A., and other related matters, such as how capital outlay funds affect other state and local education expenditures; community satisfaction with consolidation, size, and location of schools; safety issues associated with relocation of schools other than in neighborhoods where students reside; size of schools as to cost, safety, and academic appropriateness; and

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2235

any other matters determined relevant by the task force to the examination of relationships between the capital outlay program and its effect upon desired educational outcomes.
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 prior to completion of this con solidation funding program for systems identified under programs prior to July 1, 1993?
(D) Should funding include planning and equipping for new technologies such as computers?
(3) Do the recently passed subsections (k.l) and (r) of Code Section 20-2-260 require amendments for clarification?
(4) Does the use of technology and other innovations have implications for school construction?
(5) 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?
(6) Should interagency collaboration be incorporated into the law?
(7) Are obsolescent facilities being abandoned inappropriately?
(8) 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?
(9) The task force shall monitor federal legislation that may be significant for Georgia.
(10) The task force shall look at how capital outlay projects fit into total local strategic planning.
(11) The task force shall address the needs of unhoused students through a study of relevant statistics and other pertinent information.
(12) The task force shall examine whether new programs and incentives, such as prekindergarten programs, among others, should be part of the school construction program.
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

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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, shall be reimbursed for such ex penses from funds appropriated or available to the Department of Education. The task force may meet at such times and places within the State of Georgia as the task force deems necessary not to exceed five meetings. 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 De cember 1, 1993.
Part 2
WHEREAS, the enactment of the "Quality Basic Education Act" ("QBE") was hailed as landmark legislation which would radically reform public education in this state; and
WHEREAS, the success of the next generation of Georgians in competing in the world marketplace depends in large measure upon the success of QBE in achieving its stated goals; and
WHEREAS, although QBE has never been fully funded, it nevertheless consumes an enormous amount of federal, state, and local tax funds; and
WHEREAS, the citizens of this state deserve to know whether this costly program is paying off for the students whom the program is intended to educate.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Education Accountability and Evaluation Commission. The commission shall be composed of nine members. Three members, none of whom shall be a member of the General Assembly, shall be appointed by the Governor. Three members shall be members of the House of Representatives who shall be appointed by the Speaker of the House of Representatives. Three members shall be members of the Senate who shall be appointed by the President of the Senate. The members of the commission who are not members of the General Assembly shall be appointed from educators, school board mem bers, business leaders, deans of colleges of education, and others having a demonstrated interest in educational matters. The chairperson of the commission shall be elected from the membership of the commission. Members of the commission shall serve as such until De cember 31, 1994.
BE IT FURTHER RESOLVED that legislative members and citizen members shall receive the expenses and allowances authorized by law for members of interim legislative committees for their services on the commission. The legislative members are authorized expenses and allowances for five days unless additional days are otherwise authorized. Mem bers of the commission who are state officials, other than legislative members, and state employees shall receive no compensation for their services on the commission, but they shall be reimbursed for expenses incurred by them in the performance of their duties as members of the commission. The funds necessary for the reimbursement of the expenses of state officials, other than legislative members, and state employees shall come from funds appro priated to or otherwise available to their respective departments. The funds necessary for the reimbursement of the expenses of members of the commission who are not legislative members or state officials or employees shall come from funds appropriated or otherwise available to the Department of Education. All other funds necessary to carry out the provi sions of this resolution shall come from the funds appropriated to or otherwise available to the House of Representatives. The commission shall receive personnel support from the staff in the Department of Education, the Governor's office, and the legislative branch of government.

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2237

BE IT FURTHER RESOLVED that the commission shall study the progress achieved since QBE became effective, as measured against the objectives and goals set forth in Code Sections 20-2-131 and 20-2-132 of the Official Code of Georgia Annotated, and shall estab lish for each school system the percentage of federal, state, and local funds expended for direct student instruction for each year since 1985. The commission may adopt indicators of student progress, school progress, and academics and system progress which shall include measures of student achievement, program improvement, including programs that were dropped or were not established because of lack of funds, number of students enrolled in upper-level courses, number of teachers involved in staff development designed to improve teaching methodologies, school statistics on dropouts, retention rates, attendance, discipline, students on free lunch, minimum school size as it relates to distance that students travel, parent's involvement, and all other relative information.
BE IT FURTHER RESOLVED that the commission shall reports its findings to the Governor and the General Assembly no later than December 1, 1993, and December 1, 1994, and make recommendations regarding adjustments to funding and other formulas, changes in statutes and rules, and assessments of needs for each school system which will further the purposes and goals of QBE. Prior to the issuance of such report, the commission shall con duct at least one public hearing in each congressional district. The commission shall be abolished December 31, 1994.

Senator Scott of the 36th moved that the Senate agree to the House substitute to SR 8.

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 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

Voting in the negative was Senator Glanton.

Those not voting were Senators:

Garner (presiding) Gochenour

Langford of 35th

Walker

On the motion, the yeas were 51, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SR 8.

The President resumed the Chair.

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Senator Taylor of the 12th moved that the Senate Rule requiring a Conference Com mittee report to be printed and distributed one (1) hour before its consideration by the Senate be suspended, and that the Conference Committee report on the following bill of the Senate be considered:

SB 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.

On the motion, the yeas were 40, nays 0; the motion prevailed, and the Conference Committee report on SB 26, as follows, was considered by the Senate:
The Committee of Conference on SB 26 recommends that both the Senate and the House of Representatives recede from their positions and that SB 26, as passed by the House of Representatives, with the attached Conference Committee amendment to SB 26 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Charles Walker Senator, 22nd District
/s/ Nadine Thomas Senator, 10th District
/s/ Mark Taylor Senator, 12th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Georganna Sinkfield Representative, 57th District
/s/ Jim Martin Representative 47th District
/s/ Thurbert E. Baker Representative, 70th District

Conference Committee amendment to SB 26:

Amend SB 26, as passed by the House of Representatives, by adding after the word "To" on line 1 of page 1 the following:
"state legislative findings and intent; to".
By adding between lines 3 and 4 of page 2 the following:
"PART I
Section 1. The General Assembly estimates that up to $6 million will be saved on an annual basis when the provisions of Code Sections 49-4-112, 49-4-113, and 49-4-115 are fully implemented for complete fiscal years. It is the intent of the General Assembly that such cost savings realized by the implementation of these three Code sections be redirected into the Aid to Families with Dependent Children program in the following priorities:
(1) Extension of transitional Medicaid for up to 24 months provided a federal waiver is obtained;
(2) Expansion of PEACH program slots; and
(3) Child care assistance for low-income working families."
By adding following "days" on line 15 of page 4 the following:
"or until the recipient complies with this Code section, whichever occurs first".
By adding, following the word "termination" on line 24 of page 4 the following:
"or until the recipient complies with this Code section, whichever occurs first".

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By striking lines 13 through 16 of page 6 and inserting in lieu thereof the following:

"recipients. This provision shall only apply to recipient families who have been in re ceipt of cash benefits under this article for a period of a total of 24 months after January 1, 1994. Nothing in this Code section shall be construed to disqualify a recipient family from an incremental increase in benefits in cases in which the birth of a child is the result of a verifiable rape or incest.' "

Senator Taylor of the 12th moved that the Senate adopt the Conference Committee report on SB 26.

On the motion, 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 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 Parrish. Not voting was Senator Abernathy.

On the motion, the yeas were 54, nays 1; the motion prevailed, and the Senate adopted the Conference Committee report on SB 26.

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JOURNAL OF THE SENATE

The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 370. By Senator Garner of the 30th:
A resolution relative to adjournment.
The House has rejected the Conference Committee Report on 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 discharged Conference Committee #1 and has appointed Conference Committee #2 on 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 Speaker has appointed on the part of the House, Representatives Godbee of the 145th, Purcell of the 147th and Taylor of the 134th.
The House has agreed to the Senate substitutes to the following bills of the House:
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 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.

TUESDAY, MARCH 23, 1993

2241

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 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 634. By Representatives Buck of the 135th and Smyre of the 136th: A bill to provide for a new charter for the county-wide government of Columbus, Georgia.
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 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.
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 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 1054. By Representatives Watts of the 26th and Murphy of the 18th: A bill to amend an Act authorizing the establishment of a civil service system in Paulding County, so as to change the provisions relating to the duties and func tions of the civil service board of Paulding County.
The House has agreed to the Senate amendments to the following bills of the House:
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

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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;
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".
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.
HB 983. By Representatives Barnes of the 33rd, Ehrhart of the 36th, Vaughan of the 34th, Coker of the 31st, Atkins of the 29th and Hammond of the 32nd:
A bill to amend an Act known as the "South Cobb Development Authority Act," so as to provide additional members of the authority.
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 councihnembers.
HB 1102. By Representatives Wall of the 82nd, Dix of the 76th, Coleman of the 80th, Johnson of the 84th, Bannister of the 77th and others:
A bill to provide for the compensation of the chief magistrate of the Magistrate Court of Gwinnett County.
The House has agreed to the Senate amendment, to the House substitute to the follow ing bill of the Senate:
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.

TUESDAY, MARCH 23, 1993

2243

The House has adopted the reports of the Committee of Conference on the following bills and resolutions of the House and Senate:
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 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.
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.
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.
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.
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.
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 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.
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.
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.
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 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 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 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.
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 23, 1993

2245

certain hospital authorities and the terms, conditions, and effects of such merger; to provide for reactivating certain hospital authorities.
SR 21. By Senators Isakson of the 21st, Garner of the 30th, Cheeks of the 23rd and , others:
A resolution creating the Atlanta Campaign Commission.
The House had adopted the report of the second Committee of Conference on the fol lowing 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 recedes from its position in substituting the following bill of the Senate:
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.
The House has passed by the requisite constitutional majority the following bills of the House and Senate:
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.
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 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.

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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.
SB 352. By Senators Middleton of the 50th, Marable of the 52nd, Thompson of the 33rd, Perdue of the 18th, Hill of the 4th 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 a to provide for such coverage for all such persons.
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 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 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.
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.
SB 391. By Senators Isakson of the 21st, Clay of the 37th, Thompson of the 33rd and others:
A bill to amend an Act to authorize the establishment of a Civil Service System in Cobb County for persons receiving salary and wages in whole or in part from Cobb County, so as to change provisions regarding the terms of office of certain members of the board.

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2247

SB 392. By Senators Isakson of the 21st, Clay of the 37th and Ragan of the 32nd: A bill to amend an Act creating a Board of Elections and Registration in Cobb County, as amended, so as to delete residency requirements of certain members of the board; to provide for editorial revision; to provide for an effective date.
The House has adopted by the requisite constitutional majority the following resolution of the Senate:
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 following resolutions of the Senate were read and adopted:
SR 33. By Senators Thompson of the 33rd, Langford of the 35th, Bowen of the 13th and others: A resolution recognizing and commending Sharon Farris Wilder.
SR 361. By Senators Garner of the 30th and Edge of the 28th: A resolution commending Vulcan Materials Company.
SR 362. By Senators Taylor of the 12th, Hooks of the 14th and Walker of the 22nd: A resolution commending Mr. Thomas Chatmon.
SR 363. By Senators Henson of the 55th, Thomas of the 10th, Parrish of the 43rd and others: A resolution commending Honorable Cynthia Ann McKinney.
SR 364. By Senators Henson of the 55th, Thomas of the 10th and Parrish of the 43rd: A resolution congratulating John Marshall Law School on the occasion of its six tieth anniversary.
SR 365. By Senator Thomas of the 10th: A resolution recognizing the Church of God in Christ National Sunday School and Music Convention.
SR 366. By Senators Thomas of the 10th and Henson of the 55th: A resolution recognizing N. H. Scott.
SR 367. By Senators Thomas of the 10th, Henson of the 55th and Walker of the 22nd: A resolution recognizing the Georgia Community Health Nursing Coalition.
SR 368. By Senator Hooks of the 14th: A resolution recognizing and commending Staley High School and its distin guished alumni.

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The following bill of the House was read the first time and referred to committee:

HB 1133. By Representatives Dixon of the 150th, Pelote of the 149th, Mueller of the 152nd and others:
A bill to repeal an Act creating the Intergovernmental Council of Chatham County.
Referred to Committee on Urban and County Affairs.

The following persons elected to the State Transportation Board this legislative session and certified to the Secretary of State were announced:
Tom Triplett, first congressional district; term April 16, 1993 to April 15, 1998. Election held January 12, 1993.
William Langdale, second congressional district; term April 16, 1993 to April 15, 1998. Election held January 12, 1993.
Steve Reynolds, fourth congressional district; term April 16, 1989 to April 15, 1994. Election held January 12, 1993.
Emory McClinton, 5th congressional district; term January 13, 1993 to April 15, 1998. Election held January 13, 1993.
James Beverly Langford, 9th congressional district; term January 13, 1993 to April 15, 1997.

The following report of the Committee on Enrolling and Journals was read by the Secretary:

Mr. President:

The Committee on Enrolling and Journals has read and examined the following Senate bills and resolutions, and has instructed me to report the same back to the Senate as correct and ready for transmission to the Governor:

SB 152.

SB 210.

SB 151.

SB 388.

SB 153.

SB 217.

SB 167.

SB 389.

SB 13.

SB 218.

SB 177.

SB 390.

SB 14.

SB 219.

SB 7.

SB 391.

SB 17.

SB 220.

SB 191.

SB 9.

SB 18.

SB 222.

SB 254.

SB 25.

SB 51.

SB 238.

SB 258.

SB 83.

SB 75.

SR 119.

SB 285.

SB 117.

SB 78.

SB 26.

SB 319.

SB 221.

SB 137. SB 145.

SB 1. SB 2.

SB 325. SB 327.

SB 230. SB 273.

SB 178.

SB 3.

SB 329.

SB 275.

SB 179.

SB 87.

SB 338.

SB 283.

SB 181.

SB 88.

SB 342.

SB 294.

SB 182. SB 183. SB 184.

SB 96. SB 108. SB 111.

SB 353. SB 373. SB 383.

SB 297. SB 339. SB 347.

SB 195.

SB 133.

SB 385.

SB 351.

TUESDAY, MARCH 23, 1993

2249

SB 354. SB 392. SB 11. SB 15. SB 16. SB 19. SB 45. SB 48. SB 61. SB 74. SB 76. SB 85. SB 90. SB 91. SB 92. SB 93. SB 97. SB 156. SB 162. SB 227. SB 284. SB 306. SB 316. SB 374. SB 375. SB 382. SB 73. SB 225. SB 234.

SB 335. SB 28. SB 29. SB 70. SB 103. SB 104. SB 115. SB 125. SB 129. SB 130. SB 139. SB 142. SB 146. SB 154. SB 165. SB 171. SB 172. SB 173. SB 175. SB 189. SB 192. SB 196. SB 197. SB 200. SB 201. SB 202. SB 206. SB 214.

SB 231.

SR 64.

SB 240.

SR 68.

SB 244.

SR 69.

SB 249.

SR 115.

SB 252.

SR 118.

SB 256.

SR 121.

SB 263.

SR 122.

SB 265.

SR 127.

SB 269.

SR 142.

SB 271.

SR 153.

SB 277.

SR 158.

SB 278.

SR 180.

SB 279.

SR 200.

SB 295.

SR 208.

SB 298.

SR 226.

SB 304.

SR 230.

SB 315.

SR 231.

SB 333.

SR 232.

SB 343.

SR 233.

SB 346.

SR 234.

SB 352.

SR 238.

SB 355.

SR 7.

SB 358.

SR 8.

SB 359.

SR 44.

SB 369.

SR 109.

SB 371.

SR 131.

SB 372.

SR 156.

SR 21.

SR 250.

Respectfully submitted,
/s/ Waymond C. Huggins, Chairman Senator, District 53

The President announced at 9:27 o'clock P.M. that, pursuant to SR 370, adopted previ ously, the Senate stood adjourned sine die.

INDEX

2251

Senate Journal Index
1993 Regular Session

INDEX

2253

PART I

SENATE BILLS AND RESOLUTIONS

SB

1--Child Abuse Prevention Panel; fatality reviews; sexual

abuse defined ................. 43, 342, 380, 408, 409, 416, 1881, 2027, 2248

SB

2--Child Abuse; offense of sexual abuse redefined; exclude

certain good faith treatment; reports disclosure,

access............................. 43, 343, 380, 408, 417, 1882, 2036, 2248

SB

3--Family Violence, Child Abuse Victims; use of force in self-defense;

deprived child proceedings; placement, custody

changes .......................... 43, 343, 380, 408, 419, 1830, 2038, 2248

SB

4--State Agencies; grant programs; Fair and Open

Grants Act ................................ 43, 815, 855, 904, 906

SB

5--State Agencies; budgets; 5-year strategic plans;

Agency Review Act.............................. 43, 482, 537, 589, 595

SB

6--Seat Safety Belts; child passengers under age 16;

requirements ......................................... 44, 79 102, 121

SB

7--Bicycles; helmets required; passenger under age 4,

secured seats .................... 44, 79, 102, 121, 122, 1829, 2084, 2248

SB

8--State Agencies; budget request; property purchase, leases;

procedure ......................................... 44, 482, 537, 589, 598

SB

9--State Agencies; purchasing, use of recyclable products,

materials .............................. 44, 316, 343, 386, 1615, 1666, 2248

SB 10--Water Systems; withdrawal permits; community

economic impact analyses ............................................ 44

SB 11--Motorized Wheelchair Warranty Act;

enact ................................. 77, 135, 154, 178, 1221, 1240, 2249

SB 12--Firearms Dealers; retail sales; purchaser background check;

persons ineligible with certain criminal, mental

histories....................................... 45, 153, 176, 198, 205, 208

SB 13--Stalking, Crimes of; definition; penalties; notices to

victims; persons charged, custodial release restrictions ..... 45, 103, 117, 138,

139, 157, 1638, 1792, 1954, 2248

SB 14--Alcoholic Beverage Sales at Coliseums; counties of

140,000 or more.......................... 45, 153, 176, 198, 205, 957, 2248

SB 15--Surgery and Other Invasive Procedures; repeal certain

limitations. ............................. 45, 576, 617, 649, 650, 1369, 2249

SB 16--Boats; registration numbers; decal placement; power

boats restricted on Chattahoochee River; designated no

ski areas ............. 45, 103, 117, 138, 144, 379, 408, 421, 1318, 1331, 2249

SB 17--Educational Organizations; self-insured plans; licensing

exception............................... 45, 153, 177, 198, 205, 1220, 2248

SB 18--Agriculture Department, agreement with U.S. Department

of Agriculture. .......................... 46, 290, 317, 346, 347, 1220, 2248

SB 19--Water Pollution Control; sewage treatment; adding sewer

connections............................. 46, 103, 117, 138, 145, 1575, 2249

SB 20--Dietetic Counselors; nutritional care delivery;

licensure; regulate .............................. 46, 451, 485, 544, 546, 558

SB 21--Columbia County; Board of Education; election districts;

reapportion; terms .............................. 46, 79, 80, 127, 336

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JOURNAL OF THE SENATE

SB 22--Columbia County; Board of Commissioners; election districts; reapportion.......................................... 46, 79, 81, 149, 336
SB 23--Columbia County; Board of Elections; creation; powers; duties; composition............................... 46, 79, 81, 149, 164, 336
SB 24--Recreational Bingo Games; operation of; requirements; regulation ............................................. 46, 193, 217, 295
SB 25--Nurses, Licensed Practical; licensure requirements; temporary permit .............. 47, 176, 193, 221, 264, 281, 1221, 1241, 2248
SB 26--Welfare Ass'stance Reforms; change benefit eligibility requirements ................................ 47, 342, 380, 408, 423, 1576, 1768, 2070, 2075, 2104, 2238, 2243, 2248
SB 27--DUI; driver's license suspension for first or subsequent offenses ....................................... 47, 192, 217, 295, 296, 297
SB 28--DUI Alcohol or Drugs; probation condition; ignition interlock device. ............................ 47, 192, 217, 295, 297, 2080, 2229, 2249
SB 29--Governor's Development Council; private sector members; attach to Office of Planning and Budget ...................... 47, 79, 102, 121, 123, 124, 2080, 2152, 2249
SB 30--Military Base Closures; new facilities; intergovernmental agreements ....................... 47, 134, 154, 178, 182, 338, 358, 360, 395
SB 31--Cobb Judicial Circuit; additional judge; appointment; election ........................................... 48, 103, 117, 138, 147
SB 32--Civil Actions; dismissal for want of prosecution; reduce time period ................................. 48, 192, 217, 295, 299
SB 33--Trials; motion for new trial; transcript filing; time extension.......................................... 48, 192, 218, 295, 300
SB 34--Insurance; Motor Vehicle; liability, raise minimum amount required ................................................. 48, 80
SB 35--Elections; absentee ballots; counting, tabulation; challenged ballots ............................. 48, 290, 317, 346, 361, 386, 392, 408, 457, 489, 512, 518
SB 36--Common-law Marriages; invalid to enter into after certain date ....................................... 48, 779, 816, 860, 867
SB 37--Sex Education, AIDS Prevention Course Materials; appropriateness of .................................................. 49
SB 38--Highways; weight, load requirements; allowable methods for compliance ................................. 49, 176, 193, 221, 265, 281
SB 39--World Congress Center or Its Operating Agents; hiring practices ....................... 49, 853, 889, 1039, 1069, 1072, 1080
SB 40--Public Schools; comprehensive evaluations; exemption; accreditation........................................................ 49
SB 41--Unpaid Volunteers at School Sponsored Functions; liability immunity ................... 49, 379, 403, 457, 544, 560, 712, 742, 759, 767
SB 42--Public, Private Schools; property damage, theft; criminal trespass .................................................... 49
SB 43--QBE; purpose; additional goals, achievements by the year 2000 ..................................... 50, 103, 117, 138, 157, 159
SB 44--In-school Suspension Classes; qualifications of persons in charge ........................................................... 50
SB 45--Education, State Board; members; public hearings; notice requirements ....................... 50, 103, 117, 138, 157, 160, 2245, 2249
SB 46--School Health Programs; health assessments, screenings; provide for ............................................ 64, 342, 752, 780
SB 47--Automobile Insurers; glass replacement, repair work; prohibited acts .................................... 64, 451, 485, 544, 558
SB 48--Psychologists; licensing; persons qualified; use of title; definition............................... 64, 451, 485, 544, 565, 1330, 2249

INDEX

2255

SB 49--Mental Health; Delivery of Disability Services; reorganization; coordination between regional and community boards; public and private providers........................... 64, 779, 816, 904, 921, 950
SB 50--Property Improvements; conversion of payments; intent to defraud.......................................................... 64
SB 51--State Forestry Commission; volunteer service program; operation of ................. 65, 103, 117, 138, 157, 162, 769, 2248
SB 52--Driver's License; commercial vehicles; operating without a license .......................................... 65, 192, 218, 295, 301
SB 53--State Employees; sick leave; utilization; affidavits; reports ............................... 65, 175, 194, 221, 281, 295, 323, 333
SB 54--Correctional Officers; two breaks during each 8-hour shift............... 65 SB 55--State Officers and Employees; participating in political
activities ........................................................... 65 SB 56--Motor Vehicle; accident claims; insurers failure to pay
benefits ............................................................ 65
SB 57--U.S. Senators, Representatives from Georgia; term limitations.......................................................... 66
SB 58--Welfare Reform; additional child born; eliminate benefit increases .................................................... 66
SB 59--Educational Programs; student assessment; disclosure of results........................................................... 66
SB 60--State Agencies; continuing appropriations; program reviews; reports ..................................................... 66
SB 61--Chiropractors; scope of practice; certain nonprescription items ............................. 66, 176, 194, 221, 266, 1331, 1779, 2249
SB 62--State Courts; civil actions; demand for trial by jury. ........................................... 66, 343, 380, 408, 427
SB 63--Divorce, Custody, Paternity, Visitation Actions; parent seminar .................................... 66, 193, 218, 295, 302
SB 64--State Board of Pardons and Paroles; voting records; public inspection.................. 67, 379, 403, 457, 489, 519, 528, 711, 737
SB 65--Peace Officers; training agencies; appropriation of funds ........................................ 67, 542, 854, 889, 978, 1003
SB 66--Public Assistance; teenagers; school attendance; LEARNFARE Program.............................................. 67
SB 67--Librarians; professional certification; accredited master's degree ..................................................... 77
SB 68--Firearms Protection for Minors Act; offense of criminal storage..................................................... 77
SB 69--Lobbying; restrict conduct of former legislators, public officials ............................................................ 77
SB 70--Public Records; education personnel proceedings; agency's stationery ...................... 77, 135, 154, 178, 183, 1691, 1694, 1696, 1831, 1887, 1914, 2213, 2243, 2249
SB 71--State Flag; change design and description; state-wide referendum ................................. 78, 888, 967, 1039, 1042, 1050
SB 72--School Attendance; mandatory to age 18 years; applicable school year ........................................ 78, 192, 218, 295, 306
SB 73--Council for School Performance; creation; duties; evaluate programs; utilization of lottery moneys; annual report ......... 78, 192, 218, 295, 323, 324, 1019, 1573, 1883, 1926, 2074, 2220, 2243, 2249
SB 74--Charter School Program Grants; criteria; improved student performance ........... 78, 192, 218, 295, 323, 324, 1331, 1436, 2249
SB 75--Glynn County; State Court; change terms; solicitor compensation .................................... 100, 135, 137, 209, 2248

2256

JOURNAL OF THE SENATE

SB 76--Supreme Court; Terms of Court; disposition of cases............................. 100, 153, 177, 198, 206, 1818, 2012, 2249
SB 77--State Agencies; administrative procedure; contested cases.............................................................. 100
SB 78--Statesboro, City of; corporate limits; property annexation; referendum.......................... 101, 116, 119, 1220, 2248
SB 79--Charter School Programs; grants; organization and operation of ....................................................... 101
SB 80--Vehicles Transporting Passengers; buses, vans; revise definition.......................................................... 101
SB 81--Estates; year's support of family of the deceased; increase amount ................................................... 101
SB 82--Firemen's Pension Fund; years required for vesting; early retirement ............................................ 101
SB 83--Firemen's Pension Fund; membership eligibility; age; service credit .................. 101, 483, 538, 623, 629, 630, 1220, 2248
SB 84--Insurance; Motor Vehicle; subrogation; medical benefits; prohibitions ............................................... 102
SB 85--Property; Liens; federal tax liens; filing, indexing, recording ..................... 112, 175, 194, 221, 266, 2245, 2249
SB 86--State Agencies; budget requests; audit report; Program Review Act ............................................... 112
SB 87--Probationers; supervision fees; pretrial release or diversion program .................... 112, 153, 177, 198, 207, 746, 2248
SB 88--Speech-language Pathologists, Audiologists; temporary license exemption for certain educators ................. 112, 192, 218, 295, 323, 328, 1221, 1242, 2248
SB 89--Public Employees; disclosing waste, fraud, or abuse without reprisal ............................. 112, 176, 194, 221, 267
SB 90--Highways; restricted travel lanes; high occupancy vehicle violations.................. 113, 176, 194, 221, 268, 1330, 1541, 2249
SB 91--Toll Roads; toll charges; violations; nonpayment, evasion; penalties ................. 113, 176, 194, 221, 269, 1370, 1542, 2249
SB 92--Abandoned, Unattended, Distressed Vehicles; removal from public roads ............ 113, 577, 617, 711, 727, 1331, 1543, 1883, 2249
SB 93--Ride-sharing Programs; Transportation Department; establishment; financial support of... 113, 176, 194, 222, 270, 1369, 2249
SB 94--Airports, Landing Fields; commercial expansion; referendum approval ............................................... 113
SB 95--Supermarket, Grocery Stores; polling places; alcoholic beverage sales ............................................. 113
SB 96--Fulton County; Library System; discontinued use of property; disposal procedures ................ 114, 451, 453, 455, 1220, 2248
SB 97--Fulton County; Purchasing Office; public letting and bids; advertisement of bids .................. 114, 290, 317, 346, 355, 390, 393, 1333, 1604, 2249
SB 98--Highways; Developmental Highway System; exclude the Outer Perimeter ........................................ 114
SB 99--Death Investigations; autopsies; tissue studies; reporting persons admitted hospital in unconscious state ................................. 114, 536, 578, 711, 741
SB 100--Lottery for Education Account; proceeds; appropriation restrictions ................................... 114, 450, 485
SB 101--QBE; local fair share funds; equalization grants; calculation method .......................................... 114
SB 102--Columbia County; Board of Elections Created by 1979 Act; abolish. ............... 114, 193, 218, 295, 323, 329, 610, 639, 1949

INDEX

2257

SB 103--Workers' Compensation; State Board; fatal

occupational injuries; records disclosure ................. 115, 192, 219, 295,

323, 330, 1369, 2249

SB 104--Prize Winners Owing Money, Taxes to State; debt

collection; withholding of winnings so liened;

procedures ....................... 115, 290, 317, 346, 347, 1575, 1610, 2249

SB 105--Loans Secured by Residential Property; interest;

fees, insurance premiums, property appraisal, title

search; regulate lender rates. ................... 115, 483, 538, 710, 716, 724

SB 106--Lenders, Brokers; residential mortgage

businesses; regulation of ....................... 129, 341, 381, 408, 429, 441

SB 107--School Bus Drivers; random drug testing;

policies; funding method ............................................ 130

SB 108--Professions, Businesses Licensed by State; applicant question;

history of sanctioned, revoked or suspended

licenses ........................... 130, 290, 317, 346, 355, 958, 1243, 2248

SB 109--DUI; driver improvement clinics; alcohol or drug use

reduction programs; use of courthouse space

130, 290, 317, 346, 348

SB 110--Blind Persons Literacy Rights and Education

Act; braille ........................................................ 130

SB 111--Treutlen County; Board of Education; members;

increase compensation .................. 130, 153, 155, 157, 197, 1128, 2248

SB 112--Ballots; Braille print for Use by the Blind

or Visually Impaired ............................................... 130

SB 113--Criminal Procedure; search warrants; lawful

evidence obtained ............................. 130, 379, 403, 457, 489, 520

SB 114--Bingo Games; valuation of prizes awarded;

maximum amount.............................. 131, 963, 1027, 1096, 1134

SB 115--Occupational Therapists or Assistants; licensure;

qualifications ..................... 131, 342, 381, 408, 441, 1616, 1669, 2249

SB 116--Radar Speed Detection; use of devices on

hills; admissible evidence .......................... 131, 705, 753, 792, 803

SB 117--Professional Foresters; registration; qualifications;

reciprocity. ....................... 131, 316, 344, 386, 389, 1370, 1572, 2248

SB 118--General Assembly; members of standing committees; acceptance

of travel expenses paid by lobbyists prohibited ....................... 131

SB 119--DUI; third or subsequent conviction; publish

name in newspaper............................ 131, 379, 403, 457, 489, 497

SB 120--Judges; attorneys serving part-time without

conflict of interest ............................ 131, 379, 404, 457, 544, 562

SB 121--Firearms; unlawful possession; persons under

influence alcohol, drugs ............................ 132, 484, 538, 589, 592

SB 122--Juvenile Law Enforcement Records; disclosure

to school personnel:............................... 132, 484, 538, 623, 637

SB 123--Driver's License; mandatory suspension;

certain habitual violators ...................... 132, 407, 537, 578, 759, 765

SB 124--Highways; commuters; state employees;

car-pools, flex-time plans ........................................... 132

SB 125--Ad Valorem; tax execution notices; homestead

exemption .................... 132, 193, 219, 295, 323, 332, 2181, 2199, 2249

SB 126--Tax Assessors; county boards; election of

members ........................ 133, 193, 219, 295, 323, 332, 346, 361, 363

SB 127--English; designate as official language used

in public records .............................. 133, 290, 317, 346, 357, 963

SB 128--Alcoholic Beverages; open containers;

possession by passengers ....................... 133, 379, 404, 457, 489, 491

2258

JOURNAL OF THE SENATE

SB 129--State Agencies; proposed rules; synopsis

statement; certain employment positions abolished ................ 133, 378,

404, 457, 489, 497, 1370, 1476, 2249

SB 130--Veterinarians or Animal Boarding Facilities;

charges due; liens; notice to owner of disposal

or sale ....................... 133, 343, 381, 408, 456, 457, 1370, 1595, 2249

SB 131--Voter Registration; additional places; PSD

license examine offices ..................... 133, 963, 1027, 1096, 1135, 1160

SB 132--Juveniles; students committing felony crimes;

courts notify schools ............................................... 149

SB 133--Insurance; Life; corporations or trusts; insurable interest; special

employee groups; beneficiaries; consent of insured;

requirements ...

150, 379, 404, 457, 489, 508, 1331, 1477, 1482, 2248

SB 134--Minority Participation in State Contracts;

procurement process................................................ 150

SB 135--Asbestos Removal or Disposal; employee training;

certification ..................... 150, 316, 344, 386, 391, 396, 408, 457, 489

SB 136--State Flag; change appearance, description;

state-wide referendum .............................................. 150

SB 137--Professional Counseling, Social Work or Marriage and Family Therapists;

licensing requirements; exceptions; discipline

actions .................. 150, 342, 576, 617, 711, 729, 736, 1616, 1777, 2248

SB 138--Fees; license plates; special; repeal

additional registration fees .......................................... 150

SB 139--Property Tax Amnesty Program; enact; penalty

waivers; sanctions ............. 151, 341, 381, 408, 456, 459, 1791, 2047, 2249

SB 140--School Organizations; raffles, casino

gambling; license to operate ......................................... 151

SB 141--Motor Fuel; compressed natural gas; excise

taxes; measure by gallon ........................... 151, 450, 485, 544, 568

SB 142--Firemen's Pension Fund; benefits;

postretirement increases ................ 151, 484, 538, 758, 759, 1330, 2249

SB 143--Home Inspectors; regulate; inspection

requirements; defects notices ....................... 151, 536, 578, 623, 626

SB 144--Vernonburg, Town of; election of officers;

adopt Georgia Municipal Election Code ...................... 171, 316, 319

SB 145--Coastal Area (Olympic) Games Authority;

creation; powers; membership ................ 171, 403, 451, 489, 522, 1576,

1696, 1700, 2248

SB 146--Insurers; third-party liability claims; settlement;

notify claimant ................... 172, 316, 344, 386, 391, 1370, 1707, 2249

SB 147--Jekyll Island-State Park Authority; services;

limit fee increases .................................................. 172

SB 148--Paternity; Actions; evidence; genetic tests

results; child support cases..................... 172, 379, 404, 457, 544, 563

SB 149--Documents, Forms; racial data; multiracial

classification choice ........................... 172, 778, 817, 904, 977, 980

SB 150--Delinquent Children; probation condition;

serve in boot camp program........................ 172, 217, 291, 323, 334

SB 151--Whitfield County; Board of Commissioners; term

limitations; chairman, change salary ............... 172, 291, 293, 955, 2248

SB 152--Dalton, City of; Ad Valorem; taxes for city purposes;

homestead exemption; referendum ................. 172, 291, 293, 955, 2248

SB 153--Dalton, City of; Ad Valorem; school district

taxes; homestead exemption; referendum

173, 291, 293, 956, 2248

SB 154--Pharmacists-Patient Privileged Medical Information;

disclosure

......

173, 379, 404, 457, 489, 519, 1710, 2249

INDEX

2259

SB 155--Sandy Springs, City of; incorporation; charter; boundaries; powers ................................. 173, 451, 454
SB 156--Superior Courts; Clerks; fines, forfeitures, surcharges; partial payments; order of distribution to certain entities. .......................... 189, 483, 538, 589, 595, 2074, 2091, 2249
SB 157--Credit Repair Services; regulation of advertising; practices ............................................... 189
SB 158--Tax Assessors; county boards; members; term of office ........................................................... 190
SB 159--State Employees; transacting business with mental health agencies ............................................. 190
SB 160--Elections; primaries; voting for candidate of any political party ................................................. 190
SB 161--Medical, Dental, Long-term Care; individual medical trust accounts...................................... 190, 704, 753
SB 162--Office of Treasury and Fiscal Services; creation; powers, duties ..................... 190, 341, 381, 408, 456, 466, 2245, 2249
SB 163--DUI; chemical test for blood alcohol; results; license suspension .................... 190, 889, 967, 1096, 1129, 1791, 2010
SB 164--Public Assistance; illegal aliens ineligible; acute medical care ................................................. 191
SB 165--Torts; dental students under academic supervision; immunity ............. 191, 484, 538, 589, 592, 1819, 2021, 2249
SB 166--Enterprise Zones; ad valorem tax exemption upon referendum approval ................ 191, 485, 539, 711, 738, 759, 764
SB 167--Whitfield County; Magistrate Court; full-time magistrate; nonpartisan election ................... 211, 316, 319, 955, 2248
SB 168--Driver's License; minors; suspension; failure attend school or job training program ................. 211, 407, 1025, 1089
SB 169--Personal Care Homes; restraints, isolation of residents restricted ................................................. 211
SB 170--Temporomandibular Joint Disorders; affects jaw; insurance coverage ............................ 211, 704, 753, 792, 804
SB 171--Agency Relationships; conditional power of attorney; validity....................... 211, 483, 539, 589, 594, 1950, 2249
SB 172--Estates; year's support; define term; child entitled to inherit...................... 212, 483, 539, 623, 625, 2246, 2249
SB 173--Wrongful Death of Spouse or Parent; division of money recovered ............... 212, 483, 539, 623, 636, 2109, 2157, 2249
SB 174--Divorce Cases; eliminate jury trials; court shall render judgment .............................................. 212
SB 175--Employers; health care, day care or child care facilities or schools; disclosure of employee job performance .................... 212, 888, 967, 1039, 1073, 1706, 2076, 2249
SB 176--Workers' Compensation; exclusion; self-insured small employers ........................................ 212
SB 177--Clayton County; Board of Education; appointment of school superintendent.............. 212, 316, 319, 610, 2248
SB 178--Clayton County; Board of Commissioners; chairman; compensation .......................... 212, 316, 319, 610, 2248
SB 179--Clayton County; Superior Court; judges; county salary supplement ......................... 213, 316, 319, 610, 2248
SB 180--Clayton County; State Court; judges; change compensation .............................................. 213, 316, 320
SB 181--Clayton Judicial Circuit; district attorney; salary supplement................................ 213, 316, 320, 610, 2248

2260

JOURNAL OF THE SENATE

SB 182--Clayton County; Sheriff; annual

salary ........................................... 213, 316, 320, 610, 2248

SB 183--Clayton County; Probate Court; judge; change

compensation .............................. 213, 316, 320, 1220, 1244, 2248

SB 184--Clayton Judicial Circuit; Superior Court; official

court reporters; change compensation

213, 316, 320, 610, 2248

SB 185--Clayton County; State Court; solicitor;

change compensation . . . ................................... 213, 316, 320

SB 186--State Flag Design Commission; creation;

public hearings; membership ........................................ 213

SB 187--Motor Vehicle Insurers; first party medical

benefits not subrogated ............................................. 214

SB 188--Appropriations; continuation budget; analysis

of agency programs .............. 214, 482, 539, 589, 593, 713, 742, 758, 762

SB 189--Guardians or Fiduciaries; renunciation of

property interest................... 283, 379, 404, 457, 544, 564, 1950, 2249

SB 190--Roofing Contractors; regulate; create new

licensing division................................................... 284

SB 191--Historic Chattahoochee Commission; interstate

compact; members ................. 284, 379, 405, 457, 489, 493, 1369, 2248

SB 192--State Buildings; purchasing materials, fixtures;

life cycle costs .................... 284, 536, 578, 623, 629, 1615, 2015, 2249

SB 193--Jury Lists; sources for selection of persons;

driver's licenses, vehicle registrations, registered

voters .......................................... 284, 888, 967, 1039, 1055

SB 194--Residential Subdivisions, Condo Developments;

ownership of amenities ............................................. 284

SB 195--Cobb County; Ad Valorem Taxes; homestead exemption;

certain residents; referendum.................. 284, 343, 345, 773, 841, 2248

SB 196--Magistrate Courts; Clerks; services of state

court clerk; compensation .......... 285, 705, 753, 860, 864, 2113, 2163, 2249

SB 197--Georgia Child Care Council; continued existence;

appointed members .................... 285, 577, 617, 649, 652, 1709, 2249

SB 198--Driver's License; minors; revocation; failure

attend school or academic deficiencies ........................... 285, 407

SB 199--Optometry, Doctors of; use of topical or oral

pharmaceutical agents .......................................... 285, 342

SB 200--Pollution Prevention Assistance Division of

DNR Established ................. 285, 483, 539, 589, 599, 2075, 2167, 2249

SB 201--Housing Authorities; powers; limitations;

investments; bond sales................. 285, 576, 617, 649, 651, 1951, 2249

SB 202--Grants to Counties Providing Services for

Certain State Properties ................. 286, 341, 381, 408, 456, 467, 1330,

1636, 1882, 2249

SB 203--General Assembly; profiling proposed bills,

resolutions; procedures .......................... 286, 888, 967, 1039, 1060

SB 204--QBE; funding guidance counselors in primary,

upper elementary grades

286

SB 205--QBE; local fair share funds; replace with

state sales tax increase ............................................. 286

SB 206--State Lottery; advertising signs at retail

liquor stores ........................... 286, 752, 780, 822, 823, 1330, 2249

SB 207--State Contracts; minority business

participation; bid opportunities......................... 286, 779, 817, 860

SB 208--Welfare Recipients; private health insurance

coverage; pilot program ............................................. 287

INDEX

2261

SB 209--Ad Valorem; mobile homes; moving without required decals; penalties ....................... 287, 966, 1027, 1096, 1137
SB 210--Welfare Recipients; children; basic health care needs; insurance .................... 311, 483, 539, 589, 598, 957, 2248
SB 211--Employees of Juvenile Detention Systems; retirement membership ............................................. 312
SB 212--Fulton County; State Court; additional judge ..................................................... 312, 451, 454
SB 213--Highways; emergency call boxes in isolated areas.............................................................. 312
SB 214--Election Returns, Ballots and Other Documents; persons designated receive and preserve ............. 312, 484, 540, 589, 591, 1827, 2059, 2249
SB 215--Elections; Violations; duties of attorney general and elections board ......................................... 312
SB 216--Kindergarten and First Grade Classes; reduce maximum class size ................................................ 312
SB 217--Morrow, City of; ad valorem taxes; homestead exemption; referendum ........................... 313, 380, 384, 611, 2248
SB 218--Clayton County; Deputy Tax Commissioner; civil service benefits .............................. 313, 380, 384, 611, 2248
SB 219--Clayton County; Ad Valorem Taxes; homestead exemption; elderly residents; referendum...................... 313, 380, 384, 611, 2248
SB 220--Clayton County; Elected Officials and Employees; retirement; benefits .............................. 313, 380, 384, 611, 2248
SB 221--Clayton County; Magistrate Court; chief magistrate; partisan election ................................. 313, 380, 384, 611, 2248
SB 222--Cigarettes, Tobacco Products; sales, free samples, vending machine sales; penalties for distribution to minors under age 18 ............... .313, 577, 617, 710, 713, 1791, 2092, 2242, 2248
SB 223--Bad Checks; progress payments; labor, services; shipped merchandise ...................... 338, 484, 540, 759, 763
SB 224--Trade Secrets; offense of theft; expand definition; penalties ............................... 338, 855, 890, 977, 998
SB 225--State Capitol; preservation and use of; advisory commission created ................... 338, 576, 618, 649, 2075, 2105, 2249
SB 226--Georgia Reform Insurance Plan (GRIP); authorize establishment............................. 339, 964, 1027, 1096, 1111, 1119
SB 227--Brokerage Relationships in Real Estate Transactions Act; enact....... 339, 536, 578, 623, 635, 1615, 1626, 1634, 2249
SB 228--Alcohol Related Crimes; additional funds for public safety purposes .............................................. 339
SB 229--Evidence; expert witnesses; certain state agencies; no compensation ......................................... 339
SB 230--Insurance; cancellation of property insurance; life insurance contracts, right to return; notices ....................... 374, 536, 578, 649, 710, 711, 1371, 1568, 2248
SB 231--Commercial Solicitation; element of chance promotional offers; driver improvement clinics; consumer complaints ..................... 374, 645, 706, 1039, 1068, 1651, 1775, 2249
SB 232--Superior Court; Stone Mountain Judicial Circuit; tenth judgeship............................ 374, 536, 578, 623, 625
SB 233--Ad Valorem Tax; property value; fair market; existing use; timber ................................................ 375
SB 234--Child Abuse and Child Fatalities; prevention services; review panel................... 375, 536, 579, 623, 638, 1221, 1567, 1706, 1926, 2081, 2222, 2243, 2249

2262

JOURNAL OF THE SENATE

SB 235--Workers' Compensation; benefits; forfeiture; injuries caused

primarily by intoxication or drug use; testing

policies ......................................................... 375

SB 236--Health Care Providers; self-referral schemes;

prohibited activities ................................................ 375

SB 237--Controlled Substances Act; forfeitures;

informant reward payments ........................ 375, 577, 618, 711, 740

SB 238--Highways; excess dimensions; loads of preengineered,

premanufactured wood roofs, floor trusses; vehicle

permits ............................... 375, 537, 579, 623, 628, 1221, 2248

SB 239--Sheriffs; employees; civil service; deputies;

counties over 400,000 .............................. 376

SB 240--Insurers; workers' compensation; policy cancellations;

notices ........................... 399, 645, 706, 759, 763, 2047, 2060, 2249

SB 241--Dispensing Dangerous Drugs to Emergency

Medical Services Providers.......................................... 399

SB 242--License Plates; special; disabled war

veterans; free plates, decals ........................ 399, 536, 579, 623, 637

SB 243--Hunting, Fishing; honorary licenses; use of

crossbows as weapons .............................................. 399

SB 244--Public Records; admissibility as evidence

when facsimile transmitted. ........ 399, 779, 817, 860, 873, 1831, 2022, 2249

SB 245--Driver Training Schools; in-car trainees, eyesight tests,

license exemption; equipment required on cars;

reports ........................................... 399, 854, 890, 977, 991

SB 246--Sex Education; public schools; AIDS

prevention instruction; content ...................................... 400

SB 247--Firearms Protection for Minors; loaded guns

negligently stored resulting in accidental shootings;

penalties ................................ 400, 483, 540, 822, 825, 828, 845

SB 248--State Flag; change design to original flag;

state-wide referendum .............................................. 400

SB 249--Public Assistance; recipients; parties to recovery action for

tort; legal notice to Department of Medical

Assistance ........................ 400, 536, 579, 623, 624, 1651, 2013, 2249

SB 250--Public Service Commission; reorganization; create

independent Utility Finance Section; powers; duties;

personnel qualifications ........................ 400, 778, 817, 904, 910, 919

SB 251--Georgia Defined Contribution Plan; voluntary

membership; withdrawal ............................................ 445

SB 252--Victims of Crime; notify offender's death or custody

status change

445, 704, 754, 792, 800, 1819, 2011, 2249

SB 253--Judges; Superior Court; retirement; spousal

benefits coverage ................................................... 445

SB 254--Augusta Judicial Circuit; judges; salary

supplement; Columbia County ......

445, 647, 705, 708, 1692, 2248

SB 255--Employees' Retirement System; service credit;

WW II military service ................................. 445

SB 256--Wills; lost or destroyed; petitions for

probate ....................... 446, 965, 1027, 1096, 1120, 1827, 2017, 2249

SB 257--Hospitals Providing Only Emergency Services in County;

certificate of need exemption; project restoring

previous bed capacity .............................................. 446

SB 258--Superior Court; Rockdale Judicial Circuit;

judges; salary supplement.................... 446, 647, 705, 708, 1487, 2248

SB 259--Walton County; Board of Education; election

districts; change composition ................................ 446, 537, 543

INDEX

2263

SB 260--Georgia Privatization Review Act; create commission; provide powers .................... 446, 815, 856, 904, 977, 982
SB 261--Conasauga Judicial Circuit; superior court; fourth judgeship .................................. 446, 705, 754, 822, 824
SB 262--Hazardous Waste or Pollutant Facilities; permits; public hearings ............................................ 446
SB 263--EMS Technicians, Paramedics, Cardiac Technicians; recertification .......................... 447, 752, 780, 822, 825, 1710, 2249
SB 264--Insurers; administrative supervision; authority of commissioner............................... 447, 704, 754, 904, 977, 987
SB 265--Fulton County; Board of Commissioners; members; revise election districts ................ 447, 889, 895, 897, 1882, 2062, 2249
SB 266--Ad Valorem; county appraisal staff; exempt commercial licensure ............................................... 447
SB 267--Workers' Compensation; employee compensable injuries; medical exams ............................................. 447
SB 268--Child Support; amounts recovered by DHR; payment of court costs ............................................. 447
SB 269--Child Custody; award of temporary custody; child support enforcement, employment records to state support registry ........................ 447, 888, 967, 1039, 1072, 1819, 1929, 2249
SB 270--Probation Terms, Conditions; confinement, county detention facility ............................................ 448
SB 271--Georgia Historical Records Advisory Board; establishment; purposes............. 477, 576, 618, 649, 710, 712, 1330, 2249
SB 272--Saltwater Recreational Fishing and Charter Boat Fishing; licenses .............................................. 477
SB 273--Workers' Compensation; substitute systems, standards, approval; insolvent insurer guarantors; ineligible employees, inmates............. 477, 965, 1027, 1096, 1138, 2160, 2170, 2248
SB 274--Sex Education, AIDS Prevention Course Materials; parental rights ........................................... 477
SB 275--Waste Control Law; illegal dumping defined; criminal penalties ................................. 478, 576, 618, 649, 652, 1331, 1596, 1599, 2248
SB 276--Water Treatment; waste-water; sludge disposal, storage facilities ........................................... 478
SB 277--Alimony; modification actions; grounds; cohabiting with third party ............ 478, 705, 754, 792, 1370, 1385, 2249
SB 278--MARTA; use of tax revenues; limit for certain nonrecurring costs ........................ 478, 889, 967, 1096, 1131, 1692, 1796, 2017, 2044, 2046, 2249
SB 279--Law Enforcement Chief Executive Training; increase requirements ................ 478, 854, 890, 1039, 1054, 1951, 2249
SB 280--Insurance; brokers and solicitors; clarify certain references ................................. 531, 704, 754, 792, 803
SB 281--Health Care; referrals; physicians; financial interest restrictions................................................. 531
SB 282--Tax Commissioners, Collectors; salaries; increase minimum amount ....................... 531, 778, 817, 1039, 1060
SB 283--Voting; nonpartisan offices; remove straight party voting; exception ................. 531, 778, 817, 860, 871, 2074, 2079, 2164, 2165, 2204, 2210, 2244, 2248
SB 284--Austell, City of; Mayor, Council, Department Directors; administrative powers, duties............................... 532, 779, 784, 790, 1083, 1272, 1277, 2249

2264

JOURNAL OF THE SENATE

SB 285--Cobb County; Commission on Children and Youth; membership; extend to July 1, 1996.............................. 532, 646, 647, 1258, 2018, 2081, 2109, 2248
SB 286--Cobb County; Board of Commissioners; vacancies; qualifying other elected position .............................................. 532
SB 287--Private Security Guards; arrest powers on certain property ................................ 532, 854, 890, 1039, 1075
SB 288--Carjacking; offenses involving theft; criminal penalties .................................................. 532
SB 289--Yard Trimmings; restrict disposal in landfills; soil composting use .......................... 532, 705, 754
SB 290--Teachers and Other School Personnel; employment contracts .......................... 532, 963, 1027, 1096, 1171
SB 291--Minority Business Enterprise Development; redefine eligible persons ............................................ 573
SB 292--Sex Education; curriculum, classes; parental review; public hearings ............................................. 573
SB 293--Treatment of Mental Disorders; health insurance coverage ................................................. 573
SB 294--Hazardous Site Inventory; location of disposal or release; public filing; deed notation; waste facility permits; management fees. ............ 573, 705, 754, 792, 794, 1370, 1625, 2248
SB 295--Consumer Crimes Against Elderly or Disabled Persons; penalties ................... 573, 965, 1027, 1096, 1121, 1819, 1899, 1902, 2073, 2104, 2160, 2181, 2244, 2249
SB 296--Ad Valorem; property tax assessments; appeals; hearings; trials ......................... 573, 966, 1028, 1096, 1139
SB 297--Newnan, City of; cable television functions; public powers................................... 574, 779, 784, 1607, 2248
SB 298--Gwinnett County; Board of Education; members; increase salary ....................... 612, 706, 708, 1488, 1512, 1615, 1625, 1693, 1694, 1707, 1791, 2249
SB 299--Public Housing Projects; contracts; tenant management organizations .......................................... 612
SB 300--Workers' Compensation; injured workers; medical test procedures............................................. 612
SB 301--Alcoholic Beverages; sales near church, school or treatment centers ................................. 612, 853, 890
SB 302--Emergency 911 Telephone System Funds; allocation and use of moneys ........................................ 612
SB 303--Firemen's Pension Fund; prior eligible service credit; requirements ......................................... 613
SB 304--Georgia Sports Hall of Fame; appointment of additional members ................. 613, 963, 1028, 1096, 1143, 1709, 2249
SB 305--Dentists and Dental Hygienists; licensure; new board to regulate .............................................. 613
SB 306--Game and Fish; rangers, retention of weapon, badge; removal of bears......................... 613, 855, 890, 1096, 1099, 1818, 2082, 2164, 2249
SB 307--DUI Offenders; license revocation; reinstatement conditions ........................ 642, 965, 1028, 1096, 1144
SB 308--Nonpublic Postsecondary Education Commission; change organization of.............................................. 642
SB 309--Ticket Agents; amusement, entertainment admission; service charges. .......................................... 701
SB 310--Workers' Compensation; premium discounts for drug-free work programs ............................................ 701

INDEX

2265

SB 311--Handicapped and Impaired Veterans; housing

accessibility standards ..................................... 746, 963, 1028

SB 312--Nurses; psychiatric/mental health clinical

specialists; evaluations .......................... 746, 964, 1028, 1096, 1145

SB 313--Loans or Advance of Money; interest, fees;

maximum rate allowed .................................... 747, 962, 1028

SB 314--Alcoholic Beverages; sales on Sunday; prohibit

employee consumption ..................... 747, 858, 966, 1028, 1096, 1145

SB 315--Office of Senior Magistrate; creation;

ordinance violations; fines....................... 747, 888, 968, 1039, 1058,

2113, 2178, 2249

SB 316--Student Assessment; graduation tests, field testing;

school evaluations, 'exempt school' designation......... 747, 963, 1028, 1096,

1147, 1768, 2009, 2249

SB 317--Limousine Carriers; vehicle registration; PSC

regulate; issue permits .......................... 747, 854, 890, 1040, 1077,

1096, 1097, 2181, 2216

SB 318--Patient's Medical Records; charges for copying;

cap on fees ............................................... 747, 965, 1029

SB 319--Baldwin County; Probate Court; judge; annual salary

in lieu of fee system. ............................ 748, 855, 858, 1488, 2248

SB 320--Sexual Offenses; public indecency;

sadomasochistic abuse, torture ...................................... 748

SB 321--Atlanta, City of; Council and President; conflict

of business interests; disclosure................. 748, 1294, 1310, 1311, 1312

SB 322--Fulton County; Office of County Manager;

creation; appointment; qualifications ................................. 748

SB 323--Atlanta, City of; Public Schools; implement

student uniform dress code ......................................... 748

SB 324--Atlanta, City of; Public Schools; implement

staggered start and dismissal times .................................. 748

SB 325--Cobb County; Board of Commissioners;

vacancies; members qualifying another office................. 748, 889, 896,

1950, 2248

SB 326--Insurance; coverage; certain types of

anti-cancer drugs; conditions .................... 749, 964, 1029, 1096, 1148

SB 327--Butts County; Advisory Referendum Election on Form of

Government, County-wide Election of Commission

Chairperson ............................... 749, 855, 858, 1258, 1336, 2248

SB 328--Georgia Transportation Authority; creation;

authorized projects ........................ 773, 965, 1029, 1096, 1100, 1111

SB 329--Baldwin County; Magistrate Court; chief

magistrate; special election ....................... 773, 889, 896, 1488, 2248

SB 330--Home Inspectors; regulate scope of practice;

create licensing board .............................................. 773

SB 331--Indigent Patients; hospital emergency care;

standards; cost of care.............................................. 774

SB 332--Pharmacy, State Board; repeal rule relating

to patient counseling ............................................... 774

SB 333--Transportation; Projects; enhancement

activities as defined by federal law. ................... 811, 965, 1029, 1097,

1167, 1650, 1703, 1883, 2249

SB 334--Hospitals, Alternative Rural Community;

licensing; acute care status .......................................... 811

SB 335--State Agencies; Budget Accountability and

Planning Act; grants ...

812, 888, 968, 1039, 1064, 2165,

2185, 2199, 2249

2266

JOURNAL OF THE SENATE

SB 336--Jekyll Island; restrict development; 65% land

area; survey; maps ................................................. 812

SB 337--Jekyll Island-State Park Authority;

additional member; leases........................................... 812

SB 338--Austell, City of; Mayor or Councilmembers;

qualifications; residency requirements

812, 966, 970, 1488, 2248

SB 339--Insurance Department; reclassify certain

employee positions

848, 963, 1029, 1096, 1153, 1709, 2248

SB 340--Abandoned or Derelict Vehicles; disposition;

cancellation of title....................................... 848, 1025, 1089

SB 341--Alternative High School Programs Regardless

of Age; diploma credit.............................................. 848

SB 342--Upper Savannah River Development Authority; membership;

geographic jurisdiction; scope of projects; tolls,

fees, rents; bids ..................... 848, 965, 1029, 1097, 1154, 1709, 2248

SB 343--Bus Stops; shelters or benches; conditions for

issuing a permit

848, 966, 1029, 1097, 1154, 1692, 1701, 2249

SB 344--Candidates for U.S. Senate and House of

Representatives; limit terms......................................... 848

SB 345--Clinical Laboratories; forms for ordering

tests; billing practices .............................................. 849

SB 346--Bank or Trust Company; affiliates; transfer of

fiduciary capacities .................. 849, 962, 1030, 1097, 1157, 1950, 2249

SB 347--Banks; special interest or credit card bank;

conditions for approval

849, 962, 1030, 1097, 1157, 1710, 2248

SB 348--Firearms; authority to carry; Attorney

General staff persons; Superior Court clerks .......................... 849

SB 349--District Attorneys; retirees; private

practice; repeal prohibition.......................................... 849

SB 350--Sodomy, Offense of; exclude sexual behavior

among consenting adults ............................................ 849

SB 351--Fulton County; Airport or Landing Fields;

commercial expansion; referendum approval

849, 1294, 1310,

1312, 1335, 2074, 2078, 2111, 2113, 2245, 2248

SB 352--Teachers, Public School Employees; retirees;

continuation of coverage ............. 850, 964, 1030, 1097, 1158, 2246, 2249

SB 353--Rabun County; Board of Commissioners; roads

supervisor; appointment; compensation ...

850, 966, 970, 1488, 2248

SB 354--Austell, City of; Ad Valorem; municipal

taxes; homestead exemption...................... 850, 966, 971, 1488, 2249

SB 355--Financial Institutions; documents; reports; directors' liability;

automated teller machines; insured deposits;

holding companies ...... 850, 962, 1030, 1096, 1121, 1333, 1443, 1450, 2249

SB 356--Court Reporters; certification; permit holders; fitness to

practice; disciplinary actions; taking of depositions .................... 881

SB 357--License Plates; special; issuance; retired

military reservists

... 881, 963, 1030, 1097, 1160

SB 358--Juvenile Courts; supervision fees; use for

mediation services .................. 882, 965, 1030, 1097, 1161, 2246, 2249

SB 359--Public Funds; depository bank; pledge of

security interests .................... 882, 962, 1030, 1097, 1161, 2246, 2249

SB 360--Firearms Protection for Minors Act; unsafe storage of

loaded guns causing death or injury; penalties;

statewide referendum............................................... 882

SB 361--Senatorial Districts No. 21, 32, 42, 53 and

54; change composition ............................................. 882

INDEX

2267

SB 362--Franklin County; Board of Commissioners;

chairman; annual salary .................................. 882, 1026, 1034

SB 363--Franklin County; Probate Court; judge; annual

salary ................................................... 882, 1026, 1034

SB 364--Franklin County; Superior Court; clerk;

annual salary ............................................ 883, 1026, 1034

SB 365--Franklin County; Tax Commissioner; annual

salary ................................................... 883, 1026, 1035

SB 366--Juvenile Intake, Probation Services; Richmond

County; transfer state-wide system

883, 1026, 1035

SB 367--License Plates; special; retired veterans of

U.S. armed forces .............................. 883, 963, 1030, 1097, 1162

SB 368--State Defense Force; functions; emergency

management operations ......................... 883, 963, 1031, 1097, 1163

SB 369--Postsecondary Courses Taken by Secondary Pupils;

funding provisions .................. 883, 964, 1031, 1097, 1164, 2246, 2249

SB 370--County Commissioners, Chairpersons;

nonpartisan primaries, elections ................................. 883, 895

SB 371--Jekyll Island Musical Theatre Festival; official

state musical theatre ................ 884, 963, 1031, 1097, 1164, 1709, 2249

SB 372--Rehabilitation Programs, Training Centers;

contract work; state use plan ................... 884, 964, 1031, 1097, 1165,

2047, 2086, 2249

SB 373--Richmond County; Board of Tax Assessors; members

appointed from each Senate district ............ 958, 1088, 1093, 2246, 2248

SB 374--Hancock County; Board of Education; reconstitute;

appoint school superintendent.................. 958, 1088, 1093, 1638, 2249

SB 375--Hancock County; Board of Commissioners; reconstitute;

election districts .............................. 958, 1088, 1093, 1638, 2249

SB 376--Family Court Division Within Each Superior

Court; creation. .................................................... 958

SB 377--Lake Lanier Islands Development Authority;

Membership; State Employees' Retirement System ................... 1019

SB 378--Employees' Retirement System; Creditable Service;

secretary of superior court judge or district attorney ................. 1019

SB 379--Columbia County; Board of Elections;

creation; powers; duties; jurisdiction; members .................. 1020, 1182,

1183, 1195, 1763, 1949

SB 380--Counties; governing authorities; members;

minimum annual salaries .......................................... 1020

SB 381--Biomedical Waste Disposal Facilities;

restrict construction permits ....................................... 1020

SB 382--Mclntosh County State Court; creation;

powers; jurisdiction; terms .................... 1020, 1182, 1183, 1488, 2249

SB 383--Sugar Hill, City of; change corporate

limits ....................................... 1084, 1294, 1310, 1950, 2248

SB 384--Hall County; Ad Valorem Taxes; school

purposes; homestead exemption; referendum ............... 1084, 1294, 1310

SB 385--Gay, Town of; ordinances, rule, regulations;

violations; penalties ..................... 1180, 1374, 1378, 1451, 2246, 2248

SB 386--Macon Water Authority Employee's Pension

Plan; continuation ................................................ 1180

SB 387--Powder Springs; city tax commissioner; ex

officio sheriff; tax executions ....................... 1180, 1374, 1378, 1452

SB 388--Cobb County Stadium Authority; members;

appointment; terms ..................... 1223, 1374, 1379, 1452, 1951, 2248

2268

JOURNAL OF THE SENATE

SB 389--Cobb-Marietta Coliseum and Exhibit Hall

Authority; members; terms ......

1223, 1374, 1379, 1452, 1951, 2248

SB 390--Chatham County; Certain County Officials; increase

minimum salaries ....................... 1223, 1374, 1379, 1386, 1951, 2248

SB 391--Cobb County; Civil Service System; members; terms

to expire in odd-numbered years .............. 1290, 1579, 1583, 2246, 2248

SB 392--Cobb County; Board of Elections and Registration;

members; residency requirements .............. 1290, 1579, 1583, 2247, 2249

INDEX

2269

SENATE RESOLUTIONS

SR

1--Senate; Adopt Rules for 1993 Session; amend

Standing Committees................................................ 19

SR

2--Senate Convened; notify House of

Representatives, January 11, 1993 .......................... 20, 43

SR

3--Senate; Officials, Employees, Committees for

1993 Session........................................................ 20

SR

4--Notify Governor; General Assembly

convened ................................................. 20, 43

SR

5--Amend Constitution; public officers; limitation

of terms of office.......................... 50, 343, 381, 408, 456, 468, 473

SR

6--Amend Constitution; requirements to increase

taxes, fees, assessments ............................. 50, 175, 194, 222, 271

SR

7--Task Force on Educational Outcomes Based

Flexibility ..................... 50, 103, 118, 138, 157, 163, 2164, 2165, 2249

SR

8--Capital Outlay for Education Task Force................. 50, 341, 382, 408,

456, 489, 494, 2181, 2234, 2249

SR

9--State Employees; Work Force; downsizing goals;

phased-in attrition plan ............................ 51, 482, 541, 711, 738

SR 10--Eagle Scouts; recognize Herman Hopgood and

Brian Culp ........................................................ 118

SR 11--Georgia's Green Industry; urge Olympic

Organizations to use. ..................613, 963, 1031, 1097, 1166, 1954

SR 12--Grizzard, Lewis M., Jr.; commend .................................. 1594

SR 13--Mitchell-Baker High School Football Team; commend .................. 53

SR 14--Wilbur, Joseph E., M.D.; recognizing.............................. 452

SR 15--Griffin, Mrs. Rebecca Parker; recognizing......................... 857, 895

SR 16--Hyles, Mark Stephen; commend ..................................... 406

SR 17--Amend Constitution; General Assembly members;

limit terms of office ................................................. 67

SR 18--University Systems Labs, Equipment, and

Technology Study Committee .................. 287, 1577, 1579, 1724, 1925

SR 19--Check Dams for Satilla, Altamaha, Ocmulgee,

Oconee, Flint, and Alapaha Rivers .............. 214, 1227, 1294, 1590, 1614

SR 20--Midtown; Neighborhood Day at State Capitol; proclaim ............... 613

SR 21--Civil War Commission; creation .................... 574, 752, 780, 904, 977,

981, 1651, 1673, 1676, 1881, 1885, 2017, 2041, 2245, 2249

SR 22--Parent-Teacher Association (PTA), of Georgia; commend .......... 178, 220

SR 23--General Assembly; Members; spouses of; commend ..................... 53

SR 24--Motorcycle Awareness and Youth Month; recognizing. ................ 118

SR 25--Hendley, Francis Marion, II; in memory of ....................... 621, 958

SR 26--Shakespeare, Leah Kate; regrets at passing ........................... 452

SR 27--Amend Constitution; appropriations bills;

authority of Governor to reduce in whole or in part ................... 287

SR 28--Faz, George J., Federal Drug Enforcement

Agent; commend ............................................... 621, 783

SR 29--Kelly, Jim; honoring ............................................... 119

SR 30--Richards, Roy; commend ....................................... 406, 710

SR 31--Helms, John; honoring. .............................................. 53

SR 32--Mathis, Thomas Nelson, Sr.; commend............................... 406

SR 33--Wilder, Sharon Farris; commend ................................... 2247

SR 34--Collins, David Brian, Eagle Scout Award; commend ................... 178

SR 35--Lowe, Kenneth Jevel; honoring ...................................... 292

2270

JOURNAL OF THE SENATE

SR 36--Hollowell, Donald Lee, EEOC Regional Director; commend. ......................................................... 119
SR 37--Joint Committee on State and Local Bonded Indebtedness ............................ 67, 175, 195, 222, 272
SR 38--Atlanta, City of; Board of Education; urge employ security guards in high schools ................................ 67
SR 39--Year-round School Scheduled Throughout 12 Months; committee to study ............................ 51, 1577, 1581, 1723, 1800
SR 40--Collins, Mrs. Wilma, Baxley-Appling County Citizen of Year; commend .......................................... 621
SR 41--Engineers Day in Georgia; declaring ................................. 220 SR 42--Brown, Lee Hale, Educator; commend ............................... 406 SR 43--Macon-Bibb County Cherry Blossom Festival
organizers; commend ........................................... 621, 655 SR 44--Tax Revenue; re-create Joint Study Commission on
Revenue Structure .............. 67, 78, 102, 121, 124, 138, 2121, 2160, 2249 SR 45--Heritage High School Wrestling Team; commend .................... 1034 SR 46--LaCavera, Ms. Tommie Phillips, President
General of UDC; commend .......................................... 80 SR 47--Mehaffey, Bill of Jackson County; regrets at passing .................. 621 SR 48--Bellamy, Walt, former Atlanta Hawks center;
commend.................................................... 1307, 2012 SR 49--Mathis, James E., Sr. of Gainesville; honoring .................... 136, 453 SR 50--Clary, William C., Jr.; recognizing ............................... 155, 319 SR 51--Mullinax, Mildred; commend ........................................ 319 SR 52--Georgia School for the Deaf and Its Football
Team; commend ............................................... 487, 558 SR 53--Gruhn, Bobby of Gainesville; commend .............................. 621 SR 54--Fleming, Estelle Lewdrop; commend ................................. 542 SR 55--Electrology, Practice of; hair removal;
committee to study licensure .................... 68, 1293, 1304, 1723, 1821 SR 56--Pinckneyville Middle School; commend ........................... 53, 716 SR 57--Mitchell-Baker High School Cheerleaders; commend.................... 53 SR 58--R. D. Head Elementary School; commend ............................. 53 SR 59--Urge Action to Curb Unfunded Federal Mandates
Imposed Upon States................................................ 51 SR 60--Teacher Education Programs; urge ethics,
professionalism training. ............................ 51, 290, 317, 346, 358 SR 61--Columbia County; Dixie Boys All-Star Baseball
Team; commend ................................................ 53, 104 SR 62--Trammell, Linward; in memory of .................................... 69 SR 63--Amend Constitution; appropriations;
supplementary Acts not authorized ................................... 68 SR 64--Americus, Lake City, Savannah; Labor
Department offices; disposition ............. 68, 78, 102, 121, 126, 572, 2249 SR 65--Amend Constitution; bills for raising revenue;
approval requirements ............................................... 68 SR 66--Privatization of Certain Governmental
Services, Joint Study Committee ..................................... 68 SR 67--Banking Industry; regulatory compliance costs;
urge reduction of .............................. 68, 106, 116, 135, 157, 168 SR 68--Designate; Judge W. A. Foster, Jr. Bridge;
Paulding County .................... 102, 136, 176, 195, 222, 273, 572, 2249 SR 69--Designate; Syble W. Brannan Parkway in
Cedartown ......................... 102, 137, 176, 195, 222, 274, 612, 2249 SR 70--Stancil, Jennifer, National 4-H Champion; commend .................. 105 SR 71--Whatley, Andrea, National 4-H Champion; commend .................. 105

INDEX

2271

SR 72--Benefield, Carrie, National 4-H Champion; commend .................. 105 SR 73--Wright, Dustin, National 4-H Champion; commend ................... 105 SR 74--Observance of 4-H Day at State Capitol ......................... 105, 155 SR 75--Rucks, Brandie, National 4-H Champion; commend ................... 105 SR 76--Mathis, Alec, National 4-H Champion; commend...................... 105 SR 77--Lucas, Patrick, National 4-H Champion; commend .................... 105 SR 78--Barry, Maleia, National 4-H Champion; commend..................... 105 SR 79--Miller, Kara, National 4-H Scholarship; commend..................... 105 SR 80--Parris, Jason, National 4-H Scholarship; commend .................... 105 SR 81--Rhodes, Edgar, National 4-H Alumni Award; commend ................ 105 SR 82--Reynolds, Luther, National 4-H Champion; commend ................. 105 SR 83--Shahan, Amy, National 4-H Champion; commend ..................... 105 SR 84--Joyce, Lonnie, National 4-H Champion; commend..................... 105 SR 85--Edwards, Timothy, National 4-H Champion; commend ................ 105 SR 86--Spikes, Derron, National 4-H Champion; commend.................... 106 SR 87--Douce, Tonya, National 4-H Champion; commend .................... 106 SR 88--Jones, Tamara Nicole, 1992 Miss Teen of
Georgia; honoring .................................................. 106 SR 89--Little Bethel Baptist Church Centennial
Celebration; recognizing ............................................ 106 SR 90--Amend Constitution; General Assembly and Lt.
Governor; term limits .............................................. 115 SR 91--Amend Constitution; mandatory education funds;
exclude lottery proceeds ............................................ 115 SR 92--Amend Constitution; ad valorem property
assessment; limit increases .......................................... 115 SR 93--Automobile Repair Shops; commission to study
certification, licensing ............................. 116, 536, 580, 759, 766 SR 94--Amend Constitution; bills raising revenue;
approval requirements .............................................. 116 SR 95--General Assembly; Members; spouses of; commend .................... 119 SR 96--African American Business Enterprise Day; recognizing ................ 116 SR 97--Georgia Recreation and Parks Association; commend .............. 119, 453 SR 98--Bridges, James A., President, Valdosta
Technical Institute; commend ................................... 119, 487 SR 99--Amend Constitution; restrict powers of Pardons
and Parole Board .................................................. 116 SR 100--Hardy, Heather Lynn, State 4-H President; commend ................. 119 SR 101--Bowdon High School Football Team; commend ....................... 119 SR 102--Georgia Citizens for the Arts; commend .............................. 119 SR 103--Chesnut, Gregory Thomas, Eagle Scout Award; commend .............. 119 SR 104--Chesnut, Jeffrey Hamilton, Eagle Scout Award; commend ............. 119 SR 105--Jones, Patricia C., DeKalb County NAACP; commend ................. 119 SR 106--Grossman, Charlie; commend........................................ 136 SR 107--Amend Constitution; holding of raffles by
nonprofit organizations ............................ 133, 290, 318, 346, 349 SR 108--Senate; Standing Committees; limit term of
chairman; amend Rules ............................................. 134 SR 109--Hearing Impaired Services; study creating
entity to monitor .............. 134, 965, 1031, 1097, 1167, 2121, 2215, 2249 SR 110--Georgia State Defense Force, Volunteer
Emergency Services; commend ...................................... 136 SR 111--Acree, Jack K., PAGE Executive; commend ..................... 136, 1195 SR 112--GaTech Women's Basketball Team, NIT
Tournament winners; commend ..................................... 136 SR 113--Mathis, Mrs. Frances Miller; honoring ........................... 136, 453 SR 114--Davison, Dr. Fred; commend ........................................ 155

2272

JOURNAL OF THE SENATE

SR 115--Property Conveyance; Richmond County; telecommunications easement ........... 151, 175, 195, 222, 275, 1371, 2249
SR 116--R. D. Head Elementary School; commend ............................ 136 SR 117--Music Industry Committee and Citizen's
Advisory Council.............................. 151, 1181, 1229, 1314, 1348 SR 118--Property Conveyance; Calhoun, Clinch, Fulton,
Hall Counties; easements ............... 152, 175, 195, 222, 276, 1371, 2249 SR 119--State Properties Commission; terminate Consolidated
Lease with CAPCO lenders and Fairco Properties, Inc.................................... 152, 175, 195, 222, 279, 1371, 2248 SR 120--Property Conveyance; deed to Goodwill Industries of Coastal Empire ........................................ 152 SR 121--Tybee Island; easement for beach renourishment program; conditions ..................... 152, 175, 195, 222,
280, 811, 1050, 2249 SR 122--Property Conveyance; Burke County; electrical
power lines easement................... 152, 175, 195, 222, 280, 1371, 2249 SR 123--Lieutenant Governor; Pierre Howard; birthday
congratulations .................................................... 155 SR 124--Maddox, Reeve; created official National PTA
1993-1994 slogan ............................................... 178, 220 SR 125--Mitchell, Walter, retired Chatham County
Sheriff; commend .............................................. 155, 189 SR 126--Georgia Institute of Technology; National Collegiate
Women's Final Four Basketball Championship, 1993 Hosts; recognizing ........................................................ 155 SR 127--Property Conveyance; Chatham County; easements road widening project; structures on river bottoms ........................ 173, 341, 382, 408, 456, 489, 490, 847, 2249 SR 128--Sign Language; urge Board of Regents grant foreign language credit ....................... 173, 816, 856, 977, 998, 1710 SR 129--Thomas County Central High School Football Team; commend ............................................... 155, 406 SR 130--Haynes Bridge Middle School; commend ............................. 178 SR 131--Older Worker Task Force; retraining, reemployment needs; study of...... 173, 217, 291, 323, 335, 1651, 2076, 2249 SR 132--Anderson, Kankakee Buck; sympathy at passing ...................... 178 SR 133--Altamaha Technical Institute, Wayne County Literacy Coalition; commend ........................................ 196 SR 134--Amend Constitution; continuation of lottery; resubmission to voters .............................................. 191 SR 135--Mclntyre, Mrs. Lillie, 100th Birthday; honoring ....................... 178 SR 136--Lead-based Paint and Dust Poisoning; hazards to children; study of................................................ 191 SR 137--Senior Georgians Week at the State Capitol; recognizing ........................................................ 196 SR 138--Lord, Teresa, 1992 GOAL Award; commend ...................... 196, 542 SR 139--Valdosta High School Football Team and Coach Nick Hyder; commend ........................................ 196, 220 SR 140--Amend Constitution; public officers; limitation of terms of office ......................................... 214 SR 141--Amend Constitution; divorce actions; when court render judgment.............................................. 214 SR 142--Property Conveyance; Carroll County; easement to Georgia Power Company........................... 287, 341, 382, 408, 456,
544, 958, 2249

INDEX

2273

SR 143--Jazz; designate as official state music during month of February .......................................... 287
SR 144--AARP, American Association of Retired Persons; recognize.................................................. 292
SR 145--World Vision 30 Hour Famine Program; commend ......................................................... 292
SR 146--State Contracts; disparity in participation by minorities; study of ............................................. 287
SR 147--Student Loan Programs; urge flexible federal rules for lenders .................................. 287, 451, 486, 544, 569
SR 148--Amend Constitution; state expenditure limitations; reserve fund ............................................ 288
SR 149--Arkansaw, Tim, Georgia Ceramic Sculpture Artist; commend ............................................... 292, 297
SR 150--Royal, Nancy, 1993 Georgia Teacher of Year; commend...................................................... 292, 621
SR 151--Amend Constitution; provide for public initiative petition process ........................................... 313
SR 152--Elder Abuse Task Force ........................... 314, 577, 620, 649, 655 SR 153--Rhodes Memorial Hall; rental to Georgia Trust
Historic Preservation .... 314, 450, 486, 544, 545, 1332, 2249 SR 154--McWhorter, Hamilton, Jr.; Commend Upon
Retirement as Secretary of the Senate ............................... 319 SR 155--UGA 1992 Football Team and Coach Ray Goff;
commend. ..................................................... 345, 984 SR 156--Ellis G. Arnall Tribute Commission ..................... 339, 855, 891, 978,
1002, 1575, 1635, 2249 SR 157--Youth Art Month; honoring ..................................... 345, 716 SR 158--Designate; General Lucius D. Clay Memorial
Parkway; South Cobb Drive........... 339, 816, 856, 1037, 1616, 1640, 2249 SR 159--Downs, R. Bruce, Jr., H.A.P.Y. Program; commend.................... 345 SR 160--General Assembly; Adjournment; February 12 to
February 15 ................................................... 364, 395 SR 161--Land, Jack; commend .......................... 383 SR 162--Heath, Reverend Charles A.; recognizing ............................. 383 SR 163--Cartersville, City of; Recognition; The 100
Best Small Towns in America ................................... 383, 406 SR 164--Harness Racing Week, Hawkinsville Harness
Festival; declare .................................................. .383 SR 165--Naming, Renaming Landmarks; Commemorative
Resolutions; Senate Rules.......................... 400, 484, 541, 588, 589 SR 166--Senate; Amend Rules; entrance upon Chamber
floor; designated staff ............................. 400, 484, 541, 588, 590 SR 167--North Georgia Technical Institute, 50th
Anniversary; recognize .......................................... 406, 542 SR 168--Morris Brown College Day at State Capitol;
declaring ..................................................... 406, 1308 SR 169--Lewis, Hazel; commend ............................................. 407 SR 170--Dooly County Youth Leadership Conference; recognizing. .............. 407 SR 171--Jones, Bobby, Mercer University professor;
regrets at passing .................................................. 453 SR 172--Barrett, John W.; commend .................................. ....... 453 SR 173--Air Pollution; global warming; urging state
energy conservation ........................... 448, 576, 620, 711, 741, 742 SR 174--Atlanta Paralympics Organizing Committee;
recognizing .................................................... 453, 708 SR 175--Hallin, Major General William P.; commend ...................... 453, 458

2274

JOURNAL OF THE SENATE

SR 176--Minnie G. Boswell Memorial Hospital, Greene County; commend.................................................. 453
SR 177--Firefighters' Recognition Day; commend.............................. 453
SR 178--Clarke Central High School 1992 Football Team; commend ................................................... 487
SR 179--Williams, Marguerite Neel; commend ............................ 487, 895
SR 180--Property Conveyance; Cordele Farmers Market, electrical transmission line easement; City of Manchester, title to certain land tract............. 533, 752, 780, 1096, 1098, 1650, 2024, 2249
SR 181--Cherokee County PTA; commend............................... ..... 487
SR 182--Gwinnett County PTA; commend ......................... 487
SR 183--QBE; program formula components, weights; urge task force to review ........................................... 533
SR 184--Carroll County; Meningitis Immunization Effort; commend ................................................... 542
SR 185--Pharr Elementary Chorus from Snellville; commend ................... 542
SR 186--North Fulton Council of PTAs; commend ............................ 542 SR 187--Amend Constitution; regulation of nude or
other sexual conduct ............................................... 613
SR 188--Clarkston High School Football Team and Coach Roy Sparks; commend .............................................. 542
SR 189--Academic Olympic Challenge; urge in public schools .................................................... 574, 854, 891
SR 190--Arbor Day Observance, 102nd Anniversary; recognizing ................ 587
SR 191--Cobb County; endorse bid; Olympic Women's Fast-pitch Softball Event .................................... 587
SR 192--Courts; level of funding by counties; method to settle disputes................................................... 614
SR 193--First Presbyterian Church of Cartersville; commend ................... 621 SR 194--Chesnut, J. David; commend ........................................ 622
SR 195--Congress; urge preserve ban on homosexuals serving in armed forces ..................................... 614, 751, 780
SR 196--McWhorter, Hamilton, Jr.; placement of portrait in State Capitol ............................................ 622
SR 197--Neighborhood Cobb Community Organization; commend............... 646
SR 198--Tattooing; health risk of equipment; committee to study regulation .................. 642, 1227, 1294, 1723, 1809
SR 199--Retirement, Residential Communities; local assistance in promoting ......................... 701, 963, 1031, 1097, 1168
SR 200--Property Conveyance; Forestry Commission; agreement with Glynn County; convey deed to Bulloch County Board of Education ........................ 701, 778, 817, 904, 919, 1637, 1663, 2249
SR 201--Slosheye Trail Big Pig Jig Barbecue Cooking Contest; recognize .................................................. 708
SR 202--Senators Serving 1963 General Assembly Session; honoring .................................................. 697
SR 203--Amend Constitution; local tax sharing for regional industrial parks ........................ 702, 963, 1031, 1097, 1169
SR 204--Foster Parents Association of Georgia; commend ...................... 708
SR 205--McEachern High School Wrestling Team; recognizing ................. 708
SR 206--Amend Constitution; ad valorem; separate class for enterprise zones ........................ 749, 889, 968, 1039, 1062

INDEX

2275

SR 207--Property Conveyance; Cobb County; County Farm Road easement .................................................... 749
SR 208--Property Conveyance; Cobb County; County Farm Road easement ........................ 749, 854, 891, 977, 997, 1955, 2249
SR 209--Barrett, Jacquelyn, Sheriff of Fulton County; commend. ......................................................... 756
SR 210--John Marshall Law School; 60th Anniversary; congratulating ..................................................... 756
SR 211--Transportation Efficiency Commuter Program; telecommuting; flex time.................... 749, 854, 891, 1039, 1059, 2247
SR 212--Lovell, W.L. (Buddy), Unicoi State Park Ranger; honoring................................................... 757
SR 213--Johnson, Leroy R.; placement of portrait in State Capitol ......................................................749
SR 214--HIV Infected Persons; immigration policy restricting entry; endorse ........................................... 750
SR 215--School Evaluations; paperwork compliance duties; committee to review .................... 750, 1227, 1294, 1724, 1927
SR 216--Roadway Lighting Projects; urge technologies to minimize glare ............................. 750, 1577, 1579, 1724, 1928
SR 217--Study Committee on School Evaluation ......... 750, 1227, 1294, 1382, 1544 SR 218--Tri-County High School of Buena Vista;
commend Home Economics Program................................. 757 SR 219--Brinson, Norma Jean; commend ..................................... 757 SR 220--Pierce County; Farmer of Year, Jackie Sinclair
and Citizen of Year, Dr. Don Walters; commend ...................... 757 SR 221--Outstanding Scholars on Academic Recognition
Day; commend..................................................... 783
SR 222--Academics and Technical Training; study coordination of programs ........................... 774, 1374, 1723, 1808
SR 223--Macon County High School Lady Bulldogs; commend. .................................................... 783, 1198
SR 224--Cobb Police Department; community partnership program; recognize ................................................. 783
SR 225--General Assembly; Adjournment; February 26 to March 1. .................................................. 793, 804, 808
SR 226--Fulton County; Carter Center, Inc.; lease of DOT property for park ...................... 812, 854, 891, 977, 994, 1575, 2249
SR 227--Tucker, Nezzie Bell Lastinger, 100th Birthday; commend ................................................ 820
SR 228--Designate; General Ron Griffith Highway on S.R. 136 at LaFayette ............................... 812, 965, 1032, 1095
SR 229--LEGACY Environmental Education Project; commend ................ 820 SR 230--Designate; Walter L. Hardin Bridge; Walnut
Creek on Route 49, Macon................. 812, 965, 1032, 1095, 1710, 2249 SR 231--Designate; Bobby Jones Crosswalk; Route 49,
Shurling Drive, Macon .................... 813, 965, 1032, 1095, 1710, 2249 SR 232--Designate; Chattahoochee Valley Trail Scenic Highway in
southwest Georgia; R. G. Daniell, Sr., Memorial Highway in Candler County .................. 813, 965, 1032, 1095, 1575, 1671, 2249 SR 233--Property Conveyance; Cobb County; Bibb County; exchange of property ............. 813, 854, 891, 978, 1001, 1616, 1622, 2249 SR 234--Designate; Freeman V. Horner Medal of Honor Highway on S.R 219 ................ 850, 965, 1032, 1095, 1638, 1704, 2249 SR 235--Cobb Education Consortium; commend .............................. 820
SR 236--Campbell High School, Economics Stock Market Winning Team; commend ........................................... 857

2276

JOURNAL OF THE SENATE

SR 237--International Trade Agreements Effecting Peanut Growers; relative to .................... 850, 1372, 1375, 1723, 1802
SR 238--Regional Development Centers; changing of territorial boundaries; ratify transferral of certain counties ............................ 850, 966, 1032, 1097, 1170, 1710, 2249
SR 239--Murray County High School Wrestling Team; recognizing ........................................................ 857
SR 240--Brooks, Marcus Ramon, Eagle Scout Award; commend ................ 857 SR 241--Klopp, William R.; recognizing ................................. 970, 2009 SR 242--Savannah St. Patrick's Day Parade Committee;
commend...................................................... 857, 904 SR 243--Howard, Mrs. Caroline Ridley; commend ......................... .... 863 SR 244--Ford Motor Company Plant in Hapeville;
commend ......................................................... 857 SR 245--Neighborhood Cobb Approach to Community
Problems; commend ................................................ 894 SR 246--Tifton, City of and Tift County; commend ....................... 894, 904 SR 247--Medical Examiners, Composite State Board; commend ................ 894 SR 248--Designate; Clark Harrison State Office
Building in Decatur ........................... 884, 1025, 1089, 1724, 1932 SR 249--Smith, Reverend Dreyfus C.; recognize .............................. .894 SR 250--Houston County Efficiency in Governmental
Services Commission .......................... 884, 1026, 1035, 1488, 2249 SR 251--Designate; Lt. Harold Durham Medal of Honor
Highway; Tift County ............................. 959 SR 252--Storm-Water Pollution Study
Committee ................................... 959, 1374, 1375, 1590, 1689 SR 253--Bryan, Mrs. Lois Stringer; honoring ............... 970 SR 254--Newton, Robert L.; recognizing .................................... . . 970 SR 255--Norris, Mr. and Mrs. Zellner David, Wedding
Anniversary; congratulate ........................................... 970 SR 256--Musgrove, Downing, State Transportation
Board; appreciation to ......................................... 970, 1084 SR 257--Reeves, Anita; recognizing .......................................... 970 SR 258--Teachers as Leaders Program; commend ............................ 1034 SR 259--Wildlife Protection Study Committee ............................... 1020 SR 260--Martin, Keith, Eagle Scout Award; commend ........................ 1034 SR 261--Stokes, Reverend Charles L.; commend ............................. 1034 SR 262--Callaway, Fuller E., Jr.; sympathy at passing ........................ 1034 SR 263--Morrow, City of; 50th Anniversary events; recognizing ................ 1034 SR 264--Reeves, Reverend Richard Roosevelt, Jr.; commend .................. 1034 SR 265--Onassis, Pierre; commend .......................................... 1093 SR 266--Freeman, Major Myron Eugene, Georgia State
Patrol; commend.......................... 1093 SR 267--Postsecondary Technical and Adult Education
Finance Study Committee .................... 1084, 1293, 1304, 1723, 1780 SR 268--Turfgrass Month in Georgia; designating
April, 1993................................... 1085, 1372, 1375, 1723, 1828 SR 269--Michels, Stephanie, Miss Georgia; recognizing. ....................... 1093 SR 270--Smith, Greg and Sharon; congratulating ............................. 1093 SR 271--Darden, Congressman George (Buddy); recognizing ................... 1093 SR 272--Hawkins, La-Van, Checkers Restaurants;
recognizing .................................................. 1183, 1237 SR 273--Lovett School Wrestling Team; commend ........................... 1183 SR 274--North Fulton Education 2000; commend ............................ 1183 SR 275--King, Linda O., Museum Professional of Year;
commend......................................................... 1183

INDEX

2277

SR 276--General Assembly; Adjournment; March 10 to March 15 ................................................... 1179, 1289
SR 277--Public Health Nurse Day in Georgia; commend; designate ......................................................... 1183
SR 278--Atlanta; widening of Cleveland Avenue, Jonesboro Road; urge abandon ................ 1180, 1293, 1304, 1382, 1543
SR 279--Skinner, Charles L.; commend...................................... 1231 SR 280--Georgia Institute of Technology; Golf Coach
Puggy Blackmon; commend ........................................ 1231
SR 281--Georgia Institute of Technology; Baseball Coach Jim Morris; commend ....................................... 1231
SR 282--Georgia Institute of Technology; Women's Basketball Coach Agnus Berenato; commend ........................ 1231
SR 283--Georgia Institute of Technology; Track Coach Buddy Fowlkes; commend ......................................... 1231
SR 284--John Marshall Law School; Chartered 1933 as Law School of the South; recognize ................................. 1231
SR 285--Camp, Herbert Preston, Sr.; commend .............................. 1231 SR 286--Dalton High School Boys Swimming and Diving
Team; commend ............................................. 1231, 1234 SR 287--Nance, Erin Nicole, Miss Georgia USA;
congratulating .................................................... 1308 SR 288--Daneke, Fred M., Colonial Pipeline; sympathy
at passing ........................................................ 1308
SR 289--Defense Conversion Strategies Study Committee .................................. 1290, 1374, 1375, 1723, 1798
SR 290--General Assembly; Session Meetings; urge alternative 4-day week schedule .................................... 1290
SR 291--Ellis, Detective Frederick A. of Waycross; commend. ........................................................ 1308
SR 292--Product Liability Cases; Sunshine in Litigation Study Committee................... 1290, 1577, 1579, 1723, 1767
SR 293--Wada, Mitsushi of Rome; commend ................................ 1308
SR 294--Midtown; One of Atlanta's Oldest Neighborhoods; commend .......................................... 1308
SR 295--Child Nutrition Employee Appreciation Day; designate.................................... 1290, 1577, 1579, 1724, 1931
SR 296--Atlanta Athletic Club, Hosts of 1993 AT&T Challenge; commend .............................................. 1308
SR 297--Shafer, David J.; commend ........................................ 1308 SR 298--Poitevint, Alec, Georgia Republican Party; commend ................. 1308
SR 299--YWCA Family Center of Brunswick, 75th Anniversary; recognize ............................................. 1308
SR 300--Bennett, Valene of Alma; commend................................. 1308 SR 301--Saint Paul AME Church of Brunswick;
congratulating .................................................... 1377
SR 302--Brunswick College Minority Outreach Committee and Coastal Georgia Minority Outreach Project; commend ............ 1377
SR 303--Georgia Citizens for the Arts; Golden Isles Arts; Humanities Association; commend ............................. 1378
SR 304--Bobby Joe Whitworth Probation Center; urge rename Hart County Center ....................................... 1369
SR 305--Mallard, Reverend Cyrus S., Jr.; commend .......................... 1378 SR 306--Harrington, Jay, Eagle Scout Award; commend ...................... 1378 SR 307--Coffee High School Wrestling Team; commend ...................... 1378 SR 308--Kines, Reverend Grady; recognizing................................. 1378

2278

JOURNAL OF THE SENATE

SR 309--Grady, Stacy, State AAAA State Wrestling Champion; commend .............................................. 1378
SR 310--Gammage, Lynn; recognizing ....................................... 1378 SR 311--GaTech ACC Basketball Tournament Title; NCAA
Tournament Bid; commend ........................................ 1378 SR 312--Ronald E. McNair Senior High School Band;
recognizing ....................................................... 1582 SR 313--Children At Risk; protective services;
committee to study funding ........................ 1576, 1713, 1723, 1824 SR 314--Whiddon, Sheriff Preston Lamar; tribute to
memory of ....................................................... 1582
SR 315--West, George W., Moose Lodge No. 1875 Outstanding Service; commend ..................................... 1582
SR 316--Peach County High School Football Team; commend................. 1582 SR 317--Macon County High School Wrestling Team; recognizing ............. 1582 SR 318--Macon County High School Football Team; commend ................ 1582 SR 319--Board of Public Safety; urge review career
concerns of personnel.............................................. 1576 SR 320--Blanchard, John Pierce, Sr.; in memory of........................... 1583 SR 321--Humphreys, John D. (Dave); commend ............................. 1583 SR 322--Henderson, Coach Billy, Clarke Central High
School; commend ................................................. 1715 SR 323--Citizens Christian Academy Basketball Team; commend .............. 1715 SR 324--Douglas City Fire Department; recognize ............................ 1715 SR 325--Ray, Shannon and Doug Shaver, Terry
Biggerstaff; commend bravery ...................................... 1715 SR 326--Griffin High School Basketball Team; commend ..................... 1715 SR 327--General Assembly; Adjournment; March 17 to
March 22 .............................................. 1620, 1639, 1708 SR 328--Lynn Family, Pioneer Family of Tattnall
County; honoring ................................................. 1716 SR 329--Burton, Dr. Glenn W.; commend ................................... 1716
SR 330--Emus Birds; commercial production and farming; urge feasibility study ...................................... 1713
SR 331--Thomas, Honorable Lindsay; commend. ............................. 1716
SR 332--Employer Child Care Issues; committee to study options, problems ........................................... 1713
SR 333--Economic Development Investment Incentives; committee to study ............................................... 1713
SR 334--Georgia College; commend ......................................... 1716 SR 335--Moore, Perry, Dr.; commend ....................................... 1716
SR 336--Migrant and Seasonal Farm Workers Access to Health Care Study Committee ..................................... 1713
SR 337--Fannin County High School Girls' Basketball Team; commend .................................................. 1716
SR 338--Wigh, Russell, M.D.; commend ..................................... 1716 SR 339--DeLoach, James M.; commend ..................................... 1716 SR 340--National Federation of Independent Business; honoring............... 1716 SR 341--Mercer, Johnny; declaring Johnny Mercer Day in April............... 1716 SR 342--Plunkett, Dr. Lamar Rich; congratulating ........................... 1716 SR 343--Camden County High School Gifted Students and
Teachers; commend ............................................... 1716 SR 344--Camden County High School Op-Ed Program; commend.............. 1716 SR 345--Morrow High School Lady Mustangs; commend...................... 1956 SR 346--Thames, Elaine, National Counselor of the Year; honoring ............ 1804 SR 347--Warsaw Ghetto Uprising, 50th Anniversary;
recognizing courage................................................ 1956

INDEX

2279

SR 348--Immunization of Children; urge DHR utilize certain federal funding ............................................ 1956
SR 349--Sister-Schools; recognize and encourage concept of ................... 1956 SR 350--Jones, Judy; commend............................................. 1956 SR 351--Fannin County 9 and 10 Year Old Girls
Basketball Team; commend ........................................ 1956 SR 352--Foster, Terri; commend............................................ 1956 SR 353--Czerwonky, Bradford R.; commend ................................. 1956 SR 354--Bobby Joe Whitworth Probation Center; urge
rename Hart County Center ....................................... 1956 SR 355--Hayes, Angelia Lanette; commend .................................. 1956 SR 356--Gerring, John; commend ........................................... 1956 SR 357--Dyar, Julia Traylor; recognizing .................................... 1956
SR 358--Cartersville Business and Professional Women's Club; commend .......................................... 1956
SR 359--Rome News-Tribune, 150th Anniversary; commend ................... 1957 SR 360--West Georgia College; Chi Phi Fraternity
Chapter; recognizing............................................... 1957 SR 361--Vulcan Materials Company; commend .............................. 2247 SR 362--Chatmon, Thomas; commend....................................... 2247 SR 363--McKinney, Honorable Cynthia Ann; commend ....................... 2247 SR 364--John Marshall Law School; Congratulating Upon
60th Anniversary.................................................. 2247 SR 365--Church of God in Christ National School,
Music Convention; recognize ....................................... 2247 SR 366--Scott, N. H.; recognizing ........................................... 2247
SR 367--Georgia Community Health Nursing Coalition; recognizing ....................................................... 2247
SR 368--Staley High School; commend ...................................... 2247 SR 369--Media Ethics and Error Review Panel to Hear
Grievances; urge .................................................. 2199 SR 370--General Assembly; Adjournment; sine die March
23, 1993 at 9:30 P.M..................................... 2215, 2240, 2249

2280

JOURNAL OF THE SENATE

PART II

HOUSE BILLS AND RESOLUTIONS

HB 2--Counties, Municipalities; consolidation upon referendum approval .............................. 170, 174, 290, 318, 346, 350, 371, 386, 393
HB 4--Seat Safety Belts; offense of failure to secure minor passengers..................... 530, 533, 753, 780, 822, 834, 872, 950
HB 7--Candler County; Board of Education; election districts; reapportion; terms ................................ 72, 74, 79, 81
HB 8--Harris County; Board of Education; election districts; reapportion; superintendent ..................... 72, 74, 103, 106
HB 9--Harris County; Board of Commissioners; election districts; reapportion; terms ....................... 72, 74, 103, 106
HB 11--Athens-Clarke County; commission districts; composition; audit report ............................. 72, 74, 79, 81, 88
HB 12--Clarke County; Board of Education; election districts; reapportion; terms; audits ...................... 73, 74, 79, 81, 88
HB 13--Dublin, City of; Board of Education; election districts; reapportion .......................... 73, 74, 79, 81
HB 14--Randolph County; Board of Education; election districts; reapportion ...................................... 73, 75, 79, 81
HB 15--Clay County; Board of Education; election districts; reapportion; chairperson................. 73, 75, 79, 82
HB 16--Clay County; Board of Commissioners; election districts; reapportion ...................................... 73, 75, 79, 82
HB 17--Randolph County; Board of Commissioners; election districts; reapportion; definitions .................... 73, 75, 79, 82
HB 19--Marion County; Board of Commissioners; chairman and members; compensation ...................... 73, 75, 79, 82
HB 20--Quitman County; Board of Education; election districts; reapportion ..................... 73, 75, 79, 82
HB 21--Insurance; Motor Vehicle; failure maintain proof of; penalties; hardship cases............... 771, 774, 855, 891, 1195, 1200, 2240
HB 22--Driver's License; revocation; persons deemed incompetent; hearings ............................... 699, 702, 1292, 1304
HB 24--DUI Offenders; mandatory license suspension; reinstatement conditions .................. 641, 642, 1026, 1089, 1234, 1280, 1284, 1313, 1315, 2240
HB 29--Jails; distribution of drugs, weapons, alcohol to inmates; penalty.......................... 310, 314, 888, 968, 1314, 1349
HB 30--County Jails; inmate records; public records inspection provisions ........................ 475, 479, 888, 968, 1314, 1350
HB 33--Terrell County; Board of Commissioners; election districts; reapportion; terms ........................ 73, 75, 79, 82
HB 34--License Plates; revalidation decals not affixed; change penalties ..................... 282, 288, 537, 579, 1233, 1247
HB 35--Terrell County; Board of Education; election districts; reapportion; chairperson ........................ 73, 75, 79, 82, 83, 88, 100
HB 38--Teachers Retirement; benefit payments; deduction for membership dues ............ 880, 884, 1025, 1089, 1313, 1325

INDEX

2281

HB 39--Boiler and Pressure Vessel Safety Act; exception; air storage tanks ...................... 373, 376, 779, 818, 1195, 1198, 1711
HB 41--State Agencies; Budgetary Responsibility Act; legislative oversight ............................................ 443, 448
HB 47--Telephones; wiretapping; consent to intercept or record; court orders................. 398, 401, 888, 968, 1233, 1264, 1712
HB 49--Public Employees; disclosure of fraud, waste, abuse without reprisal..................... 770, 774, 1025, 1089, 1196, 1217, 1710
HB 58--Gainesville, City of; Public Schools, Districts and Board of Education; provide for ........................ 74, 75, 79, 82
HB 62--School Property Tax Digest; complaints; appointment of arbitrators ..................... 700, 702, 778, 818, 904, 952
HB 63--Veterinary Medicine; scope of practice; nonsurgical embryo transfer.................. 444, 448, 887, 968, 1196, 1216
HB 66--Ad Valorem Tax; current use assessment; bonafide conservation use; farms; uniform evaluations; table of values; published reports ............ 210, 214, 1578, 1579, 1723, 1781, 1952
HB 68--Georgia Commission on Women; member expenses; agency assignment ........................................... 1082, 1085
HB 69--Motor Vehicle; premium surcharge restrictions; official vehicles of firefighters or emergency personnel .................................. 475, 479, 854, 891, 1196, 1210
HB 71--Probate Court Actions; serving minors or incapacitated adults ................................... 282, 288, 577, 618
HB 72--Judgment Liens; when property is discharged; purchaser possession .................................. 338, 340, 577, 618
HB 73--Sharecropping Agreements; future crops; landowner secured transactions ......................... 283, 288, 577, 618
HB 75--Crop Production Loans; secured transactions; priority as collateral.............................. 211, 214, 577, 619, 1723, 1887, 2121, 2199
HB 76--Advertising Merchandise or Services; notice of limited availability ................ 210, 215, 292, 853, 891, 1314, 1361, 1953
HB 77--Insurance; agents; licensure display certificates; fees; certificate of authority ..................... 398, 401, 576, 619, 1196, 1211, 1233, 1239, 1371
HB 79--Sentences Imposed Without Jury; 12 or more years imprisonment; review ........................ 373, 376, 779, 818, 904
HB 82--State Agencies; stationery used; printed telephone and FAX numbers.................................... 109, 110
HB 83--Local Government Efficiency Act; enact; consolidation plans, grants. .............................771, 774, 1228, 1294, 1913, 1914
HB 84--Municipal Corporations; inactive; failure to meet minimum standards; repeal of charter; dissolution of assets ................................. 771, 775, 1228, 1294, 1913, 1915
HB 86--Appropriations, Supplemental; reduce Medicaid funds; new debt, issuance of bonds to finance Defense Accounting Facility ......................... 188, 217, 291, 323, 334, 346, 352, 355, 374
HB 87--Taxpayers; inform of rights, obligations during audits, examinations .................... 397, 401, 576, 619, 822, 828
HB 90--Paternity Cases; evidence; parentage-determination genetic testing ............................ 530, 533, 1025, 1089, 1234, 1270
HB 93--Assistive Technology Warranty Act; rights of disabled persons; enact ................ 283, 288, 753, 781, 1382, 1484, 1711
HB 94--Handicapped Parking; violations; change penalty fines.................................. 476, 479, 753, 781, 904, 920

2282

JOURNAL OF THE SENATE

HB 95--Litter Control; public trash, garbage containers; unauthorized removal of items ........................ 283, 288
HB 100--Mental Health Services; reorganization; establish community service areas, regional planning units and governing boards.................. 1082, 1085, 1225, 1295, 1382, 1512, 1712
HB 103--Early County; Board of Education; reapportion; election districts; chairperson. .......................... 127, 127, 153, 156
HB 107--Inmates; transportation to other jurisdictions; officers authorized..................... 700, 702, 855, 892, 1234, 1288, 1372
HB 108--Troup County; Board of Education; election districts; qualifications; terms ............................ 98, 99, 103, 106
HB 109--Appeals; criminal cases; defendant right to cross appeal; procedure ............................ 109, 111, 1227, 1295
HB 112--Bears; permission for killing; protection of property ............................................. 444, 448, 705, 754
HB 113--License Plates; special; Purple Heart veterans; waiver of fees........... 398, 401, 536, 579, 1314, 1360, 1577, 1724, 1906
HB 114--Tifton, City of; City Manager; prohibit engage work outside city manager duties ......................... 98, 99, 153, 156
HB 115--Tifton, City of; Ad Valorem Taxes; homestead exemption; residents over 65 years ........................ 98, 99, 153, 156
HB 116--License Plates; special; motor vehicle distributors; fees ......................... 476, 479, 816, 856, 904, 977, 978
HB 119--Wilkes County; Board of Education; election districts; change composition; terms....................... 98, 99, 103, 107
HB 120--Wilkes County; Board of Commissioners; election districts; composition; terms .......................... 99, 104, 107
HB 121--Appropriations, Supplemental, SPY 1992-1993.. .......... 109, 111, 175, 195, 221, 222, 263, 304, 307, 331, 655, 697, 701
HB 123--Tifton, City of; Commissioner Posts; municipal elections; date............................... 108, 109, 153, 156
HB 124--Food; perishable products; false information as to safety; damages .................... 282, 289, 482, 540, 904, 951, 1222
HB 125--Elections; polling places; restrict campaign, opinion poll activity ...................... 109, 111, 378, 405, 457, 860, 873
HB 127--Taliaferro County; Board of Education; reconstitute; appoint school superintendent.......................... 108, 109, 116, 120
HB 129--Greensboro, City of; recorder's court; punishment for offenses ............................... 108, 110, 116, 120
HB 130--Child Molestation or Aggravated Child Molestation; imprisonment for not less than 5 years or for life .................................... 1082, 1085, 1228, 1295, 1722, 1763
HB 135--Grayson, City of; mayor and councilmembers; election procedures .................................... 108, 110, 116, 120
HB 137--Local Governing Authorities; audit requirements; expenditure level............... 282, 289, 450, 485, 1382, 1486
HB 138--Crime of Electronically Furnishing Obscene Materials to Minors ................... 171, 174, 889, 968, 1234, 1267, 1371
HB 139--Cellular Radio Telephones; unlawful to intercept communications ................ 282, 289, 577, 619, 822, 830, 1222
HB 140--Roller Skating Safety Act of 1993; enact .................................... 772, 775, 1227, 1295, 1590, 1639
HB 142--Georgia Housing and Finance Authority; powers; bonds; financial assistance for health care services, facilities; industry and trade ....................... 210, 215, 341, 382, 408, 456, 489, 498, 508, 1221

INDEX

2283

HB 143--Georgia Court-annexed Alternative Dispute Resolution Act................... 609, 614, 888, 969, 1039, 1074, 1234, 1287
HB 144--Retirement and Pensions, Code Title 47; correct errors .......................... 129, 134, 379, 405, 457, 1314, 1350
HB 145--OCGA; revisions, modernizations; reenact statutes; various titles; motor fuel tax requirements, DOT powers to enforce ............................ 129, 134, 483, 540, 1314, 1352, 1711
HB 146--Elections; Code Title 21; correct errors and omissions. ............................. 129, 134, 379, 405, 457, 1314, 1354
HB 149--Corporations; incorporation, charter, bylaws, mergers; code revision ................. 475, 479, 705, 755, 1234, 1278, 1711
HB 152--Commerce, City of; Board of Education and School System; reconstitute ............................ 108, 110, 316, 320
HB 155--Morgan County; Board of Education; election districts; reapportion .................................. 108, 110, 116, 120
HB 156--Morgan County; Board of Commissioners; election districts; reapportion .......................... 109, 110, 116, 120
HB 157--Effingham County; State Court; judge; change salary ................................................ 109, 110, 116, 120
HB 159--Warren County; Board of Education; reconstitute; election districts; terms .................... 109, 110, 116, 120
HB 162--Infectious Diseases; hepatitus or HIV; exposure of arresting law enforcement officers; steps to determine threat of transmission .......................................... 609, 614
HB 164--Certificate of Title Laws; vehicles, mobile homes; code revision ................................... 1082, 1085, 1373,
1375, 1723, 1890, 2160, 2173
HB 167--State Employees; sick leave; accrual; excessive or abusive use .............. 530, 533, 963, 1032, 1196, 1212, 1333, 1613
HB 168--Child-placing Agency; duties; foster parent criminal records check ......................... 171, 174, 753, 781, 860, 870
HB 170--General Assembly; profiling proposed bills, resolutions; procedures ............................ 1174, 1177, 1577, 1580
HB 171--Elections; campaign contribution disclosure reports; late fees ..................... 310, 314, 536, 579
HB 172--Stolen Vehicles; recovery reports; law enforcement agencies' duties ................. 310, 314, 537, 579, 1314, 1359
HB 173--Emergency Disaster Areas; after-disaster price increases prohibited ....................................... 475, 479
HB 174--Recreational Games; noncash prizes; authorized nonprofit operations............... 373, 376, 752, 781, 1233, 1246
HB 190--Criminal Proceedings; legal assistants; third-year law students .............................. 846, 850, 1292, 1302
HB 191--Inmates; special alternative incarceration; mandatory participation in adult education program; probation conditions ................................ 701, 702, 1291, 1302, 1381, 1453
HB 193--Consumer Crimes Against Elderly or Disabled; violations; penalties ............................... 1173, 1177, 1294, 1302
HB 195--High Falls Lake; adjoining property owners; boat dock permitting program .................. 311, 314, 483, 540, 822, 833
HB 197--Malt Beverages; production for home consumption; exempt licensing ..................... 311, 315, 341, 382, 408, 457, 823, 840
HB 205--Sheriffs; qualifications; exemption; registered peace officers.................... 772, 775, 1025, 1089, 1314, 1339
HB 206--Judicial Officers; sheriffs, superior court clerks, probate judges; minimum salaries; change population brackets............................ 881, 884, 1025, 1090, 1233, 1235, 1236,
1237, 1333, 1387, 1489, 1605, 2098, 2104, 2243

2284

JOURNAL OF THE SENATE

HB 211--Victims of Crime; notification of change in

offender custody status ............................ 1173, 1177, 1291, 1302

HB 213--Motor Vehicle Racetracks; licensing agency;

Safety Fire Commissioner.................. 772, 775, 1227, 1295, 1724, 1905

HB 214--School Buses; tires; change tread

requirements ............................... 746, 750, 855, 892, 1724, 1907

HB 216--Jefferson, City of; Board of Education;

independent school system; reconstitute ...................... 127, 135, 137

HB 217--Jefferson, City of; Mayor and Council;

election districts; qualifications; terms; date .................. 127, 135, 137

HB 218--Georgia Tax Laws; incorporate federal Energy

Policy Act of 1992 .......................... 444, 448, 576, 619, 1234, 1269

HB 222--Ad Valorem Tax; assessor boards; receipt of

returns, homestead exemption applications .............. 210, 215, 341, 382,

408, 457, 1314, 1360

HB 223--Coroners and Deputy Coroners; certification;

annual training ................... 572, 574, 855, 892, 977, 990, 1039, 1041,

1180, 1242, 1830, 1957, 2106, 2243

HB 224--Water Well Contractors; license renewal;

continuing education ..................... 397, 401, 483, 540, 904, 977, 979

HB 226--Marietta, City of; Board of Education;

members; elected by majority vote; boundaries........... 305, 308, 451, 454

HB 227--Driver's License; custody of suspended

licenses; disposition ........................... 210, 215, 779, 818, 860, 878

HB 228--Water Treatment; sludge land application

sites; permits; approval ....................... 640, 643, 854, 892, 978, 1005

HB 229--Ad Valorem; motor vehicles; county of return;

redefine domicile.............................. 337, 340, 576, 619, 823, 836

HB 232--Inmates; medical treatment; costs collected;

reimbursed if acquitted or exonerated....................... 641, 643, 888,

969, 1313, 1324

HB 234--Retirement Bills; Firemen's Pension Fund;

repeal certain exemptions ...................... 170, 174, 343, 382, 408, 457

HB 237--Mortgage Lenders, Brokers; licensure; registration;

regulations ......................... 373, 376, 1291, 1302, 1382, 1466, 1952

HB 239--Teachers Retirement; members; termination; refunded

contributions ...................... 170, 174, 343, 382, 408, 457, 1233, 1250

HB 242--Vehicles; ambulances, exclusion as to motor

common carrier; pulpwood trailers, marker reflectors .............. 283, 289,

450, 485, 1233, 1248, 1372

HB 243--Georgia Superior Court Clerks' Cooperative

Authority; creation

1017, 1020, 1227, 1295, 1381, 1450

HB 244--Central Indexing System; notice filings for Uniform

Commercial Code related real estate; document

fees.................. 1018, 1021, 1227, 1295, 1381, 1451

HB 246--Public Records; disclosure; commercial purposes;

agencies not required prepare records not in

existence ................................. 772, 775, 1227, 1295, 1724, 1933

HB 248--School Superintendents; minimum salary;

regardless of system size ............. 373, 376, 1024, 1090, 1195, 1205, 1711

HB 252--Student Athletic Teams; voluntary service of doctors;

tort immunity ...................... 338, 340, 1226, 1296, 1382, 1554, 1953

HB 254--Public Institutions; restriction on access;

certain archival records ................... 397, 401, 779, 818, 904, 977, 979

HB 255--Boards of Education; building permits; exempt

local impact fees .....

1054, 1076, 1181, 1229, 1314, 1338

INDEX

2285

HB 257--Solid Waste; facilities; standards; modifications, vertical expansion; permits; fees; restrictions on yard trimmings, tires ................ 846, 851, 1227, 1296, 1382, 1457, 1954
HB 258--Conditioned Air Contracting; redefine; installing equipment, repair ....................... 373, 376, 779, 818, 904, 908, 1222
HB 259--Appropriations, General; State FY 1993-1994 ........................ 1016, 1021, 1291, 1307, 1381, 1387, 1435, 1487, 1541, 1576, 1596, 1833, 1881, 2243
HB 261--Child Support; arrearages; immediate withholding of wages; orders..................... 443, 448, 1227, 1296, 1590, 1682, 1951
HB 264--Georgia Limited Liability Company Act; enact .................................... 847, 851, 1292, 1305, 1590, 1647
HB 265--Property; Abandoned; state taxes due, owing; protection, Indian burial objects .............. 1082, 1085, 1291, 1302, 1382, 1546, 1707, 1821, 2073, 2078, 2175, 2243
HB 269--Income Tax; delinquent; property subject to liens; surrender; release; levy upon bank account; contesting assessments, fees ............... 1174, 1177, 1225, 1296, 1382, 1548, 2241
HB 275--Income Tax; delinquent; levy depositor's bank account; methods ............................................ 1083, 1086
HB 277--Fulton County; Tax Assessors, Appeals; joint city-county boards; repeal Act.......................... 1219, 1223, 1293, 1306, 1723, 1902
HB 280--Fulton County; Purchasing Contracts; factors in determining responsible bidder ....... 773, 778, 1293, 1306, 1590, 1687, 2241
HB 281--Fulton County; Public Works Contracts; bids; female business enterprises ............ 773, 778, 1293, 1306, 1724, 1911, 1920, 1948
HB 282--QBE; local fair share funds; limitations on amount ..................................................... 1054, 1076
HB 283--Water Systems, Waste-water Treatment Plant Operators, Lab Analysts; training; certification; fees ............... 609, 614, 854, 892, 1195, 1196
HB 284--Indigent Defense Council; additional members; governing authority appointments; local tripartite; powers, personnel requests ............... 475, 480, 1227, 1296, 1381, 1441
HB 286--Fireworks Displays; licensees; storage of surplus, excess fireworks ............................. 880, 884, 1228, 1296
HB 289--Baconton, City of; Mayor, Councilmembers; time of election, taking office, terms .................... 149, 152, 193, 197
HB 292--License Plates; special; amateur radio operators; fees ....................... 477, 480, 1228, 1296, 1590, 1657
HB 293--State Housing Trust Fund for Homeless Commission; members; powers ................. 397, 402, 576, 619, 860, 875
HB 294--Insurance Coverage; Children and Youth Services contract homeparents.................. 210, 215, 577, 620, 822, 832
HB 295--Voter Registrars, Deputy Registrars; eligibility; registration card form, purging lists, written challenges, absentee ballots .......................... 337, 340, 1292, 1302
HB 296--Children and Youth Services; apprehend runaway youth; police power ................... 444, 449, 753, 781, 860, 869
HB 297--Elections; voting; handicapped access; absentee ballots; poll officials; poll places; voter lists; school registrars ............................................. 311, 315, 778, 818
HB 298--Elections; Violations; duties of attorney general and state board .................... 445, 449, 779, 818, 904, 977, 985, 1222
HB 299--Children and Youth Services; apprehending delinquent child; powers ....................... 210, 215, 577, 620, 860, 874

2286

JOURNAL OF THE SENATE

HB 300--Boards of Education; appointed local school superintendents; implement Constitutional Amendment Adopted 1992 .................................. 189, 191, 450, 486, 978, 1006, 1333,
1592, 1706, 1767, 2113, 2240, 2245
HB 301--Transportation Department; cost estimates, rejected bid proposals; disclosure not required; exception .......... 745, 750,
894, 965, 1032, 1233, 1234, 1689, 1692
HB 302--Public Roads; activities causing damage or obstruction; reimbursement for costs of repairs or traffic management ................... 1129, 1149, 1293, 1302, 1382, 1455
HB 303--Ad Valorem Tax; litigations, refunds; interest accrual during appeal .......... 444, 449, 778, 818, 1314, 1362, 1712
HB 304--Public Offices; vacancies; interim appointees; special elections .......................... 641, 643, 1292, 1303
HB 306--Probation Officers; detention or custody of child under supervision .................. 210, 216, 753, 781, 860, 876, 1711
HB 308--Outdoor Advertising Signs; removal orders; judicial review period..................... 572, 574, 816, 856, 904, 977, 984
HB 311--Revenue Agents, Enforcement Officers; retain weapon after 25 years ............................... 847, 851, 1181, 1229
HB 316--Teachers Retirement; delete reference; appointed education boards..................... 171, 175, 343, 383, 408, 457, 977, 995
HB 317--Douglasville-Douglas County Water and Sewer Authority; appointed members; nomination and election ........... 699, 703
HB 320--License Plates; special; commemorative 1996 Olympic design ................... 1017, 1021, 1181, 1229, 1724, 1921, 2241
HB 321--Abandoned Motor Vehicles; lien foreclosure; affidavit filing fee .............................................. 337, 340
HB 322--Licensees Sanctioned by Department of Human Resources; hearings in contested cases; hearing officers............ 956, 959, 1226, 1296,
1382, 1545, 1589, 1594, 1712
HB 325--Criminal Procedure; commitment where bail tendered and accepted; hearings prior to indictment; waiver ........................................................ 337, 340
HB 327--Magistrate Courts; default judgments; practices and procedures..................... 529, 533, 889, 969, 1233, 1266
HB 328--County Boards of Equalization; appeal decisions; additional boards ............................ 398, 402, 576, 620
HB 332--Madison, City of; mayor, council; election districts; reapportion .................................. 185, 186, 217, 220
HB 333--Juvenile Court Records; access by school counseling personnel ................ 398, 402, 1292, 1305, 1381, 1452, 1589,
1591, 1883, 1888, 2070, 2082, 2155, 2244
HB 334--Harris County; Board of Commissioners; election districts; reapportion; terms .................... 185, 186, 193, 197
HB 335--Home Health Care Services; unlicensed; deceptive advertising .......................... 475, 480, 752, 781, 822, 829
HB 337--Landlord and Tenant; dispossessory proceedings; judgment for rent ....................... 863, 886, 1227, 1297
HB 338--Towns County; Board of Education; reconstitute; elections, districts, terms....................... 185, 186, 316, 321, 322, 374
HB 340--Personal Care Homes; licensing; redefine scope of personal services ......................... 373, 377, 753, 781, 1195, 1199
HB 341--Agricultural Dealers; fresh produce; certificate of receipt and quality; time limitation for payment to producer ......................... 1053, 1076, 1372, 1375, 1723, 1889, 2242
HB 342--Echols County; Superior Court; clerk, deputy clerk and other personnel; salaries; remit fees to county funds ................................................ 170, 175, 217, 220

INDEX

2287

HB 343--Sheriffs; fees for legal counsel for actions brought against .............................................. 1129, 1149
HB 344--Judges; part-time; conflict of interest; legal counsel for governmental entities; transferral of case ......................................... 398, 402, 705, 755, 822, 831
HB 346--Local Option Sales Tax on Public Accommodations for Aviation Museums .................... 880, 885, 1225, 1297, 1723, 1828, 2081, 2154
HB 349--Labor Department; expenses; withdrawals; Unemployment Trust Fund .............. 609, 614, 647, 815, 856, 978, 1004
HB 350--Ad Valorem Taxation; intangible tax rate; classify computer software ............... 1016, 1021, 1225, 1297, 1382, 1552
HB 351--Officers, Officials, Employees; motor vehicle expenses reimbursement ........................................ 443, 449
HB 352--Special Alternative Incarceration-probation Boot Camp; felony cases ............. 572, 574, 704, 755, 823, 837, 839, 1223
HB 353--County Correctional Institutions; deputy wardens; appointment ......................... 571, 574, 704, 755, 823, 835
HB 360--Pulpwood and Timber; sold by weight on basis of tonnage or pounds ........................ 374, 377, 482, 540, 1722, 1764
HB 361--Probate of Foreign Wills; recording in county in which property lies .......................................... 444, 449
HB 362--Business, Occupation Taxes, Regulatory Fees; comprehensive revision .............. 954, 959, 1225, 1297, 1382, 1555, 1712
HB 363--Catoosa County; Board of Education; reconstitute; composition and elections .................. 209, 216, 316, 321
HB 364--Mitchell County; Board of Commissioners; election districts; reapportion .......................... 185, 186, 291, 293
HB 365--Mitchell County; Board of Education; election districts; change composition ........................... 185, 187, 291, 293
HB 374--Controlled Substances; dangerous drugs; change listings; exemptions .................. 475, 480, 779, 819, 1196, 1214
HB 376--Elections; withdrawal of nominated candidates; affidavit; procedures ...................... 846, 851, 1225, 1297
HB 377--Mclntosh County; Superior Court; change term of court .................................. 372, 377, 1292, 1305, 1724, 1923
HB 378--Toombs County; Board of Education; nonpartisan nomination, election ....................... 209, 216, 343, 345
HB 379--Georgia Charitable Solicitations Act; exemption; certain charities .................. 610, 614, 778, 819, 1314, 1341
HB 383--Insurance; fraternal benefit societies; revise, modernize provisions ................ 474, 480, 1373, 1375, 1723, 1804
HB 384--Income Tax; nonresidents; withholding tax on certain distributions ................. 810, 813, 1225, 1297, 1590, 1676, 1952
HB 385--Income Tax; nonresidents; withholding tax, real estate transactions ................ 1053, 1076, 1225, 1297, 1590, 1651, 1952
HB 386--Safety Fire Commissioner; permit fees; compressed natural gas for vehicular fuel; anhydrous ammonia storage ..................................... 530, 533, 854, 892, 1233, 1263
HB 388--Chamblee, City of; mayor, council; powers; personnel; office of city manager........................ 170, 175, 291, 293
HB 389--Labor Pools; Work-site Employers; failure to pay temporary workers or to inform hazardous chemicals exposure; penalties .................................................... 1082, 1086
HB 391--Vehicles; ambulances, van pools, exemption as motor common carrier; require reflectors on pulpwood, pole trailers ............................................. 957, 959, 1225, 1298

2288

JOURNAL OF THE SENATE

HB 393--Marietta, City of; Board of Education; additional member; city council appointee ............... 185, 187, 451, 454
HB 395--Lease Transactions; Uniform Commercial Code; comprehensive revisions ................ 1083, 1086, 1292, 1305, 1590, 1646
HB 397--Law Enforcement Officers; complaints against; procedural criteria ........................................... 1174, 1178
HB 399--Blackshear, City of; new charter ........................ 186, 187, 291, 294 HB 400--Psychologists; license exemption; state
mental retardation facility ..................... 283, 289, 752, 782, 823, 840
HB 402--Indigent Defense Council; interest received from funds deposited by court clerks; continuation of deposits; repeal in certain courts .................... 846, 851, 1026, 1090, 1196, 1215
HB 403--Sheriffs; deposit of bond monies in interest-bearing accounts; repeal in certain counties; remittance of interest generated ...................... 846, 851, 1026, 1090, 1313, 1327
HB 406--Acworth, City of; corporate limits; change ............................................... 186, 187, 316, 321
HB 408--Podiatrists; licensure; applications for examination ........................................ 311, 315, 1226, 1298
HB 409--Dental Hygienists; temporary licenses; restriction; failing exams ................... 311, 315, 1226, 1298, 1589, 1601
HB 410--Hearing Aid Dispensers; licensure; applications for examination ............... 311, 315, 1226, 1298, 1590, 1648
HB 411--Moreland, Town of; mayor, alderman; two-year terms of office ........................................ 186, 187, 451, 454
HB 412--Decatur, City of; City Commissioners, election districts; Board of Education, reconstitute school districts ............................................. 186, 187, 291, 294
HB 413--Bibb County; State Court; additional assistant solicitor; qualifications ........................ 186, 187, 316, 321
HB 414--Irwin County; Board of Education; reconstitute; election districts .......................... 209, 216, 343, 345
HB 415--Suicide Assisted Deaths; prohibited acts; felony penalty; exception ............................ 772, 775, 1228, 1298
HB 421--Georgia Horticultural Growing Media Act; enact .............................. 397, 402, 1372, 1375, 1590, 1649, 1953
HB 422--Gwinnett County; Recorder's Court; clerk; compensation ....................................... 372, 377, 1182, 1184
HB 425--Gwinnett County; Magistrate Court; law library fees ....................... 372, 378, 1955, 1957
HB 428--National Guard; residents serving in other state; rights, privileges....................... 530, 534, 752, 782, 1234, 1279
HB 429--Local School Funds; disbursement; postsecondary loans, scholarships ................ 609, 615, 963, 1032, 1195, 1197, 1225, 1314, 1355
HB 442--Hart County; Water and Sewer Utility Authority; purpose; membership; voting ................ 209, 216, 316, 321
HB 443--Hart County; Board of Commissioners; composition; elections; powers, duties ................... 209, 216, 316, 321
HB 444--Hart County; Board of Education; reconstitute; districts; appoint superintendent ....................... 209, 216, 316, 321
HB 446--County Board of Jury Commissioners and Clerk; per diem compensation .............................. 846, 852, 1292, 1305
HB 447--Wrecker Services; contracts; removal of improperly parked cars; eligibility; disposition of derelict vehicles; procedures ......... 444, 449, 855, 892, 1314, 1342, 1381, 1386, 1951

INDEX

2289

HB 449--DeKalb County; Ad Valorem Tax Survey

Commission; members; compensation; findings

277, 278, 451, 454

HB 450--DeKalb County; Ad Valorem Taxes; special tax

districts; limit millage rate levy ........................ 277, 278, 451, 455

HB 453--Clarke County; District Attorney; repeal

certain paid staff positions ............................. 277, 278, 380, 385

HB 454--Motor Vehicle Franchise Practices Act; enact;

ratify 1992 SR 486 ............................ 311, 315, 576, 620, 822, 831

HB 456--Greene County; Board of Commissioners;

election districts; composition; terms .................... 305, 308, 380, 385

HB 457--Stephens County; Board of Registrations and

Elections; provide ..................................... 277, 278, 343, 345

HB 458--Burke County; Coroner; compensation and

expenses; change ...................................... 277, 278, 646, 648

HB 459--Greene County; Board of Education; election

districts; change composition ........................... 305, 308, 380, 385

HB 462--Athlete Agents; registration requirements;

redefine student athlete

641, 643, 963, 1032, 1234, 1279

HB 463--Public Documents; depositor; University of

Georgia Libraries director...................... 476, 480, 704, 755, 860, 866

HB 465--Sumter County; Board of Commissioners;

election districts; terms; residency ...................... 305, 308, 537, 543

HB 466--Americus, City of; Mayor, Council; election

districts; qualifications; candidacy notice ............ 305, 308, 380, 385

HB 468--Americus, City of; Board of Education of

Independent School System; reconstitute ................ 305, 308, 380, 385

HB 470--Sumter County; State Court; January term of

court; change beginning date ........................... 700, 702, 779, 784

HB 472--Sales Tax; special county 1%, convention or trade show

purposes; motor fuel dealers collecting taxes,

compensation rate ................ 1129, 1149, 1292, 1303, 1382, 1459, 1463,

1705, 1777, 1882, 1914, 2055, 2244

HB 473--Liberty County; Tax Commissioner; annual

salary; abolish fee system of compensation

277, 278

HB 474--Liberty County; Board of Education; change

compensation ......................................... 372, 378, 752, 757

HB 476--Driver Training Schools; instructor licenses

valid for two years ........................ 746, 750, 1025, 1090, 1313, 1335

HB 481--Cobb County; Ad Valorem Taxes; homestead

exemption; certain residents at age 70

277, 278

HB 482--Workers' Compensation; cancellation,

nonrenewal; notice requirements

1174, 1178

HB 484--Insurance; life policies; insurable interest

or group requirements ............................... 475, 480, 1227, 1298

HB 485--Sentencing; imprisonment for life without

parole; felony murder. .....................872, 885, 1228, 1298, 1382, 1553

HB 486--Sentencing; imprisonment for life or death penalty; evidence

of impact of crime on victim or community;

rebuttal .................................. 746, 750, 1576, 1581, 1724, 1909

HB 487--Marietta, City of; Board of Education; tax

levies; millage rate, bonded indebtedness ................ 277, 279, 316, 321

HB 489--Court Reporters; certification; qualifications;

taking depositions....................... 1172, 1176, 1292, 1305, 1724, 1908

HB 490--Firearms; possession; certain city, county officers,

court personnel ................ 746, 751, 1292, 1305, 1723, 1799, 2081, 2159

HB 491--Respiratory Care Practitioners; certification to

practice; requirements ..................... 846, 852, 1226, 1298, 1590, 1647

2290

JOURNAL OF THE SENATE

HB 492--Blind Persons' Literacy Rights and Education

Act; Braille .................................................... 811, 813

HB 493--Counties; tax assessor boards; ineligible

appraisal staff position ........................ 476, 481, 645, 706, 823, 839

HB 496--Peace Officers' Benefit Fund; repeal physical

exams, certain benefit ....................... 310, 315, 645, 706, 1314, 1344

HB 497--Peace Officers' Benefit Fund; benefits;

postretirement increases ..................... 474, 481, 645, 706, 1724, 1924

HB 502--Sheriffs; Retirement; benefits; post retirement,

prospective; adjustments ............. 474, 481, 645, 706, 860, 869, 978, 1014

HB 505--Construction Codes; state minimum standards; extensive

revision; transfer functions, staff to Commissioner of

Insurance ........................................... 745, 751, 962, 1032

HB 508--Private Companies Providing Probation Services; restrict

referrals to or ownership of driver improvement

clinics or DUI programs ..................... 530, 534, 855, 892, 1233, 1235

HB 509--Social Circle; board of education;

reconstitute .......................................... 305, 308, 617, 622

HB 510--Medical Records; pharmacist-patient

privileged information; evidence ................................. 530, 534

HB 511--Grandparent Visitation Rights; child adopted

by a stepparent............................. 444, 449, 889, 969, 1313, 1326

HB 515--Corporations; execution of written instruments

creating an agency ........................ 700, 702, 1227, 1298, 1724, 1928

HB 516--Water Pumping Systems; irrigation

contractors; licensure ........................................... 476, 481

HB 520--Antique, Hobby, Special Interest Vehicles; operation on public

roads; special license plates; ad valorem tax

based on $100. valuation....................... 476, 481, 752, 782, 860, 870

HB 522--Records; disclosure exclusion; research collected by

high education institutions or government

agencies ...................... 373, 377, 704, 755, 977, 988, 1039, 1040, 1222

HB 523--Commercial Real Estate Broker Lien Act;

enact .............................. 745, 751, 1292, 1306, 1590, 1641, 1952

HB 527--Workers' Compensation Group Self-insurance

Funds; soliciting members ......................... 1172, 1176, 1373, 1375

HB 528--Lakes; marine toilet restrictions; federal

Act shall control; applicable to Lake Blue Ridge ............. 745, 751, 854,

893, 1233, 1245

HB 536--Income Tax; adjustments; dividends of

corporations; job tax credits.................... 957, 959, 1225, 1299, 1382,

1498, 1511, 1712

HB 538--Boards of Education; registration of own

trademark or service mark ................. 444, 450, 1025, 1090, 1313, 1336

HB 540--Insurance; counselors; ancillary services for

commercial risks; fees ................... 571, 575, 854, 893, 977, 996, 1223

HB 543--Public Works; contractors; Notice of Commencement

requirements; actions on breached payment

bonds or security deposits ........... 641, 643, 1025, 1090, 1233, 1245, 1372

HB 544--Contractors, Subcontractors, Materialsmen;

preserving lien rights

...

641, 643, 1025, 1090, 1195, 1197

HB 545--Property Improvement Construction; payment bond,

security deposit; preserving rights of certain

parties ................................... 641, 643, 1025, 1090, 1314, 1366

HB 546--Highways; commercial driveway permits; limit

amount of charges, fees ......................................... 641, 644

INDEX

2291

HB 547--Ad Valorem; taxation of heavy-duty

construction equipment vehicles .............. 772, 775, 854, 893, 1233, 1238

HB 548--Ware County; State Court; judge; change

compensation ......................................... 305, 308, 706, 709

HB 550--Alma, City of; mayor, council; election

districts; qualifications ................................. 337, 340, 484, 487

HB 551--Alcoholic Beverages; wholesale dealers; taxes paid, stamps

purchased; credits or refunds; vehicles used for wine

deliveries............................. 572, 575, 645, 707, 1314, 1365, 1711

HB 552--Distilled Spirits; unpaid taxes; unlawful

possess, sell or purchase ..................... 530, 534, 645, 707, 1314, 1367

HB 554--Ad Valorem; taxing jurisdictions; duties;

millage rate adjustments ........................... 1017, 1021, 1225, 1299

HB 556--Land Use; restrictive covenants; subdivisions;

renewal; terminate ............................ 527, 1373, 1376, 1590, 1684

HB 557--Cobb-Marietta Coliseum and Exhibit Hall Authority; members;

residency; ethics code; facility name, Cobb

Galleria Centre ................................... 724, 725, 966, 971, 977,

1054, 1135, 1175, 1209, 1669

HB 566--Land-disturbing Activities; regulatory

compliance yet damages caused ...................... 700, 703, 1227, 1299

HB 568--Insurance; public entities; cancellation of coverage; orders

for temporary coverage; emergency property

protection measures .......................... 477, 481, 854, 893, 978, 1002

HB 569--Medically Indigent; health care programs;

dedicated revenue, funds

... 476, 482, 1226, 1299, 1381, 1442

HB 570--Warner Robins, City of; city council;

elections; districts; terms........................... 305, 309, 380, 385, 389

HB 574--Property Owners' Association Act; governance;

incorporation ................................................ 1173, 1177

HB 583--Coweta County; Board of Education; elections

districts; reapportion .................................. 337, 341, 451, 455

HB 584--Bad Checks; ten-day time period to tender

payment in cash .......................... 610, 615, 1026, 1091, 1196, 1214

HB 585--License Plates; special; disabled veterans;

qualifying procedures...................... 745, 751, 1025, 1091, 1234, 1271

HB 586--Wilkes County; Board of Education; member;

term of office; expiration date .......................... 372, 378, 451, 455

HB 588--Warren County; Probate Court; judge;

compensation of clerical help ........................... 372, 378, 451, 455

HB 593--Ambulance Services; annual license fee;

Indigent Care Trust Funds ................ 769, 776, 1226, 1299, 1589, 1602

HB 595--Wilkinson County; Board of Commissioners;

election districts; change composition ................... 397, 402, 484, 487

HB 597--Hunting; licenses; persons ages 12 through 25; safety

education certification; adult supervision for

minors ....................................... 529, 534, 705, 755, 860, 877

HB 600--Counties; called meetings; additional

notices; posting; media .................. 609, 615, 779, 819, 860, 863, 1222

HB 603--Dougherty County; Board of Commissioners;

election districts; change ............................. 956, 961, 1026, 1035

HB 604--Dougherty County; Board of Education;

election districts; change ............................. 571, 575, 1026, 1035

HB 606--Elections; party nominations; qualifying

petitions; cards; content ........................................ 700, 703

HB 607--Counties of 550,000 or more; public works

contracts; bidders .............................................. 770, 776

2292

JOURNAL OF THE SENATE

HB 610--Fulton County; Purchasing; responsible bidder

factors; minority participation ................................... 699, 703

HB 612--Fayette County; Board of Education; chairperson

and members; compensation, expenses .................. 372, 378, 451, 455

HB 614--Miller County; motor vehicle registration;

designated periods; repeal.............................. 372, 377, 484, 488

HB 619--Chickamauga, City of; Board of Education;

election method; terms ................................ 443, 450, 484, 488

HB 621--Cobb County; Board of Commissioners;

qualifying other position; filling vacancies ........................ 954, 961,

1955, 1957, 1960, 2007, 2008

HB 626--Kennesaw, City of; change corporate

limits ................................... 443, 450, 537, 543

HB 630--Motor Fuel Tax Laws; interstate, international

shipments; reports ...................... 1017, 1021, 1225, 1299, 1381, 1454

HB 631--Polygraph Examiners Employed by Public

Agencies; license fees ......................................... 1018, 1022

HB 634--Columbus-Muscogee County Consolidated

Government; creation

... 1254, 1258, 1955, 1958, 1960, 2007, 2241

HB 636--Clayton County; Commission on Children and

Youth; annual report; termination date

397, 402, 484, 488

HB 641--Historical Nonperpetual Care Cemeteries;

registration exemption ............................. 1174, 1178, 1293, 1306

HB 643--Hall County; Board of Commissioners; election

districts; change composition ........................... 529, 534, 577, 587

HB 648--Insurance; motor vehicle; premium discounts

for drivers.............................. 1019, 1022, 1373, 1376, 1723, 1805

HB 651--North Georgia Mountains Authority; members of Board of

Natural Resources; powers; contracts with private entities;

alcoholic beverage sales .................... 847, 852, 1227, 1299, 1382, 1465

HB 653--Construction Industry Licensing Board;

examining divisions; powers .................. 609, 615, 855, 893, 1233, 1251

HB 657--Chatham County; State Court; judges;

compensation ......................................... 770, 776, 816, 820

HB 659--Emergency Medical Technicians; obstruct or

hinder duties; penalties ............................ 1018, 1022, 1228, 1300

HB 660--Forest Products; truck tractors; load length;

warning flags ....................... 699, 703, 1026, 1091, 1590, 1618, 1953

HB 661--Transient Merchants; business license fees

fixed by county ........................... 572, 575, 1181, 1229, 1723, 1885

HB 664--Ad Valorem; exemption; blueberry plants;

county referendum approval .................................. 1174, 1178

HB 669--Public Transportation Systems; safety

programs; comply federal Act .............. 881, 885, 1293, 1303, 1724, 1909

HB 673--Atkinson County; Board of Education;

reconstitute; provide for districts

... 474, 482, 577, 588

HB 677--Workers' Compensation; cases on appeal; review; data for

rating insured; self-insurance funds, soliciting

members ...................... 880, 885, 1227, 1300, 1723, 1822, 2164, 2177

HB 678--Independent Contractors for Published or Printed Materials;

exclusion, unemployment or workers'

compensation ................ 1174, 1178, 1373, 1376, 1590, 1618, 1620, 1953

HB 680--Family Violence; protective orders; effective

statewide; enforcement .................. 1019, 1022, 1578, 1580, 1723, 1820

HB 682--Cobb Year 2000 Commission; selection of

members .................... 1016, 1023, 1955, 1958, 2003, 2007, 2081, 2110

INDEX

2293

HB 686--Human Body Parts; unauthorized removal or dismemberment; penalties ......................... 1018, 1022, 1578, 1580
HB 687--Monroe County; Board of Education; reconstitute districts; elections, terms ................... 529, 535, 577, 588
HB 688--Decatur County; State Court; solicitor; change compensation .................................. 474, 482, 646, 648
HB 689--Hospital Authorities; mergers, reactivations; terms, conditions, effects; exempt disclose certain data; immune antitrust liability..................... 846, 852, 964, 1033, 1195, 1206, 1706, 1790, 1830, 1885, 2202, 2244
HB 690--Crime Victims Compensation; claims; awards; raise maximum amount............................ 1173, 1178, 1578, 1580
HB 691--Jasper County; Board of Education; reconstitute; elections; districts ......................... 529, 535, 617, 622
HB 695--Houseboats With Marine Toilets; restrict operation on certain lakes .................. 810, 813, 965, 1033, 1314, 1345
HB 696--Forsyth, City of; council, mayor; term of office; Recorder's Court; misdemeanor cases ............... 1606, 1608, 1714, 1717
HB 697--Monroe County; Board of Commissioners; election districts; reapportion .......................... 529, 535, 577, 588
HB 701--LaGrange, City of; Mayor and Council; powers; regulating cable television services ...................... 474, 482, 706, 709
HB 704--Driver's License; replacement; name, address change; fees ........................... 1173, 1176, 1374, 1376, 1590, 1658
HB 710--Probate Court; judges; minimum salary; cost-of-living, longevity .................. 1173, 1177, 1292, 1306, 1590, 1616
HB 712--Controlled Substances Act; forfeitures; notices of property seizure ............... 1018, 1022, 1579, 1580, 1724, 1904
HB 713--Webster County; Board of Education; reconstitute election districts ......................... 608, 615, 1228, 1232
HB 714--Landscape Architects; licensure; qualifications; state board members ...................... 810, 813, 1025, 1091, 1314, 1340
HB 717--Trion, Town of; board of education; reconstitute; election districts .......................... 608, 615, 779, 784
HB 718--Education; Enrollment Counts; calculation; driver education course ............. 1174, 1179, 1224, 1300, 1590, 1605, 1706, 2016
HB 719--Emergency Telephone 911 Providers; military bases; joint authorities ......... 845, 852, 1228, 1300, 1590, 1609, 1722, 1724, 1953
HB 720--Natural Resources Department; hourly paid employees; benefits........................ 956, 960, 1227, 1300, 1381, 1442
HB 728--Counties, Municipalities; powers; federal grant, loan programs; execute intergovernmental contracts .................... 957, 960, 1225, 1300, 1382, 1456, 1711
HB 730--Emanuel County; Motor Vehicle Registration; staggered periods ..................................... 529, 535, 617, 622
HB 731--Emanuel County Development Authority; members; selection; terms.............................. 529, 535, 617, 622
HB 735--Athens-Clarke County Board of Elections and Registration; reorganize .................. 571, 575, 966, 971, 972, 977, 1222
HB 737--Contracts; school boards; relationship between members and bank................ 772, 776, 1181, 1229, 1314, 1347
HB 741--Anti-cancer Drugs; certain types; conditions for insurance coverage ..................... 772, 776, 1227, 1300, 1382, 1486
HB 743--Chatham County; Recorder's Court; chief judge; designation ..................................... 770; 777, 855, 858
HB 744--LaGrange, City of; Mayor, Council; election; select form of government, districts ..................... 608, 615, 706, 709

2294

JOURNAL OF THE SENATE

HB 745--Wayne County; Ad Valorem Taxes; county,

school purposes; homestead exemption .................. 609, 616, 706, 709

HB 746--Wayne County; State Court; judge and

solicitor; increase compensation ........................ 571, 575, 646, 648

HB 750--Employees' System; retirement at age 55;

identifies members entitled .................... 810, 814, 1025, 1091, 1195,

1202, 1706, 1780, 1830, 2055, 2070, 2244

HB 751--Property; conservation easements; limit

eminent domain powers ................... 954, 960, 1293, 1303, 1590, 1645

HB 753--Regional Development Centers; boards; composition;

powers; executive director; employees; political

activities ........................... 773, 776, 1293, 1306, 1723, 1774, 1953

HB 755--Municipalities; property to be acquired through

exchange; procedures ................ 845, 852, 1577, 1581, 1723, 1831, 2241

HB 756--Houston County Board of Commissioners;

monthly meeting ...................................... 608, 616, 706, 709

HB 757--Twiggs County; Board of Commissioners;

election districts; composition; terms .................... 640, 644, 752, 757

HB 758--Twiggs County; Board of Education; election

districts; composition; terms............................ 640, 644, 752, 757

HB 759--Driver's License; commercial; restricted

licenses; seasonal agricultural employees............... 881, 885, 1025, 1091,

1233, 1249, 1372

HB 764--Sheriffs; vacancies in office; method to

fill; selection of bailiffs ...................... 1018, 1022, 1181, 1229, 1314,

1338, 1381, 1384, 1712

HB 768--District Attorneys; retirees; postretirement

benefit increases .......................... 956, 960, 1578, 1580, 1913, 1920

HB 774--Colquitt County; Board of Commissioners;

election districts; reapportion; terms .................... 640, 644, 752, 757

HB 775--LaGrange, City of; Municipal Elections;

provide for nonpartisan elections ....................... 608, 616, 706, 709

HB 776--Colquitt County; Board of Education; election

districts; reapportion .................................. 640, 644, 752, 758

HB 779--Probate Court Judges; cost of living benefit

increase; restriction ....................... 745, 751, 1025, 1091, 1314, 1346

HB 780--Wilkes County; Coroner; annual salary in lieu

of fees ................. 608, 616, 780, 784, 789, 847

HB 781--Teachers Retirement; membership; rehired retiree;

trustees per diem ................. 1128, 1150, 1578, 1580, 1913, 1916, 2241

HB 782--Trial Judges and Solicitors Retirement Fund;

postretirement increases ................... 810, 814, 1025, 1091, 1724, 1910

HB 784--Sales Tax; motor vehicles purchased through casual

sales; duties of county tag agents to collect;

compensation ....................... 956, 960, 1225, 1300, 1589, 1602, 1952

HB 786--Sales Tax; exemption; certain agricultural commodities,

truck crops

1017, 1023, 1292, 1303, 1723, 1765, 1883, 1886

HB 787--House of Representatives; composition; new

description, 30 districts .............................. 811, 814, 1374, 1376,

1589, 1600, 1954

HB 789--Eastman, City of; city council; filling of

vacancies ............................................. 640, 644, 752, 758

HB 790--Atlanta, City of; Municipal Court; additional penalty;

Victim Witness Programs; Charter Commission

members ................................. 879, 886, 1714, 1717, 1721, 1952

HB 792--Piedmont Judicial Circuit; superior court

term; Jackson, Barrow County ............. 880, 885, 1227, 1301, 1381, 1440

INDEX

2295

HB 793--Jasper County; Board of Commissioners; election districts; reapportion .......................... 699, 703, 780, 784
HB 797--Contractural Rights; payments of federal manufacturer's excise tax .......................... 1083, 1086, 1225, 1301, 1590, 1661, 2241
HB 802--Elections; Candidate; qualifying; disqualified; voter lists; precinct maps; referenda on use of machines; special primaries .............. 1018, 1023, 1577, 1580, 1723, 1801
HB 810--Zoning Ordinances; adoption procedures; boundaries, hearings .................... 1175, 1179, 1293, 1306, 1724, 1904
HB 811--Insurance; workers' compensation; premium reduction; drug-free workplace program; certification requirements ............................... 1018, 1023, 1292, 1303, 1382, 1489, 1498, 1589, 1593, 1713
HB 813--Camden County; Board of Education; districts; reapportion; nonpartisan elections ...................... 724, 725, 816, 820
HB 814--St. Marys, City of; councilmembers; election districts; terms........................................ 724, 725, 816, 821
HB 815--Camden County; Board of Commissioners; election districts; reapportion .......................... 724, 726, 816, 821
HB 817--Crawford County; Board of Education; reconstitute; election districts; appoint school superintendent........................................ 724, 726, 816, 821
HB 818--Crawford County; Board of Commissioners; election districts; reapportion .......................... 724, 726, 816, 821
HB 820--Grand Jurors; oath; change gender; foreperson; grammatical revisions ..................... 956, 960, 1227, 1301
HB 825--DeKalb County; Recorder's Court; fines; authority to assess .................................... 699, 703, 889, 896
HB 826--Auctioneers; licensure; qualifications; reciprocity; violations ...................... 880, 886, 1228, 1301, 1724, 1922
HB 830--Clayton County; Board of Commissioners; election districts; change composition ................... 771, 777, 855, 859
HB 831--Clayton County; Board of Education; election districts; change composition ........................... 771, 777, 855, 859
HB 833--Grantville, City of; mayor and council; staggered two-year terms .............................. 724, 726, 816, 821
HB 835--Homestead Exemption; application; improper filing; surviving spouse ............................ 1082, 1086, 1225, 1301
HB 836--Victim Witness Assistance; funding; Atlanta Traffic Court fines ........................ 879, 886, 1293, 1306, 1590, 1661
HB 839--Consolidated LaGrange City Schools and County System; municipal funds ............................... 725, 726, 816, 821
HB 840--Oglethorpe County; board of commissioners; vice-chair; meetings; quorum ........................... 725, 726, 816, 821
HB 841--Gainesville, City of; Board of Education; reconstitute; management of school district .............. 725, 726, 816, 821
HB 842--Vital Records; spontaneous fetal deaths; registration; miscarriages ........................ 956, 960, 1226, 1301, 1590, 1621, 1657
HB 843--Augusta-Richmond County Coliseum and Stadium Authority Act; membership; powers; managers; minority participation............................ 809, 814, 966, 971, 974, 977, 1175
HB 844--Inmates; production of goods; sales for publicly funded projects .................. 957, 961, 1291, 1303, 1589, 1599, 1882, 1927, 2080, 2105
HB 845--Marion County; Board of Education; nonpartisan elections .................................. 725, 726, 816, 821

2296

JOURNAL OF THE SENATE

HB 846--Quitman County; Tax Commissioner; compensation; annual salary; abolish fee system ....................... 725, 726, 855, 859
HB 853--Millen, City of; corporate limits; include highway rights-of-way ................................. 771, 777, 855, 859
HB 855--Liberty County; Board of Commissioners; new election districts .................................... 809, 814, 1182, 1184
HB 856--Newton County; Board of Education; elections districts; change composition; terms..................... 809, 814, 889, 896
HB 858--Liberty County; Board of Education; election; new districts; compensation .......................... 809, 814, 1182, 1184
HB 859--Newton County; Board of Commissioners; election districts; composition; terms .................... 809, 815, 889, 896
HB 867--Effingham County; Board of Commissioners; compensation ......................................... 771, 777, 889, 896
HB 868--Peachtree City; corporate limits; deannex, exclude certain property ............................. 771, 777, 1088, 1093
HB 869--Long County; Sheriffs Deputies; compensation ......................................... 771, 777, 889, 896
HB 870--Inmates; offense of mutiny against custodial officers ................................... 954, 961, 1228, 1301, 1590, 1680
HB 871--Douglasville, City of; change corporate limits ......................................................... 771, 777
HB 872--Commerce, City of; school superintendent; selection; term ........................................ 809, 815, 966, 971
HB 873--Washington County; Board of Commissioners; election districts; change description; terms; qualifications ........................ 810, 815, 966, 1184, 1185, 1195, 1332
HB 874--Hancock County; Office of Sheriff; personnel; compensation; furnishing of vehicles .................... 810, 815, 966, 971
HB 875--Washington County; Board of Education; reconstitute; election districts; chairperson. ........ 810, 815, 966, 1185, 1189, 1195, 1332
HB 876--Oconee Judicial Circuit; superior court; judges; salary supplement.......................... 1254, 1259, 1579, 1583
HB 882--Criminal Justice Coordinating Council; members; reduce number of..................................... 846, 852
HB 885--Georgia Music Hall of Fame Authority; members; expenses and travel ..................... 1083, 1086, 1291, 1303, 1590, 1681
HB 888--Flovilla, City of; new charter ......................... 845, 853, 1026, 1035 HB 899--Baconton, City of; Mayor and Councilmembers;
elections; districts; terms; vacancies ..................... 810, 815, 966, 971 HB 903--Governing Bodies; open meetings; repeal
criminal penalty provision .................................... 1083, 1086 HB 908--Bulloch County; Board of Education;
reconstitute; elections; districts; appoint school superintendent...................................... 955, 961, 1182, 1184 HB 909--Thomas County; Board of Commissioners; election districts; composition; compensation; expenses ......... 955, 961, 1182, 1184 HB 910--Metter-Candler County Charter Commission Act; enact .............................................. 879, 886, 1026, 1035 HB 911--Muscogee County; Board of Education; elections; terms; meetings; certain tax purpose .................. 955, 961, 1579, 1583 HB 916--Meriwether County; Board of Education; election districts; reapportion .............................. 1081, 1087, 1228, 1232 HB 917--Meriwether County; Board of Commissioners; election districts; reapportion; terms ........................ 1081, 1087, 1228, 1232 HB 918--East Dublin, City of; mayor pro tempore; election by council; term............................. 879, 886, 1026, 1035

INDEX

2297

HB 919--Laurens County; board of education; members;

compensation; per diem ............................. 879, 886, 1026, 1035

HB 920--Patient Self-Referral Act of 1993;

enact ............................ 1173, 1177, 1578, 1581, 1723, 1810, 2241

HB 921--Gwinnett County; State Court; additional

judge ............................................ 1081, 1087, 1955, 1958

HB 922--Lawrenceville, City of; corporate limits;

deannex certain property ..................................... 1016, 1023

HB 924--Talbot County; Board of Education; reconstitute;

election districts; terms; appoint

superintendent...................................... 955, 962, 1374, 1379

HB 927--Putnam County; Board of Commissioners;

members; mileage allowance.......................... 879, 887, 1026, 1035

HB 928--Motor Fuel; compressed natural gas;

measurement; excise taxes ............... 1172, 1176, 1291, 1304, 1382, 1482

HB 930--Troup County; Ad Valorem Taxes; homestead

exemption; elderly or disabled residents ............... 955, 962, 1182, 1184

HB 931--Chatham County; Magistrate Court; chief

magistrate; nonpartisan nomination, election ...................... 880, 887

HB 932--Chatham County; Probate County; judge;

nonpartisan nomination and election ........................... 1016, 1023

HB 935--Catoosa County; Tax Commissioner; increase

clerical allowance ................................... 880, 887, 1026, 1036

HB 936--Sheriffs; contracts with municipalities;

police services; powers ................... 1128, 1150, 1374, 1376, 1723, 1809

HB 940--Watkinsville, City of; city elections date;

mayor, council; terms................................ 955, 962, 1374, 1379

HB 941--State Authorities; parks, recreational projects; use of private sector;

jurisdiction of Upper Savannah River Development

Authority ............. 1173, 1176, 1291, 1304, 1590, 1659, 1722, 1725, 1953

HB 942--Douglas, City of; new charter ...................... 1016, 1023, 1088, 1094

HB 944--Pickens County; Board of Commissioners; leave

of office; restrict certain actions; access to new

commissioner ..................................... 1016, 1023, 1182, 1184

HB 946--Augusta Judicial Circuit; superior court;

judges; salary supplement.......................... 1081, 1087, 1579, 1584

HB 948--Norcross, City of; Corporate Limits; include

certain described right-of-way ...................... 1081, 1087, 1228, 1232

HB 949--Insurers; domestic stock, mutual insurers;

payment of dividends ............. 1172, 1176, 1373, 1377, 1723, 1884, 2242

HB 950--Norcross, City of; City Council; terms, qualifications;

elections, time for holding ......................... 1081, 1087, 1228, 1232

HB 951--Duluth, City of; Ad Valorem Tax; homestead exemption;

certain persons; referendum ........................ 1081, 1087, 1374, 1379

HB 955--Lamar County; Ad Valorem; county, school tax;

homestead exemption; disabled persons ............. 1219, 1224, 1374, 1379

HB 958--Brooks County; state court; jurisdiction;

judge, solicitor .................................... 1464, 1464, 1714, 1717

HB 960--Baldwin County; Board of Education; election

districts; change composition ....................... 1126, 1150, 1579, 1584

HB 961--Baldwin County; Board of Commissioners;

election districts; change composition ............... 1126, 1150, 1579, 1584

HB 962--Dougherty County; State Court; judge; annual salary;

appointment of full-time solicitor and assistant

solicitors ......................................... 1017, 1024, 1088, 1094

HB 963--Dougherty County; Magistrate Court; full-time

chief magistrate, part-time magistrates and clerk

1017, 1024, 1088, 1094

2298

JOURNAL OF THE SENATE

HB 964--Congressional and Senate Districts; change

certain composition ............... 1129, 1175, 1578, 1581, 1722, 1726, 1882,

1929, 2069, 2075, 2122, 2152, 2244

HB 966--Interstate Rail Passenger Network Compact;

enact ...................................... 1129, 1175, 1293, 1304, 1723,

1824, 2070, 2121, 2174, 2175, 2210, 2244

HB 968--Haralson County; County Officials; commissioner,

sheriff, probate judge; superior court clerk,

treasurer; compensation............................ 1017, 1024, 1182, 1184

HB 970--Calhoun, City of; Ad Valorem; school taxes;

homestead exemption; elderly residents ............. 1081, 1087, 1374, 1379

HB 971--Gordon County; ad valorem; school tax;

homestead exemption; elderly

1082, 1088, 1228, 1232

HB 972--Senate and House Ethics Committees;

witnesses; subpoena procedures..................... 1072, 1076, 1373, 1376,

1590, 1655, 1954

HB 976--Lincoln County; Office of Treasurer; abolish; transfer

duties, records, fund to chairperson, Board of

Commissioners.................................... 1126, 1150, 1374, 1380

HB 978--Sumner, Town of; incorporation, boundaries;

powers; elections; terms............................ 1126, 1150, 1294, 1310

HB 979--Lee County; Board of Education;

reconstitute ...................................... 1219, 1224, 1374, 1380

HB 982--Thomaston-Upson County Office Building

Authority; powers ................................. 1126, 1150, 1579, 1584

HB 983--South Cobb Development Authority; additional

members; property tax exemption of authority ............ 1254, 1259, 1955,

1958, 2004, 2007, 2242

HB 984--Jefferson County; Magistrate Court; chief

magistrate; compensation .......................... 1126, 1151, 1714, 1717

HB 985--Pike County; Arts Facility Authority;

creation .......................................... 1126, 1151, 1579, 1584

HB 987--Twin City, City of; corporate limits; annex

certain right-of ways .............................. 1126, 1151, 1579, 1584

HB 990--Menlo, City of; mayor and councilmen;

election and terms ................................ 1126, 1151, 1579, 1584

HB 991--Terrell County; Board of Commissioners;

election districts; terms; requirements ............... 1126, 1151, 1579, 1584

HB 995--Sycamore, Town of; mayor, council; elections;

city-wide council posts ............ 1127, 1151, 1374, 1959, 2004, 2007, 2242

HB 996--Rebecca, Town of; municipal elections; mayor

and council; terms ................ 1127, 1151, 1374, 1959, 2005, 2007, 2242

HB 1001--Muscogee County; Coroner; change

compensation ..................................... 1127, 1151, 1579, 1584

HB 1002--Columbus-Muscogee County Government; salary

supplements ...................................... 1127, 1151, 1579, 1584

HB 1003--Muscogee County; Sheriff; change

salary ............................................ 1127, 1152, 1579, 1584

HB 1004--Baker County; Board of Education;

chairperson, members; compensation ................ 1127, 1152, 1579, 1585

HB 1005--Marietta, City of; City Treasurer; finance

director shall serve ................................ 1638, 1639, 1714, 1717

HB 1010--Brantley County; sheriff; chief magistrate;

compensation ..................................... 1127, 1152, 1374, 1380

HB 1013--Spalding County; Probate Court; judge;

compensation ..................................... 1127, 1152, 1579, 1585

INDEX

2299

HB 1014--Spalding County; Water and Sewerage Facilities Authority; members; change number of ............. 1127, 1152, 1579, 1585
HB 1015--Dooly County; Board of Commissioners; election districts; composition; terms ................ 1128, 1152, 1579, 1585
HB 1016--Dooly County; Board of Education; election districts; composition; terms ....................... 1128, 1152, 1579, 1585
HB 1017--Walton County; Board of Commissioners; reconstitute; election; terms; compensation ...................... 1128, 1153, 1714, 1717
HB 1018--Bibb County; Board of Education; school tax levy; annual certification to Board of Commissioners; referendum ....................................... 1128, 1153, 1374, 1380
HB 1021--McDuffie County; Board of Commissioners; expenditures; annual report; publication of ..................... 1219, 1224
HB 1022--Augusta Judicial Circuit; judges; salary supplement; Burke County......................... 1219, 1224, 1579, 1585
HB 1023--Augusta Judicial Circuit; superior court; judges; salary supplement; Burke, Columbia, Richmond Counties ......................................... 1254, 1259, 1374, 1380
HB 1028--Monroe, City of; mayor and councilmembers; new election districts .............................. 1255, 1259, 1714, 1717
HB 1031--Wilkinson County; Sheriff and Personnel; compensation; benefits............................. 1255, 1259, 1714, 1717
HB 1032--Wilkinson County; Superior Court; office of clerk; personnel; compensation; benefits ............. 1255, 1259, 1714, 1718
HB 1033--Wilkinson County; Tax Commissioner; personnel; compensation; benefits................... 1255, 1259, 1714, 1718
HB 1035--Evans County; board of commissioners; chairman, members; compensation .................. 1220, 1224, 1374, 1380
HB 1036--Pulaski County; Board of Education; election districts; change composition ....................... 1255, 1260, 1714, 1718
HB 1037--Columbia County; Board of Education; members; increase compensation.................... 1255, 1260, 1374, 1380
HB 1038--Eastern Judicial Circuit; judges; salary supplement; Chatham County ...................... 1255, 1260, 1714, 1718
HB 1039--Omaha, City of; new charter; incorporation, boundaries, powers ................................ 1255, 1260, 1714, 1718
HB 1040--Brunswick Judicial Circuit; judges; salary supplement; Wayne County ........................ 1255, 1260, 1714, 1718
HB 1041--Douglasville-Douglas County Charter Commission; consolidation ......................... 1256, 1260, 1714, 1718
HB 1042--Lanier County; Board of Commissioners; chairman, members; compensation .................. 1256, 1260, 1714, 1718
HB 1043--Athens-Clarke County; Juvenile Intake and Probation Services; transfer to state-wide system .............. 1256, 1260, 1714, 1718
HB 1044--Rockdale County; Ad valorem; school bond indebtedness; homestead exemption; certain residents ............. 1256, 1261, 1374, 1380
HB 1045--Fayette County; Board of Commissioners; chairman, members; compensation .................. 1256, 1261, 1714, 1719
HB 1046--Wilkinson County; Magistrate Court; chief magistrate, clerk; personnel; compensation ..................... 1256, 1261, 1714, 1719
HB 1047--Randolph County; Magistrate Court; chief magistrate; election; Probate Court Judge not serve after certain date ...................................... 1256, 1261, 1714, 1719
HB 1048--Clay County; Chief Magistrate; deputy clerk of superior court .................................. 1256, 1261, 1714, 1719

2300

JOURNAL OF THE SENATE

HB 1049--Liberty County; Board of Elections; create; powers;

duties; jurisdiction; chairperson, clerical assistants,

employees ........................................ 1257, 1261, 1579, 1585

HB 1050--Pooler, City of; change corporate

limits ............................ 1257, 1261, 1579, 1585, 1586, 1589, 1952

HB 1051--Nelson, City of; reincorporation; council at-large

elections; special meetings; municipal court

penalties ......................................... 1257, 1261, 1579, 1585

HB 1052--Jasper, City of; extend corporate

boundaries ....................................... 1257, 1262, 1579, 1585

HB 1054--Paulding County; Civil Service Board; duties, functions;

clerical assistance; recommendations by

governing authority; appeals ....... 1257, 1262, 1955, 1958, 2005, 2007, 2241

HB 1055--Euharlee, City of; mayor's court; ordinance

violations; maximum fines ......................... 1257, 1262, 1714, 1719

HB 1056--Bartow County; Board of Elections and

Registration; create................................ 1257, 1262, 1714, 1719

HB 1057--Catoosa County; probate court; judge and

clerical help; compensation......................... 1257, 1262, 1714, 1719

HB 1058--Catoosa County; Board of Utilities

Commissioners; additional compensation

1257, 1262, 1714, 1719

HB 1060--Barnesville, City of; councilmembers; reapportion

election wards; provide director of utilities and

public works...................................... 1257, 1262, 1714, 1719

HB 1061--Catoosa County; County Manager;

qualifications; compensation; clerical assistants ....... 1257, 1262, 1714, 1720

HB 1067--Thomson, City of; expenditures, fees; annual

report; publication ........................................... 1258, 1263

HB 1068--McDuffie County; Board of Education;

expenditures, fees; annual report; publication ................... 1258, 1263

HB 1069--Calhoun, City of; Charitable Donation;

authorize to Winner's Club of Calhoun, Inc. ......... 1258, 1263, 1714, 1720

HB 1070--Griffin-Spalding County Board of Education;

election districts .................................. 1258, 1263, 1714, 1720

HB 1071--Hiawassee, City of; new charter .......................... 1464, 1714, 1720

HB 1072--Fulton County; Board of Education; members;

compensation ..................................... 1692, 1705, 1714, 1720

HB 1076--Ellaville-Schley County Charter Commission;

create ............................................ 1258, 1263, 1714, 1720

HB 1077--Jasper County; Board of Commissioners;

election districts; reapportion; terms ........................... 1332, 1334

HB 1078--Jasper County; Board of Education;

reconstitute ................................................. 1332, 1334

HB 1079--Floyd County; board of commissioners;

qualifications; residency ........................... 1332, 1334, 1714, 1720

HB 1081--Douglas County; Board of Education; election

districts; change composition ....................... 1638, 1639, 1714, 1720

HB 1082--Cobb County; Office of Sheriff; vacancies;

chief investigator qualifications ................................ 1332, 1334

HB 1083--Chatham County; Superior Court; clerk;

minimum compensation ........................... 1332, 1334, 1714, 1720

HB 1085--Cobb County; Elected Officials' Compensation

Review Commission; creation.................................. 1333, 1334

HB 1088--Wadley, City of; mayor and council;

districts, terms, qualifications ................................. 1333, 1334

INDEX

2301

HB 1089--Columbia County; Probate Court Judge, Tax Commissioner, Superior Court Clerk; compensation......... 1464, 1714, 1721
HB 1093--Dublin, City of; Mayor and Councilmembers; time of election; terms............................. 1464, 1465, 1955, 1958
HB 1094--Dublin, City of; Board of Education; corporate powers; real estate, taxing authority ....... 1464, 1465, 1955, 1958
HB 1095--Augusta Judicial Circuit; judges; salary supplement; Richmond County ..................... 1487, 1489, 1714, 1721
HB 1096--Worth County; State Court; solicitor; change salary ............................................ 1464, 1465, 1955, 1958
HB 1102--Gwinnett County; Magistrate Court; annual salary; full-time duties ................... 1607, 1608, 1955, 1959, 2006, 2007, 2242
HB 1106--Villa Rica, City of; corporate limits; exclude certain territory annexed by 1988 amendatory Act . . 1607, 1608, 1955, 1959
HB 1107--Turner County; Board of Commissioners; change compensation .............................. 1607, 1608, 1955, 1959
HB 1108--Stapleton, City of; mayor and city council; two-year staggered terms .......................... 1607, 1608, 1714, 1721
HB 1110--Enigma, City of; new charter; incorporation, boundaries, powers ................................ 1606, 1608, 1714, 1721
HB 1115--Brunswick Judicial Circuit; superior court judge; salary supplement..........................: 1607, 1608, 1955, 1959
HB 1116--Jeff Davis County; Board of Commissioners; chairperson and members; compensation ............ 1607, 1608, 1714, 1721
HB 1117--Brunswick Judicial Circuit; superior court; judges; district attorney; salary supplement................. 1607, 1608, 1955, 1959
HB 1118--Jeff Davis County; Board of Education; chairperson and members; compensation ............ 1607, 1609, 1714, 1721
HB 1121--Dodge County; Hospital Authority; additional members; time period; operation of ................. 1607, 1609, 1714, 1721
HB 1123--Savannah-Chatham County Anti-Drug Commission Act; repeal ....................................... 1763, 1780, 1955, 1959
HB 1124--Sumner, Town of; incorporation, boundaries, powers ........................................... 1763, 1780, 1955, 1959
HB 1133--Chatham County; Intergovernmental Council; repeal....................................................... 2073, 2248

2302

JOURNAL OF THE SENATE

HOUSE RESOLUTIONS

HR 1--House of Representatives Convened; notify Senate ....................................................... 18
HR 4--General Assembly; joint session; state of state message ........................................... 42, 52, 53, 54
HR 5--Justices and Appellate Judges; invite General Assembly Session .................................. 42, 52
HR 6--Joint Session; message from Chief Justice Supreme Court; January 13 .................................... 42, 52, 69
HR 7--Joint Session; budget message from Governor; January 14 ................................................... 42, 52, 88
HR 8--General Assembly; Adjournment; January 15 to February 1 ............................................. 42, 53, 108, 111
HR 16--Regional Health Care Providers, Hospitals; joint committee to study................... 338, 341, 1293, 1304, 1382, 1483
HR 49--Property Conveyance; Butts County; repeal 1982 land conveyance ............................ 531, 535, 752, 782, 1313, 1316
HR 55--Designate; Phillip M. Landrum Memorial Highway, portion of 1-575.......................... 283, 289, 537, 580, 791
HR 64--Atlanta Regional Commission; approve transfer of Cherokee County ......................... 171, 174, 403, 452, 1234, 1284
HR 66--Solid Waste; sludge disposal; environmental impact; study committee................. 1019, 1024, 1374, 1376, 1723, 1819
HR 78--Boynton, Ricky Lee; claims against state for damages .................................... 1084, 1088, 1291, 1307, 1945
HR 88--Veterans Memorial Highway; designate; Highway 100, Haralson County ............................. 283, 289, 537, 580, 791
HR 91--Joint Study Commission on Revenue Structure; re-creating ............................. 1221, 1224, 1577, 1581, 1723, 1934
HR 96--Wilson, Nina; claims against the state; compensate.................................................. 1084, 1088
HR 118--Regional Development Centers; boundary lines; planning; study of................. 374, 378, 487, 645, 707, 1233, 1253, 1372
HR 119--Designate; Floyd L. Norton Bridge; Jefferson County........................................... 283, 289, 577, 620, 791
HR 120--Gerontology, Geriatrics; health, human service program licensure ................... 700, 704, 966, 1033, 1233, 1252
HR 121--Property Conveyance; Gilmer County; easement; James and Romona Waller................... 642, 644, 778, 819, 1313, 1317
HR 122--Property Conveyance; Baldwin County; sell to Leon Samuels; lease of depot tract to City of Cartersville ............... 531, 535, 752, 782, 1234, 1285, 1313, 1316, 1954
HR 123--Property Conveyance; City of Montezuma; convey deed; industrial park ................... 611, 616, 752, 782, 860, 868
HR 125--Property Conveyance; Baldwin County Board of Education; easement ........................ 531, 535, 752, 782, 1313, 1320
HR 126--Gerontology, Geriatrics; urge professional educational initiatives ....................... 398, 403, 816, 856, 1234, 1277
HR 134--Designate; Lanette O. Faulk Memorial Bridge; Wayne Garner Parkway ..................... 531, 535, 816, 856, 1037, 1223
HR 155--Strickland, Lorraine; claims against the state; compensate ............................ 1084, 1088, 1291, 1307, 1946

INDEX

2303

HR 156--Poore, Mrs. L. C.; claims against the state;

compensate.................................. 1084, 1088, 1291, 1307, 1946

HR 157--Lampkin, Albert and Delia Mae; claims against

the state; compensate ........................ 1084, 1088, 1291, 1307, 1947

HR 167--Property Conveyance; Richmond County; lease to Master

City Little League, Inc.; convey land to county for

fire station ................ .477, 482, 576, 620, 1313, 1321, 1381, 1383, 1713

HR 168--Property Conveyance; City of Winder; sewer

line easement through Fort Yargo State Park............... 881, 887, 1225,

1301, 1381, 1435

HR 180--Lead Poisoning Prevention Study

Committee ............................... 612, 616, 1181, 1230, 1314, 1341

HR 182--Property Conveyance; Rabun County; sublease tower to

Tim McCollum for paging antenna; Black Rock Mountain

State Park ................................. 611, 616, 752, 782, 1313, 1323

HR 197--City of Atlanta Charter Review Commission;

creation; composition ................ 725, 727, 1579, 1585, 1587, 1589, 1713

HR 228--Property Conveyance; Hall County; Corrections

Diversion Center land; sell by competitive bid ............... 642, 644, 778,

819, 1039, 1063

HR 229--Property Conveyance; Habersham County; State

Highway 365; sell land separated by improvements........... 642, 645, 778,

819, 1313, 1324

HR 231--Drivin' n' Cryin' Rock Band and Musicians;

commend...................................................... 399, 407

HR 242--Joint Steering Committee for Georgia General Assembly's

Conference on Access to Health Care ................. 881, 887, 1577, 1581

HR 263--Winkler, Craig J.; claims against the state;

compensate.................................................. 1084, 1088

HR 323--General Assembly; Adjournment; February 19 to

February 22 ................................................... 597, 607

HR 330--Amtrak Passenger Service Between Chicago and

Florida; endorse reinstituting; multistate impact study............. 881, 887,

1293, 1304, 1591, 1690, 2070, 2122

HR 332--Joint Commission on Legislative Information

Management. ........................... 1019, 1024, 1374, 1377, 1590, 1656

HR 359--Wilber, Joseph E., M.D.; commend .............................. 811, 820

HR 360--Regional Development Centers; territorial boundaries;

ratify transfer of certain counties ................... 1084, 1088, 1229, 1302

HR 374--Fulton County Recreation Study

Commission ................................. 1639, 1639, 1713, 1723, 1903

HR 398--Education Accountability and Evaluation

Commission ................................................. 1175, 1179

HR 400--Designate; Dick Lane Bridge; highway to honor

Lt. Harold Durham ............... 1128, 1175, 1293, 1304, 1590, 1685, 1954

HR 424--General Assembly; Adjournment; March 5 to

March 8 .................................................... 1054, 1079

HR 427--State Auditor; nomination and election held

by General Assembly .................... 1254, 1258, 1577, 1581, 1723, 1805

HR 463--Barber, Mrs. Janette McGarity; placement of

portrait .......................................................... 1827

HR 541--General Assembly; Adjournment; sine die at

7:00 P.M. on March 23 ...............

1791, 1796

HR 610--General Assembly; Adjournment; sine die at

9:00 P.M. on March 23, 1993.................................. 2074, 2097

2304

JOURNAL OF THE SENATE

PART III

ALPHABETICAL INDEX

AARP, AMERICAN ASSOCIATION OF RETIRED PERSONS; recognize. ................................................................ SR 144
ABERNATHY, SENATOR RALPH DAVID; statement on SB 29 vote. .... Page 124
ACCOUNTANTS, PUBLIC; licensees; members of limited liability companies ....................................................... HB 264
AGREE, JACK K., PAGE EXECUTIVE; commend ......................... SR 111
ACWORTH, CITY OF; corporate limits; change ............................ HB 406
AD VALOREM TAX (Also See Revenue and Taxation and Homestead Exemption) Antique, Hobby, Special Interest Vehicles; tax based $100. valuation. ........................................................... HB 520 Appraisers of County Property for Tax Purposes; license exception. ......................................................... SB 266 Assessments; appeals; interest accrual; taxpayer liability or refund. ............................................................. HB 303 Assessments; millage rate adjustments; taxing jurisdiction duties. .................................................. HB 554 Assessments; taxpayer appeal procedures; hearings; trials; costs. .................................................................. SB 296 Assessments; taxpayer appeals; written decisions; specify reasons. ............................................................... HB 328 Authorization for State Purposes or Increasing; requirement to enact. ......................................................... SR 6 Computer Software; valuation for tax purposes; intangible tax rate. ...................................................... HB 350 Conservation Use Property; assessment; qualifications; records of current use; family farms. ............................................... HB 66 Counties, Municipalities; tax sharing for regional industrial parks. ......................................... SR 203 Counties of 100,000 or More; tax assessors; ineligible other offices................................................. HB 493 County Boards of Equalization; appeal decisions; additional boards. ........................................................ HB 328 Enterprise Zones; property exempt county, municipal tax; referendum. ................................................. SB 166 Enterprise Zones; taxation; different treatment of property; approval................................................................ SR 206 Exemption; blueberry plants; referendum in individual counties............... HB 664
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INDEX

2305

AD VALOREM TAX (Continued) Heavy-duty Construction Equipment Vehicles Owned by Nonresidents; subject to taxation as if held in state..................................... HB 547 Homestead Exemption; application; improper filing; surviving spouse................................................................. HB 835 Homestead Exemption; notices; application by a surviving spouse. ............. SB 125 Levying Authorities; tax information reports; contents; publication. ............ HB 66 Mobile Homes; location permits; moving without decals; penalties. ............ SB 209 Motor Vehicles; county of return; expand definition of domicile............... HB 229 Property; assessment; filing appeals; tax execution notices. .................... SB 125 Property Assessment; limitations on increases; amend Constitution.............. SR 92 Property Tax Amnesty Program; one-time occurrence; waiver of penalty. ................................. SB 139 Property Valuation; criteria; fair market value; timber valuation. .............. SB 233 School Property Tax Digest; complaints; appointment of arbitrators............ HB 62 School Taxes; alternative sources of revenue; commission to study. ............. SR 44 Schools; reliance on property taxes; study of alternative sources. .............. HR 91 Tax Assessors; boards; ineligible hold appraisal staff position. ................ HB 493 Tax Assessors; boards; receipt of homestead exemption applications........... HB 222 Tax Assessors; county boards; election of members. .......................... SB 126 Tax Assessors; county boards; members; term of office. ....................... SB 158 Tax Commissioners, Collectors; salaries; increase minimum amount. ........... SB 282

ADJOURNMENT General Assembly; February 12 to February 15............................... SR 160 General Assembly; February 19 to February 22.............................. HR 323 General Assembly; February 26 to March 1. ................................. SR 225 General Assembly; January 15 to February 1.................................. HR 8 General Assembly; March 10 to March 15. .................................. SR 276 General Assembly; March 17 to March 22. .................................. SR 327 General Assembly; March 5 to March 8. ................................... HR 424 General Assembly; sine die at 7:00 P.M. on March 23. ...................... HR 541 General Assembly; sine die at 9:00 P.M. on March 23. ...................... HR 610 General Assembly; sine die March 23, 1993 at 9:30 P.M....................... SR 370 General Assembly; urge alternative 4-day week Session schedule. .............. SR 290

ADMINISTRATIVE PROCEDURE ACT

Case Involving Outdoor Advertising Signs; affirming

agency decision. ....................................................... HB 308

Elections, State Board; contested cases; notice and hearing. .................. HB 298

State Agencies; contested cases; administrative procedure. ..................... SB 77

State Agencies; proposed or amended rules; procedural requirements.

SB 129

ADMINISTRATIVE SERVICES DEPARTMENT Commissioner; membership; State Use Council. .............................. SB 372 Duties; develop reporting process; purchases of recycled products. ............... SB 9 Fiscal Division; abolished; successor agency created; functions. ................ SB 162 Hearing Officers; contested cases involving licensed health facility. ............................................................... HB 322 Insurance Coverage; Children and Youth Services contract homeparents. .......................................................... HB 294 Records; data on minority business participation in state contracts. .............................................................. SB 207 Records; report minority business participation in state contracts. ......................................................... SB 134

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2306

JOURNAL OF THE SENATE

ADMINISTRATIVE SERVICES DEPARTMENT (Continued) State Use Contracts; procurement list; certified programs, centers. ................................................................ SB 372

ADOPTION Grandparent Visitation Rights; child adopted by a stepparent. ............... HB 511 Special Needs Children; child-placing agencies; payments. ..................... SB 26

ADVERTISING (Also See News Media)

Advertisements on Public Bus Shelters; conditions; prohibitions. .............. SB 343

Availability of Merchandise or Services for Sale; size of

disclaimer. ............................................................. HB 76

Home Health Care Services; unlicensed; deceptive advertising. ............... HB 335

Promoting Horticultural Growing Medium; product registration;

labels.

................. HB 421

Residential Mortgage Lenders; advertisements for loans;

requirements............................................................ SB 106

Signs Advertising State Lottery; retail dealers in

distilled spirits. ................. SB 206

AFRICAN AMERICAN BUSINESS ENTERPRISE DAY; recognizing. ...... SR 96

AFRICAN-AMERICAN BUSINESSMEN; introduced. ................... Page 364

AGED (See Elderly)

AGRICULTURE

Ad Valorem; bonafide conservation use property; uniform

evaluations. ............................................................ HB 66

Animals; veterinary medicine; scope of practice; transfer

of embryos. ............................................................ HB 63

Blueberry Plants; exempt ad valorem taxation; referendum

approval.

........................................ HB 664

Commissioner; limitation of terms of office..................................... SR 5

Commissioner; limitation of terms of office................................... SR 140

Consumer Division; licensees; use of industrial nitrous oxide.................. HB 374

Crop-Reporting Districts; duties; calculating conservation use

property current use values. ............................................. HB 66

Department; cooperative agreement; U.S. Department of Agriculture. ........... SB 18

Department; duties of Office of Treasury and Fiscal Services. ................. SB 162

Department; property conveyance; Bulloch County Board

of Education. ................... SR 200

Department; publish standards for compost and mulch made in state. ........... SB 9

Emus Birds; commercial production and farming; urge study of................ SR 330

Horticultural Growing Media Act; product registration;

violations. ............................................................. HB 421

Horticultural Industry; urge Olympic Organizations to use Georgia's. ........... SR 11

Migrant and Seasonal Farm Workers; access to health care;

study of. ............................................................... SR 336

Peanut Growers; unfair international trade agreements;

relative to. ............................................................. SR 237

Products; fresh produce; certificate of receipt and quality; time

limitation for payment to producer....................................... HB 341

Products; perishable; malicious dissemination of false information

as to safety; damage actions. ............................................ HB 124

Products; sales tax exemption; sales of fruits, nuts, vegetables,

Vidalia onions or truck crops. ........................................... HB 786

Products Subject to Security Interest; county real estate records.

HB 244

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INDEX

2307

AGRICULTURE (Continued)

Seasonal Employees; restricted commercial driver's license.

HB 759

Secured Transactions; collateral; priority of crop

production loans. ....................................................... HB 75

Sharecroppers; future crops due; secured transactions of

landowner. ............................................................. HB 73

Water Pumping Systems; irrigation contractors; licensure.

HB 516

Wildlife; damage to crops; study of population control.

SR 259

AIDS OR HIV INFECTIOUS DISEASES

AIDS Prevention Instruction in Public Schools; course

materials. .............................................................. SB 37

Immigration Policy Prohibiting HIV Infected Persons Entry;

endorse................................................................. SR 214

Sex Education; public school course materials;

parental rights. ......................................................... SB 274

Sex Education; public schools; AIDS prevention instruction;

content................................................................. SB 246

Sex Education; public schools; curriculum; parental review,

consent................................................................. SB 292

Transmission to Arresting Law Enforcement Officers.

HB 162

AIR STORAGE TANKS; exception to requirements of boilers, pressure vessels. .......................................................... HB 39

AIRPORTS (See Aviation)

ALABAMA, STATE OF; Party State; Historic Chattahoochee Commission; amend compact. .............................................. SB 191

ALAPAHA RIVER; construction of check dams; study of. ..................... SR 19

ALCOHOLIC BEVERAGES AND ALCOHOLISM (Also See Driving

Under Influence or Motor Vehicles)

Alcohol-free Workplaces; testing, injuries due intoxication denied.

SB 235

Alcoholics; psychiatric evaluations by clinical nurse specialists. ................ SB 312

Code Revision; Title 3; correct errors and omissions. ........................ HB 145

Coliseums; alcoholic beverage sales; counties of 140,000 or more. ............... SB 14

Distilled Spirits; unpaid taxes; unlawful possess, sell

or purchase. ........................................................... HB 552

Driver Improvement Clinics; referrals or ownership; restrictions on

private companies providing probation services.

HB 508

Drug-free Workplace Programs; employee assistance programs. ............... HB 811

DUI; chemical test for blood alcohol; results, license suspension.

SB 163

DUI; driver's license suspension for first or subsequent offenses................. SB 27

DUI Offenders; mandatory license suspension; reinstatement conditions.

HB 24

DUI; restricted driving privileges; require ignition interlock device. ............. SB 28

DUI; third or subsequent conviction; publish notice in newspaper.

SB 119

Firearms; unlawful possession; persons under influence of alcohol. ............. SB 121

Jails; persons furnishing alcohol, drugs to inmates; felony

penalty. ................................................................ HB 29

Malt Beverages; production for home consumption; exempt

licensing............................................................... HB 197

Open Containers; possession by front seat passengers prohibited.

SB 128

Revenue Agents, Enforcement Officers; weapon and badge retention........... HB 311

Sales for Consumption on Premises; North Georgia Mountains

Authority. ................. HB 651

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2308

JOURNAL OF THE SENATE

ALCOHOLIC BEVERAGES AND ALCOHOLISM (Continued)

Sales on Sundays; local authorization; prohibit employee

consumption. ........................................................... SB 314

Sales Within Certain Distance Churches, Schools, Treatment Centers.

SB 301

Supermarkets, Grocery Stores; polling places; sales on election days. ............ SB 95

Tax on Sales, Seller License Fees; funds for public safety

purposes................................................................ SB 228

Taxes, Fees; functions of Office of Treasury and Fiscal services. ............... SB 162

Wholesale Dealers; credit, taxes, stamps purchased; wine

deliveries. ............................................................. HB 551

Workers' Compensation; injuries due intoxication or drug use denied. .... SB 235

ALIEN RESIDENTS; ineligible public assistance benefits; acute medical care. ............................................................. SB 164

ALIMONY Divorce Cases; court render judgment without verdict of a jury. ............... SR 141 Divorce Cases; court shall render judgement; procedures. ..................... SB 174 Spouse Support Payments; grounds for revision; cohabitation.................. SB 277

ALLEN, SENATOR ROY Excused, father's illness............................................. Pages 390, 396 Excused, illness in family. ............................................... Page 994 Excused, snow. ........................................................ Page 1307

ALMA, CITY OF; mayor, council; election districts; qualifications. ........................................................... HB 550

ALTAMAHA RIVER; construction of check dams; study of. ................... SR 19

ALTAMAHA TECHNICAL INSTITUTE, ETV 24-HOUR CABLE CHANNEL; commend. .................................. SR 133

AMATEUR RADIO OPERATORS; special license plates; fees.

HB 292

AMBULANCES (Also See Emergency Medical Services)

Ambulance Services; annual license fee; Indigent Care Trust Funds. .......... HB 593

Emergency Medical Technicians; obstruct or hinder duties; penalties.

HB 659

EMS; technicians, paramedics, cardiac technicians; recertification. ............. SB 263

Exclusion as to Motor Common Carrier Defined in Title 46. ................. HB 242

Exclusion as to Motor Common Carrier Regulations in Title 46............... HB 391

Motor Vehicle Insurers; official vehicles of emergency personnel;

premium surcharge restrictions. .......................................... HB 69

AMERICUS, CITY OF Board of Education of Independent School System; reconstitute. ............. HB 468 Mayor, Council; election districts; qualifications; candidacy notice. ............ HB 466 Property Conveyance; local Labor Department office; disposition................ SR 64

AMTRAK PASSENGER RAIL SERVICE BETWEEN CHICAGO AND FLORIDA; endorse restoration, multistate impact study. ............. HR 330

AMTRAK SERVICE; impact study; Interstate Rail Passenger Network Compact. ....................................................... HB 966

AMUSEMENT RIDES (See Carnival)

ANATOMICAL GIFTS (Also See Organ Donors)

ANDERSON, KANKAKEE BUCK; sympathy at passing. ................... SR 132

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INDEX

2309

ANIMALS Bears; permission for killing; owners of damaged property................... HB 112 Bears; property damage; petitions for removal from private property. .......... SB 306 Code Revision; Title 4; correct errors and omissions. ........................ HB 145 Veterinarians or Animal Boarding Facilities; charges due; liens; notice to owner of disposal or sale. ................................................ SB 130 Veterinary Medicine; scope of practice; nonsurgical embryo transfer............ HB 63

APPEALS AND ERROR Appellate Court Judges; invite General Assembly Session. ..................... HR 5 Criminal Cases; defendant right to cross appeal; procedures. ................. HB 109 Evidence; transcription by court reporters; trial judge discretion. .............. SB 356 Evidence; transcription; court reporters; discretion of trial judge. ............. HB 489 Motion for New Trial; extension of time to file transcript. ..................... SB 33

APPLING COUNTY; Superior Court; judges; salary supplement............. HB 1115

APPOINTMENTS BY GOVERNOR ............. PAGES 365, 581, 1309, 1934, 1936

Aaron, Billye ....................................... Pages 367, 583, 587, 1934, 1940

Acree, Lucilla K.. ............................................. Pages 368, 584, 1941

Alalof, David ................................................. Pages 368, 584, 1941

Allgood, Thomas F. ..................................... Pages 370, 586, 1936, 1943

Armour, Frances .............................................. Pages 368, 584, 1941

Ayers, Mary B. ............................................... Pages 366, 582, 1938

Barr, Alfred K. ............................................... Pages 368, 584, 1941

Beam, Lynda ................................................. Pages 366, 582, 1939

Bennett, Violet ............................................... Pages 365, 581, 1938

Bisson, Susan W. ............................................. Pages 365, 581, 1938

Bittick, John Gary ................................. Pages 365, 581, 1938

Blanks, Louise S. ............................................. Pages 366, 582, 1939

Bosma, Vicky G............................................... Pages 368, 584, 1942

Bowen, George L. Ill.......................................... Pages 369, 585, 1943

Boynton, Asa Terrell.......................................... Pages 366, 582, 1938

Bragg, Kathryn Stege ......................................... Pages 370, 586, 1944

Branyon, Donald L. Jr................. Pages 367, 583, 1940

Breedlove, Mike .............................................. Pages 367, 583, 1940

Brook, Neal .................................................. Pages 366, 582, 1939

Brooks, Vera E. .............................................. Pages 365, 581, 1938

Brown, Charles R. ............................................... Pages 1309, 1945

Bryant, J. D. ................................................. Pages 367, 583, 1940

Burris-Davis, Karen

............ Pages 369, 585, 1943

Buttimer, Dr. Elizabeth P...................................... Pages 365, 582, 1938

Butts, Audrey ................................................ Pages 368, 584, 1942

Cantrell, Kay W. ............................................. Pages 367, 583, 1940

Caswell, J.D. ................................................. Pages 369, 585, 1942

Clark, Margie G............................................... Pages 366, 582, 1938

Clark, Sara S. ................................................ Pages 368, 584, 1941

Cody, Carlos ........................... Pages 368, 584, 1942

Cox, Amy Lea ..................... Pages 367, 583, 1940

Davis, Burl................................................... Pages 367, 583, 1940

Davis, James K. .............................................. Pages 367, 583, 1939

Day, Dr. Sherman R........................................... Pages 365, 581, 1938

Dees, Hoyt C. ................................................ Pages 367, 583, 1940

Denham, Dr. Linda Steele ..................................... Pages 366, 582, 1938

Digby, David Alan ............................................ Pages 368, 584, 1941

Dunlap, Kathryn L. ........................................... Pages 367, 583, 1940

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2310

JOURNAL OF THE SENATE

APPOINTMENTS BY GOVERNOR (Continued) Dye, Clinton E. Jr............................................. Pages 369, 585, 1942 Earn, Ernest U. .............................................. Pages 370, 586, 1944 Elson, Suzanne G. ...................................... Pages 370, 586, 1936, 1943 Ensley, Richard Robert.............................. Pages 367, 583, 587, 1934, 1940 Ergle, Virgil D. ............................................... Pages 365, 581, 1938 Flanagin, Virginia Wilson...................................... Pages 369, 585, 1943 Garrett, David C. Ill ................................ Pages 367, 583, 587, 1934, 1940 Giffin, Patti Alfred............................................ Pages 368, 584, 1941 Glover, Bobby E. ......................... Pages 369, 585, 1942 Goodman, Gwen .............................................. Pages 369, 585, 1943 Graham-Poole, Leslee ......................................... Pages 369, 585, 1943 Greene, Richard .............................................. Pages 368, 584, 1941 Gresham, Emma .............................................. Pages 365, 581, 1938 Guest, Rita C. ................................................ Pages 365, 581, 1937 Hand, Elsie P........................................... Pages 370, 586, 1936, 1943 Harper, Damon ............................................... Pages 370, 586, 1944 Harper, W.H. Jr. ............................................. Pages 370, 586, 1944 Harrington, James C. Jr. ...................................... Pages 369, 585, 1943 Harris, Charles .................................................. Pages 1309, 1945 Harris, Deborah .............................................. Pages 366, 582, 1938 Harris, Mamie ................................................ Pages 369, 585, 1943 Harris, William S. ............................................... Pages 1309, 1945 Hatcher, Benjamin ............................................ Pages 366, 582, 1939 Heard, Frank S. .............................................. Pages 365, 581, 1937 Hightower, Richard Bryant Sr. ................................. Pages 366, 582, 1939 Hornstein, Dr. Julius .......................................... Pages 369, 585, 1942 Hudson, Bruce ............................................... Pages 366, 582, 1938 Hunter, Wanda A. ............................................ Pages 367, 583, 1940 Jarvis, Pat ................................................... Pages 369, 585, 1942 Jefferson, Patricia Ann ........................................... Pages 1309, 1944 Jimenez, A. Louis ............................................. Pages 368, 584, 1941 Jones, Samuel David .......................................... Pages 365, 581, 1938 Keeton, Julie D. ........................................ Pages 1309, 1935, 1944 Kicklighter, Jana R............................................ Pages 366, 582, 1939 King, Carol .................................................. Pages 365, 581, 1938 Kinney, Dr. Davis ............................................ Pages 366, 582, 1938 Knox, Wyckliffe A. Jr. .............................. Pages 367, 583, 587, 1934, 1940 Lee, James T. ................................................ Pages 370, 586, 1943 Lewis, Dr. Ellen C. ........................................... Pages 368, 584, 1942 Lord, Dr. R. Whitman ........................................ Pages 368, 584, 1941 Lovell, Judy Davidson......................................... Pages 368, 584, 1942 Main, Dr. Eleanor C........................................... Pages 365, 582, 1938 Mann, John Horace ........................................... Pages 366, 582, 1939 Marshall, Logan .............................................. Pages 365, 581, 1938 Martin, James ................................................ Pages 368, 584, 1942 McBride, Ralph C. ............................................... Pages 1309, 1944 McDougald, Charles W. ....................................... Pages 366, 582, 1939 Meek, Donald Steven ......................................... Pages 369, 585, 1942 Meldrum, David Francis....................................... Pages 368, 584, 1941 Merritt, Lanier .................................................. Pages 1309, 1944 Miller, Johnnie R. ............................................ Pages 368, 584, 1942 Miller, Linda S. .............................................. Pages 366, 582, 1938 Miller, M. Yvette ............................................. Pages 370, 586, 1944
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INDEX

2311

APPOINTMENTS BY GOVERNOR (Continued) Moon, Peggy I. ............................................... Pages 366, 582, 1939 Moreland, Thomas D. ......................................... Pages 366, 582, 1939 Morrison, Dr. Joseph V. Jr .................................... Pages 367, 583, 1939 Nelson, Theresa Jeanne ....................................... Pages 365, 581, 1938 Ogletree, LaVerne C........................................... Pages 367, 583, 1940 Patterson, Joseph H. .......................................... Pages 367, 583, 1940 Pendley, Ollie ................................................ Pages 366, 582, 1938 Phillips, Cecil M. ................................... Pages 367, 583, 587, 1935, 1940 Pilon, Robert N. .............................................. Pages 367, 584, 1941 Porter, Ben G................................................. Pages 368, 584, 1941 Puckett, E. Camille ........................................... Pages 365, 581, 1937 Rather, Daniel B. ............................................. Pages 369, 585, 1943 Rentz, Thomas H. Jr. .................................... Pages 368, 584, 1942 Reynolds, D. Victor ........................................... Pages 365, 581, 1938 Reynolds, Harold Reid ....................................'....... Pages 1309, 1945 Reynolds, James III........................................... Pages 367, 583, 1940 Rhodes, Poster ............................................... Pages 365, 581, 1937 Roberts, Bryndis W. ............................................. Pages 1309, 1944 Scalise, Dr. Joseph ............................................ Pages 369, 585, 1942 Scheller-Gilkey, Geraldine ..................................... Pages 369, 585, 1943 Sellers, Dr. Cynthia ........................................... Pages 369, 585, 1942 Shipp, Mary Alice ............................................ Pages 366, 582, 1938 Shropshire, Evelyn ............................................ Pages 369, 585, 1943 Smith, Hubert Laddel......................................... Pages 369, 585, 1942 Smith, Marjorie M. ........................................... Pages 367, 583, 1940 Smith, Raymechia ............................................ Pages 368, 584, 1942 Sorrells, Bob .................................................... Pages 1309, 1944 Stallings, Richard L. ............................................. Pages 1309, 1944 Staulcup, Gene ............................................... Pages 368, 584, 1942 Stephens, John D. ............................................ Pages 367, 583, 1939 Stephens, Pat ................................................ Pages 367, 583, 1940 Stokes, Cay G. .............................. Pages 366, 582, 1939 Strong, R.T................................................... Pages 369, 585, 1942 Tarbutton, Ben J. Jr. ......................................... Pages 369, 585, 1943 Terwilliger, Dr. Russell R. ..................................... Pages 369, 585, 1942 Thomas, Patrick H. ................................. Pages 367, 583, 587, 1935, 1940 Thomas, Priscilla D. ........................................ Pages 1309, 1935, 1944 Thompson, Olin D. ........................................... Pages 366, 582, 1939 Thurman, Doris D............................................. Pages 366, 582, 1939 Turner, William B. ..................................... Pages 370, 586, 1936, 1943 Upshaw, Eddie ............................................... Pages 367, 583, 1940 Vason, Carolyn ............................................... Pages 365, 581, 1938 Waldner, Diane ............................................... Pages 368, 584, 1941 Ward, Felker W. Jr............................................ Pages 368, 584, 1941 Waymer, Robert W............................................ Pages 368, 584, 1941 Weeks, Helen Ballard ............................... Pages 367, 583, 587, 1935, 1940 Wells, Herbert L. ............................................. Pages 365, 581, 1938 Wexler, Dr. Alan V............................................ Pages 368, 584, 1941 Wheeler, Thomas W. Jr........................................ Pages 368, 584, 1941 Wiggins, James L. ............................................ Pages 369, 585, 1942 Wiley, William T. Jr. ......................................... Pages 369, 585, 1943 Williams, Virgil......................................... Pages 370, 586, 1936, 1943 Williams-White, Deborah ...................................... Pages 369, 585, 1943
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2312

JOURNAL OF THE SENATE

APPOINTMENTS BY GOVERNOR (Continued) Wisdom, Michael Ray ......................................... Pages 368, 584, 1941 Wright, Jesse G. .............................................. Pages 366, 582, 1939 Yeany, Russell................................................ Pages 369, 585, 1942

APPROPRIATIONS AND FISCAL AFFAIRS Appropriations Bills; reduction in whole or in part by Governor; amend Constitution....................................................... SR 27 Appropriations, General; State FY 1993-1994. .............................. HB 259 Appropriations, Supplemental; reduce Medicaid funds; new debt, issuance of bonds to finance Defense Accounting Facility. ............................. HB 86 Appropriations, Supplemental, SPY 1992-1993. ............................. HB 121 Appropriations; supplementary Acts by General Assembly not authorized. ...... SR 63 Bills for Raising Revenue; approval requirements; amend Constitution. ......... SR 65 Bills for Raising Revenue; approval requirements; amend Constitution. ......... SR 94 Budget Request; Department of Natural Resources; grants to counties. ....... SB 202 Continuation Budget Report for Legislative Committees; contents.............. SB 188 Education Accountability and Evaluation Commission; create................. HR 398 Education; funding; study of outcomes and best use of tax dollars. .............. SR 7 Education; school construction; review of capital outlay needs. .................. SR 8 Indigent Care Trust Fund; dedicated revenue; transfers; purposes. ........ HB 569 Labor Department; expenses; withdrawals, Unemployment Trust Fund. ...... HB 349 Lottery for Education Account; proceeds; appropriation restrictions. ........... SB 100 State Agencies; Budget Accountability and Planning Act; grants. .............. SB 335 State Agencies; budget; property purchases, leases; analysis report. .............. SB 8 State Agencies; budget requests; audit report; Program Review Act. ............ SB 86 State Agencies; budget requests; 5-year plans; Agency Review Act. .............. SB 5 State Agencies; Budgetary Responsibility Act; oversight committee............. HB 41 State Agencies; budgets; certain employment positions abolished............... SB 129 State Agencies; budgets; review eliminating expenses; privatization. ............ SB 260 State Agencies; continuing programs; reports due General Assembly. .......... SB 60 State Agencies; grants; Fair and Open Grants Act of 1993; enact............... SB 335 State Agencies; grants; fairness and openness in the awarding. .................. SB 4 State Expenditure Limitations; excess revenues; reserve fund. ................. SR 148

AQUACULTURAL FOOD PRODUCTS; Producers, Marketers or Sellers; recovery of damages; disparagement of product safety. ...................... HB 124

ARBOR DAY OBSERVANCE, 102ND ANNIVERSARY; recognizing.

SR 190

ARCHITECTS Landscape Architects; licensure; qualifications; state board members. ......... HB 714 Licensees; members of limited liability company............................. HB 264 Property Improvements; improper use of payments; intent to defraud. .......... SB 50

ARCHIVES AND HISTORY, DEPARTMENT OF; Georgia Historical Records Advisory Board; establishment. ............................... SB 271

AREA PLANNING AND DEVELOPMENT AUTHORITIES (See Authorities or Development Authorities)

ARKANSAW, TIM, GEORGIA CERAMIC SCULPTURE ARTIST; commend................................................ SR 149

ARNALL, ELLIS GIBBS; former Governor; creation of appropriate tribute. . SR 156

ARRESTS; criminal procedure; bail; tendered and accepted; commitment hearings; waiver; denial of hearing upon felony indictment. .................. HB 325

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INDEX

2313

ARTS Georgia Citizens for the Arts; commend. .................................... SR 102 Georgia Citizens for the Arts; Golden Isles Arts; Humanities Association; commend. .............................................................. SR 303 Georgia Council; membership; state capitol advisory commission. .............. SB 225 Music Industry Committee and Citizen's Advisory Council. ................... SR 117 State Musical Theatre; Jekyll Island Musical Theatre Festival................. SB 371 Tim Arkansaw, Georgia Ceramic Sculpture Artist; commend................... SR 149 Youth Art Month; honoring. ............................................... SR 157

ASBESTOS REMOVAL OR DISPOSAL; employee training; certification. . SB 135

ASSISTIVE TECHNOLOGY DEVICES; equipment assisting disabled persons perform specific tasks; consumer rights, remedies. .................... HB 93

ATHENS, CITY OF Athens-Clarke County Board of Elections and Registration; reorganize. ....... HB 735 Athens-Clarke County; commission districts; composition; audit report. ........ HB 11 Athens-Clarke County; Juvenile Intake and Probation Services; transfer to state-wide system. .......................................... HB 1043

ATHLETICS (Also See Olympic Games)

Athlete Agents; registration; members of limited liability company. ........... HB 264

Athlete Agents; registration requirements; redefine student athlete. ........... HB 462

Cobb County; endorse bid; Olympic Women's Fast- pitch Softball Event.

SR 191

Georgia Women in Sports Association members; introduced................. Page 183

Georgia Sports Hall of Fame; appointment of additional members. ............ SB 304

Olympic Organizations; urge use Georgia's green industry. ..................... SR 11

Roller Skating Safety Act; duties of skaters, spectators, operators. ............ HB 140

Student Athletic Teams; voluntary service of doctors; tort immunity. ......... HB 252

ATKINSON COUNTY; Board of Education; reconstitute; provide for districts. ................................... HB 673

ATLANTA ATHLETIC CLUB, HOSTS OF 1993 AT&T CHALLENGE; commend. ................................................................ SR 296

ATLANTA, CITY OF

Board of Education; urge employ security guards in high schools. .............. SR 38

City of Atlanta Charter Review Commission; creation; composition............ HR 197

Civil War History, Atlanta Campaign of 1864; sites heritage plan.

SR 21

Cleveland Avenue and Jonesboro Road; urge abandon widening project.

SR 278

Council and President; conflict of business interests; disclosure. ............... SB 321

Municipal Court; additional penalty; Victim Witness Programs;

Charter Commission members. .......................................... HB 790

Public Schools; implement staggered start and dismissal times.

SB 324

Public Schools; implement student uniform dress code........................ SB 323

Rhodes Memorial Hall; rental to Georgia Trust Historic Preservation. ......... SR 153

State Properties Commission; terminate Consolidated Lease with CAPCO

lenders and Fairco Properties, Inc. ....................................... SR 119

Traffic Court; additional penalty; victim witness programs.................... HB 836

ATLANTA PARALYMPICS ORGANIZING COMMITTEE, AND ANDREW FLEMING; recognize. ................................... SR 174

ATLANTA PROJECT; businesses creating new full-time jobs; job tax credit.. HB 536

ATLANTA REGIONAL COMMISSION

Territorial Boundaries; Cherokee County; approve transferral into.

HR 64

Transportation Improvement Program; urge abandon certain project. .......... SR 278

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2314

JOURNAL OF THE SENATE

ATTORNEY GENERAL Duties; actions brought against persons violating election laws. ................ SB 215 Duties; election laws or rules; enforcement actions........................... HB 298 Employees Authorized to Carry Weapons. ................................... SB 348 Legal Assistants; using third-year law students within/outside state. .......... HB 190 Staff Members; authorization to carry weapons............................... SB 348 Terms of Office; limitation; amend Constitution. ............................... SR 5 Terms of Office; limitation; amend Constitution. ............................. SR 140
ATTORNEYS (Also See Courts, Civil Practice, or Criminal Proceedings) Commercial Agency Relationships; conditional power of attorney. ......... SB 171 County Dispute Resolution Programs; creation; trustees of funds. ............ HB 143 Duties; legal notice of tort claims involving medicaid recipients. ............... SB 249 Legal Assistants; using third-year law students within/outside state. ....... HB 190 Legal Counsel for Governmental Entities; part-time judges; conflict of interest; transferral of case. ............................................. HB 344 Representing Third-Party Liability Claims; settlements; notices................ SB 146 Service as Part-time Judge When Counsel to Local Government Entities. ...... SB 120
AUCTIONS, AUCTIONEERS Licensees; practicing as limited liability company............................ HB 264 Licensure; qualifications; reciprocity; violations; investigator. ................. HB 826
AUDIOLOGISTS; provisional license; employees of educational institutions. ..... SB 88
AUDITOR, STATE; Claude Vickers elected State Auditor ........... Pages 1254, 1805
AUDITS Department of Audits and Accounts; duties; agency program reviews. ............ SB 5 Department of Audits and Accounts; duties; agency program reviews. ......... SB 86 Department of Audits and Accounts; submission of budget estimates........... SB 335 Department; state contracts; disparity in minority participation................ SR 146 Local Governing Authorities; audit requirements; expenditure level. .......... HB 137 State Agencies; continued appropriations; program reviews; reports.............. SB 60 State Auditor; duties; appointment of arbitrator, school property tax digest complaints........................................................ HB 62 State Auditor; nomination and election held by General Assembly. ........... HR 427 State Auditor; powers, duties; reports; program reviews; audits. ............... HB 41
AUGUSTA JUDICIAL CIRCUIT Superior Court; judges; salary supplement; Burke, Columbia, Richmond Counties.................................................... HB 1023 Superior Court; judges; salary supplement; Burke County. ................... HB 946 Superior Court; judges; salary supplement; Burke County. .................. HB 1022 Superior Court; judges; salary supplement; Columbia County. ................. SB 254 Superior Court; judges; salary supplement; Richmond County. .............. HB 1095
AUGUSTA-RICHMOND COUNTY COLISEUM AND STADIUM AUTHORITY ACT; membership; powers; managers; minority participation. ...................... HB 843
AUSTELL, CITY OF Ad Valorem; municipal taxes; homestead exemption. ......................... SB 354 Mayor, Council, Department Directors; administrative powers, duties........... SB 284 Mayor or Councilmembers; qualifications; residency requirements. ........ SB 338
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INDEX

2315

AUTHORITIES (Also See Development Authorities) Coastal Area (Olympic) Games Authority; powers, duties, membership. ........ SB 145 Coliseums; counties of 140,000 or more; alcoholic beverage sales. ............... SB 14 Georgia Housing and Finance Authority; powers; projects; financing of health care services, facilities. ........................................... HB 142 Georgia Music Hall of Fame Authority; members; expenses and travel......... HB 885 Georgia Superior Court Clerks' Cooperative Authority; creation. .............. HB 243 Hospital; certificate of need; exemption; restoring bed capacity. .............. SB 257 Hospital Financing Authority; Act repealed; assets transferred. ............... HB 142 Hospital; mergers, reactivations; terms, conditions; medical facilities, exempt disclose certain data; immune antitrust liability. .......................... HB 689 Housing; contracts; qualified tenant management organizations. ............... SB 299 Housing; powers; investment of moneys not required for immediate use. ....... SB 201 Jekyll Island-State Park Authority; projects; use of private firms. ............ HB 941 Jekyll Island-State Park Authority; restrict certain activities. ................. SB 336 Jekyll Island-State Park Authority; services; limit fee increases. ............... SB 147 Lake Lanier Islands Development Authority; projects; private firms. .......... HB 941 Municipal; cities whose charters are repealed; dissolution procedures. .......... HB 84 North Georgia Mountains Authority; members of Board of Natural Resources; powers; contracts with private entities; alcoholic beverage sales. ............ HB 651 North Georgia Mountains Authority; projects; use of private firms. ........... HB 941 Privatization; projects of certain park authorities; feasibility. ................ HB 941 Purchasing Building Materials, Fixtures Based on Life Cycle Costs. ........... SB 192 State; administrative procedure; contested case proceedings. ................... SB 77 State; employees; disclosing waste, fraud, or abuse without reprisal. ............ SB 89 State; employees; disclosure of fraud, waste, abuse without reprisal. ........... HB 49 State; grant awards; Fair and Open Grants Act of 1993; enact. ................ SB 335 State; ordinance violations; maximum fines; Magistrate Courts................. SB 315 State; purchasing, use of recyclable products; compliance procedures. ............ SB 9 State; stationery used for correspondence; telephone numbers. ................. SB 70 State; stationery used; printed telephone and FAX numbers................... HB 82 State Tollway Authority; powers; enforcement of toll collections. ............... SB 91 State Tollway Authority; rename Georgia Transportation Authority; projects; highways, rail passenger facilities; private operators......................... SB 328 Stone Mountain Memorial Association; projects; use of private firms. ......... HB 941 Upper Savannah River Development Authority; jurisdiction; projects. ......... HB 941 Upper Savannah River Development Authority; membership; geographic jurisdiction; scope of projects; tolls, fees, rents; bids. ....................... SB 342
AUTOMATIC TELLER MACHINES; transaction fees; remote terminals safety. ................................................................... SB 355
AUTOMOBILE REPAIR SHOPS; Owners, Operators; licensing; commission to study certification. ........................................... SR 93
AUTOPSIES; Death Investigations; tissue retention; additional studies........... SB 99
AVIATION Airports, Landing Fields; commercial expansion; referendum approval. .......... SB 94 Airports, Landing Fields; commercial expansion; referendum approval. ......... SB 351 Museums, Halls of Fame; local hotel-motel sales tax levy to promote.......... HB 346
BACONTON, CITY OF Mayor and Councilmembers; elections; districts; terms; vacancies. ............ HB 899 Mayor, Councilmembers; time of election, taking office, terms. ............... HB 289
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2316

JOURNAL OF THE SENATE

BAIL (Also See Bonds or Criminal Procedure) Criminal Procedure; commitment hearings; waiver; denial of hearing. ......... HB 325 Persons Charged Stalking Crimes; release conditions; hearing notices. ....... . . . . SB 13

BAKER COUNTY; Board of Education; chairperson, members; compensation. .......................................................... HB 1004

BALDWIN COUNTY Board of Commissioners; election districts; change composition. .............. HB 961 Board of Education; election districts; change composition. .................. HB 960 Magistrate Court; chief magistrate; special election. .......................... SB 329 Probate Court; judge; annual salary in lieu of fee system...................... SB 319 Property Conveyance; easement; school near Central State Hospital. .......... HR 125 Property Conveyance; sell surplus state property to Leon Samuels. ........... HR 122 Transfer from Oconee RDC to Middle Georgia RDC; ratify and approve. ...... SR 238 Transfer from Oconee RDC to Middle Georgia RDC; ratify and approve. ... HR 360

BALFOUR, SENATOR DON; excused

Page 824

BANKING AND FINANCE

Automated Teller Machines; transaction fee; terminal area safety. ............. SB 355

Bad Checks; payments in exchange for labor, services, merchandise. ........... SB 223

Bad Checks; ten-day time period to tender payment in cash. ................ HB 584

Bank or Trust Company; affiliates; transfer of fiduciary capacities. ............ SB 346

Bank or Trust Company; currency transaction reports; clarify liability

of directors. ............................................................ SB 355

Banking Industry; regulatory compliance costs; urge reduction of. .............. SR 67

Banks; special purpose or credit card bank; conditions for approval. ........... SB 347

Contracts; school boards; relationship between members and bank. ........... HB 737

Corporations; incorporation, charter, bylaws, mergers; code revision. .......... HB 149

Credit Repair Services; deceptive advertising, business practices. .............. SB 157

Department; approve certain documents; enforce customer safety procedures

at remote service terminal areas. ......................................... SB 355

Financial Information; offense of theft of a trade secret; penalties.............. SB 224

Georgia Residential Security Deed Act; excessive charges prohibited. .......... SB 105

Georgia Student Loan Programs; urge flexible federal rules.................... SR 147

Investments or Reinvestments by Housing Authorities; limitations. ............ SB 201

Loans or Advance of Money; interest, fees; maximum rate allowed.

SB 313

Loans; residential mortgages; fee disclosure; escrows; advertising. .............. SB 106

Loans Secured by Residential Property; interest; fees, insurance premiums,

property appraisal, title search; regulate lender rates........................ SB 105

Mortgage Lenders, Brokers; licensure; registration; regulations. ............... HB 237

Public Funds; depository bank; security, funds deposited other banks. ......... SB 359

Residential Mortgage Lending, Brokerage Businesses; licensing.

SB 106

Security Interests; farm products of debtor; recording; requirements.

HB 244

State Depositories; securities deposited by insurers as assets................... SB 133

Tax Levy Upon Depositor Account for Delinquent Income Taxes.

HB 269

Tax Levy Upon Depositor Bank Account; delinquent income taxes............ HB 275

Trusts Created by Contributions to an Individual Medical Account. ........... SB 161

Uniform Commercial Code; lease transactions; comprehensive revisions. ... HB 395

BARBER, MRS. JANETTE MCGARITY; placement of portrait. ........... HR 463

BARNESVILLE, CITY OF; council members; reapportion election wards; provide director of utilities and public works............................... HB 1060

BARRETT, JACQUELYN, SHERIFF OF FULTON COUNTY; commend. ..................................... SR 209

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INDEX

2317

BARRETT, JOHN W.; commend. .......................................... SR 172

BARROW COUNTY; superior court; Piedmont Judicial Circuit; date of term. ............................................................ HB 792

BARRY, MALEIA, NATIONAL 4-H CHAMPION; commend.

SR 78

BARTOW COUNTY; Board of Elections and Registration; create. ........... HB 1056

BATTERY (See Assault and Battery)

BAUGH, SENATOR WILBUR; plaque presentation....................... Page 185

BEARS Claims of Damage by Property Owners; petitions for removal of bear. ........ SB 306 Permission for Killing Bears; property damage; protection by owners.......... HB 112

BEER (See Alcoholic Beverages and Alcoholism)

BELLAMY, WALT; former Senate Doorkeeper, introduced ................ Page 2012

BELLAMY, WALT, FORMER ATLANTA HAWKS CENTER; commend. SR 48

BENEFIELD, CARRIE, NATIONAL 4-H CHAMPION; commend.

SR 72

BENNETT, VALENE OF ALMA; commend. ............................... SR 300

BIBB COUNTY Board of Education; school tax levy; annual certification to Board of Commissioners; referendum. ......................................... HB 1018 Cherry Blossom Festival organizers; commend................................. SR 43 Coliseum Authority; sales of alcoholic beverages; conditions. ................... SB 14 Macon Water Authority Employee's Pension Plan; continuation. .............. SB 386 Property Conveyance; Macon Regional Health Center; property exchange...... SR 233 State Court; additional assistant solicitor; qualifications. ..................... HB 413

BICYCLES; cyclist headgear required; secured seats for certain passengers. ....... SB 7

BIDS (See Contracts or Transportation)

BIGGERSTAFF, TERRY AND DOUG SHAVER, SHANNON RAY; commend. ........................................................ SR 325

BINGO GAMES Licensees; valuation of prizes awarded; maximum amount..................... SB 114 Recreational Bingo Games; operation of; requirements; regulation. .............. SB 24 Recreational Games; noncash prizes; authorized nonprofit operations. ......... HB 174

BIOMEDICAL WASTE; Disposal Facilities; additional or new; restrict construction permits. ...................................................... SB 381

BLACK ROCK MOUNTAIN STATE PARK; sublease tower; Currahee Paging antenna. ................................................ HR 182

BLACKSHEAR, CITY OF; new charter.................................... HB 399

BLANCHARD, JOHN PIERCE, SR.; in memory of. ........................ SR 320

BLECKLEY COUNTY; Superior Court; judges; salary supplement........... HB 876

BLIND PERSONS (Also See Handicapped) Blind Persons' Literacy Rights and Education Act; braille..................... SB 110 Blind Persons' Literacy Rights and Education Act; Braille. .................. HB 492 Voting; election ballots printed in Braille. ................................... SB 112

BLITCH, SENATOR PEG; excused due to snow ......................... Page 1307

BLUEBERRY PLANTS; exempt ad valorem taxation; referendum approval. .. HB 664

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2318

JOURNAL OF THE SENATE

BOATS, MARINE EQUIPMENT AND FACILITIES Boats; registration numbers; decal placement; power boats restricted on Chattahoochee River; designated no ski areas. .................... SB 16 Charter Fishing Operators; saltwater recreational fishing licenses............... SB 272 High Falls Lake; adjoining property owners; boat dock permits. .............. HB 195 Houseboats With Marine Toilets; restrict operation on certain lakes. ......... HB 695 Marine Toilets; restrictions; certain lakes; federal Act controls. ............... HB 528

BOILERS AND PRESSURE VESSEL SAFETY ACT; exception to requirements; air storage tanks. ............................................ HB 39

BONDS
Bail; commitment hearings; waiver; denial of hearing upon indictment......... HB 325 Bail; person charged stalking crime; release conditions; notices.................. SB 13 Revenue; bond indebtedness to finance public projects; study of. ............... SR 37 Revenue; housing authorities; powers; sales or investments. ................... SB 201 Revenue; issuance; financing Defense Accounting Facility. .................... HB 86 Surety; cash bonds, reserves of bondspersons; duties of sheriffs. .............. HB 403 Surety; director of Office of Treasury and Fiscal Services post. ................ SB 162 Surety; home inspectors; requirements....................................... SB 330 Surety; property improvement contractors; rights of certain parties. .......... HB 545 Surety; public works constractors; notices; filing; actions against. ............. HB 543 Surety; security interest in lieu of bond by state depositories. ................. SB 359

BOOT CAMP PROBATION ALTERNATIVES Juvenile Delinquent Children; sentenced boot camp units. .................... SB 150 Probationers Sentenced for Felony Offenses; confinement period. ............. HB 352

BOWDON HIGH SCHOOL FOOTBALL TEAM; commend.

SR 101

BOYNTON, RICKY LEE; claims against state for damages. .................. HR 78

BRAILLE LITERACY Election Ballots; print in Braille for blind, visually impaired. ................. SB 112 Special Education Services; braille for blind and visually impaired. ............ SB 110 Special Education Services; visually impaired; Braille instruction.............. HB 492

BRANNAN, SYBLE W. PARKWAY; designate in Cedartown. ................ SR 69

BRANTLEY COUNTY; sheriff; chief magistrate; compensation.............. HB 1010

BREEDEN, KEN; introduced ............................................ Page 542

BRIDGES (See Highways, Bridges and Ferries)

BRIDGES, JAMES A., PRESIDENT, VALDOSTA TECHNICAL INSTITUTE; commend........................................ SR 98

BRINSON, NORMA JEAN; commend. ................... SR 219

BROKERAGE RELATIONSHIPS IN REAL ESTATE TRANSACTIONS ACT; enact. ............................ SB 227

BROOKS COUNTY; state court; jurisdiction; judge, solicitor. ................ HB 958

BROOKS, MARCUS RAMON, EAGLE SCOUT AWARD; commend.

SR 240

BROUN, SENATOR PAUL; excused due to illness ................. Pages 68, 79, 104

BROWN, LEE HALE, EDUCATOR; commend.

SR 42

BROWN, SENATOR ROBERT; statement on morning roll call ............ Page 843

BRUNSWICK COLLEGE MINORITY OUTREACH COMMITTEE AND COASTAL GEORGIA MINORITY OUTREACH PROJECT; commend. ................................................................ SR 302

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INDEX

2319

BRUNSWICK JUDICIAL CIRCUIT Superior Court; judges; district attorney; salary supplement; Jeff Davis County. .................................................... HB 1117 Superior Court; judges; salary supplement; Appling County.. ................ HB 1115 Superior Court; judges; salary supplement; Wayne County. ................. HB 1040

BRYAN COUNTY; Coastal Area (Olympic) Games Authority; creation; powers; membership. ...................................................... SB 145

BRYAN, MRS. LOIS STRINGER; honoring. ............................... SR 253

BUDGET (See Appropriations and Fiscal Affairs)

BUDGET ACCOUNTABILITY AND PLANNING ACT OF 1993; enact..................................................................... SB 335

BUDGETARY RESPONSIBILITY ACT OF 1993; enact.

HB 41

BUILDING AUTHORITY, GEORGIA

Designate; Clark Harrison State Office Building in Decatur.................... SR 248

McWhorter, Hamilton, Jr.; placement of portrait in State Capitol.............. SR 196

Site Selection for Tribute to Ellis G. Arnall; commission to study.............. SR 156

State Buildings; purchasing materials, fixtures; life cycle costs. ................ SB 192

State Capitol; placement of portrait of Leroy R. Johnson.

SR 213

State Capitol; preservation and use of; advisory commission created............ SB 225

BUILDINGS AND HOUSING

Code Revision; Title 8; correct errors and omissions. ........................ HB 145

Construction Codes; state minimum standards; extensive revision; transfer

functions, staff to Commissioner of Insurance. ............................ HB 505

Construction Industry Licensing Board; powers; examining divisions. ......... HB 653

Handicapped and Impaired Veterans; housing accessibility standards.

SB 311

Home Inspectors Licensing Regulation Act; enact. ........................... SB 330

Home Inspectors; regulate; inspection requirements; defects notices. ........... SB 143

Housing Authorities; powers; limitations; investments; bond sales. ............. SB 201

Industrialized Buildings; advisory committee; standards; inspection............ HB 505

Lead-based Paint and Dust Poison; hazards to children; study of. ............. SR 136

Lead Poisoning Prevention Study Committee. .............................. HR 180

Mobile Homes; location permits; moving without ad valorem tax decals.

SB 209

Preengineered, Premanufactured Building Materials; vehicle permits. .......... SB 238

Public Housing Projects; contracts; tenant management organizations. ......... SB 299

Residential Property Insurance; cancellation reasons, notices. ................. SB 230

Roofing Contractors; regulate; create new licensing division.................... SB 190

State Energy Code for Buildings; construction codes......................... HB 505

State Housing Trust Fund for the Homeless Commission; composition;

power to hold title to housing projects. .................................. HB 293

State Housing Trust Fund for the Homeless; fiscal agency functions. .......... SB 162

BULL SLUICE LAKE; restrict operation of houseboats. .................... HB 695

BULLOCH COUNTY Board of Education; reconstitute; elections; districts; appoint school superintendent. ........................................................ HB 908 Property Conveyance; deed state property to Board of Education. ............. SR 200

BURKE COUNTY

Augusta Judicial Circuit; superior court; judges; salary supplement.

HB 946

Augusta Judicial Circuit; superior court; judges; salary supplement. .......... HB 1022

Coroner; compensation and expenses; change................................ HB 458

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JOURNAL OF THE SENATE

BURKE COUNTY (Continued) Property Conveyance; Yuchi Wildlife Management Area; easement for electrical transmission lines. ............................................. SR 122 Superior Court; judges; salary supplement. ................................ HB 1023

BURTON, DR. GLENN W.; commend. ................................. SR 329

BUSES Passenger Vehicles; vans; revise definition. ................................... SB 80 Public Transit Bus Shelters; permit conditions; removal as a hazard. ......... SB 343 Public Transportation Systems; safety programs; comply federal Act. ......... HB 669 School Bus Drivers; random drug testing; criteria; funding method............. SB 107 School Buses; tires; change tread requirements. ............................. HB 214

BUSINESS (See Commerce and Trade or Selling Practices or Professions)

BUTTS COUNTY Advisory Referendum Election on Form of Government, County-wide Election of Commission Chairperson. ............................................. SB 327 Property Conveyance; airport purposes; repeal 1982 Act authorizing............ HR 49

CABLE TELEVISION; City of Newnan; public powers; eminent domain; bonds. ................................................................... SB 297

CALHOUN, CITY OF Ad Valorem; school taxes; homestead exemption; elderly residents. ........... HB 970 Charitable Donation; authorize to Winner's Club of Calhoun, Inc. ........... HB 1069

CALHOUN COUNTY; property conveyance; power line easement; Georgia Power Co. ................................................... SR 118

CALLAWAY, FULLER E., JR.; sympathy at passing. ................. SR 262

CAMDEN COUNTY Board of Commissioners; election districts; reapportion. ..................... HB 815 Board of Education; districts; reapportion; nonpartisan elections. ............. HB 813 Coastal Area (Olympic) Games Authority; creation; powers; membership........ SB 145

CAMDEN COUNTY HIGH SCHOOL GIFTED STUDENTS AND TEACHERS; commend. ........................................... SR 343

CAMDEN COUNTY HIGH SCHOOL OP-ED PROGRAM; commend.

SR 344

CAMP, HERBERT PRESTON, SR.; commend.

SR 285

CAMPAIGN AND FINANCIAL DISCLOSURE (Also See Ethics or Elections); disclosure reports; late filing fees. ............................... HB 171

CAMPBELL HIGH SCHOOL, ECONOMICS STOCK MARKET WINNING TEAM; commend. ............................. SR 236

CANCER DRUG THERAPY Health Insurance Coverage; certain types; conditions of coverage. ........... HB 741 Health Insurance Coverage for Certain Types; conditions. .................... SB 326

CANDIDATES (See Elections)

CANDLER COUNTY Board of Education; election districts; reapportion; terms. ..................... HB 7 Designate; R. G. Daniell, Sr., Memorial Highway; portion S.R. 46. ......... SR 232 Metter-Candler County Charter Commission Act; enact. ..................... HB 910

CAPITAL PUNISHMENT (See Death Penalty or Courts)

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2321

CAPITOL BUILDINGS AND GROUNDS, STATE; Commission on the Preservation of the State Capitol; creation. .............................. SB 225

CARJACKING; offenses involving theft; criminal penalties. ................... SB 288

CARNIVALS AND ITINERANT SHOWS; occupation taxes, regulatory fees. .......................................................... HB 362

CARROLL COUNTY

Designate; Wayne Garner Parkway; State Highway 61.

HR 134

Meningitis Immunization Effort; commend................................... SR 184

Property Conveyance; Georgia Power Company; grant easement.

SR 142

CARTER PRESIDENTIAL LIBRARY AND PARK; Lease Agreement Between DOT and Carter Center for Roadside Park Area.. SR 226

CARTERSVILLE BUSINESS AND PROFESSIONAL WOMEN'S CLUB; commend. .................... SR 358

CARTERSVILLE, CITY OF

Property Conveyance; lease of certain railroad depot tracts.

HR 122

Recognition; The 100 Best Small Towns in America. ......................... SR 163

CARTERSVILLE MAYOR ALEX DENT; introduced, remarks

Page 406

CASINO GAMBLING; School Organizations Using Proceeds to Benefit Students; licensing. ............ SB 140

CATES, MS. SARAH; GA Women in Sports Association; introduced ........ Page 183

CATOOSA COUNTY Board of Education; reconstitute; composition and elections. ................. HB 363 Board of Utilities Commissioners; additional compensation. ................. HB 1058 County Manager; qualifications; compensation; clerical assistants............. HB 1061 Probate court; judge and clerical help; compensation. ...................... HB 1057 Tax Commissioner; increase clerical allowance............................... HB 935

CAVE SPRING SCHOOL FOR THE DEAF; students introduced

Page 558

CEDARTOWN, CITY OF; Designate; Syble W. Brannan Parkway; Cedartown Bypass.......................................................... SR 69

CELLULAR RADIO TELEPHONES; unlawful to intercept communications. ......................................................... HB 139

CEMETERIES

Funeral Directors, Embalmers; licensure; renewal; annual training.

HB 223

Registation; exempt historical nonperpetual care cemeteries. ................. HB 641

CERTIFICATE OF NEED (Also See Health Care Facilities)

Exemption; hospitals in certain counties restoring bed capacity.

SB 257

Hospitals; approval; projects financed by Georgia Housing and Finance

Authority. ............................ HB 142

Rural Community Hospitals; acute care; exception to requirements.

SB 334

CHAMBLEE, CITY OF; mayor, council; powers; personnel; office of city manager............................................................. HB 388

CHAPLAINS OF THE DAY Brinson, Dr. Tracy ...................................................... Page 292 Callaway, Reverend Earl................................................. Page 894 Clounds, Pastor Glenn .................................................. Page 452 Davidson, Reverend James Patrick ....................................... Page 196 Dodson, Dr. Malone.................................................... Page 1092

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JOURNAL OF THE SENATE

CHAPLAINS OF THE DAY (Continued) Evans, Pastor Gene .................................................... Page 1582 Floyd, Dr. Ed ......................................................... Page 1377 Fullington, Reverend Doug .............................................. Page 383 Green, Dr. Robert ...................................................... Page 783 Hoffman, Pastor Buddy ................................................. Page 178 Jones, Reverend Frederick ............................................... Page 104 Keene, Dr. Kenneth..................................................... Page 486 Langford, Senator Arthur...................................... Pages 13, 1307, 1956 Lawrence, Reverend Gary .............................................. Page 1182 Louttit, The Reverend Henry Jr. ......................................... Page 118 May, Rector Scott ...................................................... Page 970 Miller, Pastor Edmund .................................................. Page 136 Minnix, Dr. Mike ....................................................... Page 756 Page, Dr. Frank S. ...................................................... Page 580 Price, Dr. Christopher A. ................................................. Page 69 Richardson, Dr. Joel .................................................... Page 541 Ricketson, Dr. Rushton................................................... Page 51 Salter, Dr. Ed .......................................................... Page 820 Scott, Reverend Dan .................................................... Page 154 Smith, Reverend Glenn.................................................. Page 344 Spraggins, Pastor Liz. ................................................... Page 646 Vaughn, Reverend Bruce ............................................... Page 1230 Waldo, Reverend Andrew................................................ Page 318 Wilkerson, Reverend Charles............................................. Page 220 Willis, Dr. Bill.......................................................... Page 707 Winn, Reverend Mark.................................................... Page 80 Woods, Reverend Wayne ................................................ Page 406 Wright, Reverend Bryant................................................ Page 857 Wright, Reverend J.S. ................................................... Page 621 Wyatt, Reverend John ................................................. Page 1033 York, Reverend David.................................................. Page 1715

CHARITABLE ORGANIZATIONS (See Corporations or Nonprofit Organizations)

CHARTER SCHOOLS

Grants; petitions; performance-based contracts; criteria; terms. ................. SB 74

Grants; requirements; organization and operation of; contracts.

..... SB 79

CHATHAM COUNTY Certain County Officials; increase minimum salaries. ......................... SB 390 Coastal Area (Olympic) Games Authority; creation; powers; membership........ SB 145 Eastern Judicial Circuit; superior court; judges; salary supplement. .......... HB 1038 Intergovernmental Council; repeal......................................... HB 1133 Magistrate Court; chief magistrate; nonpartisan nomination, election. ......... HB 931 Probate Court; judge; nonpartisan nomination and election................... HB 932 Property Conveyance; City of Tybee Island; renourish beach area. ............. SR 121 Property Conveyance; deed to Goodwill Industries of Coastal Empire. ......... SR 120 Property Conveyance; easements; Waters Avenue Widening; to owners of structures on river bottoms............................................... SR 127 Recorder's Court; chief judge; designation. ........:........................ HB 743 Savannah-Chatham County Anti-Drug Commission Act; repeal. ............. HB 1123 State Court; judges; compensation. ........................................ HB 657 Superior Court; clerk; minimum compensation. ............................ HB 1083

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2323

CHATMON, THOMAS; commend. ......................................... SR 362

CHATTAHOOCHEE RIVER; Power Boats, Skis, Aquaplanes, Surfboards; restriction on use of. ....................................................... SB 16

CHATTAHOOCHEE VALLEY TRAIL SCENIC HIGHWAY; designate in six SW counties. ................................... SR 232

CHECKS USED IN FINANCIAL TRANSACTIONS Bad Checks; progress payments; labor, services; shipped merchandise. ......... SB 223 Bad Checks; ten-day time period to tender payment in cash. ................ HB 584 Revocation of Special License Plates Upon Return of Personal Check. ........ HB 320

CHEROKEE COUNTY; ratify transfer into Atlanta Regional Commission. . HR 64

CHEROKEE COUNTY PTA; commend..................................... SR 181

CHEROKEE OF GEORGIA TRIBAL COUNCIL; official American Indian tribe.............................................................. HB 265

CHESNUT, GREGORY THOMAS, EAGLE SCOUT AWARD; commend. SR 103

CHESNUT, J. DAVID; commend.................... SR 194

CHESNUT, JEFFREY HAMILTON, EAGLE SCOUT AWARD; commend. ................................................................ SR 104

CHICKAMAUGA, CITY OF; Board of Education; election method; terms. HB 619

CHILD ABUSE (Also See Minors or Crimes)

Child Abuse Prevention Panel; fatality reviews; sexual abuse denned. ............ SB 1

Children at Risk Study Committee; protective services funding. ............... SR 313

Deprived Children; placement or custody changes; judicial review. ............... SB 3

Records; access by school personnel counseling students...................... HB 333

Reports to Grand Jury; prevention measures taken within county.

.... SB 1

Sexual Abuse; definitions; reports; fatality review subcommittees................. SB 1

Statewide Child Abuse Prevention Panel; rename; membership; duties. ........ SB 234

Victims; prosecution for murder or manslaughter of abuser; defense.............. SB 3

CHILD CARE (Also See Day Care Centers)

Employer Disclosing Person's Job Performance; prospective employers. ........ SB 175

Employer On-Site Day Care for Workers; committee to study issues. .......... SR 332

Georgia Child Care Council; continued existence; appointed members.

SB 197

CHILD CUSTODY

Deprived Children; placement plans, custody changes; judicial orders............. SB 3

Disputes; award of temporary custody pending final judgment. ................ SB 269

Seminar for Parents Where Interests of Children are Involved.

.... SB 63

CHILD NUTRITION EMPLOYEE APPRECIATION DAY; designate.

SR 295

CHILD SUPPORT (Also See Domestic Relations)

Alimony Payments; grounds to modify; cohabitation with third party. ......... SB 277

Amounts Recovered for Public Assistance Recipients; court costs. ............. SB 268

Contested Cases; actions to estabish paternity; genetic test results. ............ SB 148

Delinquent Support; collection from lottery winnings; procedures. ............. SB 104

Divorce Cases; court shall render judgement; procedures. ..................... SB 174

Divorce Cases; when court render judgment without verdict of jury. ........... SR 141

Enforcement; wage withholding; income deduction orders; conditions.

HB 261

Paternity Cases; evidence; parentage-determination genetic testing. ............ HB 90

Public Assistance; recipients; parties to recovery tort actions; legal notice to

Department of Medical Assistance. ....................................... SB 249

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2324

JOURNAL OF THE SENATE

CHILDREN (See Minors)

CHILDREN & YOUTH SERVICES DEPARTMENT

(Also See Juvenile Proceedings)

Apprehending Delinquent children; authority of staff peace officers.

HB 299

Apprehending Runaway Youth; police powers of investigative staff. ........ HB 296

Contract Homeparents; insurance, liability, property damage. ................ HB 294

Criminal Justice Coordinating Council; change membership of. ............... HB 882

Delinquent Children; probation condition; serve in boot camp program. ....... . SB 150

Juvenile Courts; supervision fees; use for mediation services. .................. SB 358

Juvenile Intake, Probation Services; Richmond County; transfer

state-wide system. ...................................................... SB 366

Juvenile Law Enforcement Records; disclosure to school personnel. ............ SB 122

Juveniles Committing Felony Crimes; courts notify school officials. ............ SB 132

Probation Officers; detention or custody of child under supervision. .......... HB 306

Property Conveyance; Cobb County; YDC; exchange, accept land tract. ........ SR 233

CHILDREN AT RISK STUDY COMMITTEE.

SR 313

CHIROPRACTORS; scope of practice; certain nonprescription items. ........... SB 61

CHURCH OF GOD IN CHRIST NATIONAL SCHOOL, MUSIC CONVENTION; recognize. ................. SR 365

CHURCHES; prohibit alcoholic beverages sales within certain distance.......... SB 301

CITIES (See Municipalities or Local Government)

CITIZENS CHRISTIAN ACADEMY BASKETBALL TEAM; commend. SR 323

CIVIL ACTIONS (Also See Civil Practice or Torts or Courts) Commercial Real Estate Broker; compensation due; lien rights................ HB 523 Court-annexed or Referred Alternative Dispute Resolution Act. .............. HB 143 Court Reporters; certification; qualifications; taking depositions. .............. HB 489 Dismissal for Want of Prosecution; reduce time period to 3 years. .............. SB 32 Dispossessory Proceedings; writ of possession against tenant.................. HB 337 Election Law Violations; civil penalties; prosecution; costs..................... SB 215 Elections, State Board; fraud, irregularities; civil penalties.................... HB 298 Evidence; expert witnesses; certain state agencies; no compensation. ........... SB 229 Food Producers, Marketers or Sellers; recovery of damages; disparagement of food product safety. ................................................. HB 124 Immunity From Civil Liability; certain employers disclosing person's job performance. ........................................................... SB 175 Judgment Liens; when property is discharged; purchaser possession. ........... HB 72 Liens Upon Land; certificate of discharge of a federal tax lien. ................. SB 85 Magistrate Courts; default judgments; practices and procedures............... HB 327 Product Liability Cases; confidential settlements; public disclosure. ............ SR 292 Property Tax Assessment; taxpayer appeals; jury trial; cost recovery. .......... SB 296 State Courts; demands for trial by jury; change provisions. .................... SB 62 Tort Actions; violations of Roller Skating Safety Act. ....................... HB 140 Torts; immunity; dental students under academic supervision. ................ SB 165 Torts; parties to recovery actions; medicaid recipients; notices. ................ SB 249 Torts; wrongful death actions behalf of child; recovery; disposition. ............ SB 173

CIVIL DEFENSE (See Emergency Management or Military Affairs)

CIVIL PRACTICE (Also See Courts) Code Revision; Title 9; correct errors and omissions. ........................ HB 145 Judgment Liens; when property is discharged; purchaser possession. ........... HB 72

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CIVIL WAR HISTORY, PRESERVATION OF SITES; state commission to coordinate. .................................................. SR 21
CLARKE CENTRAL HIGH SCHOOL 1992 FOOTBALL TEAM; commend. ................................................................ SR 178
CLARKE COUNTY Athens-Clarke County Board of Elections and Registration; reorganize. ....... HB 735 Athens-Clarke County; commission districts; composition; audit report. ........ HB 11 Board of Education; election districts; reapportion; terms; audits............... HB 12 District Attorney; repeal certain paid staff positions. ........................ HB 453 Juvenile Intake and Probation Services; transfer state-wide system........... HB 1043
CLARKE, HAROLD; Supreme Court Chief Justice; address joint session ..... Page 69
CLARKSTON HIGH SCHOOL FOOTBALL TEAM AND COACH ROY SPARKS; commend............... SR 188
CLARY, WILLIAM C., JR.; recognizing. ................ SR 50
CLAY COUNTY Board of Commissioners; election districts; reapportion. ...................... HB 16 Board of Education; election districts; reapportion; chairperson. ............... HB 15 Chief Magistrate; deputy clerk of superior court. ..................... HB 1048 Designate; Chattahoochee Valley Trail Scenic Highway on S.R. 39. ....... SR 232
CLAY, GENERAL LUCIUS D.; designate Memorial Parkway on South Cobb Drive. ............................................. SR 158
CLAYTON COUNTY Ad Valorem Taxes; homestead exemption; elderly residents; referendum. .... SB 219 Board of Commissioners; chairman; compensation. ........................... SB 178 Board of Commissioners; election districts; change composition. .............. HB 830 Board of Education; appointment of school superintendent.................... SB 177 Board of Education; election districts; change composition. .................. HB 831 Commission on Children and Youth; annual report; termination date.......... HB 636 Deputy Tax Commissioner; civil service benefits.............................. SB 218 District Attorney; Clayton Judicial Circuit; salary supplement. ................ SB 181 Elected Officials and Employees; retirement; benefits. ........................ SB 220 Magistrate Court; chief magistrate; partisan election. ......................... SB 221 Probate Court; judge; change compensation. ................................. SB 183 Sheriff; annual salary. .......................... SB 182 State Court; judges; change compensation. .................................. SB 180 State Court; solicitor; change compensation. ................................. SB 185 Superior Court; judges; county salary supplement. ........................... SB 179 Superior Court; official court reporters; change compensation. ................. SB 184
CLAYTON JUDICIAL CIRCUIT District Attorney; salary supplement; Clayton County......................... SB 181 Superior Court; judges; salary supplement; Clayton County.................... SB 179 Superior Court; official court reporters; change compensation. ................. SB 184
CLERGYMAN, PRIESTS; sacrament services to jail inmates; use of alcohol.... HB 29
CLINICAL LABORATORIES; forms for ordering tests; billing practices. ... SB 345
CLINTON, BILL, PRESIDENT International Trade Agreements Effecting Peanut Growers; relative to.......... SR 237 Urge U.S. Immigration Policy Restricting HIV Infected Persons Entry. ..... SR 214
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2326

JOURNAL OF THE SENATE

COASTAL AREA GAMES AUTHORITY ACT; enact; provide abolition date. ............................. SB 145

COASTAL ISLANDS AND MARSHLANDS Jekyll Island; restrict development; 65% land area; survey; maps. ............. SB 336 Saltwater Recreational Fishing and Charter Boat Fishing; licenses. .SB 272 Tybee Island; easement to City; east shoreline beach renourishment............ SR 121

COBB COUNTY

Ad Valorem Taxes; homestead exemption; certain residents at age 70. ........ HB 481

Ad Valorem Taxes; homestead exemption; certain residents; referendum........ SB 195

Airports, Landing Fields; commercial expansion; counties of 400,000. ........... SB 94

Bid for 1996 Olympic Women's Fast-pitch Softball Event; endorsing. ....... SR 191

Board of Commissioners; qualifying other position; filling vacancies. .......... HB 621

Board of Commissioners; vacancies; members qualifying another office.......... SB 325

Board of Commissioners; vacancies; qualifying other elected position. .......... SB 286

Board of Elections and Registration; members; residency requirements.

.SB 392

Civil Service System; members; terms to expire in odd-numbered years. ....... SB 391

Cobb County Stadium Authority; members; appointment; terms.

....... SB 388

Cobb Education Consortium; commend...................................... SR 235

Cobb-Marietta Coliseum and Exhibit Hall Authority; members; residency;

ethics code; facility name, Cobb Galleria Centre. .......................... HB 557

Cobb-Marietta Coliseum and Exhibit Hall Authority; members; terms. ......... SB 389

Cobb Police Department; community partnership program; recognize........... SR 224

Cobb Year 2000 Commission; selection of members. ......................... HB 682

Commission on Children and Youth; membership; extend to July 1, 1996...... SB 285

Designate; General Lucius D. Clay Memorial Parkway; South Cobb Drive. . . . SR 158

Elected Officials' Compensation Review Commission; creation. .............. HB 1085

Neighborhood Cobb Approach to Community Problems; commend. ............ SR 245

Neighborhood Cobb Community Organization; commend. ..................... SR 197

Office of Sheriff; vacancies; chief investigator qualifications. ................. HB 1082

Property Conveyance; easement for transportation thoroughfare. .............. SR 207

Property Conveyance; easement for transportation thoroughfare. .............. SR 208

Property Conveyance; Regional YDC; exchange of property. .................. SR 233

South Cobb Development Authority; additional members; property tax

exemption of authority.................................................. HB 983

Superior Court; Cobb Judicial Circuit; additional judge. ....................... SB 31

CODE OF GEORGIA Elected Boards of Education and Appointed Superintendents; statutorily implement certain changes. ............................................. HB 300 Elections; Code Title 21; correct errors and omissions........................ HB 146 Georgia Tax Laws; incorporate federal laws enacted on or before 1993. ....... HB 218 OCGA; revisions, modernizations; reenact statutes; various titles; motor fuel tax requirements, DOT powers to enforce................................. HB 145 Retirement and Pensions, Code Title 47; correct errors. ..................... HB 144 State Constitution; statutes, amendments; public initiative petition. ........... SR 151

COFFEE HIGH SCHOOL WRESTLING TEAM; commend.

SR 307

COLISEUMS; Public Authorities; sales of alcoholic beverages; conditions. ....... SB 14

COLLEGES AND UNIVERSITIES (Also See Education or Unviersity System) Librarians; professional certification; accredited master's degree................. SB 67 Loans, Scholarships; use of local school funds; repayment method............. HB 429 Nonpublic Postsecondary Educational Institutions; administration of. .......... SB 308 Postsecondary Courses Taken by Secondary Pupils; funding provisions. ........ SB 369 Research Records; subjects identities; public disclosure exclusion.............. HB 522

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COLLEGES AND UNIVERSITIES (Continued) Sign Language; urge Board of Regents grant foreign language credit. .......... SR 128 Student Athletes; redefine; registration of athlete agents. .................... HB 462 Student Loan Programs; urge lender flexibility in administering. .............. SR 147 Teacher Education Programs; urge ethics, professionalism training. ............. SR 60 Technical Institutes; committee to study formula-based funding. .............. SR 267

COLLINS, DAVID BRIAN, EAGLE SCOUT AWARD; commend.

SR 34

COLLINS, MRS. WILMA, BAXLEY-APPLING COUNTY CITIZEN OF YEAR; commend. .............................................. SR 40

COLQUITT COUNTY Board of Commissioners; election districts; reapportion; terms. ............... HB 774 Board of Education; election districts; reapportion........................... HB 776

COLUMBIA COUNTY Board of Commissioners; election districts; reapportion. ....................... SB 22 Board of Education; election districts; reapportion; terms. ..................... SB 21 Board of Education; members; increase compensation....................... HB 1037 Board of Elections Created by 1979 Act; abolish. ............................ SB 102 Board of Elections; creation; powers; duties; composition. ...................... SB 23 Board of Elections; creation; powers; duties; jurisdiction; members. ............ SB 379 Dixie Boys All-Star Baseball Team; commend................................. SR 61 Probate Court Judge, Tax Commissioner, Superior Court Clerk; compensation. ........................................................ HB 1089 Superior Court; judges; salary supplement. .................................. SB 254 Superior Court; judges; salary supplement. ................................ HB 1023

COLUMBUS, CITY OF Columbus-Muscogee County Consolidated Government; creation. ............. HB 634 Columbus-Muscogee County Government; salary supplements. .............. HB 1002

COMMEMORATIVE RESOLUTIONS

Amend Rules of Senate; General Consent Calendar; naming landmarks. ........ SR 165

Bobby Joe Whitworth Probation Center; urge rename Hart County Center. .... SR 304

Bobby Joe Whitworth Probation Center; urge rename Hart County Center. . SR 354

Designate; Bobby Jones Crosswalk; Route 49, Shurling Drive, Macon........... SR 231

Designate; Chattahoochee Valley Trail Scenic Highway in southwest Georgia;

R. G. Daniell, Sr., Memorial Highway in Candler County. .......... SR 232

Designate; Clark Harrison State Office Building in Decatur.

........ SR 248

Designate; Dick Lane Bridge; highway to honor Lt. Harold Durham........... HR 400

Designate; Floyd L. Norton Bridge; Jefferson County. ....................... HR 119

Designate; Freeman V. Horner Medal of Honor Highway on S.R. 219. ...... SR 234

Designate; General Lucius D. Clay Memorial Parkway; South Cobb Drive. . . . . . SR 158

Designate; General Ron Griffith Highway on S.R. 136 at LaFayette. ........ SR 228

Designate; Judge W. A. Foster, Jr. Bridge; Paulding County.................... SR 68

Designate; Lanette 0. Faulk Memorial Bridge; Wayne Garner Parkway........ HR 134

Designate; Lt. Harold Durham Medal of Honor Highway; Tift County. ..... SR 251

Designate; Phillip M. Landrum Memorial Highway, portion of 1-575. ..... HR 55

Designate; Syble W. Brannan Parkway; Cedartown. ........................... SR 69

Designate; Veterans Memorial Highway; Haralson County. .................... HR 88

Designate; Walter L. Hardin Bridge; over Walnut Creek in Macon. ......... SR 230

COMMERCE AND TRADE (Also See Professions and Business or Selling Practices) Advertising Merchandise or Services; notice of limited availability. ............ HB 76 Agency Relationships; conditional power of attorney; validity. ................. SB 171

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2328

JOURNAL OF THE SENATE

COMMERCE AND TRADE (Continued)

Agricultural Dealers; fresh produce; certificate of receipt and quality;

time limitation for payment to producer.................................. HB 341

Agricultural Products; commercial markets; inspection, certification. ............ SB 18

Alcoholic Beverages; distilled spirits; unpaid taxes; unlawful sales. ............ HB 552

Alcoholic Beverages; increase license fees, excise taxes; purpose. ............... SB 228

Alcoholic Beverages; retail dealers; signs advertising the lottery. ............... SB 206

Alcoholic Beverages; sales by North Georgia Mountains Authority. ........... HB 651

Alcoholic Beverages; sales near churches, schools, treatment centers. ........... SB 301

Alcoholic Beverages; sales on Sunday; prohibit employee consumption. ....... SB 314

Alcoholic Beverages; wholesale dealers; taxes paid, stamps purchased;

credits or refunds; vehicles used for wine deliveries. ....................... HB 551

Auctioneers; licensure; qualifications; reciprocity; violations. .................. HB 826

Automobile Repair Shops; insurers prohibited certain acts. .................... SB 47

Bad Checks; progress payments; labor, services, shipped merchandise. ........ SB 223

Bank or Trust Company; affiliates transfer of fiduciary capacities. ............. SB 346

Banking Industry; regulatory compliance costs; urge reduction of. .............. SR 67

Banks; special interest or credit card bank; conditions for approval. ........... SB 347

Bingo; operation of recreational games at business establishments.............. SB 24

Business, Occupation Taxes, Regulatory Fees; local levies;

comprehensive revisions................................................. HB 362

Businesses Locating in High Unemployment Areas; job tax credit............. HB 536

Child Care; Georgia Child Care Council to monitor businesses. ................ SB 197

Cigarettes, Tobacco Products; sales, free samples, vending machine sales;

penalties for distribution to minors under age 18. .......................... SB 222

Code Revision; Title 10; correct errors and omissions. ....................... HB 145

Construction Industry; roofing contractors; licensing; regulation of. ........... SB 190

Consumer Complaints; driver improvement clinics. ........................... SB 231

Consumer Crimes Against Elderly or Disabled; deceptive practices. ........... HB 193

Consumer Crimes Against Elderly or Disabled Persons; penalties. ......... SB 295

Consumer Solicitation; element of chance promotional offers;

deceptive practices; complaints. .......................................... SB 231

Contracts; property improvement construction; preserving rights, certain

parties under payment bond, security deposit. ............................ HB 545

Contractural Rights; payments of federal manufacturer's excise tax. .......... HB 797

Corporations; execution of written instruments creating an agency. ........... HB 515

Corporations; incorporation, charter, bylaws, mergers; code revision. ........ HB 149

Credit Repair Services; regulation of advertising; practices. ................... SB 157

Defense Conversion Strategies Study Committee; economic impact. ............ SR 289

Economic Development Investment Incentives; committee to study............. SR 333

Employer Child Care Issues; committee to study options, problems. ....... SR 332

Employment Reports to State Child Support Registry; employers duty. ........ SB 269

Financial Institutions; documents; reports; directors' liability; automated teller

machines; insured deposits; holding companies. ............................ SB 355

Firearms Dealers; purchaser warning; negligent storage penalties. .............. SB 247

Firearms Dealers; retail; purchaser warning; criminal storage.

......... SB 360

Firearms Dealers; retail; purchaser warning; criminal storage offense. ....... SB 68

Firearms Dealers; retail sales; purchaser background check; persons ineligible

with certain criminal, mental histories...................................... SB 12

Food Producers, Marketers, Sellers; recovery of damages; false information

as to product safety. ................................................... HB 124

Georgia Limited Liability Company Act; enact. ............................. HB 264

Georgia Motor Vehicle Franchise Practices Act; enact........................ HB 454

Goods, Services Produced by Disabled Persons; state contracts. ............... SB 372

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2329

COMMERCE AND TRADE (Continued)

Home Health Care Services; unlicensed; deceptive advertising. ............... HB 335

Horticultural Growing Media Act; product registration; labeling............... HB 421

Insurance; agents; business premises; licensure display certificates.............. HB 77

Insurance; counselors; ancillary services for commercial risks; fees.

HB 540

Insurers; domestic stock, mutual insurers; payment of dividends.

HB 949

Landscape Architects; licensure; qualifications; design services.

HB 714

Lease Contracts; transactions creating security interest; regulate. ............. HB 395

Lenders, Brokers; residential mortgage businesses; regulation of................ SB 106

Lenders; loans secured by residential property; fees, interest rates. ............ SB 105

Licenses, Fees; functions of Office of Treasury and Fiscal Services. ............ SB 162

Malt Beverages Produced for Home Consumption; license exemption.......... HB 197

Manufacturers; wheelchairs; warranty nonconformities; consumer rights.......... SB 11

Minority Business Enterprise Development; redefine eligible persons.

SB 291

Minority Businesses; disparity in participation in state contracts............... SR 146

Minority Participation in State Contracts; bid opportunities.

SB 207

Minority Participation in State Contracts; procurement process.

SB 134

Mortgage Lenders, Brokers; residential licensee; regulations; fraudulent

practices; penalties. .................................................... HB 237

Motor Fuel Distributors; compressed natural gas; measure by gallon. .......... SB 141

Motor Fuel Tax Laws; interstate, international shipments; reports. ........... HB 630

Motor Vehicle Distributors; special vehicle license plates; fees. ............... HB 116

Motor Vehicle Fuel; compressed natural gas; measurement; excise tax.

HB 928

Motor Vehicle Fuel; compressed natural gas; permit fees. .................... HB 386

Partnerships, Corporations, Limited Liability Companies; income tax;

distributions subject to withholding. ..................................... HB 384

Partnerships, Corporations, Limited Liability Companies; real estate

transactions; withholding income tax. .................................... HB 385

Private Firms Reviewing State Agency Program Operations. .................... SB 5

Private Operators of Public Transportation Facilities, Projects................. SB 328

Privatization; delivery of mental health services.

SB 49

Privatization; Local Government Efficiency Act. ............................. HB 83

Privatization; mental health delivery of services. ............................ HB 100

Privatization; projects of certain park authorities. ........................... HB 941

Privatization; promote management of certain state facilities. ................ HB 651

Privatization; transfer public sector activities to private sector.

SB 260

Privatizing Functions of State Agencies; review commission. .................. SB 260

Product Liability Cases; Sunshine in Litigation Study Committee. ............. SR 292

Professions, Businesses Licensed by State; applicant question; history of

sanctioned, revoked or suspended licenses. ................................ SB 108

Public Records; disclosure; commercial purposes; agencies not required

prepare records not in existence. ........................................ HB 246

Real Estate Sales; residential; amenities; misrepresenting ownership. ........... SB 194

Real Estate Transactions; brokerage relationships; regulation of................ SB 227

Retail Businesses; after-disaster price increases prohibited.................... HB 173

Roller Skating Centers; safety standards; duties, liabilities of skaters,

spectators or operators; damage actions................................... HB 140

Sales of Assistive Technology Devices to Disabled Persons; consumer

rights, remedies; manufacturers or dealers. ................................ HB 93

Sales of Industrial Grade Nitrous Oxide; air products suppliers. ...

HB 374

Sales of Pulpwood and Timber; weights; basis of tonnage or pounds.

HB 360

Sales Representatives; violations against elderly, disabled persons. ............. SB 295

Sales Tax; exemption; certain agricultural commodities, truck crops. .......... HB 786

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JOURNAL OF THE SENATE

COMMERCE AND TRADE (Continued)

Security Interests; farm products of debtor; commission merchants;

recording, filing requirement.

HB 244

State Use Council; creation; procurement of certain goods, services............. SB 372

Supermarket, Grocery Stores; polling places; alcoholic beverage sales. .SB 95

Ticket Agents; service charges on amusement, entertainment admission. ....... SB 309

Tire Dealers, Distributors; scrap tire disposal restrictions; fees.

HB 257

Trade Secrets; offense of theft; expand definition; penalties.

SB 224

Trademarks and Service Marks; registration by boards of education........... HB 538

Transient Merchants; business license fees fixed by county. .................. HB 661

Uniform Commercial Code; lease transactions; comprehensive revisions. ....... HB 395

COMMERCE, CITY OF Board of Education and School System; reconstitute......................... HB 152 School Superintendent; selection; term. .................................... HB 872

COMMERCIAL CODE

Secured Transactions; collateral; priority of crop production loans. ............ HB 75

Secured Transactions of Landowner; sharecropping agreements.

HB 73

COMMERCIAL REAL ESTATE BROKER LIEN ACT; enact.

HB 523

COMMISSION ON THE PRESERVATION OF THE STATE CAPITOL; creation....................................................... SB 225

COMMISSIONS, BOARDS

Administrative Procedure; contested case proceedings.......................... SB 77

Asbestos Licensing Board; powers; employee training; certification.

SB 135

Automobile Repair Shops; commission to study certification, licensing. ..... SR 93

Board of Community Affairs; regional development center boundaries;

ratify certain transferrals................................................. SR 238

Board of Community Affairs; regional development center boundaries;

ratify certain transferrals................................................ HR 360

Board of Court Reporting of the Judicial Council; powers.

SB 356

Board of Court Reporting of the Judicial Council; qualifications. ............. HB 489

Board of Natural Resources; membership; privatization of facilities.

HB 651

Board of Public Safety; urge review career concerns of personnel. ............. SR 319

Board of Workers' Compensation; cases on appeal; law judges review.

HB 677

Budgets; continuing appropriations; reports due General Assembly. ............. SB 60

Child Abuse Prevention Panel; membership; duties; annual report.

SB 234

City of Atlanta Charter Review Commission; creation; composition............ HR 197

Civil War Commission; creation.............................................. SR 21

Commission on the Preservation of the State Capitol; creation.

SB 225

Council for School Performance; creation as independent entity. ............... SB 73

Criminal Justice Coordinating Council; members; reduce number of.

HB 882

Education Accountability and Evaluation Commission. ...................... HR 398

Education, State Board; members; public hearings; notice requirements.

SB 45

Elections, State Board; duties; powers; enforcing laws or rules. ............... HB 298

Elections, State Board; duties; violations of laws and rules; orders.

SB 215

Ellis G. Arnall Tribute Commission. ........................................ SR 156

Employees; disclosing waste, fraud, or abuse without reprisal.

SB 89

Employees; disclosure of fraud, waste, abuse without reprisal. ................. HB 49

Georgia Auctioneers Commission; ethics code; licenses; investigator.

HB 826

Georgia Board of Dentistry; change name; include dental hygienists.

SB 305

Georgia Board of Landscape Architects; additional member.

HB 714

Georgia Child Care Council; continued existence; appointed members.

SB 197

Georgia Commission on Dispute Resolution; program costs guidelines. ........ HB 143

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INDEX

2331

COMMISSIONS, BOARDS (Continued)

Georgia Commission on Women; member expenses; agency assignment.

HB 68

Georgia Crime Victims Compensation Board; awards; maximum amount.

HB 690

Georgia Historical Records Advisory Board; creation.......................... SB 271

Georgia Music Hall of Fame Authority; members; expenses and travel.

HB 885

Georgia Sports Hall of Fame; appointment of additional members.

SB 304

Governor's Development Council; private sector members; attach to Office

of Planning and Budget................................................... SB 29

Grant Award Practices; Fair and Open Grants Act of 1993. ..................... SB 4

Grant Award Practices; Fair and Open Grants Act of 1993; enact. ............. SB 335

Hearing Impaired Persons; study creating entity to address concerns.

SR 109

Historic Chattahoochee Commission; interstate compact; members. ............ SB 191

Houston County Efficiency in Governmental Services Commission. ............ SR 250

Indigent Defense Council; additional members; personnel requests. ........... HB 284

Joint Study Commission on Revenue Structure; re-creating..................... SR 44

Legislative Information Management, Joint Commission. .................... HR 332

Liens for Moneys Due; debt collection from lottery prize winnings.

SB 104

Nonpublic Postsecondary Education Commission; change organization of.

SB 308

Older Worker Task Force; retraining, reemployment issues; study of.

SR 131

Privatization Review Commission; create; powers, duties, authority.

SB 260

Public Service Commission; revise organizational structure; powers.

SB 250

Purchasing Building Materials, Fixtures Based on Life Cycle Costs. ........... SB 192

Saltwater Recreational Fisheries Advisory Commission; creation. .............. SB 272

State Board of Pharmacy; repeal rule relating to patient counseling. ........... SB 332

State Commission on Mental Health, Mental Retardation, and Substance

Abuse Service Delivery; duties; extend to 1994. ........................... HB 100

State Commission on Mental Health, Mental Retardation and Substance

Abuse Service Delivery; change duties; membership.......................... SB 49

State Flag Design Commission; creation; public hearings; membership.

SB 186

State Forestry Commission; volunteer service programs; operation of. ........... SB 51

State Housing Trust Fund for Homeless Commission; members; powers. ...... HB 293

State Library Commission; public documents; transferral of functions.

HB 463

State Use Council; creation; organization, powers, authority. .................. SB 372

Stationery Used for Correpondence; response telephone numbers. .............. SB 70

Stationery Used for Correspondence; printed telephone, FAX numbers. ........ HB 82

Workers' Compensation; reporting fatal occupational injuries data.

SB 103

World Congress Center Authority; hiring practices; requirements.

SB 39

COMMITTEES Senate Standing; appointed ............................................... Page 22 Senate Standing; membership changes .................................... Page 527

COMMITTEES, STUDY (Also See Commissions, Boards)

Automobile Repair Shops; commission to study certification, licensing. .......... SR 93

Budgetary Responsibility Oversight Committee; creation; members. ............ HB 41

Capital Outlay for Education Task Force. ..................................... SR 8

Check Dams for Satilla, Altamaha, Ocmulgee, Oconee, Flint, and

Alapaha Rivers........................................................... SR 19

Childhood Lead Poisoning Study Committee................................. SR 136

Children At Risk Study Committee. ........................................ SR 313

Defense Conversion Strategies Study Committee. ............................ SR 289

Economic Development Incentives Study Committee.

SR 333

Education; Study Committee for a Seamless Education System.

SR 222

Elder Abuse Task Force. .................................................. SR 152

Electrology Study Committee................................................ SR 55

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2332

JOURNAL OF THE SENATE

COMMITTEES, STUDY (Continued)

Employer Child Care Issues Study Committee. .............................. SR 332

Emus Birds; commercial production, farming; urge feasibility study. ........... SR 330

Energy Qualifications and Overview Committee; establishment of. ............. SB 250

Fulton County Recreation Study Commission. .............................. HR 374

Governor's Advisory Committee on Community Employment at the

World Congress Center.

............................ SB 39

Interstate Rail Passenger Advisory Council; participating states............... HB 966

Joint Boundaries of Regional Development Centers Study Committee. ........ HR 118

Joint Committee on State and Local Bonded Indebtedness. .................... SR 37

Joint Regional Hospital Study Committee. .................................. HR 16

Joint Steering Committee for Georgia General Assembly's Conference on

Access to Health Care. ................................ HR 242

Joint Study Commission on Revenue Structure; re-creating.................... HR 91

Joint Study Committee on Creation of a State Department, Commission or

Agency of the Deaf and Hard of Hearing. ................................. SR 109

Joint Study Committee on Sludge; disposal methods; pollution.

HR 66

Lead Poisoning Prevention Study Committee. .............................. HR 180

Legislative Information Management, Joint Commission.

HR 332

Migrant and Seasonal Farm Workers Access Health Care Study Committee. SR 336

Music Industry Committee and Citizen's Advisory Council. ................... SR 117

Older Worker Task Force. ................................................. SR 131

Postsecondary Technical and Adult Education Finance Study Committee....... SR 267

Privatization of Certain Governmental Services, Joint Study Committee. ........ SR 66

QBE; urge appointment of task force to review program formula. ............. SR 183

Reform of QBE Comprehensive Evaluation of Schools Requirements. .......... SR 215

Regulation of Tattooing Equipment and Health Risks Study Committee........ SR 198

Standing Committees; members; travel expenses paid by lobbyists.

.... SB 118

State Contracts; disparity in participation by minorities; study of. ............. SR 146

Storm-Water Pollution Study Committee. ................................... SR 252

Study Committee on School Evaluation. .................................... SR 217

Sunshine in Litigation Study Committee. ................................... SR 292

Task Force on Educational Outcomes Based Flexibility. ........................ SR 7

Tax Revenue; re-create Joint Study Commission on Revenue Structure. .... SR 44

University Systems Labs, Equipment, and Technology Study Committee. ....... SR 18

Wildlife Protection Study Committee. ...................................... SR 259

Year-round Education Study Committee...................................... SR 39

COMMUNITY AFFAIRS DEPARTMENT

Commissioner; duties; designation of high unemployment, poverty areas;

businesses allowed job tax credit......................................... HB 536

Commissioner; membership; State Use Council.

... SB 372

Duties; certification; minimum standards for active municipalities.............. HB 84

Duties; comprehensive solid waste reduction plans; review process. ........... HB 257

Duties; efficiency assessments of local governments; grant program. ............ HB 83

Regional Development Centers; ARC; ratify transfer of Cherokee County. ... HR 64

Regional Development Centers; boards; composition; powers; executive

director; employees; political activities.................................... HB 753

Regional Development Centers; boundaries; transfer certain counties.

SR 238

Regional Development Centers; boundaries; transfer certain counties. ......... HR 360

Regional Development Centers; boundary lines; planning; study of.

HR 118

Upper Savannah River Development Authority; jurisdiction; geographic,

operational; projects; members........................................... HB 941

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INDEX

2333

COMPENSATION RESOLUTIONS Claims Against the State; Albert and Delia Mae Lampkin; compensate. ..... HR 157 Claims Against the State; Craig J. Winkler; compensate...................... HR 263 Claims Against the State; Lorraine Strickland; compensate. ................ HR 155 Claims Against the State; Mrs. L. C. Poore; compensate. .................... HR 156 Claims Against the State; Nina Wilson; compensate. ......................... HR 96 Claims Against the State; Ricky Lee Boynton. .......................... HR 78
COMPOST, MULCH State Purchasing of Recyclable Products; compliance procedures................. SB 9 Yard Trimmings; disposal restrictions; effective date......................... HB 257 Yard Trimmings; disposal restrictions; soil composting use. ................... SB 289
COMPULSORY SCHOOL ATTENDANCE AFDC Recipients; eligibility; teenagers; school attendance required.............. SB 66 Mandatory Education to 18th birthday; exceptions. ........................... SB 72
COMPUTERS AND DATA PROCESSING SYSTEMS Ad Valorem Taxation; intangible tax rate; classify computer software. ........ HB 350 Crime of Electronically Furnishing Obscene Materials to Minors. ............. HB 138 Legislative Information Management; joint commission to study. ............. HR 332 Records Management Systems; superior court clerks' cooperative. ............ HB 243
CONASAUGA JUDICIAL CIRCUIT; superior court; fourth judgeship. ..... SB 261
CONDOMINIUMS Covenant Restrictions; approval of changes; ownership of amenities. ........... SB 194 Multifamily Dwellings; designs for handicapped and impaired veterans. ........ SB 311
CONFEDERATE MEMORIALS Confederate Flag, Monuments; committee substitute to original bill. ............ SB 71 State Flag; change design to original flag; state-wide referendum............... SB 248 State Flag; remove Battle Flag of the Confederacy design; referendum. ...... SB 136 State Flag; state commission to study if redesign is warranted. ................ SB 186
CONFLICTS OF INTERESTS (See Ethics or Elections or Public Officers)
CONGRESS, U.S. (Also See Federal Government) Amtrak Passenger Rail Service Between Chicago and Florida; endorse....... HR 330 Banking Industry; regulatory compliance costs; urge reduction of. .............. SR 67 Congressional Districts No. 2, 3, and 8; change composition. ................. HB 964 International Trade Agreements Effecting Peanut Growers; relative to.......... SR 237 Limit Terms of Georgia U.S. Senators and Members of Congress. ............. SR 140 Term Limitations; U.S. Senators and Representatives......................... SB 344 Term Limitations; U.S. Senators, Representatives; serve for 12 years. ........ SB 57 Urge Action to Curb Unfunded Federal Mandates Imposed Upon States. ....... SR 59 Urge Lender Flexibility in Administering Student Loan Programs. ............ SR 147 Urge preserve ban prohibiting homosexuals serve in U.S. military............ SR 195
CONSERVATION AND NATURAL RESOURCES (See Natural Resources or Environmental Protection)
CONSOLIDATED ATLANTA PROPERTIES, LTD., CAPCO; lessee of certain state property; terminate agreement.................................. SR 119
CONSTITUTIONAL AMENDMENTS Ad Valorem Taxation; property assessment; limitations on increases. ........... SR 92 Appropriations; mandatory state funds for educational purposes. ............... SR 91 Appropriations; supplementary Acts by General Assembly not authorized........ SR 63
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JOURNAL OF THE SENATE

CONSTITUTIONAL AMENDMENTS (Continued) Bills for Raising Revenue, Appropriating Money; General Assembly requirements............................................................. SR 94 Bills for Raising Revenue; General Assembly requirements. .................... SR 65 Counties, Municipalities; ad valorem tax sharing; proceeds to develop regional industrial parks. ........................................................ SR 203 Courts; level of funding by counties; method to settle disputes. ............... SR 192 Divorce Cases; court render judgment in cases without jury verdict. ........... SR 141 Enactment of Appropriation Bills; reduction in whole or in part by Governor; provide for overriding such reduction. ............. SR 27 Enactment of Appropriations Bills; expenditure limitations; excess revenue in reserve funds; local government costs, proportioned share................. SR 148 Enterprise Zones; creation; different ad valorem tax treatment; local referendum approval..................................................... SR 206 Holding of Raffles by Nonprofit Organizations Shall Be Lawful. ............... SR 107 Initiative Petitions to Enact or Repeal Statutes; powers vested in people to submit to registered voters for approval or rejection...................... SR 151 Nude or Other Sexual Conduct; authorizing regulation of. .................... SR 187 Pardons and Parole Board; commuting death sentences, granting parole; restrict powers. .......................................................... SR 99 State Lottery; continued existence; resubmission to voters..................... SR 134 State Taxes, Fees, Assessments; authorization; approval by two-thirds of General Assembly members. ............................................... SR 6 Terms of Office; limitations; elected public officers.............................. SR 5 Terms of Office; limitations; elected public officers............................ SR 140 Terms of Office; limitations; General Assembly members. ...................... SR 17 Terms of Office; limitations; General Assembly Members, Lt. Governor.......... SR 90
CONSTITUTIONAL OFFICERS (See Public Officers and Employees)
CONSTRUCTION (Also see Contractors or Contracts) Conditioned Air Contracting; redefine; installation, repair. ................... HB 258 Construction Codes; buildings, other structures; state minimum standards; transfer functions to Commissioner of Insurance. ......................... HB 505 Contractors, Subcontractors, Materialsmen; preserving lien rights. ............ HB 544 Housing; standards, designs; accessibility for handicapped veterans............. SB 311 Land Disturbing Activities; soil erosion; water pollution sources................ SR 252 Property Improvement; payment bond, security deposits; rights of certain parties. ........................................................ HB 545 Roofing Contractors; regulate; create new licensing division.................... SB 190 State Licensing Board; composition; chairperson; examining divisions....... HB 653 Taxation of Heavy-duty Equipment Vehicles Owned by Nonresidents. ........ HB 547 Water Well Contractors; license renewal; continuing education................ HB 224
CONSUMER TRANSACTIONS (Also See Selling and Other Business Practices) Advertising Merchandise or Services; notice of limited availability. ............ HB 76 Clinical Laboratories; costs of tests; billing; prohibited practices. .............. SB 345 Commercial Solicitation; element of chance promotional offers; deceptive practices; complaints. .......................................... SB 231 Credit Repair Services; deceptive advertising, business practices. .............. SB 157 Crimes Against Elderly, Disabled Persons; unfair practices; penalty. ........... SB 295 Crimes Against Elderly or Disabled Persons; violations; penalties. ............ HB 193 Driver Improvement Clinics; consumer complaints; DHR jurisdiction. .......... SB 231
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INDEX

2335

CONSUMER TRANSACTIONS (Continued) Health Care Providers; patient referrals; restrictions; disclosure. ............... SB 281 Health Care Providers; referral practices; prohibit exploit patient. ............. SB 236 Health Care Providers; restrictions; Patient Self-Referral Act. ................ HB 920 Insurance; cancellation of property insurance; life insurance contracts, right to return; notices................................................... SB 230 Lease Transactions-Uniform Commercial Code; comprehensive revision. ....... HB 395 Motorized Wheelchairs Warranty Act; consumer rights; enact................... SB 11 Sales Contracts; rights of disabled persons; assistive devices. .................. HB 93

CONTRACTORS

Asbestos Removal or Disposal; training required of persons employed. ........ SB 135

Builders; designs for private residences; handicapped accessibility. ............. SB 311

Conditioned Air Contracting; redefine; installing equipment, repair............ HB 258

Construction Codes; state minimum standards; extensive revisions. ........... HB 505

Construction Industry Licensing Board; examining divisions; powers. ......... HB 653

Irrigation; licensure; qualifications; suspension; local permits.................. HB 516

Liens; filing notice to preserve rights; distribution.

..................... HB 544

Property Improvement Construction; payment bond, security deposits;

preserving rights of certain parties; filing notices. ...................... HB 545

Property Improvements; improper use of payments; intent to defraud. .... SB 50

Public Works; Notice of Commencement; posting; filing; payment bonds for

labor, material or equipment. ........................................... HB 543

Utility Contractors, Managers, Foreman; licenses; certificates. ................ HB 653

Utility, Electric, Plumber, Conditioned Air; limited liability firms. ............ HB 264

Water Well Contractors; license renewal; continuing education................ HB 224

CONTRACTS Bad Checks; progress payments; labor, services, shipped merchandise. ........ SB 223 Bad Checks; time period to tender payment in cash; reduce to 10 days........ HB 584 Brokerage Relationships in Real Estate Transactions Act; enact. .............. SB 227 Code Revision; Title 13; correct errors and omissions. ....................... HB 145 Commercial Agency Relationships; conditional power of attorney. ............. SB 171 Contractors, Subcontractors, Materialsmen; preserving lien rights. ............ HB 544 Credit Repair Services; furnish buyer with information statement. ............. SB 157 Lease Transactions; Uniform Commercial Code; comprehensive revisions. .... HB 395 Military Base Closures; new facilities; intergovernmental agreements. ......... SB 30 Military Base Closures; realignment; bonds to finance new facility. ............ HB 86 Motor Vehicle Franchise Practices Act; enact; ratify 1992 SR 486. ............ HB 454 Payments of Federal Manufacturer's Excise Tax; timing of remittance. ....... HB 797 Property Improvement Construction; payment bond, security deposit; preserving rights of certain parties. ...................................... HB 545 Public Works; bids; female business enterprises; Fulton County............... HB 281 Public Works; contractors; Notice of Commencement; payment bonds. ........ HB 543 Public Works; responsible bidders; counties of 550,000 or more. .............. HB 607 Sales to Elderly or Disabled Persons; deceptive consumer practices. ........... SB 295 State; contract work between rehab programs, training centers................. SB 372 State; minority business participation; procurement process; bids. .......... SB 134 State; minority owned business participation; bid opportunities. ............... SB 207

CONTROLLED SUBSTANCES (Also See Drugs or Pharmacies or Crimes and Offenses) Anabolic Steriods; table of exempt products. ............................... HB 374 Dangerous drugs; change listings; exceptions thereto. ........................ HB 374 Firearms; unlawful possession; persons influenced by certain drugs. ............ SB 121 Forfeitures; property; notices of seizure; claims filing period. ................. HB 712

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JOURNAL OF THE SENATE

CONTROLLED SUBSTANCES (Continued) Forfeitures; property seizures; informant reward payments. ................... SB 237 Nitrous Oxide; air products suppliers; licens'. 1 industrial customers. .......... HB 374
COOPER, MELVIN; Hall County Parks Service; introduced, remarks........ Page 453
CORDELE; Municipal Electric Authority; easement Cordele Farmers Market. . . . SR 180
CORONERS (See Medical Examiners or Public Officers, Employees)
CORPORATIONS, PARTNERSHIPS AND ASSOCIATIONS Agency Relationships; conditional power of attorney; validity. ................. SB 171 Bank or Trust Company; clarify personal liability of directors. ................ SB 355 Code Revision; Title 14; correct errors and omissions. ....................... HB 145 Corporations; dividends from sources outside U.S.; tax adjustments. .......... HB 536 Corporations; execution of written instruments creating an agency. ........... HB 515 Georgia Limited Liability Company Act; formation, operation, dissolution, regulation of business entities, professions. ............................... HB 264 Income Tax Liability of Nonresidents; withholding tax on certain distributions. .......................................................... HB 384 Income Tax Liability of Nonresidents; withholding tax on real estate transactions............................................................ HB 385 Incorporation; articles, charter, bylaws, mergers; revisions. ................... HB 149 Incorporation of Special Interest or Credit Card Banks; conditions............. SB 347 Insurance; fraternal benefit societies; revise, modernize provisions............. HB 383 Insurance; life policies; insurable interest or group requirements. .............. SB 133 Insurance; life policies; insurable interest or group requirements. ............. HB 484 Property Owners' Association Act; governance; incorporation. ................ HB 574
CORRECTIONS (Also See Inmates or Jails) Code Revision; Title 42; correct errors and omissions. ....................... HB 145 Correctional Officers; two breaks during each 8-hour shift. ..................... SB 54 County Institutions; deputy wardens; appointment; subject approval. ......... HB 353 County Institutions, Jails; confinement as condition of probation. ............. SB 270 County Juvenile Detention Systems Transferring to State-wide System; employee retirement membership. ........................................ SB 211 Department; commissioner; membership; State Use Council. .................. SB 372 Department; Hall County Diversion Center; sell surplus property. ............ HR 228 Department; property conveyance; State Highway 365; Habersham County. ... HR 229 Department; property easement; Richmond County; telecommunications........ SR 115 Hart County Probation Detention Center; urge rename as Bobby Joe Whitworth Probation Center. .......................................... SR 304 Hart County Probation Detention Center; urge rename as Bobby Joe Whitworth Probation Center. ............................................ SR 354 Inmate Produced Goods; sales for public funded projects..................... HB 844 Inmates; change of custodial status or death; notify crime victims.............. SB 252 Inmates; custodial status changes; victim information, notification. ........... HB 211 Inmates; medical treatment; costs collected; reimbursed if acquitted or exonerated. ....................................................... HB 232 Inmates; offense of mutiny against custodial officers. ........................ HB 870 Inmates; sentence of death; restrict commuting to life imprisonment. ........... SR 99 Inmates; special alternative incarceration; mandatory participation in adult education program; probation conditions. ........................... HB 191 Inmates; special alternative incarceration-probation boot camp; confinement period for felony offenses. .............................................. HB 352 Inmates; transportation to other jurisdictions; officers authorized.............. HB 107
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INDEX

2337

CORRECTIONS (Continued) Jails; guard lines; unauthorized entry; distribution of alcohol, drugs, weapons to inmates...................................................... HB 29 Jails; inmate records maintained by sheriffs; records inspection. ............... HB 30 Pardons and Paroles; state board voting records; public inspection. ............. SB 64 Persons Charged Stalking Offense; release conditions; notify victim. ............ SB 13 Pretrial Release or Diversion Program; imposition of probation fees. ............ SB 87 Probation; condition; DUI offenders; require vehicle ignition device. ............ SB 28 Probation; conditions imposed; persons charged with stalking crimes. .......... SB 13 Probation; conditions; juvenile delinquents; boot camp program................ SB 150 Probationers; supervision fees; pretrial release or diversion program. ............ SB 87 Work Release Programs; transfer of inmate; notice to the victim............... SB 252
COUNCIL FOR SCHOOL PERFORMANCE; creation; independent evaluating entity. ................................................... SB 73
COUNSELORS; Professional Counseling, Social Work or Marriage and Family Therapists; licensing requirements; exceptions; discipline actions. .............. SB 137
COUNTIES (Also See Local Government) Ad Valorem; alternative source of revenues; commission to study. ............. HR 91 Ad Valorem; county property appraisal staff; license exception................. SB 266 Ad Valorem; enterprise zones; different tax treatment upon approval........... SR 206 Ad Valorem; enterprise zones; exempt property located within................. SB 166 Ad Valorem; equalization boards; appeal decisions; additional boards.......... HB 328 Ad Valorem; mobile homes; moving without required decals; penalties.......... SB 209 Ad Valorem; property tax appeals; interest accrual. ......................... HB 303 Ad Valorem; property tax assessment; limitations on increases.................. SR 92 Ad Valorem; property tax assessments; appeals; hearings; trials. ............... SB 296 Ad Valorem; school property tax digest; complaints; arbitrators. ............... HB 62 Ad Valorem; tax levying authorities; published reports; requirements. .......... HB 66 Ad Valorem; tax sharing; joint municipal regional industrial parks. ............ SR 203 Ad Valorem; taxing jurisdictions; duties; millage rate adjustments. .......... HB 554 Airports, Landing Fields; commercial expansion; Fulton County. .............. SB 351 Airports, Landing Fields; commercial expansion; referendum approval. ....... SB 94 Alcoholic Beverage Sales at Coliseums; counties of 140,000 or more. ............ SB 14 Audits of Financial Affairs; requirements; change expenditure level. .......... HB 137 Board of Jury Commissioners and Clerk; per diem compensation. ............ HB 446 Board of Jury Commissioners; jurors; sources for compiling list. ............... SB 193 Boards of Education; building permits; exempt local impact fees.............. HB 255 Boards of Health; assist administration of school health services. ............ SB 46 Boards of Health; mental disability services; reorganization, methods............ SB 49 Boards of Health; reorganization of local mental health services. .............. SB 49 Boards of Health; reorganization; separate mental health board. .............. HB 100 Business, Occupation Taxes, Regulatory Fees; comprehensive revision. ........ HB 362 Civil Service Systems; employees of sheriff; counties over 400,000. ............. SB 239 Coliseum Authorities; sales of alcoholic beverages; conditions. .................. SB 14 Commissioners, Chairpersons; nonpartisan primaries, elections. ................ SB 370 Consolidation Grant Funds; local government efficiency assessments............ HB 83 Consolidation of Governments Upon Referendum Approval..................... HB 2 Correctional Institutions; deputy wardens; appointment. ..................... HB 353 Costs of New Programs or Services Imposed by State; limitations.............. SR 148 Court-annexed or Referred Alternative Dispute Resolution Programs; creation; funding mechanism; board of trustees to administer. ...................... HB 143 Drug Abuse Treatment Fund; surcharges in superior court cases. ............ SB 156 Election Returns, Voting Materials; designee to receive, preserve............... SB 214
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2338

JOURNAL OF THE SENATE

COUNTIES (Continued) Elections; nonpartisan offices; remove straight party voting.................... SB 283 Elections; withdrawal of nominated candidates; ballots; post notice............ HB 376 Emergency Services; certain hospitals; certificate of need exemption............ SB 257 Employees of Juvenile Detention Systems; retirement membership. ............ SB 211 Funding of Court Operations; disputes of adequate basic level. ................ SR 192 Governing Authorities; members; minimum annual salaries. ................... SB 380 Governing Authority Appointments; indigent defense council; terms. ....... HB 284 Grants; services provided for state property under custody of Natural Resources Department; eligibility. ........................................ SB 202 Hospital Authorities; mergers, reactivation; terms, conditions, effect; disclosure exemption; immune antitrust liability. .......................... HB 689 Indigent Medical Care; funding alternatives; committee to study. .............. HR 16 Indigent Residents; hospital emergency care; liability for cost.................. SB 331 Insurance; cancellation; temporary coverage; emergency measures. ............ HB 568 Judicial Officers; sheriffs, superior court clerks, probate judges; minimum salaries; change population brackets. ..................................... HB 206 Law Libraries; surcharges; superior court cases; distribution order............. SB 156 Litter Control; trash, garbage containers; prohibit remove items. ............. HB 95 Local Option Sales Tax on Public Accommodations for Aviation Museums..... HB 346 Mental Health Services; reorganization; establish community service areas, regional planning units and governing boards. ............................ HB 100 Motor Vehicle Registration; concurrently submit title application. ......... HB 164 Notices of Called Meetings; posting advance notice; notices to media. ........ HB 600 Ordinance Violations; maximum allowable fines; Magistrate Courts............. SB 315 Powers; federal grant programs; loans; intergovernmental contracts............ HB 728 Probate Court; judges; minimum salary; cost-of-living, longevity. ............ HB 710 Property Deed Records; EPA hazardous site inventory; public filing............ SB 294 Property Tax Amnesty Program; penalty waived; nonpayment sanctions. ....... SB 139 Public Offices; vacancies; interim appointees; special elections. ............... HB 304 Public Works; contractors; Notice of Commencement requirements; actions on breached performance bonds or security deposits. ......................... HB 543 Public Works Contracts; responsible bids; counties of 550,000. ............... HB 607 Purchasing Contracts; public letting and bids; counties of 550,000............. SB 97 Regional Development Centers; boards; member counties; powers. ............ HB 753 Regional Development Centers; boundaries; certain transferrals. .............. HR 360 Regional Development Centers; boundaries; changing lines; study of........... HR 118 Regional Development Centers; boundaries; ratify certain transfers............. SR 238 Sales Tax; special 1%; use for certain convention or trade show facility completed prior December 31, 1993. ................................... HB 472 Sheriffs; fees for legal counsel for actions brought against. ................... HB 343 Tax Assessor Boards; election of members. .................................. SB 126 Tax Assessor Boards; members ineligible appraisal staff position. ............. HB 493 Tax Assessors, Appeals; joint city-county boards; repeal Act. ................. HB 277 Tax Assessors Boards; members; term of office. .............................. SB 158 Tax Collectors; tag agents; duties; collect tax on casual sales. ................ HB 784 Tax Commissioners, Collectors; salaries; increase minimum amount. .......... SB 282 Transient Merchants; business license fees fixed by county. ................. HB 661 Vehicle Ignition Interlock Devices; installation facilities; fees. .................. SB 28 Waste-water; sludge disposal or storage; county approval. ..................... SB 276 Waste-Water Treatment; sludge land application sites; permits; fees. ......... HB 228 Workers' Compensation; ineligible employees; persons sentenced work release or community service; exception. ......................................... SB 273 Zoning Ordinances; adoption procedures; boundaries; hearings. ............... HB 810
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2339

COURT REPORTERS Certification; permit holders; disciplinary actions; depositions................. HB 489 Certification; permit holders; fitness to practice; depositions. .................. SB 356
COURTS (Also See Judicial Circuits or Specific Named Courts) Alternative Dispute Resolution Programs in Each County; creation. .......... HB 143 Appeals in Criminal Cases; rules; defendant right to cross appeal. ............ HB 109 Augusta Judicial Circuit; superior court; judges; salary supplement. ........... HB 946 Augusta Judicial Circuit; superior court; judges; salary supplement........... HB 1022 Augusta Judicial Circuit; superior court; judges; salary supplement; Burke, Columbia, Richmond Counties. .................................. HB 1023 Brunswick Judicial Circuit; superior court judge; salary supplement. ......... HB 1040 Brunswick Judicial Circuit; superior court judge; salary supplement. ......... HB 1115 Brunswick Judicial Circuit; superior court; judges; district attorney; salary supplement. .................................................... HB 1117 Budget Estimates for Judicial Branch; submission; preparers. .............. SB 335 Child Custody Disputes; discretion to award temporary custody. .............. SB 269 Civil Actions; dismissal for want of prosecution; reduce time period. ............ SB 32 Civil Actions; torts; medicaid recipients who are parties; notices. .............. SB 249 Civil Actions; witnesses; state regulatory agencies; no compensation. ........... SB 229 Civil Cases; divorce actions; court render judgment in all cases. ............... SR 141 Civil Cases; product liability; sealed orders; disclosure of hazards. ............. SR 292 Clerks' Cooperative Authority, Georgia Superior Court; creation. ............. HB 243 Clerks; duties; publish notice of conviction for DUI offenses. .................. SB 119 Clerks; state court clerk serving as clerk of magistrate court................... SB 196 Clerks; superior court; duties; filing of federal tax liens. ....................... SB 85 Code Revision; Title 15; correct errors and omissions. ....................... HB 145 Costs Incurred to Enforce Child Support Payments; payment of. ............. SB 268 Counties; level of funding; matters in dispute; method to settle................ SR 192 Court Reporters; certification; permit holders; fitness to practice; disciplinary actions; taking of depositions. ............................................ SB 356 Court Reporters; certification; qualifications; temporary permits; revocation grounds; injunctions; taking of depositions. ............................... HB 489 Courthouses; allocation of space; driver improvement clinics, DUI alcohol or drug use reduction programs. ............................................ SB 109 Criminal Procedure; commitment where bail tendered and accepted; hearings prior to indictment; waiver. ............................................. HB 325 Criminal Procedure; search warrants; lawful evidence obtained................. SB 113 Criminal Proceedings; legal assistants; third-year law students. ............... HB 190 District Attorneys; retirees; postretirement benefit increases. ................. HB 768 District Attorneys; retirees; private practice; repeal prohibition. ............... SB 349 Divorce Cases; eliminate jury trials; court shall render judgment. .............. SB 174 DUI Alcohol or Drug Cases; probation condition; ignition interlock device on vehicles......................................................... SB 28 Evidence; admissible; certified public records; use of facsimiles. ............... SB 244 Evidence; homicide cases; self-defense pleas; family violence or child abuse victims. ....................................................... SB 3 Evidence; impact of crime on victim; cross-examination or rebuttal. .......... HB 486 Family Violence Protective Orders; effective statewide; enforcement. .......... HB 680 Fines and Forfeitures; peace officers' training funds; remittance................. SB 65 Fiscal Affairs; functions of Office of Treasury and Fiscal Services. ............. SB 162 Forfeitures Under Controlled Substances Act; informant rewards. ............. SB 237 Georgia Court-annexed Alternative Dispute Resolution Act................... HB 143 Grand Jurors; oath; change gender; foreperson; grammatical revisions. ........ HB 820 Grand Jury; report of child abuse prevention measures within county. ........... SB 1
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2340

JOURNAL OF THE SENATE

COURTS (Continued) Indigent Defense Council; additional members; governing authority appointments; local tripartite; powers, personnel requests. ................. HB 284 Indigent Defense Council; funds paid into registry; deposited interest-bearing account; court clerks may change by written notice. ........ HB 402 Judges, Council of Magistrate Court; composition; senior magistrate............ SB 315 Judges; part-time; attorney acting as counsel to government entity............ SB 120 Judges; part-time; conflict of interest; legal counsel for governmental entities; transferral of case. ..................................................... HB 344 Judicial Council, Board of Court Reporting; member qualifications. ........... HB 489 Judicial Council, Board of Court Reporting; powers to regulate. ............... SB 356 Jurors; compilation of lists; certain persons to submit data. ................... SB 193 Jury Commissioners and Clerk of the Board; per diem compensation. ........ HB 446 Juvenile; child abuse, child fatality prevention; review services................. SB 234 Juvenile; deprived child proceedings; disposition orders; review. ................ SB 3 Juvenile; intake, probation services; Richmond County; transfer state-wide system. ...................................................... SB 366 Juvenile; probation officers; detention or custody; acts of child................ HB 306 Juvenile; students committing felony crimes; notify school officials. ............ SB 132 Juvenile; supervision fees; use for mediation services.......................... SB 358 Magistrate; clerks; services of state court clerk; compensation................. SB 196 Magistrate; default judgments; practices and procedures. .................... HB 327 Magistrate; office of senior magistrate; fines, ordinance violations. ............. SB 315 Murder or Manslaughter Cases; evidence; justifiable self-defense. ................ SB 3 Oconee Judicial Circuit; superior court; judges; salary supplement............. HB 876 Paternity Actions; admission of genetic test results. .......................... SB 148 Persons Denied Right to Purchase Firearms Based GBI Records; hearings. ...... SB 12 Piedmont Judicial Circuit; superior court; Jackson, Barrow County............ HB 792 Possession of Firearms by Certain City and County Court Personnel. ......... HB 490 Pretrial Release; imposition of probation fees; failure to pay.................... SB 87 Probate; foreign wills; recording in county in which property lies. ............ HB 361 Probate; judges; minimum salary; cost-of-living, longevity increases. .......... HB 710 Probate; judges; minium salary, cost-of-living, longevity increases. ............ HB 206 Probate; judges; retirement; restrict cost of living increases................... HB 779 Probate; serving documents to minors or incapacitated adults. ................ HB 71 Records; students committing designated felony acts; notify schools. ........... SB 132 Sentences Imposed Without Jury; 12 or more years imprisonment; review. .... HB 79 Sentencing; condition of probation; imposition of probation fees. ............... SB 87 Sentencing; imprisonment for life or death penalty; evidence; impact on victim or community; rebuttal. ....................................... HB 486 Sentencing; imprisonment for life without parole; felony murder. ............. HB 485 Sheriffs; actions arising from performance of duties; legal counsel. ............ HB 343 Sheriffs; contracts; transportation of arrested persons. ....................... HB 107 Sheriffs; county jails; inmate records; public inspection. ...................... HB 30 Sheriffs; deposit of bond monies in interest-bearing accounts; repeal in certain counties; remittance of interest generated. ......................... HB 403 Sheriffs; employees; civil service; deputies; counties over 400,000. .............. SB 239 Sheriffs; minimum salaries, cost-of-living, longevity increases. ................ HB 206 Sheriffs; qualifications; exemption; registered peace officers. ............... HB 205 State; civil or medical malpractice actions; demand for trial by jury............. SB 62 Subpoenas; issuance by Fulton County Superior Court behalf of Senate and House Committees on Ethics. ........................................... HB 972 Superior; bailiffs; selection and appointment. ............................... HB 764 Superior; change term of court; Mclntosh County. .......................... HB 377
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2341

COURTS (Continued) Superior; change terms in Jackson and Barrow County. ..................... HB 792 Superior; clerks; authorization to carry weapons. ............................. SB 348 Superior; clerks; change minimum salaries, cost-of living increases. ........... HB 206 Superior; clerks; election returns, voting materials; designate county record officer to receive......................................................... SB 214 Superior; clerks; filing security interests in real estate records; transmit central indexing system. ................................................ HB 244
Superior; clerks; fines, forfeitures, surcharges; partial payments; distribution; priority order. .......................................................... SB 156
Superior; clerks; provide cooperative pool for records management systems, information, services, supplies, materials.................................. HB 243
Superior; Cobb Judicial Circuit; additional judge. ............................. SB 31 Superior; Conasauga Judicial Circuit; fourth judgeship. ....................... SB 261 Superior; create family court division; jurisdiction; judges. .................... SB 376 Superior; dispute with county over basic funding; method to settle............. SR 192 Superior; enforce orders of state election board and civil penalties. .......... SB 215 Superior; granting of relief from family violence; stalking acts. ................. SB 13 Superior; judges; retirement; spousal benefits coverage. ....................... SB 253 Superior; judicial review time limit; Department of Transportation decisions
on outdoor advertising sign violations. ................................... HB 308 Superior; secretary of judges, district attorney; retirement credit. .............. SB 378 Superior; Stone Mountain Judicial Circuit; tenth judgeship.................... SB 232 Supreme; terms of court; disposition of cases. ................................ SB 76 Trial Judges and Solicitors; postretirement benefit increases.................. HB 782 Trials; motion for new trial; transcript filing; time extension.................... SB 33 Witnesses; evidence; pharmacist-patient privileged information. .............. HB 510 Witnesses; evidence; pharmacists-patient privileged medical records. ........... SB 154

COVERDELL, PAUL; U. S. Senator; introduced, remarks .................. Page 220

COWETA COUNTY; Board of Education; elections districts; reapportion. ..... HB 583

CRAWFORD COUNTY Board of Commissioners; election districts; reapportion. ..................... HB 818 Board of Education; reconstitute; election districts; appoint school superintendent................................................... HB 817

CREDIT SERVICES REGULATION ACT.

SB 157

CRIME INFORMATION CENTER Criminal History Records; foster home parents; child-placing agency. ......... HB 168 Records; firearms purchasers; criminal, mental history to dealers................ SB 12 Stolen Vehicles; recovery reports; law enforcement agencies' duties............ HB 172

CRIME VICTIMS (See Victims of Crime or Criminal Procedure or Inmates)

CRIMES AND OFFENSES Alcohol Related Crimes; additional funds for public safety purposes............ SB 228 Arrest of Persons for Felony Offense; bail; criminal procedure. ............... HB 325 Bad Checks; progress payments; labor, services, shipped merchandise. ......... SB 223 Bad Checks; ten-day time period to tender payment in cash. ................ HB 584 Cellular Radio Telephones; interception of communications; penalty........... HB 139 Child Abuse; deprived children; custody changes; judicial review. ................ SB 3 Child Abuse; offense of sexual abuse redefined; records inspection. .............. SB 1 Child Abuse; victims; justifiable homicide; self-defense evidence. ............... SB 3 Child Molestation; second or subsequent conviction; punishment.............. HB 130 Code Revision; Title 16; correct errors and omissions. ....................... HB 145

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JOURNAL OF THE SENATE

CRIMES AND OFFENSES (Continued) Controlled Substances Act; forfeitures; informant reward payments. ........... SB 237 Controlled Substances Act; forfeitures; notices of seizure; contents. ........... HB 712 Controlled Substances; dangerous drugs; change listings; exemptions. ......... HB 374 Controlled Substances, Marijuana; distribution to jail inmates. ................ HB 29 Crime of Electronically Furnishing Obscene Materials to Minors. ............. HB 138 Drug Trafficking; sentences of life imprisonment; parole restrictions............. SR 99 Felony Cases; life or death penalty; victim impact statements. ............... HB 486 Felony Offenses; probationers; alternative incarceration--boot camp........... HB 352 Firearms; authority to carry; Attorney General staff persons; Superior Court clerks. ............................. SB 348 Firearms; eligibility to purchase; criminal, mental history background. .......... SB 12 Firearms; lawful possession; city, county officers, court personnel.............. HB 490 Firearms; persons furnishing weapons to jail inmates; felony penalty. .......... HB 29 Firearms Protection for Minors Act; offense of criminal storage............... SB 68 Firearms Protection for Minors Act; offense of criminal storage................ SB 247 Firearms Protection for Minors; unsafe storage of loaded guns causing death or injury; penalties; statewide referendum............................ SB 360 Firearms; unlawful possession; persons influence by alcohol, drugs. ............ SB 121 Fraud, Waste, Abuse Relating to State Government; investigations............. HB 49 Fraud, Waste or Abuse in State Government; complaint filing procedure. ....... SB 89 Gambling, Commercial; exemption; certain recreational bingo games............. SB 24 Gambling; exclusion; recreational bingo games giving noncash prizes. ...... HB 174 Harassing, Intimidating Other Persons; criminal offense of stalking. ............ SB 13 Homicide; suicide assisted deaths; prohibited acts; penalties. ................. HB 415 Human Body Parts; unauthorized removal or dismemberment; penalties. ...... HB 686 Juvenile Acts Constituting Felony Crimes; courts notify schools............... SB 132 Juvenile Offenders; escape from an institution or facility; warrants. ........... HB 296 Litter Control Law; public trash, garbage containers in unincorporated areas; unauthorized removal of items. ..................................... HB 95 Manslaughter Resulting Operation of a Vehicle; license suspension. ............ HB 24 Murder, Aggravating Circumstances; punishment; life without parole. ..... HB 485 Murder or Manslaughter; self-defense pleas; family violence or child abuse victims. .................................................... SB 3 Nude or Other Sexual Conduct; prohibit, restrict, or regulate.................. SR 187 Obscene Materials; computer-generated; penalty to furnish to minors.......... HB 138 Offense of Mutiny Against Officers; inmates committing; punishment........ HB 870 Offense of Obstruction or Hinderance of Emergency Medical Technician. ..... HB 659 Offenses Against Public Health; cigarettes, tobacco products; sale or distribution to minors under age 18; penalties.............................. SB 222 Sexual Offenses; child molestation; restrict granting of parole.................. SR 99 Sexual Offenses; public indecency; sadomasochistic abuse, torture. ............. SB 320 Sodomy, Offense of; exclude sexual behavior among consenting adults. ......... SB 350 Stalking, Crimes of; definition; penalties; notices to victims; persons charged, custodial release restrictions. .............................................. SB 13 Theft; financial exploitation of the elderly; task force to study................. SR 152 Theft; improper use of payments made for property improvements.............. SB 50 Theft; offense of carjacking; criminal penalties. .............................. SB 288 Theft; offense of misappropriation of a trade secret; penalties. ................ SB 224 Toll Roads; nonpayment, evading toll charges; fines; penalties. ................. SB 91 Trespass; damaging school property or theft; criminal penalties. ................ SB 42 Victims of Crime; notification of change in offender custody status......... HB 211 Victims of Crime; notify offender's death or custody status change............. SB 252 Waste Control Law; violations of illegal dumping; criminal penalties. .......... SB 275
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CRIMES AND DEFENSES (Continued) Wiretapping; consent to intercept or record conversations by a minor; court orders. ........................................................... HB 47

CRIMINAL JUSTICE COORDINATING COUNCIL Child Abuse Prevention Panel; rename; administrative attachment. ............ SB 234 Membership; reduce number to 19 members; remove certain persons. ......... HB 882

CRIMINAL PROCEDURE Appeals; criminal cases; rules; defendant right to cross appeal. ............... HB 109 Arrest of Persons; powers of private security guards. ......................... SB 287 Arrest of Persons; transportation to other jurisdictions....................... HB 107 Bail; tendered and accepted; commitment hearings; waiver; denial of hearing upon felony indictment. ................................................ HB 325 Bailable Offenses; restrictions; persons charged stalking crimes. ................ SB 13 Code Revision; Title 17; correct errors and omissions. ....................... HB 145 Evidence; admissible; certified public records; use of facsimiles. ............... SB 244 Evidence; transcription; court reporters; trial judge discretion.................. SB 356 Evidence; transcription; court reporters; discretion of trial judge. ............. HB 489 Felony Cases; victim statements; life or death penalty imposed. .............. HB 486 Felony Murder Under Aggravating Circumstances; imprisonment for life without parole. ........................................................ HB 485 Indigent Defense; appointment of attorneys; compensation; payments. ......... SB 162 Indigent Defense Council; interest generated by deposits of sheriffs; change requirements in certain counties. ........................................ HB 403 Indigent Defense Council; interest received from funds deposited by court clerks; continuation of deposits; repeal in certain courts.................... HB 402 Indigent Defense Council; powers, personnel requests; additional members of council. .................................................... HB 284 Legal Assistants; using third-year law students within/outside state. .......... HB 190 Search Warrants Issued in Good Faith; lawful evidence obtained. ............. SB 113 Sentences; imprisonment for 12 or more years; 3-judge panel review. .......... HB 79 Sentencing; imprisonment for life without parole; felony murder. ............. HB 485 Sentencing; life or death penalty; victim impact testimony; evidence. ......... HB 486 Victim Compensation; claims; raise maximum amount of awards. ............. HB 690 Victim Compensation; claims; awards; raise maximum amount. ............... HB 690 Victims of Crime; notice of offender's change in custody status. .............. HB 211 Victims of Crime; notification of offender's death or change of custodial status. ................................................................. SB 252

CRISP COUNTY; Property Conveyance; Cordele Farmers Market; electric transmission line easement. ......................................... SR 180

CROSSBOWS; Use of Crossbows by Disabled Persons for Hunting Wildlife. . ... SB 243

CROTTS, SENATOR MIKE Excused due to family illness ....................................... Pages 489, 544 Excused due to travel ................................................... Page 790

CULP, BRIAN; achieving rank of Eagle Scout; recognize. ....... SR 10

CZERWONKY, BRADFORD R.; commend.

SR 353

DADE COUNTY; commissioner; delete salary provision; population bracket.. ... SB 380

DALTON, CITY OF Ad Valorem; school district taxes; homestead exemption; referendum........... SB 153 Ad Valorem; taxes for city purposes; homestead exemption; referendum. ....... SB 152

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JOURNAL OF THE SENATE

DALTON HIGH SCHOOL BOYS SWIMMING AND DIVING TEAM; commend................................................................. SR 286

DAMS; Check Dams; committee to study for Satilla, Altamaha, Ocrnulgee, Oconee, Flint, and Alapaha Rivers. .......................................... SR 19

DANEKE, FRED M., COLONIAL PIPELINE; sympathy at passing. ........ SR 288

DANIELL, R. G., SR.; designate memorial highway for; Candler County...... SR 232

DARDEN, CONGRESSMAN BUDDY; introduced, remarks .............. Page 1308

DARDEN, CONGRESSMAN GEORGE (BUDDY); recognizing.

SR 271

DAVISON, DR. FRED; commend. ...................................... SR 114

DAY CARE CENTERS Child Care; employer on-site care; issues; committee to study.................. SR 332 Employer Disclosing Person's Job Performance; prospective employer. ......... SB 175 Public-private; continue Georgia Child Care Council to monitor. .............. SB 197

DEAF PERSONS (See Handicapped or Hearing Impaired)

DEAL, NATHAN Congressman, ninth district, remarks to Senate ............................. Page 52 Senator, resigned to serve in Congress ..................................... Page 39

DEAN, SENATOR NATHAN; excused ................................... Page 628

DEATH Human Body Parts; unauthorized removal or dismemberment; penalties....... HB 686 Investigations; autopsies; tissue studies; reporting of person admitted hospital in unconscious state. ............................................. SB 99 Torts; wrongful death actions; division of money recovered; children. .......... SB 173 Vital Records; reporting spontaneous fetal deaths; registration. ............... HB 842

DEATH PENALTY (Also See Courts or Sentence) Commuting Sentence to Life Imprisonment; amend Constitution................ SR 99
Sentencing; felony cases; consideration of victim impact statement. ........... HB 486 Sentencing; felony murder; imprisonment for life without parole. ............. HB 485

DEBTOR AND CREDITOR Credit Repair Services; regulate; advertising, business practices. .............. SB 157 Debtors Owing Monies to State; withholding of lottery winnings. .............. SB 104 Farm Products Subject Security Interest; real estate records; riling............ HB 244 Lien Rights of Contractors, Subcontractors, Materialsmen; notices. ........... HB 544 Loans or Advance of Money; interest, fees; maximum rate allowed. ........... SB 313

DECATUR, CITY OF; City Commissioners, election districts; Board of Education, reconstitute school districts. .................................... HB 412

DECATUR COUNTY Designate; Chattahoochee Valley Trail Scenic Highway on S.R. 39. ......... SR 232 State Court; solicitor; change compensation. ................................ HB 688

DECEPTIVE PRACTICES (See Fair Business Practices or Commerce or Selling)

DEFENSE CONVERSION STRATEGIES STUDY COMMITTEE.

SR 289

DEFENSE DEPARTMENT (See Military Affairs)

DEKALB COUNTY Ad Valorem Tax Survey Commission; members; compensation; findings. ...... HB 449 Ad Valorem Taxes; special tax districts; limit millage rate levy. .............. HB 450

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DEKALB COUNTY (Continued) Airports, Landing Fields; commercial expansion; counties of 400,000. ........... SB 94 Counties over 400,000; civil service coverage; employees of sheriff. ............. SB 239 Designate; Clark Harrison State Office Building in Decatur.................... SR 248 Recorder's Court; fines; authority to assess.................................. HB 825 Superior Court; Stone Mountain Circuit; additional judge. .................... SB 232
DELOACH, JAMES M.; commend.......................................... SR 339
DENT, ALEX; Mayor of Cartersville, introduced, remarks................... Page 406
DENTISTS AND DENTAL HYGIENISTS Dental Expenses; contributions by individuals into special account. ............ SB 161 Dental Hygienists; temporary licenses; restriction; failing exams. ............. HB 409 Dentists, Dental Hygienists, Assistants; license revisions. ..................... SB 305 Dentists; licensees; Georgia Limited Liability Company Act. ................. HB 264 Temporomandibular Joint Disorders; affects jaw; insurance coverage. .......... SB 170 Torts; dental students under academic supervision; immunity. ................ SB 165
DETECTIVE AGENCIES; Private Security Guards; arrest powers. ........ SB 287
DEVELOPMENT AUTHORITIES (Also See Authorities) Atlanta Regional Commission; ratify transfer of Cherokee County.............. HR 64 Central Savannah River Center; transferral of Hancock, Johnson, Washington Counties. .................................... SR 238 Central Savannah River Regional Center; transfer of certain counties. ........ HR 360 Economic Development Investment Incentives; committee to study............. SR 333 Middle Georgia Center; ratify transfer of Baldwin, Jasper, Putnam, Wilkinson Counties. ..................................................... SR 238 Middle Georgia Regional Center; transfer of certain counties. ................ HR 360 Oconee Regional Development Center; transfer of certain counties. .......... SR 238 Oconee Regional Development Center; transferral of certain counties.......... HR 360 Regional Development Centers; boundary lines fluctuation; study of........... HR 118 Regional Development Centers; changing of territorial boundaries; ratify and approve transferral of certain counties. .............................. HR 360 Regional Development Centers; changing of territorial boundaries; ratify transferral of certain counties. ........................................... SR 238 Upper Savannah River Development Authority; jurisdiction; projects. ......... HB 941 Upper Savannah River Development Authority; membership; projects. ....... SB 342
DIETETICS; persons licensed as professional counselors; regulate. .............. SB 20
DISABLED (See Handicapped or Elderly)
DISTRICT ATTORNEYS (Also See Judicial Circuits) Brunswick Judicial Circuit; salary supplement.............................. HB 1117 Clayton Judicial Circuit; district attorney; salary supplement. ................. SB 181 Grand Jurors; oath; change gender; foreperson; grammatical revisions. ........ HB 820 Legal Assistants; use of third-year law students; timeframe................... HB 190 Retirees; private practice of criminal law; repeal prohibition. .................. SB 349 Retirement System; postretirement benefit increases. ........................ HB 768 Secretaries; retirement, ERS membership; prior service credit. ................ SB 378
DIVORCE (Also See Domestic Relations) Alimony; modification actions; grounds; cohabiting with third party. ........... SB 277 Child Custody; award of temporary custody pending final judgment............ SB 269 Family Court Division Within Each Superior Court; creation. ................. SB 376 Grandparent Visitation Rights; child adopted by a stepparent. ............... HB 511 Judgments; all cases including alimony, child support; court render. ........... SB 174
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2346

JOURNAL OF THE SENATE

DIVORCE (Continued) Judgments In All Cases Including Alimony, Child Support. ................... SR 141 Seminar for Parents Where Interests of Children are Involved.................. SB 63
DOCTORS OF THE DAY Anderson, Dr. Thomas J. ................................................. Page 99 Banks, Dr. Gilbert ..................................................... Page 1237 Boyle, Dr. Steven ....................................................... Page 863 Briglevich, Dr. Rose.................................................... Page 1069 Brown, Dr. James L. .................................................... Page 895 Bunker, Dr. Gordon..................................................... Page 808 Colquitt, Dr. Al........................................................ Page 1778 Davison, Dr. Alexis ..................................................... Page 327 Easterling, Dr. Kathy ................................................... Page 178 Farrow, Dr. Royal .................................................. Pages 9, 2012 Frank, Dr. Milton III .................................................... Page 76 Gamwell, Dr. John ...................................................... Page 698 Garner, Dr. Cyler ....................................................... Page 489 Hargrett, Dr. McKee .................................................... Page 625 Hemmer, Dr. John ..................................................... Page 1147 Henry, Dr. Waights ..................................................... Page 769 Huggins, Dr. Catherine .................................................. Page 542 Hutchinson, Dr. J.R.B. .................................................. Page 108 Hutchinson, Dr. Leslie .................................................. Page 128 Jenkins, Dr. Morris .................................................... Page 1216 Jones, Dr. Mary ........................................................ Page 628 Jones, Dr. William Bird ................................................. Page 128 Kaufmann, Dr. James .................................................... Page 18 Kaufmann, Dr. Robert .................................................. Page 349 Lahasky, Dr. David ..................................................... Page 744 Lanier, Dr. Robert ...................................................... Page 458 Ligon, Dr. Walter M..................................................... Page 128 Maxey, Dr. Joy A. .................................................... Page 53 Ollins, Dr. Robert. ..................................................... Page 1015 Palmer, Dr. Tim ........................................................ Page 158 Puri, Dr. Ram K. ....................................................... Page 145 Register, Dr. Ashley..................................................... Page 386 Robinson, Dr. Don ...................................................... Page 126 Robinson, Dr. Joe Sam Jr............................................... Page 1450 Sharpe, Dr. Bruce ...................................................... Page 263 Spivey, Dr. James ...................................................... Page 828 Streat, Dr. Perry. ....................................................... Page 429 Tillman, Dr. Ralph ..................................................... Page 128 Turner, Dr. Richard F. .................................................. Page 292 West, Dr. Tom ........................................................ Page 1708 Williams, Dr. Robert A. ................................................. Page 128 Woods, Dr. Alien ....................................................... Page 208
DODGE COUNTY Hospital Authority; additional members; time period; operation of. .......... HB 1121 Superior Court; judges; salary supplement. ................................. HB 876
DOMED STADIUM FACILITY; Community Employment Hiring Practices; requirements; advisory committee............................................ SB 39
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2347

DOMESTIC RELATIONS Alimony; grounds to modify; cohabitation with third party. ................... SB 277 Child Abuse and Child Fatalities; prevention services; review panel. ........... SB 234 Child Abuse Prevention Panel; rename; fatality review subcommittees............ SB 1 Child Abuse; records; access by school personnel counseling students.......... HB 333 Child Abuse; reports; persons, entities having access to. ........................ SB 2 Child Abuse; sexual abuse; redefine; investigative agencies; records. .............. SB 1 Child Care; continue existence of the Georgia Child Care Council.............. SB 197 Child Custody; award of temporary custody pending final judgment........... SB 269 Child Support; actions to establish paternity; genetic test results. ............. SB 148 Child Support; amounts recovered by DHR; payment of court costs............ SB 268 Child Support; arrearages; immediate withholding of wages; orders. ........... HB 261 Child Support; delinquent support; collection from lottery winnings. ........... SB 104 Child Support; state support registry within DHR; employment reports. ....... SB 269 Common-law Marriages; invalid to enter into after certain date................. SB 36 Divorce Cases; alimony, child support; court shall render judgment. ........... SR 141 Divorce Cases; eliminate jury trials; court shall render judgment. .............. SB 174 Divorce, Custody, Paternity, Visitation Actions; parent seminar. .............. SB 63 Elder Abuse Task Force; physical, mental, financial abuse issues............... SR 152 Family Court Division Within Each Superior Court; creation. ................. SB 376 Family Violence; acts defined; offenses of stalking included..................... SB 13 Family Violence, Child Abuse Victims; use of force in self-defense; deprived child proceedings; placement, custody changes. .............................. SB 3 Family Violence; protective orders; effective statewide; enforcement. .......... HB 680 Family Violence; victims prosecuted for murder, manslaughter; evidence.......... SB 3 Grandparent Visitation Rights; child adopted by a stepparent. ............... HB 511 Paternity Actions; evidence; admission of genetic test results. ................. SB 148 Paternity Cases; evidence; parentage-determination genetic testing. ............ HB 90 Sexual Behavior Among Consenting Adults Not Offense of Sodomy. ........... SB 350 State Agencies; funds; Office of Treasury and Fiscal Services duties. ........... SB 162

DOOLY COUNTY Board of Commissioners; election districts; composition; terms............... HB 1015 Board of Education; election districts; composition; terms. .................. HB 1016

DOOLY COUNTY YOUTH LEADERSHIP CONFERENCE; recognizing. SR 170

DOUCE, TONYA, NATIONAL 4-H CHAMPION; commend.

SR 87

DOUGHERTY COUNTY Board of Commissioners; election districts; change........................... HB 603 Board of Education; election districts; change. .............................. HB 604 Magistrate Court; full-time chief magistrate, part-time magistrates and clerk. . HB 963 State Court; judge; annual salary; appointment of full-time solicitor and assistant solicitors. ................................................. HB 962

DOUGLAS, CITY OF Douglas City Fire Department; recognize. ...................... ............ SR 324 New charter. .................................................. HB 942

DOUGLAS COUNTY Board of Education; election districts; change composition. ................. HB 1081 Douglasville-Douglas County Charter Commission; consolidation. ............ HB 1041 Douglasville-Douglas County Water and Sewer Authority; appointed members; nomination and election. ...................................... HB 317

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2348

JOURNAL OF THE SENATE

DOUGLASVILLE, CITY OF Change corporate limits................................................... HB 871 Douglasville-Douglas County Charter Commission; consolidation. ............ HB 1041 Water and Sewer Authority; appointed members; nomination, elections. ...... HB 317

DOWNS, R. BRUCE, JR., H.A.P.Y. PROGRAM; commend. ................. SR 159

DRIVER IMPROVEMENT CLINICS, SCHOOLS Clinics, Schools; consumer complaints; violations. ............................ SB 231 Clinics, Schools; use of courthouse space to conduct business. ................. SB 109 Driver Training Schools; in-car trainees, eyesight tests, license exemption; equipment required on cars. ............................................. SB 245 Driver Training Schools; members of limited liability companies. ............. HB 264 Instructor Licenses; valid for two years. .................................... HB 476 Insurance; motor vehicle; premium discounts; driver training courses. ......... HB 648 Private Companies Providing Probation Services; restrict referrals to or ownership of driver improvement clinics or DUI Programs. ................ HB 508 Public School Driver Education Courses; enrollment count reports. .... HB 718

DRIVER'S LICENSE (Also See Motor Vehicles and Traffic) Commercial; restricted licenses; seasonal agricultural employees............... HB 759 Commercial Vehicles; operating without a license; change penalties.............. SB 52 DUI Offenders; license revocation; reinstatement conditions. .................. SB 307 DUI Offenders; require use ignition interlock device on vehicle. ................ SB 28 Exemption; persons age 21 or over taking driver training instruction. .......... SB 245 Failure to Obey Restricted Travel Lane Roadway Signs; penalties............... SB 90 Minors; require enrollment certain education programs; noncompliance. ........ SB 168 Minors; revocation; failure attend school or academic deficiencies. .......... SB 198 Offices of Examiners; voter registration places; procedures..................... SB 131 Replacement; licensees change of name or address; fees; valid period. ......... HB 704 Revocation; incompetent, unqualified drivers; hearing requests. ................ HB 22 Suspension; DUI violations; first or subsequent offenses........................ SB 27 Suspension; DUI violations; results of chemical tests administered. ............ SB 163 Suspension; failure maintain minimum insurance; hardship cases. ............. HB 21 Suspension; mandatory; DUI offenders; habitual violators; reinstatement conditions; implied consent to chemical tests............................... HB 24 Suspension; mandatory; habitual violators upon subsequent conviction. ........ SB 123 Suspension; surrender of license; destruction, nondestruction. ................ HB 227

DRIVIN' N' CRYIN' ROCK BAND AND MUSICIANS; commend.

HR 231

DRIVING UNDER INFLUENCE, DUI Driver's License; mandatory suspension; reinstatement conditions. ............. HB 24 Driver's License; reinstate conditions; drug use reduction program. ........ SB 307 Driver's License; suspension mandatory; certain habitual violators. ............ SB 123 Driver's License; suspension periods; first or subsequent offenses. ........ SB 27 Driver's License; suspension; results of chemical tests for alcohol. ............. SB 163 DUI; traffic incidents; funds for law enforcement agencies. .................... SB 228 Notices of Conviction; publication for third or subsequent DUI. ............ SB 119 Private Companies Providing Probation Services; restrict referrals to or ownership of driver improvement clinics or DUI programs. ................ HB 508 Probation Condition; driving restrictions; ignition interlock device. ............. SB 28 Violations; surcharges in superior court cases; victim compensation............. SB 156

DRUG TESTING School Bus Drivers; random drug testing; policies, procedures. ................ SB 107 Workplaces; policies; injuries caused by intoxication or drug use. ............. SB 235

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INDEX

2349

DRUGS AND DRUG ABUSE Controlled Substances Act; forfeitures; informant reward payments. ........... SB 237 Controlled Substances Act; forfeitures; notices of property seizure. ........... HB 712 Controlled Substances; dangerous drugs; change listings; exemptions. ......... HB 374 County Drug Abuse Treatment Fund; surcharges; superior court cases.......... SB 156 Driver's License; mandatory suspension; habitual violators. .................. SB 123 Drug Dependent Patients; psychiatric evaluations by clinical nurses............ SB 312 Drug-Free Schools; additional goal of the QBE Act. ........................... SB 43 Drug-free Workplace Programs; employee assistance programs. ............... HB 811 Drug-free Workplace Programs; testing, rehabilitation of employees. ........... SB 310 Drug-free Workplace; testing; employee benefits denied for drug use. .......... SB 235 Drug Trafficking; persons convicted; restrict granting of parole. ................ SR 99 DUI Alcohol; chemical tests; results; license suspension. ...................... SB 163 DUI Alcohol or Drug Use Reduction Programs; restrictions on referrals or ownership........................................................... HB 508 DUI Alcohol or Drug Use Reduction Programs; use of courthouse space. ....... SB 109 DUI Alcohol or Drugs; probation condition; ignition interlock device. ........... SB 28 DUI Offenders; license reinstatement; drug use reduction program. ............ SB 307 DUI Offenders; mandatory license suspension; reinstatement conditions. ....... HB 24 DUI; third or subsequent conviction; publish name in newspaper. ............. SB 119 Firearms; unlawful possession; persons under influence certain drugs. .......... SB 121 Jails; persons furnishing alcohol, drugs to inmates; felony penalty.............. HB 29 Juvenile Court Records of Drug Abuse; access by school personnel............ HB 333 Pharmacists; dispensing dangerous drugs to EMS providers. .................. SB 241 Pharmacists-Patient Privileged Medical Information; disclosure. ............... SB 154 Substance Abuse; mental health services; new agencies to administer.......... HB 100 Workers' Compensation; injuries due intoxication or drug use denied........... SB 235

DUBLIN, CITY OF Board of Education; corporate powers; real estate, taxing authority. ......... HB 1094 Board of Education; election districts; reapportion............................ HB 13 Mayor and Councilmembers; time of election; terms. ....................... HB 1093

DUGGER, RAMONA; sang National Anthem.............................. Page 220

DULUTH, CITY OF; Ad Valorem Tax; homestead exemption; certain persons; referendum. .............................................. HB 951

DURHAM, LT. HAROLD "PINKY"; Designate; Medal of Honor Highway for in Tift County. .................................................................. SR 251

DURHAM, LT. HAROLD "PINKY" MEDAL OF HONOR HIGHWAY; designate Tift County. ................................................... HR 400

DYAR, JULIA TRAYLOR; recognizing.

SR 357

EAGLE SCOUTS; recognize Herman Hopgood and Brian Gulp. ............... SR 10

EARLY COUNTY Board of Education; reapportion; election districts; chairperson. .............. HB 103 Designate; Chattahoochee Valley Trail Scenic Highway on S.R. 39. ......... SR 232

EAST DUBLIN, CITY OF; mayor pro tempore; election by council; term. .... HB 918

EASTERN JUDICIAL CIRCUIT; superior court; judges; salary supplement. ............................................................ HB 1038

EASTMAN, CITY OF; city council; filling of vacancies. ..................... HB 789

ECHOLS COUNTY; Superior Court; clerk, deputy clerk and other personnel; salaries; remit fees to county funds............................... HB 342

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2350

JOURNAL OF THE SENATE

ECONOMIC DEVELOPMENT

Amtrak Passenger Rail Service Between Chicago and Florida; endorse......... HR 330

Counties, Municipalities; tax sharing for regional industrial parks. ............. SR 203

Defense Conversion Strategies Study Committee; investment incentives. ....... SR 289

Developmental Highway System; exclude Outer Perimeter...................... SB 98

Enterprise Zones; ad valorem tax exemption upon referendum approval. ....... SB 166

Enterprise Zones; creation; certain property tax treatment purposes. ........... SR 206

Horticulture Industry; urge Olympic Organizations to use Georgia's. ............ SR 11

Incentive Programs for Investment and Jobs; tax credits; study of.

.... SR 333

Industries; financial assistance to facilitate operations; Georgia Housing

and Finance Authority. ................................................. HB 142

Interstate Rail Passenger Network Compact; enact; impact study. ............ HB 966

Job Tax Credit; businesses locating in high unemployment areas.............. HB 536

Regional Development Centers; ARC; ratify transfer of Cherokee County. ...... HR 64

Regional Development Centers; boards; composition; powers; executive

director; employees; political activities. ................................... HB 753

Regional Development Centers; fluctuating boundary lines; study of........... HR 118

Regional Development Centers; territorial boundaries; ratify transfer of

certain counties. ........................................................ SR 238

Regional Development Centers; territorial boundaries; ratify transfer of

certain counties. ....................................................... HR 360

Retirement, Residential Communities; local assistance in promoting. ........... SR 199

Seed Capital Fund; duties of Office of Treasury and Fiscal Services. ........... SB 162

Upper Savannah River Development Authority; jurisdiction; projects. ....... HB 941

Upper Savannah River Development Authority; membership; projects. ......... SB 342

ECONOMIC DEVELOPMENT AND TOURISM COMMITTEE; Report on Governor's appointees ........................................ Page 1934

EDUCATION (Also See Colleges and Universities or Schools or Teachers)

Academic Olympic Challenge; urge in public schools. ......................... SR 189

Adult Education Courses; mandatory participation for certain inmates. ....... HB 191

AFDC Recipients of Public Assistance; school attendance required. ............. SB 66

Appropriations; mandatory calculation excluding lottery proceeds. .............. SR 91

Appropriations; Technical, Adult Education Finance Study Committee. ........ SR 267

Blind Persons' Literacy Rights and Education Act; braille..................... SB 110

Blind Persons' Literacy Rights and Education Act; Braille courses. ........... HB 492

Boards of Education; appointed boards; delete certain reference. ...

HB 316

Boards of Education; attorneys serving as counsel; service as judge............. SB 120

Boards of Education; insurance cancellation; temporary coverage.............. HB 568

Boards of Education; registration of own trademark or service mark. ......... HB 538

Charter School Program Grants; criteria; improved student performance..... SB 74

Charter School Program Grants; requirements; conditions; contracts............. SB 79

Code Revision; Title 20; correct errors and omissions. ....................... HB 145

Council for School Performance; creation; membership; powers; duties........... SB 73

Dropout Prevention; attendance problems; revoke driving privileges. ...... SB 198

Dropout Prevention; attendance problems; suspend driving privileges. ....... SB 168

Education Accountability and Evaluation Commission; creation. .............. HR 398

Elected Boards and Appointed Local School Superintendents; implement

Constitutional Amendment adopted 1992; statutory changes. ............... HB 300

English; official state language; exceptions, language instruction................ SB 127

Enrollment Counts; calculation; driver education course...................... HB 718

ETV 24-hour Cable Channel; Altamaha Technical Institute; commend.......... SR 133

Fiscal Affairs; functions of Office of Treasury and Fiscal Services. ............. SB 162

Funding; capital outlay; task force to review current programs................... SR 8

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INDEX

2351

EDUCATION (Continued)

Funding; task force to study flexibility in use of tax dollars. .................... SR 7

Gerontology, Geriatrics; health, human service program licensure. ............ HR 120

Gerontology, Geriatrics; urge professional educational initiatives. ............. HR 126

Grants; charter school program; organization; operations; contracts. ........... SB 79

Grants; charter school status; criteria; petitions; terms; renewals. ............... SB 74

Guidance Counselors; primary, upper elementary grades; funding of.......... SB 204

High School Foreign Language Credit; American Sign Language. .............. SR 128

In-school Suspension Classes; qualifications of persons in charge. ............... SB 44

Juvenile Law Enforcement Records; disclosure to school personnel. ............ SB 122

Juveniles; students committing felony crimes; courts notify schools............. SB 132

Kindergarten and First Grade Classes; reduce maximum class size. ............ SB 216

Librarians; professional certification; accredited master's degree................. SB 67

Local Boards; building permits, inspections; exempt local impact fee. ......... HB 255

Local Boards; contracts; members having relationship with such bank. ........ HB 737

Local Boards; duties; data for compiling jury lists. ........................... SB 193

Local School Funds; disbursement; postsecondary loans, scholarships. ......... HB 429

Local School Systems; capital outlay; construction projects; study of. ............ SR 8

Local School Systems; tax dollars used to achieve goals; study of. ............... SR 7

Lottery for Education Account; appropriations SFY 1993-1994................ HB 259

Lottery for Education Account; proceeds; appropriation restrictions. ........... SB 100

Lottery for Education Account; utilization of moneys; annual report. ........... SB 73

Lottery for Education; advertising; signs at retail liquor stores................. SB 206

Lottery for Education; resubmission to voters of continued existence. .......... SR 134

Lottery Winners Owing Money, Taxes to State; debt collection; withholding

of winnings so liened. ................................................... SB 104

Minors Under Age 18; driving privileges revoked; unexcused absences

or academic deficiencies.................................................. SB 198

Minors Under Age 18; driving privileges suspended; failure attend school

or job training program. ................................................. SB 168

Nonprofit Organizations; self-insured health plans; license exception. ........... SB 17

Nonpublic Postsecondary Education Commission; change organization of. ...... SB 308

Postsecondary Courses Taken by Secondary Pupils; funding provisions. ........ SB 369

Postsecondary; loans, scholarships; use of local school funds. ............. HB 429

Postsecondary; student athletes; registration of athlete agents. ............... HB 462

Postsecondary Student Loan Programs; urge lender flexibility. ................ SR 147

Postsecondary; Study Committee for a Seamless Education System. ........... SR 222

PTA National Slogan Created by Student Reeve Maddox. .................... SR 124

PTA, Parent-Teacher Association of Georgia; commend. ....................... SR 22

Public or Private Schools; unpaid volunteers; immunity from liability. ...... SB 41

Public, Private Schools; property damage, theft; criminal trespass........... SB 42

Public Schools; comprehensive evaluations; exemption; accreditation. ........... SB 40

Public Schools; evaluation of programs, goals; use of lottery moneys. ........... SB 73

Public Schools; forms; multiracial classification for racial data. ................ SB 149

QBE; funding guidance counselors in primary, upper elementary grades. ....... SB 204

QBE; local fair share funds; equalization grants; calculation method............ SB 101

QBE; local fair share funds; limitations on amount. ......................... HB 282

QBE; local fair share funds; replace with state sales tax increase............... SB 205

QBE; program formula components, weights; urge task force to review. ........ SR 183

QBE; purpose; additional goals, achievements by the year 2000. ................ SB 43

QBE; school evaluations; minimize class time; funding for counselors.

SR 217

QBE; standards review process; excessive paperwork; study committee. ........ SR 215

School Attendance; mandatory to age 18 years; applicable school year. .......... SB 72

School Bus Drivers; random drug testing; policies; funding method............. SB 107

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JOURNAL OF THE SENATE

EDUCATION (Continued) School Buses; tires; change tread requirements. ............................ HB 214
School Guidance Counselors, Social Workers, Psychologists; access to juvenile court and child abuse records of students......................... HB 333
School Health Programs; health assessments, screenings; provide for. ........... SB 46 School Organizations; raffles, casino gambling; license to operate. .............. SB 140
School Property Tax Digest; complaints; appointment of arbitrators............ HB 62 School Superintendents; minimum salary; regardless of system size............ HB 248
School Taxes Reliance on Local Ad Valorem Tax; commission to study.......... SR 44 School Taxes; revenue structure; evaluation of alternative sources.............. HR 91 Schools; alcoholic beverage sales within certain distance prohibited. ........... SB 301
Schools; alternative high school programs for diploma credit................... SB 341 Schools; employers; disclosure of employee job performance. .................. SB 175
Sex Education, AIDS Prevention Course Materials; appropriateness of. ......... SB 37 Sex Education, AIDS Prevention Course Materials; parental rights............. SB 274 Sex Education, AIDS Prevention Instruction; requirements.................... SB 246 Sex Education; curriculum, classes; parental review; public hearings............ SB 292 Sister-Schools; recognize and encourage concept of. .......................... SR 349
Special Education Services; braille for blind and visually impaired. ............ SB 110 Special Education Services; visual impairment; Braille instruction............ HB 492 Speech-language Pathologists, Audiologists; temporary license exemption
for certain educators...................................................... SB 88
State Board; members; duty to hold public hearings; public notices. ............ SB 45 State Board; transfer of functions; public documents depository. ............. HB 463 State School Superintendent; limitation of terms of office. ...................... SR 5 State School Superintendent; limitation of terms of office. .................... SR 140 Student Assessment; curriculum-based assessment results; disclosure. ........... SB 59 Student Assessment; graduation tests, field testing; school evaluations,
'exempt school' designation............................................... SB 316
Student Athletic Teams; voluntary service of doctors; tort immunity. ......... HB 252 Students; alternative diploma credit programs regardless of age............... SB 341 Teachers as Leaders Program; commend..................................... SR 258 Teachers, Other School Personnel; administrative proceedings; records. ......... SB 70 Teachers, Other School Personnel; employment contracts. .................... SB 290 Teachers; postsecondary programs; ethics, professionalism training. ............. SR 60 Teachers, Public School Employees; retirees; health insurance. ................ SB 352 Teachers Retirement; members; termination; taxable contributions. ........... HB 239 Teachers Retirement; membership; rehired retirees. ......................... HB 781 Teachers; 1993 Georgia Teacher of Year; commend Nancy Royal. ............. SR 150 Technical and Adult; committee to study formula-based funding............... SR 267 Technical and Adult; training programs for water well contractors. ........... HB 224 Technical; postsecondary institutions; coordination of programs................ SR 222 University System; labs, equipment, technology and research funding;
committee to study. ...................................................... SR 18 Vocational Educator Award; James Bridges, Valdosta Tech Institute. ........... SR 98 Year-round School Scheduled Throughout 12 Months; committee to study....... SR 39

EDUCATION COMMITTEE Report on Governor's Appointments ..................................... Page 1935 Vice Chairman Oliver serve as Chair...................................... Page 853

EDWARDS, TIMOTHY, NATIONAL 4-H CHAMPION; commend. Refer to numerical index for page numbers

SR 85

INDEX

2353

EFFINGHAM COUNTY

Board of Commissioners; compensation..................................... HB 867

Coastal Area (Olympic) Games Authority; creation; powers; membership.. .

SB 145

State Court; judge; change salary. ......................................... HB 157

EGAN, SENATOR MIKE; excused for medical appointment .............. Page 1068

ELBERT COUNTY Upper Savannah River Development Authority; jurisdiction-, projects. ......... HB 941 Upper Savannah River Development Authority; operational jurisdiction. ....... SB 342

ELDERLY AARP, American Association of Retired Persons; recognize.................... SR 144 Consumer Crimes Against Elder Persons; violations; punitive damages......... HB 193 Consumer Crimes Against Elderly Persons; penalties; remedies. ............... SB 295 Gerontology, Geriatrics; health, human service program licensure. ............ HR 120 Gerontology, Geriatrics; urge professional educational initiatives. ............. HR 126 Health Care; demands on hospital systems; committee to study funding. ....... HR 16 Older Worker Task Force; retraining, reemployment needs; study of. .......... SR 131 Personal Care Homes; licensing; redefine scope of services.................... HB 340 Personal Care Homes; restraints, isolation of residents restricted............... SB 169 Retirement, Residential Communities; local assistance in promoting. ........... SR 199 Saltwater Recreational Fishing; honorary licenses............................. SB 272 Senior Georgians Week at the State Capitol; recognizing. ..................... SR 137 Task Force on Abuse; financial exploitation and violent acts against. .......... SR 152

ELDRIDGE, FRANK JR.; elected Secretary of the Senate .................. Page 18

ELECTED OFFICIALS (See Elections or Public Officers and Employees)

ELECTIONS (Also See Ethics in Government and Term Limits)

Absentee Ballots; counting and tabulation; challenged ballots. .................. SB 35

Amend Constitution; ad valorem property assessment; limit increases. .......... SR 92

Amend Constitution; ad valorem; separate class for enterprise zones. .......... SR 206

Amend Constitution; appropriations bills; authority of Governor to reduce in

whole or in part.......................................................... SR 27

Amend Constitution; appropriations; supplementary Acts not authorized......... SR 63

Amend Constitution; bills for raising revenue; approval requirements............ SR 65

Amend Constitution; bills raising revenue; approval requirements. .............. SR 94

Amend Constitution; continuation of lottery; resubmission to voters............ SR 134

Amend Constitution; county funding of courts; matters in dispute.

SR 192

Amend Constitution; divorce actions; when court render judgment. ............ SR 141

Amend Constitution; General Assembly and Lt. Governor; term limits........... SR 90

Amend Constitution; General Assembly members; limit terms of office. ......... SR 17

Amend Constitution; holding of raffles by nonprofit organizations. ............. SR 107

Amend Constitution; local tax sharing for regional industrial parks............. SR 203

Amend Constitution; mandatory education funds; exclude lottery proceeds....... SR 91

Amend Constitution; provide for public initiative petition process.............. SR 151

Amend Constitution; public officers; limitation of terms of office. ................ SR 5

Amend Constitution; public officers; limitation of terms of office. .............. SR 140

Amend Constitution; regulation of nude or other sexual conduct. .............. SR 187

Amend Constitution; requirements to increase taxes, fees, assessments............ SR 6

Amend Constitution; restrict powers of Pardons and Parole Board. ............. SR 99

Amend Constitution; state expenditure limitations; reserve fund. .............. SR 148

Ballots; Braille print for Use by the Blind or Visually Impaired. .............. SB 112

Boards of Education; appointed local school superintendents; implement

Constitutional Amendment Adopted 1992................................. HB 300

Campaign Contribution Disclosure Reports; late filing fees. .................. HB 171

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2354

JOURNAL OF THE SENATE

ELECTIONS (Continued)

Candidacy, Notice of; filing affidavits; withdrawal of candidates............... HB 297

Candidate; qualifying; disqualified; voter lists; precinct maps; referenda

on use of machines; special primaries..................................... HB 802

Candidates Nominated in Primaries; withdrawal procedures. ................. HB 376

Candidates; party nomination petitions; each card with one signature. ........ HB 606

Code Revision; Title 21; correct errors and omissions. ....................... HB 146

Congressional Districts No. 2, 3 and 8; change composition................... HB 964

County Commissioners, Chairpersons; nonpartisan primaries, elections.......... SB 370

Ethics; lobbying by former legislators, public officials restricted. ................ SB 69

Fiscal Affairs; functions of Office of Treasury and Fiscal Services. ............. SB 162

House of Representatives; new description, 30 districts; boundaries. .......... HB 787

Municipal; absentee ballots; counting, tabulation; challenged ballots. ............ SB 35

Municipal and County Consolidation of Governments; referendums. ............ HB 2

Municipal; ballots; Braille print for the blind, visually Impaired. .............. SB 112

Municipal; calling of special primaries and elections. ........................ HB 802

Municipal; minimum standards to qualify as active municipality. .............. HB 84

Municipal; poll officials, eligibility; voter registration, lists; school registrars;

absentee ballots; activities at poll places. ................................. HB 297

Municipal; polling places; activities restricted within vicinity. ................ HB 125

Municipal; special elections to fill vacancies; interim appointees............... HB 304

Nonpartisan; certain local offices; remove straight party voting. ............... SB 283

Poll Officers, Superintendents; relatives of candidates ineligible. .............. HB 297

Polling Places; activities restricted within 150 feet of building. .............. HB 125

Polling Places; supermarket, grocery stores; alcoholic beverage sales. ............ SB 95

Primaries; allow voting for one candidate of any political party. ............... SB 160

Primaries; grounds for contesting results.................................... HB 802

Senate Districts 21, 32, 33, 37, 42, 48, 53, 54, and 56; composition. ........... HB 964

Senatorial Districts No. 21, 32, 42, 53 and 54; change composition. ............ SB 361

Special Elections to Fill Vacancies; appointees; listing on ballot............... HB 304

State Board; additional powers; violations of election laws or rules. ........... HB 298

State Board; duties; violations of election laws, rules.......................... SB 215

State Officers and Employees; participating in political activities................ SB 55

Superintendents; duties; delivery of voting materials, documents. .............. SB 214

Term Limitations; U.S. Senators, Representatives; limit to 12 years.

....... SB 57

Term Limitations; U.S. Senators, Representatives; names on ballots............ SB 344

Violations; duties of attorney general and elections board. .................... SB 215

Violations; duties of attorney general and state board........................ HB 298

Voter Registrars, Deputy Registrars; eligibility; registration card form,

purging lists, written challenges, absentee ballots. ......................... HB 295

Voter Registrars; duties; registered voters; source for jury list.................. SB 193

Voter Registration; additional places; PSD license examine offices.

.... SB 131

Voter Registration; precinct changes; cancellation of absentee ballots;

restrict activities near polling places...................................... HB 297

Voting in Party Primaries; vote for one candidate for each office. ............. SB 160

Voting Materials; delivery to clerk of superior court or designee. .............. SB 214

Voting; nonpartisan offices; remove straight party voting; exception. ........... SB 283

ELECTRIC UTILITIES Conditioned Air Contracting; redefine; wiring, installation, repair. ............ HB 258 Construction Codes; enforcement; state minimum standard codes. ............ HB 505 Electrical Contractors; licensure; utility foreman............................. HB 653 Regulations, Representation; Utility Finance Section of PSC created. .......... SB 250

ELECTROLOGY; practice of permanent hair removal; committee to study....... SR 55

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INDEX

2355

ELLAVILLE, CITY OF; Ellaville-Schley County Charter Commission; create. ................................................................. HB 1076

ELLIS, DETECTIVE FREDERICK A. OF WAYCROSS; commend. ........ SR 291

EMANUEL COUNTY Emanuel County Development Authority; members; selection; terms. ......... HB 731 Motor Vehicle Registration; staggered periods. .............................. HB 730

EMERGENCY DISASTER MANAGEMENT Disaster Areas; after-disaster price gouging prohibited. ...................... HB 173 State Defense Force; volunteer militia; role, functions; commander. ............ SB 368

EMERGENCY MEDICAL SERVICES Ambulance Services; licenses; fees; deposit indigent care fund. ............... HB 593 Ambulances; exclusion as to motor common carrier defined in Title 46. ..... HB 242 Ambulances; exclusion to motor common carrier regulations, Title 46. ........ HB 391 Emergency Telephone 911 Providers; military bases; joint authorities.......... HB 719 Emergency 911 Telephone System Funds; allocation and use of moneys. ....... SB 302 EMS Technicians, Paramedics, Cardiac Technicians; recertification. ........... SB 263 Human Body Parts; unauthorized removal or dismemberment; penalties. ...... HB 686 Issuance of Drugs and Controlled Substances to Medical Director Only........ SB 241 Motor Vehicle Insurers; official vehicles of emergency personnel; premium surcharge restrictions. .......................................... HB 69 Obstructing or Hindering Emergency Medical Technician's Official Duties; penalties. ...................................................... HB 659

EMERGENCY TELEPHONE 911 SYSTEMS Allocation of Moneys from 911 Charges; additional use for such money. ..... SB 302 Providers; subscriber billing; military bases; joint authorities. ................ HB 719

EMINENT DOMAIN Georgia Transportation Authority; creation; powers. .......................... SB 328 Property; conservation easements; limit eminent domain powers. ............. HB 751

EMPLOYEE HEALTH BENEFIT PLAN, STATE
Natural Resources Department; hourly paid employees; benefits. ............. HB 720 Teachers, Public School Employees; retirees; continuation of coverage. ......... SB 352

EMPLOYEES' RETIREMENT SYSTEM Board of Trustees; per diem for expenses................................... HB 781 Creditable Service; military service during World War II. ..................... SB 255 Creditable Service; secretary of superior court judge or district attorney. ..... SB 378 Involuntary Separation; position abolished by employing agency. .............. SB 129 Members; retirement at age 55; identifies employees who are entitled. ........ HB 750 Membership; county juvenile detention employees; transfer of service. ......... SB 211 Membership; employees of Lake Lanier Islands Development Authority. ....... SB 377 Rehired Retirees of Department of Technical and Adult Education. .......... HB 781

EMPLOYER CHILD CARE ISSUES STUDY COMMITTEE.

SR 332

EMPLOYMENT Child Care; employer on-site day care; issues; committee to study.............. SR 332 Drug, Alcohol-Free Workplace Environments; drug testing policies. ............ SB 235 Drug-free Workplace Programs; certification; employee assistance. ............ HB 811 Drugs; substance abusing employees; testing, rehabilitation programs........... SB 310 Employment Reports to State Child Support Registry; employers duty. ........ SB 269 Health Care, Day Care or Child Care Facilities or Schools; disclosure of employee job performance; immunity from liability. ........................ SB 175

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2356

JOURNAL OF THE SENATE

EMPLOYMENT (Continued) Independent Contractors for Published or Printed Materials; exclusion, unemployment or workers' compensation. ................................ HB 678 Job Tax Credits; businesses locating in high unemployment areas............. HB 536 Labor Pools; work-site employers; failure to pay temporary workers. .......... HB 389 Older Worker Task Force; retraining, reemployment issues; study of. .......... SR 131 Wages; income deduction orders for child support; notice to payer. ........... HB 261 Workers' Compensation; employee compensable injuries; medical exams. ....... SB 267 Workers' Compensation; exclusion; self-insured small employers. .............. SB 176 Workers' Compensation; injured workers; medical test procedures. ............. SB 300 World Congress Center; hiring practices; area neighborhood residents. .......... SB 39

EMPLOYMENT SECURITY LAW (Also See Labor and Industrial Relations) Unemployment Compensation; exclusion; independent contract carriers for published or printed materials. .......................................... HB 678 Unemployment Trust Fund; withdrawals by Labor Department............... HB 349

EMUS BIRDS; commercial production and farming; urge feasibility study. . . . . . SR 330

ENERGY Federal Energy Policy Act of 1992; incorporate Georgia Tax laws. ............ HB 218 State Energy Code for Buildings; conforming construction and design. ........ HB 505 Waste-to-Energy Facilities; solid waste; exempt certain reporting. ............ HB 257

ENERGY QUALIFICATIONS AND OVERVIEW COMMITTEE; public utility regulations. .................................................. SB 250

ENGINEERS AND LAND SURVEYORS Engineers Day in Georgia; declaring...................... SR 41 Mechanical Engineer; membership; State Construction Licensing Board. ... HB 653 Professional Engineering; Georgia Limited Liability Company Act. ........... HB 234

ENGLISH LANGUAGE; official state language used in public records. ....... SB 127

ENGRAM, BEVERLY; former Senator; funeral service announced .......... Page 128

ENIGMA, CITY OF; new charter; incorporation, boundaries, powers. ........ HB 1110

ENTERPRISE ZONES Property Within; ad valorem tax treatment; amend Constitution............... SR 206 Property Within; exempt county, municipal ad valorem tax; referendum........ SB 166

ENVIRONMENTAL PROTECTION (Also See Natural Resources or

Hazardous Materials)

Air Pollution; global warming; urging state energy conservation. ............... SR 173

Air Quality; auto emissions; commuter efficiency program. .................... SB 124

Air Quality; auto emissions; establishment of ride-sharing programs. ............ SB 93

Air Quality; ozone nonattainment; commuter programs........................ SR 211

Biomedical Waste Disposal Facilities; restrict construction permits. ............ SB 381

Director; duties; analyze impact of ground-water withdrawal permits. ........... SB 10

Division; duties; public hearings prior to permitting hazardous waste

or pollutant facilities. ............. SB 262

Division; powers; plant operators, lab analysts of public water systems,

waste-water treatment plants; instruction, training......................... HB 283

Hazardous Site Inventory; public filing; disposal, release location. ............. SB 294

Jekyll Island; restrict development; 65% land area; survey; maps. .... SB 336

Lead-based Paint and Dust Poisoning; hazards to children; study of. .......... SR 136

Lead Poisoning; prevention of hazards in the home; study committee.

HR 180

Litter Control; public trash, garbage containers; unauthorized removal

of items. .......................................................... HB 95

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INDEX

2357

ENVIRONMENTAL PROTECTION (Continued) Pollution Prevention Assistance; new division of DNR; established. ........... SB 200 Solid Waste; landfills; disposal restrictions; yard trimmings.................... SB 289 Solid Waste Pollution; sludge generated by waste-water treatment. ............ HR 66 Solid Waste Reduction Plans; modification of facilities; new permits. ......... HB 257 State Agencies; use of recycled products, materials; compliance. ................ SB 9 Water Pollution Control; sewage treatment; adding sewer connections. .......... SB 19 Water Pollution Control; sludge land application sites; permits. .............. HB 228 Water Pollution; storm-water run-off from land-disturbing activities............ SR 252 Water Treatment; waste-water; sludge disposal, storage facilities. .............. SB 276 Water Well Contractors; license renewal; continuing education............... HB 224
EROSION AND SEDIMENTATION ACT Land-disturbing Activities; regulatory compliance yet damages caused. ........ HB 566 Storm-Water Run-off; construction activity pollution sources; study. ........... SR 252
ESCAPE, OFFENSE OF Offenders Who Escape from Imprisonment; notification to the victim. ......... SB 252 Offenders Who Escape Incarceration; notification to victim of crime........... HB 211
ESTATES (Also See Wills, Trusts, and Administration of Estates) Guardians or Fiduciaries; renunciation of property interest. ................... SB 189 Wills; lost or destroyed; petitions for probate. ............................... SB 256 Year's Support; define term; child entitled to inherit. ........................ SB 172 Year's Support of Family of the Deceased; increase minimum amount........... SB 81
ETHICS IN GOVERNMENT (Also See Elections) Campaign Contribution Disclosure Reports; late filing fees. .................. HB 171 Contracts; school boards; relationshp between members and bank............. HB 737 Elections; polling places; restrict campaign, opinion poll activity. ............. HB 125 General Assembly; standing committees; members prohibited accept travel expenses paid by certain lobbyists. ....................................... SB 118 Influence of Special Interests; limit terms of U.S. Congressmen. .............. SB 344 Jekyll Island-State Park Authority; members leasing property. ................ SB 337 Lobbying; restrict conduct of former legislators, public officials. ................ SB 69 Senate and House Ethics Committees; witnesses; subpoena procedures. ....... HB 972 State Employees; transacting business with mental health agencies............. SB 159 State Officers and Employees; participating in political activities................ SB 55
EUHARLEE, CITY OF; mayor's court; ordinance violations; maximum fines. .................................................................. HB 1055
EVANS COUNTY; board of commissioners; chairman, members; compensation. ........................................................... HB 1035
EVIDENCE Civil Actions; witnesses; state regulatory agencies; no compensation. ........... SB 229 Criminal Procedure; search warrants; lawful evidence obtained................. SB 113 Family Violence, Child Abuse Victims; use of force in self-defense. .............. SB 3 Medical Records; pharmacist-patient privileged information; waiver. .......... HB 510 Medical Records; pharmacists-patient privileged information. ................. SB 154 Subpoenas; procedure for Senate and House Committees on Ethics. .......... HB 972 Trials; motion for new trial; extension of time to file transcript................. SB 33 Wiretapping; consent to intercept or record telephone messages................ HB 47 Writings Accepted Under Best Evidence Rule; certified public records; copies transmitted by facsimile. .......................................... SB 244
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2358

JOURNAL OF THE SENATE

EXAMINING BOARDS, STATE (Also See Professions and Businesses) Auctioneers Commission; powers; license qualifications; reciprocity; false advertising; sanctions; investigators.................................. HB 826 Board of Landscape Architects; additional member. ......................... HB 714 Composite Board of Professional Counselors, Social Workers, Marriage and Family Therapists; powers; licensing; disciplinary actions.................... SB 137 Composite Board of State Medical Examiners; powers; recertification of EMS technicians, paramedics, cardiac technicians................................ SB 263 Construction Industry Licensing Board; powers; change composition........... HB 653 Construction Industry Licensing Board; Roofing Contractors Division. ......... SB 190 Electrology, Practice of; hair removal; committee to study licensure. ............ SR 55 Georgia Board of Dentistry; change name to include dental hygiene............ SB 305 Georgia Home Inspector Licensing Board; creation. .......................... SB 330 Health, Human Service Programs; urge gerontology, geriatric education. ...... HR 120 Hearing Aid Dispensers; licensure; applications for examinations. ............. HB 410 Librarians; professional certification; accredited master's degree................. SB 67 Licensed Dietitians, Board of Examiners; creation; powers; duties. .............. SB 20 Licensed Professionals; members of limited liability companies. .............. HB 264 Licensing Professions, Businesses; applicant question; history of sanctioned, revoked or suspended license. ............................................ SB 108 Medical Examiners, Composite State Board; commend........................ SR 247 Occupational Therapists or Assistants; licensure; qualifications................. SB 115 Podiatrists; licensure; applications for examination. ......... ............... HB 408 Polygraph Examiners Employed by Public Agencies; licensing fees. ........... HB 631 Respiratory Care Practitioners; certification requirements. ................... HB 491 Roofing Contractors, Division of; creation; membership; powers. ............... SB 190

EYE GLASSES, LENSES, VISUAL CARE (Also See Medical Practice) Eyesight Exams; persons taking driver training instruction. ................... SB 245 Optometry; administering topical or oral pharmaceuticals. .................... SB 199

FACSIMILE TRANSMISSION DEVICES Public Records; admissibility as evidence when facsimile transmitted........... SB 244 State Agencies; stationery used; printed telephone and FAX numbers. ......... HB 82 Tax Levy Served by FAX Transmission Upon Depositor's Bank Account. .... HB 275

FAIR AND OPEN GRANTS ACT OF 1993.

SB 4

FAIR AND OPEN GRANTS ACT OF 1993; enact.

SB 335

FAIR BUSINESS PRACTICES (Also See Commerce and Trade or Selling) Consumer Crimes Against Elderly, Disabled Persons; penalty; remedies......... SB 295 Consumer Crimes Against Elderly or Disabled; violations; remedies. .......... HB 193 Home Health Care Services; unlicensed; deceptive advertising. ............... HB 335 Mortgage Lenders, Brokers; fraudulent home mortgage practices. ............. HB 237

FAIRCO PROPERTIES INC.; lessee under Consolidated Lease; termination of agreement. ................................................. SR 119

FALCONS FOOTBALL COACH AND PLAYERS; introduced

Page 1198

FAMILY AND CHILDREN SERVICES (Also See Human Resources or Social Services) Public Assistance; illegal aliens ineligible; acute medical care. ................. SB 164 Recipients; benefits; eligibility; disqualifications; welfare reforms. ............... SB 26

FAMILY VIOLENCE (Also See Domestic Relations or Social Services) Acts Defined; offenses of stalking included in definition. ....................... SB 13 Elder Abuse Task Force; physical, mental, financial abuse issues............... SR 152 Family Court Division Within Each Superior Court; creation. ................. SB 376

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INDEX

2359

FAMILY VIOLENCE (Continued) Protective Orders; provide for statewide jurisdiction, enforcement. ............ HB 680 Victims; prosecution for murder, manslaughter; self-defense evidence............. SB 3
FANNIN COUNTY HIGH SCHOOL GIRLS' BASKETBALL TEAM; commend. ................................................................ SR 337
FANNIN COUNTY 9 AND 10 YEAR OLD GIRLS BASKETBALL TEAM; commend. ....................................... SR 351
FARMS AND FARMERS (Also See Agriculture) Blueberry Plants; exempt ad valorem taxation; referendum approval. ..... HB 664 Crop Production Loans; secured transactions; priority as collateral. ............ HB 75 Crops Due Sharecropping Agreements; secured transactions of landowner....... HB 73 Emus Birds; commercial production and farming; urge study of................ SR 330 Farm Products Used as Collateral; commission merchants; registering security interest; filing with superior court clerks. ......................... HB 244 Food Producers; recovery of damages; disparagement of product safety. ....... HB 124 Fresh Produce; dealers; prompt payment; certificate of receipt. ............... HB 341 Migrant and Seasonal Farm Workers; access to health care; study of. ...... SR 336 Peanut Growers; unfair international trade agreements; relative to. ............ SR 237 Sales Tax; exemption; certain agricultural commodities, truck crops. .......... HB 786
FARROW, SENATOR STEVE; excused due to snow ..................... Page 1307
FAULK, LANETTE O'NEAL; designate memorial bridge to honor; Twiggs County. .......................................................... HR 134
FAYETTE COUNTY Board of Commissioners; chairman, members; compensation. ................ HB 1045 Board of Education; chairperson and members; compensation, expenses. ...... HB 612
FAZ, GEORGE J., FEDERAL DRUG ENFORCEMENT AGENT; commend. ........................................................... SR 28
FEDERAL GOVERNMENT (Also See Congress, U.S.) Census of Fatal Occupational Injuries Program; access to records. ............. SB 103 Congress; student loan programs; urge lender flexibility. ...................... SR 147 Congress; urge preserve ban on homosexuals serving in armed forces. .......... SR 195 Conversion of Defense Facilities to Nonmilitary Uses; study impact. ........ SR 289 Federal Tax Liens on Property; filing, indexing, recording...................... SB 85 Georgia Tax Laws; incorporate federal laws enacted on or before 1993. ....... HB 218 Grants, Loans; housing, transportation, water treatment; local government participation; intergovernmental contracts. ............................... HB 728 Illegal Aliens; ineligible for public assistance; referrals. ....................... SB 164 Immigration Policy; restricting HIV infected persons entry; endorse. ........... SR 214 Immunization of Children; urge DHR utilize certain federal funding. .......... SR 348 Intermodal Surface Transportation Efficiency Act; state compliance. ........ HB 669 International Trade Agreements Effecting Peanut Growers; relative to.......... SR 237 Older Americans Act; Task Force on Elder Abuse to study amendments........ SR 152 Payments of Federal Manufacturer's Excise Tax; contracts; timing. ........... HB 797 Urge Action to Curb Unfunded Federal Mandates Imposed Upon States. ....... SR 59 U.S. Department of Agriculture; cooperative agreement; certification. ........... SB 18 U.S. Department of Defense; base closures; bonds to finance new Accounting Facility. ..................................................... HB 86 U.S. Department of Defense; base closures; new facilities; contracts. ............ SB 30 U.S. Senators, Representatives from Georgia; term limitations. ................. SB 57
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2360

JOURNAL OF THE SENATE

FIDUCIARY Acting Behalf of Wards, Heirs, Beneficiaries; renunciation of property interest................................................................. SB 189 Bank or Trust Company; affiliate transfers; trust powers. .................. SB 346

FINANCIAL INSTITUTIONS (See Banking and Finance)

FINES; superior court clerks; partial payments; distribution. ................... SB 156

FIRE PROTECTION AND SAFETY Fire Sprinkler Act; fees and grants; fiscal agency. ........................... SB 162 Firefighters' Recognition Day; commend. .................................... SR 177 Firefighters; vehicle accidents; restrict insurance premium surcharge............ HB 69 Firemen's Pension Fund; benefits; postretirement increases.................... SB 142 Firemen's Pension Fund; membership eligibility; creditable service. ............. SB 83 Firemen's Pension Fund; prior eligible service credit; requirements............. SB 303 Firemen's Pension Fund; repeal exemption from Public Retirement Systems Standards Law......................................................... HB 234 Firemen's Pension Fund; years required for vesting; early retirement. ........... SB 82 Fireworks Displays; licensees; regulate storage of surplus, excess. ............. HB 286 Insurers; residential property; cancellation for certain reasons. ................ SB 230 Local Government Services; consolidation to improve efficiency. ............... HB 83 Local Government Services; minimum standards; inactive municipalities........ HB 84 Safety Fire Commissioner; duties; construction codes; proposed rules. ......... HB 505 Safety Fire Commissioner; licensing agency; motor vehicle racetracks.......... HB 213 Safety Fire Commissioner; permit fees; compressed natural gas for vehicular fuel; anhydrous ammonia storage. ....................................... HB 386 State Forestry Commission; volunteer service programs; operation of. ........... SB 51

FIREARMS AND WEAPONS Authority to Carry Weapons; Attorney General staff persons; superior court clerks. .......................................................... SB 348 Conservation Rangers; retention of weapon after 25 years service. ............. SB 306 Firearms; possession; certain city, county officers, court personnel............. HB 490 Firearms Protection for Minors Act; unsafe storage of loaded guns causing death or injury; penalties; statewide referendum............................ SB 360 Firearms Protection for Minors; negligent storage; penalties. ................... SB 68 Firearms Protection for Minors; offense of criminal storage.................... SB 247 Firearms; unlawful possession; persons under influence alcohol, drugs. ....... SB 121 Guns, Pistols, Weapons; penalty for person to furnish to jail inmate. .......... HB 29 Hunting; legal weapons; use of crossbows by disabled persons. ................ SB 243 Hunting; persons ages 12 through 25; safety education certification; adult supervision for minors. ................................................. HB 597 Purchaser Background Check; persons ineligible; dealer information............. SB 12 Revenue Agents, Enforcement Officers; retain weapon after 25 years. ......... HB 311

FIREMEN'S PENSION FUND Benefits; postretirement adjustments, increases; conditions. .................. SB 142 Membership; eligibility; disregarding age; creditable service..................... SB 83 Prior Service Creditable Toward Retirement; firemen, volunteers. ............. SB 303 Repeal exemption; Public Retirement Systems Standards Law................ HB 234 Vesting; reduce number of years required; early retirement age 45. ............. SB 82

FIREWORKS DISPLAYS; licensees; regulate storage of surplus, excess..... HB 286

FIRST PRESBYTERIAN CHURCH OF CARTERSVILLE; commend.

SR 193

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INDEX

2361

FISHING (Also See Game and Fish) Honorary Licenses; disabled persons. ....................................... SB 243 Saltwater Recreational Fishing and Charter Boat Fishing; licenses. ............ SB 272

FLAGS, SEALS, AND OTHER SYMBOLS (Also See State Symbols) State Flag; change appearance, description; state-wide referendum. ............ SB 136 State Flag; change design and description; state-wide referendum. .............. SB 71 State Flag; change design to original flag; state-wide referendum............... SB 248 State Flag Design Commission; creation. .................................... SB 186

FLEMING, ESTELLE L.; introduced..................................... Page 542

FLEMING, ESTELLE LEWDROP; commend. .............................. SR 54

FLINT RIVER; construction of check dams; committee to study. ............... SR 19

FLORIDA; party state; Interstate Rail Passenger Network Compact. .......... HB 966

FLOVILLA, CITY OF; new charter.

HB 888

FLOYD COUNTY; board of commissioners; qualifications; residency. ........ HB 1079

FOOD, DRUGS AND COSMETICS
Agricultural Products; commercial markets; inspection, certification. ............ SB 18 Dietetic Counselors; nutritional care delivery; licensure; regulate. ............... SB 20 Food; perishable products; false information as to safety; damages. ........... HB 124 Food Services Operators; use of industrial grade nitrous oxide. ............... HB 374 Pharmacy, State Board; repeal rule relating to patient counseling. ............. SB 332

FORD, DEBORAH; leadership in field of home economics; commend........... SR 218

FORD MOTOR COMPANY PLANT IN HAPEVILLE; commend.

SR 244

FORESTRY Ad Valorem; forest property; current use assessment; uniform values. .......... HB 66 Arbor Day Observance, 102nd Anniversary; recognize. ........................ SR 190 Commission; fire-fighting facility; Glynn County; convey property. ............. SR 200 Commission; membership on Storm-Water Pollution Study Committee. ...... SR 252 Forest Products; pulpwood and pole trailers; amber marker reflectors. ........ HB 391 Forest Products; truck tractors; load length; warning flags.................... HB 660 Forest Products Trucking; pulpwood, pole trailers; reflectors.................. HB 242 Professional Foresters; registration; qualifications; reciprocity. .............. SB 117 Pulpwood and Timber; sold by weight on basis of tonnage or pounds. ........ HB 360 State Commission; use of volunteer services; purpose; functions................. SB 51 Timber; valuation for ad valorem purposes; fair market value. ................ SB 233 Tree Trimmings, Discarded Christmas Trees; disposal restrictions.............. SB 289 Tree Trimmings; yard trimmings; landfill disposal restrictions. ............... HB 257

FORFEITURE UNDER CONTROLLED SUBSTANCES ACT; notice of seizure; owner claim. ............................................ HB 712

FORGERY; property insurance; cancellation upon discovery of fraud............ SB 230

FORSYTH, CITY OF; council, mayor; term of office; Recorder's Court; misdemeanor cases. ...................................................... HB 696

FORT YARGO STATE PARK; sewer line easement; convey to City of Winder. .............................................................. HR 168

FOSTER, JUDGE W. A., JR. BRIDGE; designate; Paulding County. .......... SR 68

FOSTER PARENTS; criminal records check by child-placing agency. ......... HB 168

FOSTER PARENTS ASSOCIATION OF GEORGIA; commend.

SR 204

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2362

JOURNAL OF THE SENATE

FOSTER, TERRI; commend. ............................................... SR 352

FOUR-H CLUB STUDENT WINNERS; introduced...................... Page 155

FRANCHISES; motor vehicle; practices, procedures.......................... HB 454

FRANKLIN COUNTY Board of Commissioners; chairman; annual salary. ........................... SB 362 Probate Court; judge; annual salary. ........................................ SB 363 Superior Court; clerk; annual salary. ........................................ SB 364 Tax Commissioner; annual salary. .......................................... SB 365

FRATERNAL BENEFIT SOCIETIES; organization, governance, insurance laws. .......................................................... HB 383

FREEMAN, MAJOR MYRON EUGENE, GEORGIA STATE PATROL; commend. ................................................... SR 266

FULTON COUNTY

Airport or Landing Fields; commercial expansion; referendum approval......... SB 351

Airports, Landing Fields; commercial expansion; referendum approval. .......... SB 94

Board of Commissioners; members; revise election districts. ............

SB 265

Board of Education; members; compensation............................... HB 1072

Designate; Dick Lane Bridge over Chattahoochee River on S.R. 166........... HR 400

Fulton County Recreation Study Commission; creating....................... HR 374

Library System; discontinued use of property; disposal procedures. ............. SB 96

Office of County Manager; creation; appointment; qualifications................ SB 322

Property Conveyance; Carter Center; lease of state-owned property. ........... SR 226

Property Conveyance; easement; power lines; Georgia Power Company. ........ SR 118

Public Works Contracts; bids; female business enterprises. ................... HB 281

Public Works Contracts; bids; nodiscrimination, equal employment. .......... HB 607

Purchasing Contracts; factors in determining responsible bidder. ............. HB 280

Purchasing Office; public letting and bids; advertisement of bids................ SB 97

Purchasing; responsible bidder factors; minority participation................. HB 610

Sandy Springs, City of; incorporation; boundaries; powers. .................... SB 155

State Court; additional judge. .................................. SB 212

Tax Assessors, Appeals; joint city-county boards; repeal Act. ................. HB 277

FUNDRAISERS, SOLICITORS; Georgia Charitable Solicitations Act; exempt certain charities................................................... HB 379

FUNERALS AND FUNERAL ESTABLISHMENTS Funeral Directors, Embalmers; licensure; renewal; annual training............. HB 223 Licensees; applicability; Georgia Limited Liability Company Act. ............. HB 264

GAINESVILLE, CITY OF Board of Education; reconstitute; management of school district. ............. HB 841 Public Schools, Districts and Board of Education; provide for. ................ HB 58

GALBRAITH, HARRY; Falcons football player, introduced ............... Page 1198

GAMBLING Bingo; certain recreational games not form of illegal gambling. ............... HB 174 Bingo Games; valuation of prizes awarded; maximum amount. ................ SB 114 Bingo; nonprofit recreational games; requirements; regulation. .................. SB 24 Casino Gambling; charity events to benefit schools; provide for. ............... SB 140 Holding of Raffles by Nonprofit Organizations Shall Be Lawful. ............... SR 107 Lotteries; state authority to operate; resubmit question to voters. ............. SR 134 Promotional Offers Involving Element of Chance; deceptive practices........... SB 231 State Lottery; advertising signs at retail liquor stores. ........................ SB 206

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INDEX

2363

GAME AND FISH (Also See Natural Resources) Bears; permission for killing; protection of property. ........................ HB 112 Bears; property damage claims; petitions for removal of the bear. ............ .SB 306 Code Revision; Title 27; correct errors and omissions. ....................... HB 145 Conservation Rangers; retention of weapon, badge after 25 years............... SB 306 Fishing; recreational; saltwater sites; charter boats; licensure................... SB 272 Hunting, Fishing; licenses; lifetime honorary for disabled persons. ............. SB 243 Hunting Wildlife; licensing; safety education certification; adult supervision for minors. ................................................. HB 597 Wildlife; protection; property damage, personal injury; study of................ SR 259 Wildlife, Yuchi Management Area; grant easement for power lines. ............ SR 122

GAMMAGE, LYNN; recognizing. ...................... SR 310

GARBAGE (See Waste Management or Landfills)

GARNER, SENATOR WAYNE Elected President Pro Tempore ........................................... Page 17 Excused due to illness in family.......................................... Page 318 Excused due to personal business ........................................ Page 307 Statement on SB 105 vote ............................................... Page 724

GARNER, WAYNE; designate Parkway for; State Highway 61; Carroll County. .......................................................... HR 134

GAS, GASOLINE, PETROLEUM PRODUCTS Contractural Rights; payments of federal manufacturer's excise tax. .......... HB 797 Motor Fuel; compressed natural gas; excise taxes; measure by gallon. .......... SB 141 Motor Fuel; compressed natural gas; measurement, excise tax purpose......... HB 928 Motor Fuel Tax Laws; interstate, international shipments; reports. ........... HB 630 Vehicular Fuel; compressed natural gas; permit fees. ........................ HB 386

GAY, TOWN OF; ordinances, rule, regulations; violations; penalties............. SB 385

GENERAL ASSEMBLY

Adjournment; January 15 to February 1. ..................................... HR 8

Adjournment; February 12 to February 15. .................................. SR 160

Adjournment; February 19 to February 22. ................... HR 323

Adjournment; February 26 to March 1. ..................................... SR 225

Adjournment; March 5 to March 8......................................... HR 424

Adjournment; March 10 to March 15........................ SR 276

Adjournment; March 17 to March 22........................................ SR 327

Adjournment; sine die at 7:00 P.M. on March 23. ........................... HR 541

Adjournment; sine die at 9:00 P.M. on March 23, 1993. ..................... HR 610

Adjournment; sine die March 23, 1993 at 9:30 P.M.. ........... SR 370

Appropriations Bills; reduction in whole or in part by Governor. ............... SR 27

Appropriations; Budgetary Responsibility Oversight Committee created......... SB 335

Appropriations Committees; continuation budget report; contents. ............. SB 188

Appropriations; continuation budgets; review agency programs; reports. ......... SB 60

Appropriations; proposed property purchase or lease; analysis reports. ........... SB 8

Appropriations; reports; Budgetary Responsibility Oversight Committee. ....... HB 41

Appropriations; review legitimate expenses of Legislative Branch.............. HB 121

Appropriations; state agencies; audit report; Program Review Act. .............. SB 86

Appropriations; state agency programs; review requirements. .................... SB 5

Appropriations; supplementary Acts not authorized; amend Constitution......... SR 63

Bills for Raising Revenue, Appropriating Money; approval requirements. ........ SR 94

Bills for Raising Revenue; taxes, fees, assessments; requirements.

....... SR 65

Bills To Enact or Increase Taxes, Fees or Assessments; requirements. ........... SR 6

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2364

JOURNAL OF THE SENATE

GENERAL ASSEMBLY (Continued) Code Revision; Title 28; correct errors and omissions. ....................... HB 145 Governmental Bodies; open meeting; repeal criminal penalty provision. ...... HB 903 Health Care Issues; committee to study convening one-day conference......... HR 242 House of Representatives; composition; new description, 30 districts. ......... HB 787 Joint Commission on Legislative Information Management. .................. HR 332 Joint Session; address by Supreme Court Justice Harold Clarke .............. Page 69 Joint Session; budget message from Governor; January 14...................... HR 7 Joint Session; invite Supreme Court Justices and Appellate Judges. ............ HR 5 Joint Session; message from Chief Justice Supreme Court; January 13........... HR 6 Joint Session; state of state address from Governor; January 12.. ............... HR 4 Legislative Agencies; Budget Accountability and Planning Act; enact. .......... SB 335 Lobbying by Former Members; activities restricted for 2-years.................. SB 69 Members and Lt. Governor; limitation of terms of office. ....................... SR 5 Members and Lt. Governor; limitation of terms of office. ...................... SR 90 Members; limit to six consecutive terms of office. ............................. SR 17 Members; limitation of terms of office. ...................................... SR 140 Members; spouses of; commend.............................................. SR 23 Members; spouses of; commend.............................................. SR 95 Notify Governor; General Assembly Convened. ................................ SR 4 Profiling Proposed Bills, Resolutions Prior to Convening; procedures. .......... SB 203 Profiling Proposed Bills, Resolutions Prior to Session; procedures. ............ HB 170 Reports; fees, charges; Superior Court Clerks' Cooperative Authority. ......... HB 243 Retirement Bills; Firemen's Pension Fund; repeal certain exemptions. ........ HB 234 Senate and House Committees on Ethics; issuance of subpoenas. ............. HB 972 Senate Convened; notify House of Representatives, January 11, 1993............. SR 2 Senate Districts No. 21, 32, 42, 53 and 54; change composition. ............... SB 361 Senate Districts 21, 32, 33, 37, 42, 48, 53, 54, and 56; composition. ........... HB 964 Senate; standing committees; limit term of chairman; amend Rules. ........... SR 108 Session Meetings; urge alternative 4-day week schedule. ...................... SR 290 Standing Committees; members; acceptance of travel expenses paid by certain lobbyists prohibited. ............................................. SB 118 State Flag Design Commission; creation; membership. ...................... SB 186 Statutes or Amendments to Constitution; public initiative petitions. ........... SR 151 1963 General Assembly Session; honoring senators who served. ................ SR 202

GEORGIA BUILDING AUTHORITY (See Building Authority, Georgia)

GEORGIA BUREAU OF INVESTIGATION, GBI Firearms; purchaser background check; transmit to dealers. .................... SB 12 GCIC; duties; records dissemination to firearms dealers; procedures. ............ SB 12 Licensing Charitable Casino Gambling to Benefit Schools; procedures. ..... SB 140 Officers or Agents; retirement at age 55; conditions. ......................... HB 750

GEORGIA CITIZENS FOR THE ARTS; commend.

SR 102

GEORGIA CODE (See Code of Georgia)

GEORGIA COLLEGE; commend. .......................................... SR 334

GEORGIA COMMUNITY HEALTH NURSING COALITION; recognizing. .............................................................. SR 367

GEORGIA DEPARTMENT OF INDUSTRY, TRADE AND TOURISM; Urge Assist Local Promotion of Residential Retirement Communities. ......... SR 199

GEORGIA EDUCATIONAL TELEVISION; Altamaha Technical Institute, Wayne County Literacy Coalition; commend. ....................... SR 133

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INDEX

2365

GEORGIA HISTORICAL RECORDS ADVISORY BOARD; establishment. ............................................................ SB 271

GEORGIA HORTICULTURAL GROWING MEDIA ACT; enact.

HB 421

GEORGIA INDUSTRIES FOR THE BLIND; contract work under state use plan....................................................... SB 372

GEORGIA INSTITUTE OF TECHNOLOGY Baseball Coach Jim Morris; commend. ...................................... SR 281 GaTech ACC Basketball Tournament Title; NCAA Tournament Bid; commend............................................................... SR 311 GaTech Women's Basketball Team, NIT Tournament winners; commend....... SR 112 Golf Coach Puggy Blackmon; commend. .................................... SR 280 National Collegiate Women's Final Four Basketball Championship, 1993 Hosts; recognizing. ................................................. SR 126 Track Coach Buddy Fowlkes; commend. ............................. SR 283 Women's Basketball Coach Agnus Berenato; commend........................ SR 282

GEORGIA LIMITED LIABILITY COMPANY ACT; enact.

HB 264

GEORGIA MOTOR VEHICLE FRANCHISE PRACTICES ACT; enact. HB 454

GEORGIA POWER COMPANY Property Conveyance; Carroll County; easement for transmission line. ......... SR 142 Utility Facilities Easement; Calhoun, Clinch, Fulton, Hall Counties. .......... SR 118

GEORGIA RECREATION AND PARKS ASSOCIATION; commend.

SR 97

GEORGIA REFORM INSURANCE PLAN (GRIP); authorize establishment. ............................................................ SB 226

GEORGIA RESIDENTIAL SECURITY DEED ACT; money loans; interest rates, fees......................................................... SB 105

GEORGIA SCHOOL FOR THE DEAF AND ITS FOOTBALL TEAM; commend................................................................. SR 52

GEORGIA SPORTS HALL OF FAME; appointment of additional members. .............................................................. SB 304

GEORGIA STATE DEFENSE FORCE, VOLUNTEER EMERGENCY SERVICES; commend. .................................................. SR 110

GEORGIA SUPERIOR COURT CLERKS' COOPERATIVE AUTHORITY Central Indexing System; notice filings for Uniform Commercial Code related real estate; document fees............................................... HB 244 Creation.............................................................. HB 243

GEORGIA TRIBE OF EASTERN CHEROKEE; official American Indian tribe. ................................................................... HB 265

GEORGIA TRUST FOR HISTORIC PRESERVATION, INC.; rental of Rhodes Memorial Hall as headquarters...................................... SR 153

GERONTOLOGY, GERIATRICS Encourage Education for Health, Human Service Program licensure........... HR 120 Urge Professional Educational Programs in the Field of Aging................ HR 126

GERRING, JOHN; commend. .................................... SR 356

GILLIS, SENATOR HUGH; excused to attend funeral ................... Page 1231

GILMER COUNTY; property conveyance; easement; James L. and Romona Waller. ..................................................... HR 121

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2366

JOURNAL OF THE SENATE

GINGRICH, NEWT; 6th District Congressman; introduced, remarks ......... Page 305

GLANTON, SENATOR PAM; statement on morning roll call .............. Page 894

GLANVILLE, JERRY; Falcons Football Coach, introduced, remarks ....... Page 1198

GLOBAL WARMING; air pollution; energy conservation in state buildings. . . . . SR 173

GLYNN COUNTY Coastal Area (Olympic) Games Authority; creation; powers; membership. ..... SB 145 Property Conveyance; agreement with State Forestry Commission.............. SR 200 State Court; change terms; solicitor compensation. ..................... SB 75

GOAT ROCK LAKE; restrict operation of houseboats. ...................... HB 695

GOFF, RAY; UGA Football team Coach; introduced, remarks ................ Page 984

GOODWILL INDUSTRIES OF THE COASTAL EMPIRE; deed of property conveyance. ...................................................... SR 120

GORDON COUNTY; ad valorem; school tax; homestead exemption; elderly. HB 971

GOVERNOR

Advisory Committee; community employment at World Congress Center. ....... SB 39

Appropriations Bills; authority to reduce in whole or in part;

amend Constitution....................................................... SR 27

Approval of Actions of Pardons and Paroles Board; amend Constitution......... SR 99

Emergency Management; powers; utilize State Defense Volunteer Force. ....... SB 368

Executive Branch; motor vehicle expenses reimbursement rate. .............. HB 351

General Assembly Convened; notify. .......................................... SR 4

General Assembly; joint session; budget message; January 14. .................. HR 7

General Assembly; joint session; state of state message......................... HR 4

Governor's Development Council; private sector members; attach to

Office of Planning and Budget.

........................... SB 29

Office of Planning and Budget; duties; downsize state government. .............. SR 9

Powers; lease of state lands to North Georgia Mountains Authority. .......... HB 651

Urge Appoint Task Force to Review QBE Program Formula Components....... SR 183

Zell Miller; appointments to boards and commissions ...... Pages 365, 581, 1309, 1934

Zell Miller; Budget Address ............................................... Page 88

Zell Miller; State of the State Address ..................................... Page 54

Zell Miller; Vetoes 1992 Session ....................................... Pages 29, 36

GOVERNORS; former, introduced, addressed Senate ....................... Page 697

GRADY MEMORIAL HOSPITAL; Regional Health Care Providers, Hospitals; joint committee to study. ........................................ HR 16

GRADY, STACY, STATE AAAA STATE WRESTLING CHAMPION; commend. ............................................ SR 309

GRAND JURIES (Also See Juries or Courts)

GRAND JURORS; oath; change gender; foreperson; grammatical revisions. ... HB 820

GRANDPARENT VISITATION RIGHTS; child adopted by a stepparent. . . HB 511

GRANTS

Education; charter school programs; performance-based contracts. .......... SB 74

Education; grants for charter school programs; eligibility. ...................... SB 79

Georgia Historical Records Advisory Board; powers........................... SB 271

Loans, Scholarships; postsecondary education; local school funds.............. HB 429

State Agencies; award practices; Fair and Open Grants Act of 1993. ........... SB 335

State Agencies; award practices, procedures; fair and open.

............ SB 4

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INDEX

2367

GRANTS (Continued) State; local government efficiency assessment funds, consolidation planning grants. ........................................................ HB 83

GRANTVILLE, CITY OF; mayor and council; staggered two-year terms. . . HB 833

GRAYSON, CITY OF; mayor and councilmembers; election procedures........ HB 135

GREENE COUNTY Board of Commissioners; election districts; composition; terms................ HB 456 Board of Education; election districts; change composition. .................. HB 459 Minnie G. Boswell Memorial Hospital; commend. ............................ SR 176

GREENSBORO, CITY OF; recorder's court; punishment for offenses. ..... HB 129

GRIFFIN HIGH SCHOOL BASKETBALL TEAM; commend.

SR 326

GRIFFIN, MRS. REBECCA PARKER; recognizing.

SR 15

GRIFFIN-SPALDING COUNTY BOARD OF EDUCATION; election districts. ....................................................... HB 1070

GRIFFITH, GENERAL RON; designate highway as tribute to; LaFayette.. . . . . SR 228

GRIP REFORM INSURANCE PLAN; health care cost controls. .... SB 226

GRIZZARD, LEWIS; introduced, remarks ................................ Page 1594

GRIZZARD, LEWIS M., JR.; commend.

SR 12

GROCERY, SUPERMARKET STORES; Polling Places; alcoholic beverage sales on election days. ............................................. SB 95

GROCERY, SUPERMARKET STORES; Food Products; false information as to safety; damage actions. .............................................. HB 124

GROGAN, JOANNE; Miss Cobb County, introduced, remarks .............. Page 587

GROSSMAN, CHARLIE; commend. ..... SR 106

GROUND WATER (See Waters or Waste Management)

GRUHN, BOBBY OF GAINESVILLE; commend.

SR 53

GUARDIAN AND WARD Guardians or Fiduciaries; authority to renounce interest in property. ......... . SB 189 Incapacitated Adults; task force to study issues of elder abuse................. SR 152 Probate Court Actions; serving minors or incapacitated adults. ................ HB 71 Wrongful Death Actions Behalf of Child; division of money recovered. ......... SB 173

GUNS (Also See Firearms or Crime) Firearms; retail sales; purchaser background check; GBI records. ............... SB 12 Hunting; persons ages 12 through 25; safety education certification............ HB 597 Lawful Possession; certain city, county officers and court personnel. .......... HB 490 Persons Furnishing Weapons to Jail Inmates; felony penalty. ................. HB 29 Protection for Minors; accidental shootings; negligent storage................... SB 68 Protection for Minors; accidental shootings; unsafe storage of loaded guns; criminal liability; statewide referendum.................................... SB 360 Protection for Minors; loaded guns negligently stored; penalties................ SB 247 Unlawful Possession; persons under influence alcohol, certain drugs. ........... SB 121

GWINNETT COUNTY Board of Education; members; increase salary................................ SB 298 Convention or Trade Show Facility; special 1% county sales tax. ............. HB 472

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2368

JOURNAL OF THE SENATE

GWINNETT COUNTY (Continued) Magistrate Court; annual salary; full-time duties. .......................... HB 1102 Magistrate Court; law library fees.......................................... HB 425 Recorder's Court; clerk; compensation. ..................................... HB 422 State Court; additional judge. ............................................. HB 921

GWINNETT COUNTY PTA; commend..................................... SR 182

HABERSHAM COUNTY; Property Conveyance; State Highway 365; sell land separated by improvements. .......................................... HR 229

HABITUAL OFFENDERS Driver's License; mandatory suspension; certain habitual violators. ............ SB 123 Driver's License; reinstate conditions; drug use reduction program. ............ SB 307

HALL COUNTY Ad Valorem Taxes; school purposes; homestead exemption; referendum. ...... SB 384 Board of Commissioners; election districts; change composition. .............. HB 643 Property Conveyance; Corrections Diversion Center land; sell by bid. ......... HR 228 Property Conveyance; easement for power lines; Georgia Power Company....... SR 118

HALLIN, MAJOR GENERAL WILLIAM P.; commend.

SR 175

HANCOCK COUNTY Board of Commissioners; reconstitute; election districts. ...................... SB 375 Board of Education; reconstitute; appoint school superintendent. .............. SB 374 Office of Sheriff; personnel; compensation; furnishing of vehicles. ............. HB 874 Transfer from Oconee RDC to Central Savannah River; ratify; approve........ SR 238 Transfer from Oconee RDC to Central Savannah River RDC; ratify........... HR 360

HANDICAPPED PERSONS

Assistive Technology Warranty Act; enact; consumer rights, remedies. ......... HB 93

Blind Persons' Literacy Rights and Education Act; braille..................... SB 110

Blind Persons' Literacy Rights and Education Act; Braille courses. ........... HB 492

Blind, Visually Impaired; election ballots printed in Braille. .................. SB 112

Code Revision; Title 30; correct errors and omissions. ....................... HB 145

Consumer Crimes Against Disabled Persons; penalties; remedies. .............. SB 295

Consumer Crimes Against Disabled Persons; violations; remedies. ............ HB 193

Deaf and Hearing Impaired Persons; entity to monitor services. ............... SR 109

Elder Abuse Task Force; physical, mental, financial abuse issues............... SR 152

Handicapped Parking; violations; change penalty fines. ....................... HB 94

Hunting, Fishing; honorary licenses; use of crossbows as weapons. ............. SB 243

Motorized Wheelchair Warranty Act; enact. .................................. SB 11

Personal Care Homes; restraints, isolation of residents restricted............... SB 169

Rehabilitation Programs, Training Centers; contract work with state. .......... SB 372

Rehabilitation Technology; committee to study funding, equipment.

SR 18

Saltwater Recreational Fishing; honorary licenses............................. SB 272

Veterans; housing; accessibility features; construction standards................ SB 311

HARALSON COUNTY County Officials; commissioner, sheriff, probate judge; superior court clerk, treasurer; compensation. ................................................ HB 968 Designate; Veterans Memorial Highway, portion State Highway 100............ HR 88

HARBISON, SENATOR ED; excused due to illness in family ........ Pages 442, 1476

HARDIN, WALTER L.; designate bridge in memory of; Shurling Drive; Macon. ....................... SR 230

HARDY, HEATHER LYNN, STATE 4-H PRESIDENT; commend.

SR 100

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INDEX

2369

HARNESS RACING WEEK, HAWKINSVILLE HARNESS FESTIVAL; declare. .................................................................. SR 164

HARRINGTON, JAY, EAGLE SCOUT AWARD; commend.

SR 306

HARRIS COUNTY Board of Commissioners; election districts; reapportion; terms. ................. HB 9 Board of Commissioners; election districts; reapportion; terms. ............... HB 334 Board of Education; election districts; reapportion; superintendent. ............. HB 8

HARRISON, CLARK; designate state office building in tribute to. ............ SR 248

HART COUNTY Board of Commissioners; composition; elections; powers, duties. .............. HB 443 Board of Education; reconstitute; districts; appoint superintendent............ HB 444 Upper Savannah River Development Authority; jurisdiction; projects. ......... HB 941 Upper Savannah River Development Authority; operational jurisdiction. ....... SB 342 Water and Sewer Utility Authority; purpose; membership; voting. ............ HB 442

HAWKINS, LA-VAN, CHECKERS RESTAURANTS; recognizing. ......... SR 272

HAYES, ANGELIA LANETTE; commend. .................... SR 355

HAYNES BRIDGE MIDDLE SCHOOL; commend.

SR 130

HAZARDOUS MATERIALS

Asbestos Removal or Disposal; employee training; certification. ................ SB 135

Hazardous Site Inventory; designated property; deed notations; maps. ......... SB 294

Hazardous Waste Facilities; public hearings prior to issuing permit. ........... SB 262

Labor Pool or Work-sites; employer violations; failure to inform

workers of exposure; fines. .............................................. HB 389

Lead-based Paint and Dust Poisoning; hazards to children; study of.

SR 136

Lead Poisoning Prevention Study Committee. .............................. HR 180

Toxic Waste; businesses, industries; pollution prevention plans. ............... SB 200

Waste; biomedical, hazardous, commercial materials; illegal dumping.

SB 275

Waste; large quantity generators; management fees; facility permits.

SB 294

HEALTH (Also See Mental Health or Health Care Facilities or

Human Resources)

Ambulance Services; licenses; annual fee; deposit of revenue.................. HB 593

Certificate of Need; exempt certain hospitals restoring bed capacity.

SB 257

Code Revision; Title 31; correct errors and omissions. ....................... HB 145

County Boards; assist administration of school health services.

SB 46

County Boards; reorganization; change duties relative mental health.

HB 100

Deaf and Hard-of-Hearing Services; study creating entity to monitor.

SR 109

Death Investigations; tissue studies; suspicious death reports.

SB 99

Dietetic Counselors; nutritional care delivery; licensure; regulate.

SB 20

Disabled Persons; assistive technology devices; rights, remedies. ............... HB 93

Elder Abuse Task Force; identifying abuse by care givers. .................... SR 152

Electrology; practice of permanent hair removal; committee to study. ........... SR 55

Gerontology, Geriatrics; health, human service program licensure. ............ HR 120

Gerontology, Geriatrics; urge professional educational initiatives.

HR 126

Health Care Access; committee to study convening conference to study........ HR 242

Health Care Facilities; patient's medical records; copying fees. ................ SB 318

Health Facilities; licensees; hearing officers in contested cases. ............... HB 322

HIV Infected Persons; immigration policy restricting entry; endorse.

SR 214

Home Health Care Services; unlicensed; deceptive advertising. ............... HB 335

Hospital Authorities; merger, reactivate; terms, conditions, effect.............. HB 689

Hospitals, Alternative Rural Community; licensing; acute care status. .......... SB 334

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2370

JOURNAL OF THE SENATE

HEALTH (Continued)

Hospitals; elderly, uninsured, indigent care; funding alternatives.

HR 16

Immunization of Children; urge DHR utilize certain federal funding.

SR 348

Indigent Care; funding; revenue sources; commission to study.

HR 91

Indigent Care Trust Fund; use of revenues; support rural hospitals.

HB 569

Indigent Health Care; funds; Office of Treasury and Fiscal Services.

.SB 162

Indigent Health Care; hospitals; financial assistance; bonds.

HB 142

Indigent Patients; hospital emergency care; determination; standards.

SB 331

Infectious Diseases; hepatitus or HIV; exposure of arresting law enforcement

officers; steps to determine threat of transmission. ........................ HB 162

Insurance; coverage; anti-cancer drugs; conditions, unapproved drugs. ......... HB 741

Insurance; coverage; certain types of anti-cancer drugs; conditions. ............ SB 326

Insurance; coverage requirements; temporomandibular joint disorders. ......... SB 170

Insurance; long-term care; individual medical trust accounts. .................. SB 161

Insurance; model basic plan; include children covered by Medicaid............. SB 210

Insurance; private insurers; participation in Medicaid pilot program............ SB 208

Insurers; Georgia Reform Insurance Plan (GRIP); authorize establish.

SB 226

Lead Poisoning; hazards to children; committee to study testing.

SR 136

Lead Poisoning; prevention of hazards in the home; study committee.

HR 180

Medical Practitioners; invasive procedure; repeal certain limitation.

SB 15

Meningitis Immunization Effort, Carroll County; commend.

SR 184

Mental; delivery of disability services; reorganization; establish regional

and community service boards; duties, functions............................. SB 49

Mental; diagnoses of brain disorders and damage; neuropsychology.............. SB 48

Mental; medical treatment; health insurance coverage.

SB 293

Mental; reorganize delivery of services; establish community service boards,

regional planning units and governing boards. ............................ HB 100

Mental Retardation Facility Employees; exempt psychology licensing.

HB 400

Migrant and Seasonal Farm Workers; access to care; study of. ................ SR 336

Personal Care Homes; licensing; redefine scope of personal services.

HB 340

Personal Care Homes; restraints, isolation of residents restricted.

SB 169

Pharmacists; dispensing dangerous drugs to EMS providers.

SB 241

Pharmacy, State Board; repeal rule relating to patient counseling.

SB 332

Providers; financial interests; enact Patient Self-Referral Act.

HB 920

Providers; physician financial interest; restrict patient referrals.

SB 281

Providers; self-referral arrangements; prohibit exploit patients.

SB 236

Public Health Nurse Day in Georgia; commend; designate.

SR 277

Public; local government services; efficiency consolidation.

HB 83

Respiratory Care Practitioners; certification to practice; temporary permits;

reciprocity; prohibited practices.

HB 491

Sex Education, AIDS Prevention Course Materials; parental rights.

SB 274

Sex Education, AIDS Prevention Instruction in Public Schools.

SB 246

Sex Education; public schools; curriculum; parental review, consent.

SB 292

Sexually Transmitted Diseases; teaching prevention in public schools.

SB 37

Suicide Assisted Deaths; prohibited acts; felony penalty; exception.

HB 415

Tattooing; health risk of equipment; committee to study regulation.

SR 198

Vital Records; spontaneous fetal deaths; registration; miscarriages.

HB 842

HEALTH AND HUMAN SERVICES COMMITTEE; Senator Thomas act as Chair

Pages 342, 1226

HEALTH CARE FACILITIES, HOSPITALS (Also See Health or Nursing Homes or Human Resources) Clinical Laboratories; billing practices; forms for ordering tests. Death of Person Admitted Unconscious State; notify medical examiner.

SB 345 SB 99

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INDEX

2371

HEALTH CARE FACILITIES, HOSPITALS (Continued)

Elder Abuse Task Force; identifying abuse by care givers. .................... SR 152

Emergency Service Providers; pharmacies issuing dangerous drugs. ............ SB 241

Employers; disclosure of employee job performance.

SB 175

EMS Technicians, Paramedics, Cardiac Technicians; recertification.

SB 263

Health Care Access; committee to study convening conference to study.

HR 242

Hospital Authorities; mergers, reactivations; terms, conditions, effects;

exempt disclose certain data; immune antitrust liability. ................... HB 689

Hospital Financing Authority Act; repealed; assets transferred.

HB 142

Hospitals, Alternative Rural Community; licensing; acute care status.

.SB 334

Hospitals; emergency health care of indigent patients; requirements. ........... SB 331

Hospitals; nonprofit; financial assistance for health care services;

Georgia Housing and Finance Authority. ................................. HB 142

Hospitals Providing Only Emergency Services in County; certificate of

need exemption; project restoring previous bed capacity..................... SB 257

Hospitals; public; establishing regional systems; committee to study. ........... HR 16

Hospitals Who Serve Medically Indigent; Indigent Care Trust Funds.

HB 569

Indigent Health Care; funding by counties; sources of revenues.

HR 91

Indigent Medical Care; regional hospitals; alternative funding.

HR 16

Medical Care; provider discounts; GRIP Insurers managed care program.

SB 226

Mental Disorders, Treatment of; health insurance coverage.

SB 293

Mental; involuntary hospitalization; ineligible to purchase firearms. ............. SB 12

Nurses, Practical; license to practice requirements; temporary permit.

SB 25

Nursing Facilities; sanctions; contested cases; hearing officers. ................ HB 322

Patient Referrals; limit where investment interest exists; Patient

Self-Referral Act of 1993.

HB 920

Patient Referrals; physicians; financial interest restrictions.

SB 281

Patient Referrals; restrictions; provider's self-referral interest.

SB 236

Patient's Medical Records; charges for copying; cap on fees.

SB 318

Personal Care Homes; licensing; define personal services.

HB 340

Respiratory Care Practitioners; certification to practice.

HB 491

School Health Services; scope of programs; referral of students.

SB 46

Spontaneous Fetal Deaths; reporting; change provisions.

HB 842

Suicide Assisted Deaths; prohibited acts; felony penalty.

HB 415

Surgery and Other Invasive Procedures; persons authorized; repeal certain

limitations imposed 1992 Session. ......................................... SB 15

HEARING IMPAIRED American Sign Language; urging high school foreign language credit. Audiologists; licensure; exemption; temporary for certain educators. Georgia School for the Deaf and Its Football Team; commend. Hearing Aid Dispensers; licensure; applications for examination. Services to Deaf and Hard of Hearing; committee to study.

SR 128 SB 88 SR 52 HB 410 SR 109

HEATH, REVEREND CHARLES A.; recognizing.

SR 162

HELMS, JOHN; honoring.

SR 31

HEMMER, SENATOR JANE; statement on SB 25 and SB 38 votes ........ Page 281

HENDERSON, COACH BILLY, CLARKE CENTRAL HIGH SCHOOL; commend. ........................................................... SR 322

HENDLEY, FRANCIS MARION, II; in memory of. ......................... SR 25

HERITAGE HIGH SCHOOL WRESTLING TEAM; commend.

SR 45

HIAWASSEE, CITY OF; new charter. .................................... HB 1071

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2372

JOURNAL OF THE SENATE

HIGH FALLS LAKE; adjoining property owners; boat dock permitting program. ................................................................ HB 195

HIGHER EDUCATION COMMITTEE; Report on Governor's appointments.......................................................... Page 1935

HIGHWAYS, BRIDGES AND FERRIES (Also See Transportation)

Abandoned, Unattended, Distressed Vehicles; removal from public roads. ....... SB 92

Atlanta; widening of Cleveland Avenue, Jonesboro Road; urge abandon......... SR 278

Bicycles; helmets required; passenger under age 4, secured seats. ................ SB 7

Designate; Bobby Jones Crosswalk; Route 49, Shurling Drive, Macon. ....... SR 231

Designate; Chattahoochee Valley Trail Scenic Highway in SW Georgia. ....... . SR 232

Designate; Dick Lane Bridge over Chattahoochee River; Fulton County........ HR 400

Designate; Floyd L. Norton Bridge; Jefferson County. ....................... HR 119

Designate; Freeman V. Horner Medal of Honor Highway on S.R. 219. ......... SR 234

Designate; General Lucius D. Clay Memorial Parkway; South Cobb Drive. . . . . . SR 158

Designate; General Ron Griffith Highway on S.R. 136 at LaFayette. ........... SR 228

Designate; Judge W. A. Foster, Jr. Bridge; Paulding County.................... SR 68

Designate; Lanette O'Neal Faulk Memorial Bridge; Twiggs County.

... HR 134

Designate; Lt. Harold Durham Medal of Honor Highway; Tift County. ....... HR 400

Designate; Lt. Harold "Pinky" Durham Medal of Honor Highway; S.R. 35...... SR 251

Designate; naming landmarks; Commemorative Resolutions; Senate Rules.

SR 165

Designate; Phillip M. Landrum Memorial Highway; portion of 1-575. .......... HR 55

Designate; R. G. Daniell, Sr. Memorial Highway; Candler County. ............. SR 232

Designate; Syble W. Brannan Parkway; Cedartown. ........................... SR 69

Designate; Veterans Memorial Highway; Haralson County. .................... HR 88

Designate; Walter L. Hardin Bridge; Walnut Creek on Route 49, Macon........ SR 230

Designate; Wayne Garner Parkway; State Highway 61; Carroll County. ....... HR 134

Driver Training Cars; equipment; dual controlled brakes and signs. ............ SB 245

Funds for Public Roads; Office of Treasury and Fiscal Services. ............... SB 162

Georgia Transportation Authority; projects; private operators; tolls............. SB 328

Highways; commercial driveway permits; limit amount of charges, fees. ....... HB 546

Highways; emergency call boxes in isolated areas. ............................ SB 213

Highways; excess dimensions; loads of preengineered, premanufactured wood

roofs, floor trusses; vehicle permits. ....................................... SB 238

Highways; public transit bus shelters; permit conditions; removal. ............. SB 343

Highways; truck tractors; unprocessed forest products; maximum load

length of 60 feet; warning flags; amber lights.............................. HB 660

Mass Transportation; safety program plans; comply federal Act............... HB 669

Motor Fuel and Road Tax; registration, licensing; powers of DOT

enforcement officers. ................................................... HB 145

Outdoor Advertising Signs; removal orders; judicial review. .................. HB 308

Outer Perimeter; exclude and revise Developmental Highway System............ SB 98

Ozone Nonattainment; highway congestion; commuter efficiency program.

SR 211

Public Roads; activities causing obstruction, encroachment or damage;

reimbursement to Department of Transportation for costs.................. HB 302

Pulpwood Trailers and Pole Trailers; side marker reflectors required.

HB 242

Radar Speed Detection; use of devices on hills; remove restriction. ............ SB 116

Ride-sharing; commuters; state workforce car-pools, flex-time plans. ........... SB 124

Ride-sharing Programs; operation of; authorize DOT financial support.

.SB 93

Road Building, Land Maintenance; preference to use of compost, mulch.

SB 9

Roadway Lighting Projects; urge technologies to minimize glare.

SR 216

Toll Roads; toll charges; violations; nonpayment, evasion; penalties.

SB 91

Transportation Department; cost estimates, rejected bid proposals;

disclosure not required; exception. ....................................... HB 301

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INDEX

2373

HIGHWAYS, BRIDGES AND FERRIES (Continued) Transportation Projects; enhancement activities defined federal law. ........... SB 333 Travel Lanes Designated for High Occupancy Vehicles; violations. .............. SB 90 Vehicle Weight, Load Requirements; allowable methods for complying. ... . .SB 38 Vehicles; antique, hobby or special interest; operating on roads. .............. HB 520

HILL, JOY; morning devotion, gospel hymn ............................... Page 406

HILL, MATTHEW; elected Senate Sergeant at Arms ........................ Page 18

HISTORIC CHATTAHOOCHEE COMMISSION; interstate compact; clarify members. .......................................................... SB 191

HISTORIC SITES AND PRESERVATION

Archival Records of Historical Value Donated or Sold to Public Institutions;

restriction on access. ................................................... HB 254

Civil War Sites Heritage Plan; state commission to coordinate. ................. SR 21

Georgia Historical Records Advisory Board; establishment; purposes.

... SB 271

Historical Nonperpetual Care Cemeteries; registration exemption. ............ HB 641

Historical Townships; designation of; registration............................. HB 84

Indian Burial Objects; protection; American Indian tribes of Georgia. ......... HB 265

Naming, Renaming Landmarks; Commemorative Resolutions; Senate Rules. . . . . SR 165

Rhodes Memorial Hall; rental agreement; The Georgia Trust for Historic

Preservation headquarters................................................ SR 153

State Capitol; preservation and use of; advisory commission created............ SB 225

HOLLOWELL, DONALD LEE, EEOC REGIONAL DIRECTOR; commend. ................................................................. SR 36

HOME BREW BILL; home produced malt beverages; exempt licensing........ HB 197

HOME INSPECTORS Licensing Regulation Act; scope of practice; qualifications. .................... SB 330 Regulation of; inspection for defects; requirements; notices. ................... SB 143

HOMELESS; commission for state housing trust fund; members; powers.

HB 293

HOMELESS PERSONS (Also See Indigent Persons)

HOMEOWNERS ASSOCIATIONS; Property Owners' Association Act; enact.................................................................... HB 574

HOMERVILLE, CITY OF; Property Conveyance; easement for ingress, egress thoroughfare. ....................................................... SR 118

HOMESTEAD EXEMPTION

Applications; surviving spouse failure to file properly; notices.

HB 835

Applications; surviving spouse; notices....................................... SB 125

Austell, City of; ad valorem; municipal taxes.

SB 354

Calhoun, City of; school taxes; certain residents over age 65. ................. HB 970

Clayton County; ad valorem taxes; elderly residents; referendum.

SB 219

Cobb County; ad valorem taxes; certain residents 70 years or older.

HB 481

Cobb County; ad valorem taxes for county purposes; referendum.

SB 195

County of Return of Motor Vehicles for Tax Purposes; definition.

HB 229

Dalton; ad valorem taxes for city purposes; referendum approval.

SB 152

Dalton; advalorem taxes for education purposes; referendum. ................. SB 153

Duluth, City of; ad valorem tax; certain persons; referendum. ................ HB 951

Gordon County; school taxes; homestead exemption; elder residents.

HB 971

Hall County; ad valorem taxes for school purposes; certain residents.

SB 384

Lamar County; ad valorem taxes; disabled residents. ........................ HB 955

Morrow, City of; ad valorem taxes; city purposes; referendum.

SB 217

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2374

JOURNAL OF THE SENATE

HOMESTEAD EXEMPTION (Continued) Rockdale County; taxes for school bond indebtedness. ...................... HB 1044 Tifton, City of; ad valorem taxes; residents over 65 years. ................... HB 115

HOMICIDE; Suicide Assisted Deaths; prohibited acts; felony penalties. ........ HB 415

HOMOSEXUAL BEHAVIOR; Urge Congress preserve ban against service in U.S. armed forces....................................................... SR 195

HOOKS, SENATOR GEORGE Statement on HB 352 vote .............................................. Page 839 Statement on SB 12 vote ................................................ Page 205

HOPGOOD, HERMAN; achieving rank of Eagle Scout; recognize.

...... SR 10

HORNER, FREEMAN V.; designate Medal of Honor Highway on S.R. 219. SR 234

HOSPITALS (See Health Care Facilities or Health or Human Resources)

HOUSE OF REPRESENTATIVES

Bills for Raising Revenue; approval by two-thirds of elected members. .......... SR 65

Bills for Raising Revenue or Appropriating Money; requirements. .............. SR 94

Committee on Ethics; issuance of subpoenas; procedures. .................... HB 972

Members; limit to six consecutive terms of office. ............................. SR 17

Members; limitation of terms of office. ........................................ SR 5

Members; limitation of terms of office. ....................................... SR 90

Members; limitation of terms of office. ...................................... SR 140

Profiling Proposed Bills, Resolutions Prior to Convening; procedures. ...... SB 203

Prefiling Proposed Bills, Resolutions Prior to Session; procedures. ............ HB 170

Reapportionment; new descriptions for 30 representative districts.

HB 787

HOUSEBOATS; restrict operation on certain lakes. ......................... HB 695

HOUSING (See Buildings and Housing)

HOUSING AND FINANCE AUTHORITY, GEORGIA Change Powers, Purposes; bonds; bids; transfer assets, obligations of Hospital Finance Authority; facilitate industrial development. Membership; State Housing Trust Fund for the Homeless Commission.

HB 142 HB 293

HOUSTON COUNTY Board of Commissioners; monthly meetings in Perry on first Tuesday. Efficiency in Governmental Services Commission.

HB 756 SR 250

HOWARD, LIEUTENANT GOVERNOR PIERRE Birthday Congratulations. ................................................. SR 123 Remarks to Senate ....................................................... Page 20

HOWARD, MRS. CAROLINE RIDLEY; commend.

SR 243

HUGGINS, SENATOR SONNY; excused due to snow

... Page 1307

HUMAN RESOURCES (Also See Social Services or Heatlh)

AFDC Recipients; child protective services; study of funding. ................. SR 313

AFDC Recipients; children; participate basic health insurance plan. ........... SB 210

AFDC Recipients; eligibility; teenagers; school attendance required.............. SB 66

AFDC Recipients; private health insurance; public financed vouchers.

SB 208

AFDC Recipients; public assistance; benefit eligibility requirements.

.SB 26

AFDC; welfare reforms resulting in cost savings; redirect funds. ................ SB 26

Child Abuse; offense of sexual abuse redefined; exclude certain good faith

treatment; reports disclosure, access.

SB 2

Child Abuse; reports; disclosure; persons, entities having access.

SB 2

Child Abuse; sexual abuse; investigative agencies; duties; records................. SB 1

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INDEX

2375

HUMAN RESOURCES (Continued)

Child-placing Agency; duties; foster parent criminal records check. ........... HB 168

Child Support Recovery; enforcement; collection of court costs. ............... SB 268

Child Support; state registry records; employment reports............ SB 269

Children At Risk Study Committee; protective services resources. ............. SR 313

Department; commissioner; membership on State Use Council. ............. SB 372

Department; jurisdiction; driver improvement clinics; complaints............... SB 231

Department; licensees; sanctions; contested cases; hearing officers. ............ HB 322

Department; mental health division; change powers, duties. .................. HB 100

Department; powers, duties; child welfare services. ............................ SB 26

Department; property conveyance; convey deed to City of Montezuma. ....... HR 123

Department; property conveyance; easement to Baldwin County Board

of Education. ................................................ HR 125

Department; property conveyance; Richmond County. ....................... HR 167

Department; property conveyance; to Leon Samuels; Baldwin County. ........ HR 122

Department; recertify EMS technician, paramedic, cardiac technicians......... SB 263

Department; urge utilize federal funding to immunize children. ............... SR 348

Department; YDC property in Cobb County; convey road easement. ........... SR 207

Department; YDC property in Cobb County; convey road easement. .......... SR 208

DFACS; child protective services personnel; study of funding.................. SR 313

Disabled Persons; rehabilitation, training programs; contract work. ............ SB 372

Environmental Health Division; licensees; industrial nitrous oxide............. HB 374

Family and Children Services; duties; child abuse investigations. ................ SB 1

Family and Children Services; policy, procedures, operations; review. ........ SB 234

Foster Parents; child abuse reports; limited access to information. ........ SB 2

Gerontology, Geriatric Education; urge for service program licensure. ..... HR 120

Gerontology, Geriatrics; urge professional educational initiatives. ............. HR 126

Head Start; federal grants; continue Georgia Child Care council. ............. SB 197

Home Health Care Services; unlicensed; deceptive advertising. ............... HB 335

Indigent Care Trust Fund; revenue; ambulance service license fees. ........... HB 593

LEARNFARE Program; teenagers receiving public assistance................... SB 66

Medical Assistance; indigent care; rural areas; dedicated revenue.............. HB 569

Mental Health; delivery of disability services; reorganization.................... SB 49

Office of Aging; assist elder persons victimized by consumer crimes. ........... SB 295

Paternity Cases; evidence; parentage-determination genetic testing. ............ HB 90

Personal Care Homes; define scope of personal services. ..................... HB 340

Property Conveyance; Bibb County; Macon Regional Health Center.

..... SR 233

Property Conveyance; Chatham County; deed to Goodwill Industries. .......... SR 120

Property Conveyance; Cobb County; Regional YDC; property exchange......... SR 233

Public Assistance; AFDC benefits; additional child born to recipient. ........... SB 58

Public Assistance; recipients; parties to recovery action for tort; legal notice

to Department of Medical Assistance...................................... SB 249

State Use Council; contracts for goods, services; central agency. ............... SB 372

Welfare Assistance; disqualification for increased benefits; birth of

additional children; employment requirements. ............................. SB 26

HUMPHREYS, JOHN D. (DAVE); commend.

SR 321

HUNTING (Also See Game and Fish) Licenses; proof of age, hunter education certificate; adult supervision of minors hunting wildlife. ................................................ HB 597 Wildlife; bears; permission for killing; owners of damaged property. .......... HB 112 Wildlife; bears; petitions for removal from private property. .................. SB 306

HYDER, COACH NICK; Valdosta High School Football Team; introduced ............................................................. Page 220

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2376

JOURNAL OF THE SENATE

HYLES, MARK STEPHEN; commend. ..................................... SR 16
ILLINOIS; party state; Interstate Rail Passenger Network Compact. .......... HB 966
IMMIGRATION; U.S. policy restricting HIV infected persons entry; endorse................................................................... SR 214
INCOME TAX (Also See Revenue and Taxation) Adjustments; dividends of corporations; job tax credits. ..................... HB 536 Delinquent Taxpayers; levy upon depositor's bank account; methods. ......... HB 275 Delinquent Taxpayers; property subject to tax liens; levy upon bank account; protests of assessments, fees............................................. HB 269 Georgia Tax Laws; incorporate federal laws enacted on or before 1993. ....... HB 218 Joint Study Commission on Revenue Structure; re-creating.................... HR 91 Liens; debtors owing taxes to state; withholding of lottery winnings. ........... SB 104 Nonresidents; distributions subject to a withholding tax; certain partnerships, corporations, limited liability companies...................... HB 384 Nonresidents; withholding tax imposed on real estate transactions. ........... HB 385 Tax Revenue Structure; re-create Joint Study Commission. .................... SR 44
INDEPENDENT CONTRACTORS FOR PUBLISHED OR PRINTED MATERIALS; exclusion, unemployment or workers' compensation........... HB 678
INDIAN HERITAGE AND CONCERNS; Official American Indian Tribes of Georgia; recognize. .............................................. HB 265
INDIANA; party state; Interstate Rail Passenger Network Compact. .......... HB 966
INDIGENT PERSONS Access to Health Care; one-day General Assembly conference to study. ....... HR 242 Health Care; demands on hospital systems; committee to study................ HR 16 Health, Medical Care; Indigent Care Trust Fund; dedicated revenue. ........ HB 569 Hospital Emergency Health Care; standards; county liability for cost........... SB 331 Indigent Care Trust Fund Receipts; appropriations SPY 1993-1994. .......... HB 259 Indigent Care Trust Fund; revenue; ambulance service license fees. ........... HB 593 Indigent Defense Council; additional members; local tripartite; discretion to administer program. ................................................. HB 284 Indigent Defense Council; interest generated by deposits of sheriffs; change requirements in certain counties. ........................................ HB 403 Indigent Health Care; funding; alternative sources of revenues. .............. HR 91 Legal Defense Council; remittance of interest received from funds deposited by court clerks; continuation of deposits; change provisions................. HB 402 Public Assistance; AFDC recipient; additional child born to recipient. .......... SB 58 Public Housing Projects; qualified tenant management organizations. ......... SB 299 Welfare Assistance Reforms; change benefit eligibility requirements. ............ SB 26
INDIVIDUAL RETIREMENT ACCOUNTS AND ANNUITIES; Teachers Retirement; members; termination; refunded contributions. ......... HB 239
INDUSTRY AND TRADE Industrial Development; projects to facilitate; financing assistance; Georgia Housing and Finance Authority.......................................... HB 142 Pollution Control Facilities; financing assistance to industries................. HB 142 Pollution Prevention Assistance to Business, Industry; evaluation. ............. SB 200
INITIATIVE PETITIONS TO ENACT OR REPEAL STATUTES; submission to voters. ...................................................... SR 151
INMATES (Also See Corrections or Courts) Acquitted, Exonerated; reimburse for medical costs collected. ................ HB 232
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INDEX

2377

INMATES (Continued)

Boot Camps; special incarceration; mandatory adult education courses......... HB 191

Crime Victims Compensation; claims; awards; raise maximum amount......... HB 690

Criminal Procedure; review of sentences imposed for 12 or more years. ........ HB 79

Custodial Status; escape, death or change; victim notification................. HB 211

Custodial Status; release or death; notice to victim of crime. .................. SB 252

Jails; distribution of drugs, weapons, alcohol to inmates; penalty............... HB 29

Jails; records maintained by sheriffs; public records inspection................. HB 30

Offense of Mutiny; resisting officers of state or local institution.

HB 870

Pardons and Paroles; state board voting records; public inspection. ............. SB 64

Persons Charged Stalking Crimes; custodial release restrictions. ................ SB 13

Probation; conditions; confinement, county facility or jail. .................... SB 270

Probationers; mandatory courses to attain 5th grade competency level......... HB 191

Production of Goods by Inmates; sales for publicly funded projects. .......... HB 844

Transportation to Other Jurisdictions; agencies transporting. ................. HB 107

Work Release or Community Service Programs; persons ineligible for workers'

compensation benefits. .................................................. SB 273

INSURANCE

Agents; licensure; display certificates for business premises; fees;

certificate of authority for agents. ........................................ HB 77

Brokers and Solicitors; surplus lines firms; subagents; clarify. ................. SB 280

Code Revision; correct errors and omissions........... HB 145

Commissioner; limitation of terms of office..................................... SR 5

Commissioner; limitation of terms of office................................... SR 140

Commissioner; powers, duties; enforcement of state building, plumbing,

electrical and other construction codes. .................................. HB 505

Counselors; ancillary services; commercial risks; transaction fees. ............. HB 540

Coverage for Contract Homeparents for Children and Youth Services. ........ HB 294

Department; employee positions funded for accreditation; reclassify. ........... SB 339

Department; state funds; Office of Treasury and Fiscal Services. .............. SB 162

Fraternal Benefit Societies; organization; governance; revisions................ HB 383

Health Care Providers; patient's medical records; copying fees. ................ SB 318

Health; clinical laboratory tests; regulate billing practices. .................... SB 345

Health; commissioner's model basic plan; include children covered by

Medicaid. .................................................. SB 210

Health; coverage; anti-cancer drugs; conditions for unapproved drugs.......... HB 741

Health; coverage for certain types of anti-cancer drugs; conditions. ............ SB 326

Health; GRIP, Georgia Reform Insurance Plan; managed care with cost

controls; state-wide risk pools; premium rating methods..................... SB 226

Health; major medical coverage; treatment of mental disorders. ............... SB 293

Health; medical benefits; temporomandibular joint disorders................... SB 170

Health; retired teachers, public school employees; coverage. ................... SB 352

Health; self-insurance plans; small employers; exclude workers comp. .......... SB 176

Health; self-insured nonprofit educational organizations; licensing exception..... SB 17

Health; spiraling costs issues; conference to study. .......................... HR 242

Health; uninsured persons; demands on hospital systems; study of. ............ HR 16

Health; welfare recipients; private insurers coverage; pilot program............. SB 208

Insurers; administrative supervision; authority of commissioner. ............... SB 264

Insurers; holding companies; domestic stock dividend payments............... HB 949

Insurers; investments in securities; commissioner prescribe rules. .............. SB 133

Insurers; third-party liability claims; settlement; notify claimant. .............. SB 146

Insurers; workers' compensation; policy cancellations; notices.

.... SB 240

Liability; third-party claims; settlements; notice to claimants. ................. SB 146

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2378

JOURNAL OF THE SENATE

INSURANCE (Continued) Life; corporation or trust; insurable interest; special employee groups; beneficiary; use of proceeds. ............................................ HB 484 Life; corporations or trusts; insurable interest; special employee groups; beneficiaries; consent of insured; requirements. ............................ SB 133 Life; insurer reserves; standards; policies, right to return notice................ SB 230 Medical, Dental, Long-term Care; individual medical trust accounts. ........... SB 161 Motor Vehicle; accident claims; insurers failure to pay benefits. ................ SB 56 Motor Vehicle; automobile collision repair shops; commission to study. ......... SR 93 Motor Vehicle; claims for medical benefits; subrogation prohibited. ............ SB 187 Motor Vehicle; failure maintain proof of; penalties; hardship cases. ............ HB 21 Motor Vehicle; glass replacement or repair work; prohibited acts................ SB 47 Motor Vehicle; liability; raise minimum amount required....................... SB 34 Motor Vehicle; premium discounts for drivers; certain age categories. ......... HB 648 Motor Vehicle; premium surcharge restrictions; official vehicles of firefighters or emergency personnel. ................................................. HB 69 Motor Vehicle; recovered stolen vehicles; certificate of title. .................. HB 164 Motor Vehicle; subrogation; medical benefits; prohibitions...................... SB 84 Motor Vehicle; total loss; abandoned to wrecker services; disposal. .......... SB 340 Motor Vehicle; vehicles abandoned to wrecker services; disposition. ........... HB 447 Multiple Employer Self-insured Plans; licensing exception...................... SB 17 Premiums Charged by Lenders of Secured Residential Loans; regulate. ....... SB 105 Property; residential; cancellation, nonrenewal; reasons, notices. ............... SB 230 Public Entities; adverse underwriting decisions; temporary coverage. .......... HB 568 Workers' Compensation; cancellation, nonrenewal; notice requirements. .... HB 482 Workers' Compensation; employee compensable injuries; medical exams. ....... SB 267 Workers' Compensation; employer discounts; drug-free work programs.......... SB 310 Workers' Compensation; exclusion; self-insured small employers. .............. SB 176 Workers' Compensation; group self-insurance; soliciting members. ............ HB 527 Workers' Compensation; injured workers; medical test procedures.............. SB 300 Workers' Compensation; premium rating worksheet on insured; unlicensed agents soliciting self-insurance fund members. ............................ HB 677 Workers' Compensation; premium reduction; drug- free workplace; requirements; certification. ............................... HB 811 Workers' Compensation; substitute systems, standards, approval; insolvent insurer guarantors; ineligible employees, inmates. .......................... SB 273

INTEREST RATES (See Banking and Finance or Commerce and Trade)

INTERSTATE RAIL PASSENGER NETWORK COMPACT; enact.

HB 966

IRWIN COUNTY; Board of Education; reconstitute; election districts. ....... HB 414

ISAKSON, SENATOR JOHNNY; statement on SB 27 vote ............. Page 297

JACKSON COUNTY; superior court; Piedmont Judicial Circuit;

date of term.

............................................ HB 792

JAILS, JAILERS Arrested Persons; transportation to other jurisdictions; contracts.............. HB 107 County Institutions; deputy wardens; appointment; subject approval. ......... HB 353 County Jail Fund; distribution of surcharges in superior court cases............ SB 156 Inmate Records Maintained by Sheriff; public records inspection. ............. HB 30 Inmates; medical treatment; costs collected; reimbursed if acquitted or exonerated. ......................................................... HB 232 Inmates; offense of mutiny against custodial officers. ........................ HB 870 Inmates; persons furnishing drugs, weapons, alcohol; felony penalty. ........... HB 29 Inmates; production of goods; sales for publicly funded projects. ........ HB 844

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INDEX

2379

JAILS, JAILERS (Continued) Inmates Sentenced Work Release or Community Service; ineligible workers' compensation benefits. .......................................... SB 273 Persons Charged Stalking Crimes; release restrictions; notify victim. ............ SB 13 Probation; conditions; confinement, county facility or jail. .................... SB 270 Victims of Crime; notice of offender's change in custody status. .............. HB 211
JASPER, CITY OF; extend corporate boundaries........................... HB 1052
JASPER COUNTY Board of Commissioners; election districts; reapportion. ..................... HB 793 Board of Commissioners; election districts; reapportion; terms. .............. HB 1077 Board of Education; reconstitute.......................................... HB 1078 Board of Education; reconstitute; elections; districts. ....................... HB 691 Transfer from Oconee RDC to Middle Georgia RDC; ratify and approve. ...... SR 238 Transfer from Oconee RDC to Middle Georgia RDC; ratify and approve. ..... HR 360
JEFF DAVIS COUNTY Board of Commissioners; chairperson and members; compensation. .......... HB 1116 Board of Education; chairperson and members; compensation. ............. HB 1118 Brunswick Judicial Circuit; superior court; judges; district attorney; salary supplement. .................................................... HB 1117
JEFFERSON, CITY OF Board of Education; independent school system; reconstitute. ................ HB 216 Mayor and Council; election districts; qualifications; terms; date. ............. HB 217
JEFFERSON COUNTY Designate Bridge for Floyd L. Norton on U.S. 1 over Reedy Creek............ HR 119 Magistrate Court; chief magistrate; compensation............................ HB 984
JEKYLL ISLAND MUSICAL THEATRE FESTIVAL; official state musical theatre. .......................................................... SB 371
JEKYLL ISLAND STATE PARK AUTHORITY Activity Restrictions; 65% of land area; maintain in natural state.............. SB 336 Additional Member; persons leasing property and serving as a member. ...... SB 337 Fees for Fire Protection, Public Safety Services; limit increases................ SB 147 Jekyll Island Musical Theatre Festival; official musical theatre................. SB 371 Leases; fiscal agency; Office of Treasury and Fiscal Services. .................. SB 162 Projects of Certain Magnitude; evaluate use of private firms.................. HB 941
JOHN MARSHALL LAW SCHOOL Chartered 1933 as Law School of the South; recognize. ....................... SR 284 Congratulating Upon 60th Anniversary. ..................................... SR 364 Congratulating 60th Anniversary............................................ SR 210
JOHNSON COUNTY Transfer from Oconee RDC to Central Savannah River; ratify; approve......... SR 238 Transfer from Oconee RDC to Central Savannah River RDC; ratify........... HR 360
JOHNSON, DON Resignation letter to serve in Congress ..................................... Page 40 10th district Congressman; introduced, remarks ............................ Page 416
JOHNSON, JUDGE ED; administered oath of office to Senators-Elect ...... Page 17
JOHNSON, LEROY R.; placement of portrait in State Capitol. ............... SR 213
JONES, BOBBY; designate overhead crosswalk in memory of; Route 49, Macon. .................................................................. SR 231
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2380

JOURNAL OF THE SENATE

JONES, BOBBY, MERCER UNIVERSITY PROFESSOR; regrets at passing. ........................................................ SR 171

JONES, CISSY; Peach Festival Director, Introduced, remarks ............... Page 769

JONES, DR. BOBBY; introduced, remarks ................................ Page 351

JONES, JUDY; commend. ..................................... SR 350

JONES, PATRICIA C., DEKALB COUNTY NAACP; commend.

SR 105

JONES, TAMARA NICOLE, 1992 MISS TEEN OF GEORGIA; honoring. SR 88

JOYCE, LONNIE, NATIONAL 4-H CHAMPION; commend.

SR 84

JUDGES (Also See Courts) Attorneys; part-time service when counsel to local government................. SB 120 Court Reporters; transcription; discretionary powers; removal................. HB 489 Court Reporting; transcription; discretionary powers. ......................... SB 356 Magistrate Courts; office of senior magistrate; creation. ....................... SB 315 Part-time; disqualify for conflict of interest; transferral of case. .............. HB 344 Probate Court; minimum salary; cost-of-living, longevity increases. ........... HB 710 Sentences Imposed Without Jury; 12 or more years imprisonment; review. ..... HB 79 Superior Court; Clayton Judicial Circuit; salary supplement. .................. SB 179 Superior Court; Conasauga Judicial Circuit; fourth judgeship. ................. SB 261 Superior Court; retirement; spousal benefits coverage. ........................ SB 253 Superior Court; secretaries; retirement; prior service credit. ................... SB 378 Superior Court; Stone Mountain Judicial Circuit; tenth judgeship.............. SB 232

JUDGMENTS Dispossessory Proceedings; writ of possession against tenant.................. HB 337 Liens Against Purchased Property; when property shall be discharged.......... HB 72 Magistrate Court Civil Proceedings; default practices and procedures.......... HB 327 Supreme Court; disposition of cases; terms of court............................ SB 76

JUDICIAL CIRCUITS Augusta Circuit; superior court; judges; county salary supplement.............. SB 254 Augusta Circuit; superior court; judges; salary supplement.................... HB 946 Augusta Circuit; superior court; judges; salary supplement................... HB 1022 Augusta Circuit; superior court; judges; salary supplement................... HB 1095 Augusta Circuit; superior court; judges; salary supplement; Burke, Columbia, Richmond Counties. ......................................... HB 1023 Brunswick Circuit; superior court; judges; district attorney; salary supplement. .................................................... HB 1117 Brunswick Circuit; superior court; judges; salary supplement. ............... HB 1040 Brunswick Circuit; superior court; judges; salary supplement; Appling County. ...................................................... HB 1115 Clayton Circuit; district attorney; county salary supplement. .................. SB 181 Clayton Circuit; superior court; court reporters; compensation. ................ SB 184 Clayton Circuit; superior court; judges; salary supplement. .................... SB 179 Cobb Circuit; superior court; additional judge; appointment; election. ........... SB 31 Conasauga Circuit; superior court; fourth judgeship........................... SB 261 Court-annexed or Referred Alternative Dispute Resolution Act. .............. HB 143 Court Reporters; certification; disciplinary actions; depositions................. SB 356 Court Reporters; certification; revocation; taking depositions.................. HB 489 District Attorneys; retirees; postretirement benefit increases. ................. HB 768 Eastern Circuit; superior court; judges; salary supplement. .................. HB 1038 Georgia Superior Court Clerks' Cooperative Authority; creation. .............. HB 243 Indigent Defense; representation; requesting assistance of council. ............ HB 284

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INDEX

2381

JUDICIAL CIRCUITS (Continued) Oconee Judicial; superior court; judges; local salary supplement............... HB 876 Piedmont Circuit; superior court; terms; Jackson and Barrow County. ........ HB 792 Rockdale Circuit; superior court; judges; county salary supplement. ............ SB 258 Stone Mountain Circuit; superior court; tenth judgeship. ..................... SB 232 Western Circuit; district attorney; repeal certain star! positions. .............. HB 453

JURIES (Also See Courts) Board of Jury Commissioners and Clerk; per diem compensation. ............ HB 446 Grand Jurors; oath; change gender; foreperson; grammatical revisions. ..... HB 820 Jury Lists; sources for selection of persons; driver's licenses, vehicle registrations, registered voters. ........................................... SB 193 State Courts; trial of civil actions; demands for jury panel. .................... SB 62

JUVENILE PROCEEDINGS (Also See Courts or Minors or Children
and Youth Services) Child Abuse, Child Fatality Prevention; review services coordination. .......... SB 234 Children and Youth Services; apprehend runaway youth; police power......... HB 296 Children and Youth Services; apprehending delinquent child; powers. ..... HB 299 Children and Youth Services; contract homeparents; insurance. ....... HB 294 Deprived Children; placement plans, custody changes; judicial orders............. SB 3 Juvenile Courts; judges; attorneys serving part-time. ......................... SB 120 Juvenile Courts; supervision fees; use for mediation services. ................ SB 358 Juvenile Delinquent Children; probation condition; boot camp program......... SB 150 Juvenile Law Enforcement Records; disclosure to school personnel. ............ SB 122 Juveniles Committing Designated Felony Acts; courts notify schools............ SB 132 Probation Officers; discretionary authority for detention or custody. .......... HB 306 Records; drug abuse, child abuse; access by certain school personnel. ......... HB 333 Richmond County; juvenile intake, probation services; transfer
state-wide system. ........................................ SB 366

KAUFMANN, ALICE; served as nurse for the session....................... Page 18

KEENER, DR. ELLIS; plaque presented to Senator Baugh ................. Page 185

KELLY, JIM; honoring...................................................... SR 29

KEMP, SENATOR RENE; excused due to illness ......................... Page 364

KENNESAW, CITY OF; change corporate limits................... HB 626

KENTUCKY; party state; Interstate Rail Passenger Network Compact......... HB 966

KINES, REVEREND GRADY; recognizing. ................................ SR 308

KING, LINDA O., MUSEUM PROFESSIONAL OF YEAR; commend. SR 275

KLOPP, WILLIAM R.; recognizing. ........................ SR 241

LABOR AND INDUSTRIAL RELATIONS (Also See Employment Security

or Workers' Compensation)

Asbestos Safety; persons employed by contractors; required training. ..... SB 135

Boiler and Pressure Vessel Safety Act; exception; air storage tanks............. HB 39

Code Revision; Title 34; correct errors and omissions. ....................... HB 145

Community Employment Hiring Practices at World Congress Center............ SB 39

Department; disposition of certain local offices; replacement. ................... SR 64

Department; duties; job-finding assistance to welfare recipients. ................ SB 26

Department; expenses; withdrawals from Unemployment Trust Fund.......... HB 349

Department; receive moneys behalf of Georgia Commission on Women.

... HB 68

Drugs; substance abusing employees; testing, rehabilitation programs........... SB 310

Employer Child Care Issues; committee to study options, problems. ........... SR 332

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2382

JOURNAL OF THE SENATE

LABOR AND INDUSTRIAL RELATIONS (Continued)

Employers; health care, day care or child care facilities or schools; disclosure

of employee job performance. ............................................ SB 175

Employment Forms, Applications; multiracial classification. ................... SB 149

Employment Reports to State Child Support Registry; employers duty. ........ SB 269

Furnishing Labor, Services; reliance on progress payment; bad checks. ......... SB 223

Independent Contractors for Published or Printed Materials; exclusion,

unemployment or workers' compensation. ................................ HB 678

Insurance; workers' compensation; premium reduction; drug-free workplace

program; certification requirements....................................... HB 811

Jobs; workforce policies; economic development incentives; study of. .......... SR 333

Labor Commissioner; limitation of terms of office. ......................... SR 5

Labor Commissioner; limitation of terms of office. ........................... SR 140

Labor Department; access to records of fatal occupational injuries. ............ SB 103

Labor Pools; work-site employers; failure to pay temporary workers. .......... HB 389

Migrant and Seasonal Farm Workers; access to health care; study of. .......... SR 336

Occupational Therapists or Assistants; licensure; qualifications................. SB 115

Older Worker Task Force; retraining, reemployment needs; study of. .......... SR 131

PEACH Program; employment services for public welfare recipients. ........... SB 26

Subsequent Injury Trust Fund; moneys held in trust; custodian. .............. SB 162

Technical Training; components of basic academics; study of. ................. SR 222

Wages; income deduction orders for arrearages in child support............... HB 261

Workers' Compensation; appeals; case review by law judges. ................. HB 677

Workers' Compensation; benefits; forfeiture; injuries caused primarily by

intoxication or drug use; testing policies. .................................. SB 235

Workers' Compensation; cancellation, nonrenewal; notice requirements. ....... HB 482

Workers' Compensation; cases on appeal; review; data for rating insured;

self-insurance funds, soliciting members. ................................. HB 677

Workers' Compensation; employee compensable injuries; medical exams. ....... SB 267

Workers' Compensation; exclude certain self-insured small employers. ........ SB 176

Workers' Compensation Group Self-insurance Funds; soliciting members. .... HB 527

Workers' Compensation; ineligible employees; persons sentenced work release

or community service; exception. ......................................... SB 273

Workers' Compensation; injured workers; medical test procedures.............. SB 300

Workers' Compensation; insolvent insurer guarantors; payment of claims;

substitute systems, standards. ............................................ SB 273

Workers' Compensation; insurance companies; bond payments. ................ SB 162

Workers' Compensation; policy cancellations; notice requirements.

.... SB 240

Workers' Compensation; premium discounts for drug-free work programs. ..... SB 310

Workers' Compensation; rehabilitation counseling; license exception. ........... SB 115

LABOR POOLS; Work-site Employers; failure to pay temporary workers or to inform hazardous chemicals exposure; penalties. ....................... HB 389

LACAVERA, MS. TOMMIE PHILLIPS, PRESIDENT GENERAL OF UDC; commend.................................................. SR 46

LAFAYETTE, CITY OF; Designate; General Ron Griffith Highway on portion of S.R. 136. ............................................ SR 228

LAGRANGE, CITY OF Mayor and Council; powers; regulating cable television services. .............. HB 701 Mayor, Council; election; select form of government, districts................. HB 744 Municipal Elections; provide for nonpartisan elections. ...................... HB 775 Municipal Funds; expenditures for consolidated school system. ............... HB 839

LAKE BLUE RIDGE; restrictions on marine toilets. ........................ HB 528

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INDEX

2383

LAKE CITY; Property Conveyance; Labor Department office; disposition. ....... SR 64
LAKE HARDING; restrict operation of houseboats. ......................... HB 695
LAKE JACKSON; restrict operation of houseboats. ......................... HB 695
LAKE LANIER ISLANDS DEVELOPMENT AUTHORITY Membership; State Employees' Retirement System. .......................... SB 377 Projects of Certain Magnitude; evaluate use of private firms.................. HB 941
LAKE OLIVER; restrict operation of houseboats. .................. HB 695
LAKE WORTH; restrict operation of houseboats. .................. HB 695
LAKES High Falls Lake; boat docks; construction permits; regulations................ HB 195 Houseboats With Marine Toilets; restrict operation on certain lakes. ......... HB 695 Marine Toilets; discharge restrictions; federal Act shall control. .............. HB 528
LAMAR COUNTY; Ad Valorem; county, school tax; homestead exemption; disabled persons. .............................................. HB 955
LAMPKIN, ALBERT AND DELLA MAE; claims against the state; compensate. ............................................................. HR 157
LAND, JACK; commend. .................................................. SR 161
LAND SURVEYORS; applicability; Georgia Limited Liability Company Act.. HB 264
LAND USE PLANS Land-disturbing Activities; regulatory compliance yet damages caused. ........ HB 566 Zoning Ordinances; adoption procedures; boundaries; hearings. ............... HB 810
LANDFILLS (Also See Waste Management) Biomedical Waste Disposal Facilities; restrict construction permits. ............ SB 381 Recyclable Products; state agencies purchasing, use of; compliance. .............. SB 9 Solid Waste Handling Permits; standards; vertical expansion, modifications; disposal restrictions, yard trimmings, tires. ............................... HB 257 Waste Control Law; illegal dumping defined; penalties; damages. .............. SB 275 Yard Trimmings; disposal restrictions; chipping, soil composting use. ..... SB 289
LANDLORD AND TENANT Dispossessory Proceedings; writ of possession against tenant.................. HB 337 Lease, Rental Agreements; notice; property listed as hazardous site. .... SB 294 Liens of Commercial Real Estate Brokers for Compensation Due. ............ HB 523 Property Leases; real estate brokers and client relationships................... SB 227
LANDRUM, PHILLIP M., FORMER CONGRESSMAN; designate memorial highway for...................................................... HR 55
LANDSCAPERS, LAND ARCHITECTS AND NURSERYMEN Georgia's Green Industry; urge Olympic Organizations to use. .................. SR 11 Landscape Architects; licensure; design services of contractors. ............... HB 714 Landscape Architecture; defined Limited Liability Company Act.............. HB 264
LANE, DICK; designate bridge in recognition; Chattahoochee River; Fulton County. .................................... HR 400
LANGDALE, WILLIAM; elected to State Transportation Board ........... Page 2248
LANGFORD, JAMES BEVERLY; elected to State Transportation Board . Page 2248
LANGFORD, SENATOR ARTHUR; served as Chaplain ........ Pages 13, 1307, 1956
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2384

JOURNAL OF THE SENATE

LANGFORD, SENATOR STEVE Excused, death in family ............................................... Page 1231 Explanation of SB 226 vote............................................. Page 1119
LANIER COUNTY; Board of Commissioners; chairman, members; compensation. .......................................................... HB 1042
LAURENS COUNTY; board of education; members; compensation; per diem. ...................................... HB 919
LAW ENFORCEMENT OFFICERS AND AGENCIES Abandoned, Derelict Vehicles; request for information; disposition. ............ SB 340 Additional Funds for Crime, Traffic Incidents Related to Alcohol Use. ..... SB 228 Arrest of Persons; private security guards; powers, certain property. ........... SB 287 Arresting Officer; suspected DUI violations; chemical tests; results. ............ SB 163 Arresting Officers; injury, contact exposure to infectious diseases.............. HB 162 Arrests; accidental shooting of a child; guns negligently stored................. SB 247 Arrests; accidental shootings involving minors access to loaded gun. ...... SB 360 Arrests; accidental shootings of minors; negligent parent or guardian. ........... SB 68 Chief Executive Training; police chiefs, department heads; increase. ........... SB 279 Child Abuse; reports; disclosure; access by investigative agencies. ................ SB 2 Child Abuse; sexual abuse; investigative agencies; records inspection. ............ SB 1 Child Fatality Prevention; review of coordination of services................... SB 234 Child Protective Services; training of personnel; study of funding. ............. SR 313 Code Revision; Title 35; correct errors and omissions. ....................... HB 145 Conservation Rangers; retention of weapon, badge after 25 years............... SB 306 County Correctional Institutions; deputy wardens; appointment............... HB 353 County, Municipal Officers; transportation of prisoners. ..................... HB 107 Criminal Justice Coordinating Council; Child Abuse Prevention Panel......... SB 234 Criminal Justice Coordinating Council; members; reduce number of. .......... HB 882 Death Investigations; coroners and deputy coroners; annual training........... HB 223 Death Investigations; human body parts; unlawful removal. .................. HB 686 Duties; custodian of persons charged stalking crimes; notify victim.............. SB 13 Duties; inspect locations where tobacco products are sold to minors. ........... SB 222 Duties; notification reports; recovery of stolen vehicles or plates. ............. HB 172 Family Violence Protective Orders; effective statewide; enforcement. .......... HB 680 GBI; criminal records; firearms purchaser background check; procedure......... SB 12 GBI; licensing charitable casino gambling to benefit schools. .................. SB 140 Informant Reward Payments; forfeitures; Controlled Substances Act. ........ SB 237 Juvenile Probation Officers; authority in detention or custody. ............... HB 306 Juvenile Records; disclosure to school personnel; regulate use of. .............. SB 122 Local Government Services; consolidation to improve efficiency. ............... HB 83 Local Government Services; minimum standards; inactive municipalities. ....... HB 84 Officers; complaints against; procedural criteria; officers' rights................ HB 397 Officers Eligible to Retire at Age 55; identifies certain officers. ............. HB 750 Officers; inmates committing offense of mutiny against....................... HB 870 Peace Officers' Benefit Fund; benefits; postretirement increases. .............. HB 497 Peace Officers' Benefit Fund; repeal physical exams, certain benefit. .......... HB 496 Peace Officers; registered; qualifications for office of sheriff. .................. HB 205 Peace Officers; staff of Children and Youth Services Department. ............ HB 296 Peace Officers; staff of Children and Youth Services Department. ....... HB 299 Peace Officers; training agencies; appropriation of funds. ...................... SB 65 Polygraph Examiners; license application fees; remove exemption. ............ HB 631 Public Safety Driver's License Examiners; duties as voter registrars. ........... SB 131 Public Safety Employees Operating Emergency 911 Systems; funding. ....... SB 302 Public Safety; troopers; urge review of compensation schedule. ................ SR 319
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INDEX

2385

LAW ENFORCEMENT OFFICERS AND AGENCIES (Continued) Radar Speed Detection; use of devices on hills; admissible evidence. ........... SB 116 Revenue Agents, Enforcement Officers; weapon and badge retention........... HB 311 Search and Seizure With a Warrant; evidence; criminal procedure. ............ SB 113 Sheriffs; contracts with municipalities; police services; powers................. HB 936 Sheriffs; employees in civil service system; counties over 400,000. .............. SB 239 Sheriffs; minimum salaries, cost-of living increases; clarify.................... HB 206 Sheriffs; prospective and post retirement benefit adjustments................. HB 502 Sheriffs; vacancies in office; method to fill; selection of bailiffs. ............... HB 764 Training; police chiefs and department heads; increase requirements. ........ SB 279 Transportation Enforcement Officers; duties; toll roads......................... SB 91 Transportation Enforcement Officers; removal of unattended vehicles. ......... SB 92 Wiretapping; consent to intercept, record communications; conditions. ......... HB 47

LAW LIBRARIES; funding; surcharges in superior court cases. ............... SB 156

LAWRENCEVILLE, CITY OF; corporate limits; deannex certain property. HB 922

LEAD Hazards to Children; lead-based paint and dust poisoning; study of. ........... SR 136 Lead Poisoning Prevention Study Committee. .............................. HR 180

LEARNFARE PROGRAM; public assistance; teenagers; school attendance. .... SB 66

LEE COUNTY; Board of Education; reconstitute. ....................... HB 979

LEGACY ENVIRONMENTAL EDUCATION PROJECT; commend.

SR 229

LEGAL ADVERTISING Publication of Notices of Conviction for DUI Offenses. ....................... SB 119 Publication of Notices; open public called meetings; requirements............. HB 600

LEMON LAWS Assistive Technology Warranty Act; rights of disabled persons; enact........... HB 93 Motorized Wheelchair Warranty Act; consumer rights; enact. .................. SB 11

LEWIS, HAZEL; commend. .................................... SR 169

LIBERTY COUNTY Board of Commissioners; new election districts.............................. HB 855 Board of Education; change compensation. ................................. HB 474 Board of Education; election; new districts; compensation. ................... HB 858 Board of Elections; create; powers; duties; jurisdiction; chairperson, clerical assistants, employees. .......................................... HB 1049 Coastal Area (Olympic) Games Authority; creation; powers; membership. ...... SB 145 Tax Commissioner; annual salary; abolish fee system of compensation......... HB 473

LIBRARIES, LIBRARIANS Archival Records of Historical Value; certain access restrictions............... HB 254 Librarians; professional certification; accredited master's degree................. SB 67 State Public Documents; depository; transfer functions to director of University of Georgia Libraries. ......................................... HB 463

LICENSE PLATES (Also See Motor Vehicles or Staggered Tag Sales) Abandoned or Derelict Vehicles; disposition; cancellation of title............... SB 340 Registration; certificate of title; cancellation; derelict vehicles. ................ HB 447 Registration; certificate of title revisions; tax collection agent. ................ HB 164 Registration; county of return of motor vehicles; redefine domicile. ........... HB 229 Revalidation Decals Not Affixed on Vehicles; change penalties. ................ HB 34 Special; amateur radio operators; additional plates; fees. ..................... HB 292 Special; antique, hobby, special interest vehicles; change fees. ................ HB 520

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2386

JOURNAL OF THE SENATE

LICENSE PLATES (Continued) Special; commemorative 1996 Olympic design; licensing agreements. .......... HB 320 Special; disabled veterans; qualifying procedures. ........................... HB 585 Special; motor vehicle distributors; fees..................................... HB 116 Special; National Guard members; transfer vehicle ownership; fees. ........... HB 164 Special or Distinctive; repeal additional registration fees. ............... SB 138 Special; Purple Heart veterans; additional plates; waiver of fees. ............. HB 113 Special; retired military reservists........................................... SB 357 Special; retired veterans of U.S. armed forces; applications; fees. .......... SB 367 Special; revocation; personal check returned for any reason................... HB 320 Special; wartime veterans; 100% disabled; free plates and decals............... SB 242 Staggered Tag Sales; motor vehicle registration; Emanuel County. ............ HB 730 Suspension; failure maintain proof of insurance; repeal provisions.............. HB 21
LIENS Abandoned Vehicles; removal, storage fees; foreclosure filing fees. ............ HB 321 Commercial Real Estate Broker Lien Act; enact............................. HB 523 Contractors, Subcontractors, Materialsmen; preserving lien rights. ............ HB 544 Lease Transactions-Uniform Commercial Code; rights of creditors............. HB 395 Loans; residential mortgage lenders, brokers; regulation, licensing. ............. SB 106 Loans Secured by Residential Property; fees, interest; maximum rates.......... SB 105 Mortgage Lenders, Brokers; residential licensee; regulations. ................. HB 237 Property; federal tax liens; filing, indexing, recording. ......................... SB 85 Property Improvement Contractors; payment bond, security deposits; preserving rights of certain parties; filing notices. ......................... HB 545 Property Owners' Association Act; governance; incorporation. ................ HB 574 Property; when purchased property is discharged from lien of judgment. ....... HB 72 Secured Transactions; crop production loans; priority as collateral. ............ HB 75 Secured Transactions of Landowner; future crops due to sharecroppers......... HB 73 Tax Liens; delinquent income taxes; property rights subject to levy- .......... HB 269 Veterinarians or Animal Boarding Facilities; charges due..................... SB 130
LIEUTENANT GOVERNOR Limitation of Terms of Office; amend Constitution. ............................ SR 5 Limitation of Terms of Office; amend Constitution. ........................... SR 90 Limitation of Terms of Office; amend Constitution. .......................... SR 140 Pierre Howard; birthday congratulations..................................... SR 123 Pierre Howard; remarks to Senate ......................................... Page 20
LIFE WITHOUT PAROLE; punishment; murder under aggravating circumstances. ........................................................... HB 485
LIMOUSINE CARRIERS; vehicle registration; PSC regulate; issue permits. ... SB 317
LINCOLN COUNTY; Office of Treasurer; abolish; transfer duties, records, fund to chairperson, Board of Commissioners............................... HB 976
LITERACY Adult Literacy; inmates; obtaining 5th grade competency level................ HB 191 Adult Programs; persons 18 years or older. ................................... SB 72 Braille Literacy; educational instruction for visually impaired................. HB 492
LITTER Public Trash, Garbage Containers; unauthorized removal of items. ............ HB 95 Waste; discarded materials; illegal dumping; evidence; penalties................ SB 275
LITTLE BETHEL BAPTIST CHURCH CENTENNIAL CELEBRATION; recognizing. ............................................. SR 89
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INDEX

2387

LIVE-IN-LOVER PROVISIONS; alimony support payments; grounds to modify.................................................... SB 277
LOANS (See Banking and Finance or Grants)
LOBBYISTS, REGISTERED AGENTS Ethics; influencing passage of legislation; members of standing committees prohibited accept travel expenses. ........................................ SB 118 Lobbying; restrict conduct of former legislators, public officials. ................ SB 69
LOCAL GOVERNMENT (Also See Counties or Municipalities) Ad Valorem; alternative source of revenue to property tax; study of............ HR 91 Ad Valorem; school property tax digest; complaints; arbitrators. ............... HB 62 Ad Valorem; tax execution notices; homestead exemption. .................... SB 125 Ad Valorem Tax; property value; fair market; existing use; timber. ............ SB 233 Ad Valorem; taxing jurisdictions; duties; millage rate adjustments............. HB 554 Airports, Landing Fields; commercial expansion; counties of 400,000. ... SB 94 Airports, Landing Fields; commercial expansion; Fulton County. .............. SB 351 Alcoholic Beverages; sales on Sunday; prohibit employee consumption.......... SB 314 Attorneys Serving as Counsel to; part-time service as judges.................. SB 120 Audits of Financial Affairs; requirement; change expenditure level. ........... HB 137 Aviation Museums; taxes collected from levy on public accommodations. ... HB 346 Bond Financing of Public Projects; indebtedness; committee to study. .......... SR 37 Bus Stops; shelters or benches; conditions for issuing a permit. ............... SB 343 Business, Occupation Taxes, Regulatory Fees; limit local tax levy. ............ HB 362 Business Taxes; alcoholic beverage dealers; increase license fees................ SB 228 Code Revision; Title 36; correct errors and omissions. ....................... HB 145 Contracts; Georgia Superior Court Clerks' Cooperative Authority. ............ HB 243 Contracts With Wrecker Services Removing Improperly Parked Cars.......... HB 447 Costs of New Programs or Services Imposed by State; limitations.............. SR 148 Counties; Board of Jury Commissioners; compilation of jury list. .............. SB 193 Counties; boards of health, reorganize; establish separate community mental health service boards; operational powers, duties. .................. HB 100 Counties; boards of tax assessors; members; term of office..................... SB 158 Counties; called meetings; additional notices; posting; media.................. HB 600 Counties; elections; withdrawal of nominated candidates; procedures. ......... HB 376 Counties; governing authorities; members; minimum annual salaries. ........... SB 380 Counties; grants; provision of services for certain state properties. ............. SB 202 Counties; indigent residents; liability for hospital emergency care. ............. SB 331 Counties, Municipalities; ad valorem tax sharing; regional industrial parks; amend Constitution. .............................................. SR 203 Counties, Municipalities Comprising Coastal Areas; creation of public corporation; Coastal Area Games Authority. ............................... SB 145 Counties, Municipalities; consolidation upon referendum approval............... HB 2 Counties, Municipalities; hotel-motel sales tax; aviation museums. ............ HB 346 Counties, Municipalities; powers; federal grant, loan programs; execute intergovernmental contracts...................................... HB 728 Counties of 550,000 or more; public works contracts; bidders. .............. HB 607 Counties; ordinance violations; maximum allowable fines. ..................... SB 315 Counties Over 400,000; civil service coverage; employees of sheriff.............. SB 239 Counties; public trash, garbage containers; prohibit removal of items. .......... HB 95 Counties; public works contracts; bids; female business enterprises. ........... HB 281 Counties; purchasing; public letting and bids; counties of 550,000. .............. SB 97 Counties; records officers; designee to receive election documents. ............. SB 214 Counties; special 1% sales tax; convention or trade show facility.............. HB 472 Counties; tax assessor boards; election of members. .......................... SB 126
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2388

JOURNAL OF THE SENATE

LOCAL GOVERNMENT (Continued)

County Board of Jury Commissioners and Clerk; per diem compensation. . . . . . HB 446

County, City or Authorities; duties; solid waste disposal management. .... HB 257

County Commissioners, Chairpersons; nonpartisan primaries, elections.......... SB 370

County Hospital Authorities; mergers, reactivation; terms, effects. ............ HB 689

County, Municipal Impact Fees; exempt county board of education. .......... HB 255

County, Municipal Offices; vacancies; interim appointees; elections.

..... HB 304

Elections; nonpartisan offices; voting for individual candidates. .............. SB 283

Emergency Telephone 911 Providers; military bases; joint authorities. ..... HB 719

Emergency 911 Telephone Charges; allocation and use of moneys. ............. SB 302

Enterprise Zones; ad valorem tax exemption upon referendum approval. ....... SB 166

Enterprise Zones; creation; different property tax treatment. .................. SR 206

Fiscal Affairs; functions of Office of Treasury and Fiscal Services. ............. SB 162

Funding of Court Operations; disputes of adequate basic level. ................ SR 192

Governing Bodies; open meetings; repeal criminal penalty provision. .......... HB 903

Historical Townships Designation; communities created before 1900. ........... HB 84

Housing Authorities; powers; investment of funds; sale of bonds. .............. SB 201

Indigent Defense Council; county governing authority appointees. ............ HB 284

Insurance; public entities; cancellation of coverage; orders for temporary

coverage; emergency property protection measures. ........................ HB 568

Intergovernmental Contracts Related to Federal Grant, Loan Programs........ HB 728

Irrigation Contractors; issuance of permits; applicant licensure.

...... HB 516

Land Use; restrictive covenants; planned subdivision; renewal. ............... HB 556

Law Enforcement Agencies; contracts; transporting of prisoners............... HB 107

Law Enforcement Officers; complaints against; procedural criteria............. HB 397

Legal Counsel; part-time judge; conflict of interest cases. .................... HB 344

Local Government Efficiency Act; enact; consolidation plans, grants. ........... HB 83

Municipal Corporations; inactive; failure to meet minimum standards;

repeal of charter; dissolution of assets. .................................... HB 84

Municipalities; contracts with sheriffs for police services. .................... HB 936

Municipalities; property to be acquired through exchange; procedures. ........ HB 755

Nude or Other Sexual Conduct; regulation of; amend Constitution. ............ SR 187

Property Tax Amnesty Program; waiver of penalties for payment; fees. ....... SB 139

Public Works; contractors; Notice of Commencement requirements; actions

on breached performance bonds or security deposits. ...................... HB 543

Regional Development Centers; boards; composition; powers.................. HB 753

Retirement, Residential Communities; urge assistance in promoting. ........... SR 199

Sales Tax; levy on hotel-motels; use for promoting aviation museums. ... HB 346

Solid Waste Management; landfill restrictions; yard trimmings................. SB 289

Tax Assessors, County Boards; ineligible appraisal staff position. ............. HB 493

Tax Commissioners, Collectors; salaries; increase minimum amount. ........... SB 282

Transient Merchants; business license fees fixed by county. .................. HB 661

Water; public systems; operators, lab analysts; qualifications.................. HB 283

Water Systems; withdrawal permits; community economic impact analyses....... SB 10

Workers' Compensation; ineligible employees; persons sentenced work release

or community service; exception. ......................................... SB 273

Zoning Ordinances; adoption procedures; boundaries; hearings. ............... HB 810

LOCAL PROPERTY TAX AMNESTY PROGRAM ACT; enact.

SB 139

LONG COUNTY

Coastal Area (Olympic) Games Authority; creation; powers; membership.

SB 145

Sheriffs Deputies; compensation. .......................................... HB 869

LORD, TERESA, 1992 GOAL AWARD; commend.

SR 138

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INDEX

2389

LOTTERIES; Recreational Bingo Games; noncash prizes; not form of lottery. . . HB 174

LOTTERY COMMISSION Director Rebecca Paul; introduced, remarks ............................... Page 593 Governor's appointees ................................... Pages 586, 587, 1934, 1936

LOTTERY FOR EDUCATION ACT Georgia Lottery; continued existence; resubmit question to voters. ............. SR 134 Lottery for Education Account; proceeds; appropriation restrictions. ........... SB 100 Lottery for Education Proceeds; appropriations SPY 1993-1994. .......... HB 259 Lottery for Education; public schools use of moneys; annual report. ............ SB 73 Lottery Proceeds; calculating mandatory education appropriations. ............. SR 91 Prize Winners Owing Money, Taxes to State; debt collection; withholding of winnings so liened; procedures. ........................................... SB 104 State Lottery; advertising signs at licensed retail liquor stores. ....... SB 206 State Lottery; management; Office of Treasury and Fiscal Services. ............ SB 162

LOVELL, W.L. (BUDDY), UNICOI STATE PARK RANGER; honoring. SR 212

LOVETT SCHOOL WRESTLING TEAM; commend.

SR 273

LOWE, CINDY; Principal Pinckneyville Middle School, commend ........... Page 716

LOWE, KENNETH JEVEL; honoring. ...................................... SR 35

LOWER MUSCOGEE CREEK TRIBE; official American Indian tribe. ...... HB 265

LUCAS, PATRICK, NATIONAL 4-H CHAMPION; commend.

SR 77

LYNN FAMILY, PIONEER FAMILY OF TATTNALL COUNTY; honoring......................................................... SR 328

MACON, CITY OF Designate; Bobby Jones Crosswalk; Shurling Drive on Route 49................ SR 231 Designate; Walter L. Hardin Bridge on Route 49, Shurling Drive. ............. SR 230 Macon-Bibb County Cherry Blossom Festival organizers; commend. ............ SR 43 Water Authority Employee's Pension Plan; continued; eligibility. ........ SB 386

MACON COUNTY HIGH SCHOOL FOOTBALL TEAM; commend.

SR 318

MACON COUNTY HIGH SCHOOL LADY BULLDOGS; commend.

SR 223

MACON COUNTY HIGH SCHOOL WRESTLING TEAM; recognizing. SR 317

MADDEN, SENATOR EDDIE; statement on morning roll call............ Page 1582

MADDOX, REEVE; created official National PTA 1993-1994 slogan. ..... SR 124

MADISON, CITY OF; mayor, council; election districts; reapportion. ......... HB 332

MAGISTRATE COURTS Clerks; funds paid into court registry; deposit interest-bearing account; remit to Indigent Defense Council. ...................................... HB 402 Clerks; services of state court clerk; compensation. ........................... SB 196 County Dispute Resolution Programs; creation; trustees of funds. ............ HB 143 Default Judgments; statement of claims, service of process; answers; failure to appear; damages; appeals. ..................................... HB 327 Office of Senior Magistrate; creation; ordinance violations; fines................ SB 315

MALLARD, REVEREND CYRUS S., JR.; commend.

SR 305

MALPRACTICE (See Medical Practice or Medical Malpractice)

MALT BEVERAGES; home produced for consumption; exempt licensing.... HB 197

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2390

JOURNAL OF THE SENATE

MANUFACTURED HOUSING Mobile Homes; location permits; moving without ad valorem tax decals. ....... SB 209 Vehicle Transporting Preengineered, Premanufactured Roofs, Floor Trusses; excess dimension permits. ............................................... SB 238

MANUFACTURERS Assistive Technology Devices; warranties; disabled persons' rights. ............. HB 93 Contractural Rights; payments of federal manufacturer's excise tax. ......... HB 797 Defense Related Industries; incentives to continue investments. ............... SR 289 Motor Vehicle Franchise Practices Act, Georgia; enact. ...................... HB 454 Motorized Wheelchair Warranty Act; enact. .................................. SB 11 Product Liability Litigation; trade secrets; disclosure of hazards. .............. SR 292 Sales Representatives; consumer crimes against elderly persons. ............... SB 295

MARABLE, SENATOR RICHARD; statement on SR 173.............. Page 742

MARIETTA, CITY OF Board of Education; additional member; city council appointee. .............. HB 393 Board of Education; members; elected by majority vote; boundaries. .......... HB 226 Board of Education; tax levies; millage rate, bonded indebtedness............. HB 487 City Treasurer; finance director shall serve. ............................... HB 1005 Cobb-Marietta Coliseum and Exhibit Hall Authority; members; terms. ..... SB 389 Coliseum and Exhibit Hall Authority; members; residency; ethics code; facility name........................................................... HB 557 Designate; General Lucius D. Clay Memorial Parkway; South Cobb Drive. . . . . . SR 158

MARIJUANA; persons under the influence; unlawful possession of firearms. .... SB 121

MARION COUNTY Board of Commissioners; chairman and members; compensation. .............. HB 19 Board of Education; nonpartisan elections. ................................. HB 845

MARRIAGE (Also See Domestic Relations or Professions) Common-law Marriages; invalid to enter into after certain date................. SB 36 Marriage and Family Therapists; licensing requirements. ..................... SB 137 Marriage and Family Therapists; members; limited liability company.......... HB 264

MARTA Public Transportation Systems; safety program; comply federal Act. ....... HB 669 Tax Revenues; proceeds; limit use to pay certain nonrecurring costs............ SB 278

MARTIN, KEITH, EAGLE SCOUT AWARD; commend.

SR 260

MASTER CITY LITTLE LEAGUE, INC.; Richmond County; lease agreement. ......................................................... HR 167

MATHIS, ALEC, NATIONAL 4-H CHAMPION; commend.

SR 76

MATHIS, JAMES E., SR. OF GAINESVILLE; honoring. ............ SR 49

MATHIS, MRS. FRANCES MILLER; honoring. .......................... SR 113

MATHIS, THOMAS NELSON, SR.; commend............................... SR 32

MCCLINTON, EMORY; elected to State Transportation Board............ Page 2248

MCDANIEL, MISS GENEVA; introduced, remarks ....................... Page 328

MCDUFFIE COUNTY Board of Commissioners; expenditures; annual report; publication of. ........ HB 1021 Board of Education; expenditures, fees; annual report; publication. .......... HB 1068

MCEACHERN HIGH SCHOOL WRESTLING TEAM; recognizing.

SR 205

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INDEX

2391

MCINTOSH COUNTY Coastal Area (Olympic) Games Authority; creation; powers; membership........ SB 145 State Court; creation; located City of Darien; powers; jurisdiction. ............. SB 382 Superior Court; change term of court. ..................................... HB 377

MCINTYRE, MRS. LILLIE, 100TH BIRTHDAY; honoring.

SR 135

MCKINNEY, HONORABLE CYNTHIA ANN; commend. .................. SR 363

MCWHORTER, HAMILTON, JR. Commend Upon Retirement as Secretary of the Senate. ...................... SR 154 Placement of Portrait; Office of Secretary of the Senate....................... SR 196 Retiring Secretary of the Senate .......................................... Page 18

MEDIA ETHICS AND ERROR REVIEW PANEL TO HEAR GRIEVANCES; urge. ......................................... SR 369

MEDICAID (Also See Social Services or Indigent Persons) AFDC Children; participation in model basic health insurance plan. ....... SB 210 AFDC Recipients; private health insurance; public financed vouchers........... SB 208 Indigent Health Care; public hospitals; alternative funding source.............. HR 16 Medical Assistance Department; budgeted funds; reduce appropriations. ....... HB 86 Welfare Assistance Reforms; change benefit eligibility requirements. ..... SB 26

MEDICAL EXAMINERS, CORONERS (Also See Public Officers) Child Abuse; reports; disclosure; access by investigative agencies. ................ SB 2 Child Fatalities; investigation; reports; child abuse protocol review. .............. SB 1 Coroners and Deputy Coroners; certification; annual training. ................ HB 223 County Medical Examiners, Coroners, Officers; firearms possession. ........... HB 490 Death Investigations; autopsies; tissue studies; reporting persons admitted hospital in unconscious state. ............................................. SB 99 Human Body Parts; unauthorized removal or dismemberment; penalties. ...... HB 686

MEDICAL MALPRACTICE; State Courts; civil actions; demand for trial by jury. ................................................... SB 62

MEDICAL PRACTICE (Also See Physicians or Professions and Businesses) Chiropractors; scope of practice; certain nonprescription items.................. SB 61 Clinical Laboratories; billing practices; forms for ordering tests. .............. SB 345 Dental Hygienists; temporary licenses; restriction; failing exams............... HB 409 Dental Students Under Academic Supervision; tort immunity. ................ SB 165 Dentists and Dental Hygienists; licensure; new board to regulate............... SB 305 Emergency Medical Technicians; obstruct or hinder duties; penalties. ......... HB 659 EMS Technicians, Paramedics, Cardiac Technicians; recertification. ........... SB 263 Gerontology, Geriatrics; health, human service program licensure. ............ HR 120 Gerontology, Geriatrics; urge professional educational programs. .............. HR 126 Health Care Access; committee to study convening conference to study........ HR 242 Health Care; demands on hospital systems; study of funding methods. ..... HR 16 Health Care Professionals; dietetic, nutrition counselors; regulate. .............. SB 20 Health Care Providers; participation, GRIP Reform Insurance Plan. ........... SB 226 Human Body Parts; unauthorized removal or dismemberment; penalties..... HB 686 Indigent Patients; hospital emergency care; standards; cost of care. ............ SB 331 Medical Examiners, Composite State Board; commend........................ SR 247 Medical Expenses; contributions by individuals into special account............ SB 161 Medical Research by Educational Institutions; disclosure exemption........... HB 522 Nurses, Practical; license to practice; requirements; qualifications. .............. SB 25 Nurses; psychiatric/mental health clinical specialists; evaluations............... SB 312 Nurses; Public Health Nurse Day in Georgia; commend....................... SR 277 Optometry, Doctors of; use of topical or oral pharmaceutical agents. ........... SB 199

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2392

JOURNAL OF THE SENATE

MEDICAL PRACTICE (Continued) Oral Surgeons; temporomandibular joint disorders; health insurance............ SB 170 Patient Referrals; investment interests; Patient Self-Referral Act. ............ HB 920 Patient Referrals; physicians; financial interest restrictions. ................... SB 281 Patient Referrals; provider conflict of interest; cross-referral arrangements; unnecessary tests. ....................................................... SB 236 Patient's Medical Records; charges for copying; cap on fees. .................. SB 318 Patients-Pharmacists Privilege; disclosure of medical records. ................. SB 154 Patients-Pharmacists Privilege; disclosure of records; evidence. .............. HB 510 Pharmacists; dispensing dangerous drugs to EMS providers. ................. SB 241 Pharmacy, State Board; repeal rule relating to patient counseling.............. SB 332 Physicians; examine personal care home residents; restraint orders. .......... SB 169 Physicians; unpaid team doctors for student athletes; tort immunity. ......... HB 252 Podiatrists; licensure; applications for examination. ......................... HB 408 Practitioners or Suppliers; use of medical grade nitrous oxide. ............... HB 374 Professional Practitioners; local occupation taxes, regulatory fees. ............ HB 362 Psychologists; license exemption; state mental retardation facility. ............ HB 400 Psychologists; licensing; persons qualified; use of title; definition. ............... SB 48 Respiratory Care Practitioners; certification to practice. ..................... HB 491 Rural Community Hospitals; acute care status; licensing; staffing. ............. SB 334 Suicide Assisted Deaths; prohibited acts; felony penalty...................... HB 415 Surgery and Other Invasive Procedures; repeal certain limitations............... SB 15 Treatment of Mental Disorders; health insurance coverage. ................... SB 293 Workers' Compensation; injured workers; treating physicians; tests............. SB 300
MEDICARE; Acute and Emergency Care Services; rural community hospitals. .. SB 334
MEHAFFEY, BILL OF JACKSON COUNTY; regrets at passing. ............ SR 47
MENLO, CITY OF; mayor and councilmen; election and terms. .............. HB 990
MENTAL HEALTH Alcoholic Treatment Centers; alcoholic beverage sales near centers. ............ SB 301 Delivery of Disability Services; reorganization; coordination between regional and community boards; public and private providers......................... SB 49 Delivery of Services to Clients; create new public agencies to administer; operational powers; organization; methods. ............................... HB 100 Health Insurance Coverage; medical treatment of disorders.................... SB 293 Incapacitated Adults; documents served by Probate Court actions. ............ HB 71 Mentally 111 or Retarded Child; deprived children; custody orders........... SB 3 Nurses; psychiatric/mental health clinical specialists; evaluations............... SB 312 Persons Ineligible Purchase Firearms Based on GBI Background Check. ...... SB 12 Professional Counseling, Social Work or Family Therapy; licensing............. SB 137 Psychologists; define neuropsychology; diagnoses of brain disorders.............. SB 48 Psychologists; license exemption; state mental retardation facility. ........... HB 400 Rehabilitation Programs; contracts between agencies, state employees. ......... SB 159
MERCER, JOHNNY; declaring Johnny Mercer Day in April. ................. SR 341
MERIT SYSTEM Employees; reclassify certain positions in Insurance Department. .............. SB 339 Employees; sick leave; accrual; use of; excessive or abusive use. .............. HB 167 Employees; sick leave; utilization; affidavit of illness; reports. .................. SB 53 Employees; work force; formulation of multiyear downsizing plans. .............. SR 9 Unclassified Employees of Natural Resources Department; benefits............ HB 720
MERIWETHER COUNTY Board of Commissioners; election districts; reapportion; terms. ............... HB 917
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INDEX

2393

MERIWETHER COUNTY (Continued) Board of Education; election districts; reapportion........................... HB 916 Property Conveyance; City of Manchester; title to state-owned land............ SR 180

METROPOLITAN AREA PLANNING AND DEVELOPMENT (See Development Authorities or Authorities)

METTER, CITY OF; Metter-Candler County Charter Commission Act; enact............................................................... HB 910

MICHELS, MS STEPHANIE; sang National Anthem .................... Page 1092

MICHELS, STEPHANIE, MISS GEORGIA; recognizing. .............. SR 269

MIDDLETON, SENATOR GUY; excused ............................... Page 1069

MIDTOWN Neighborhood Day at State Capitol; proclaim. ................................ SR 20 One of Atlanta's Oldest Neighborhoods; commend. ........................... SR 294

MIGRANT AND SEASONAL FARM WORKERS ACCESS TO HEALTH CARE STUDY COMMITTEE.

SR 336

MILITARY AFFAIRS (Also See Veterans)

Congress; urge preserve ban on homosexuals serving in armed forces. .......... SR 195

Defense Conversion Strategies Study Committee; reduction impact............. SR 289

Employees' Retirement System; service credit; WW II military service.......... SB 255

Federal Military Bases; emergency telephone 911 service; charges. ............ HB 719

Georgia State Defense Force, Volunteer Emergency Services; commend. ........ SR 110

License Plates; special; disabled veterans; free plates, decals................... SB 242

License Plates; special; disabled veterans; qualifying procedures............... HB 585

License Plates; special; National Guard members; transfer fees.

.... HB 164

License Plates; special; Purple Heart veterans; waiver of fees. ................ HB 113

License Plates; special; retired military reservists. ............................ SB 357

License Plates; special; retired veterans of U.S. armed forces. ................. SB 367

National Guard; residents serving in other state; rights, privileges............. HB 428

State Defense Force; functions; emergency management operations............. SB 368

U.S. Military Base Closures; competing for Defense Finance Facility. ........... SB 30

U.S. Military Base Closures; realignment of facilities; bonds to finance

Defense Finance and Accounting Service site............................... HB 86

MILLEN, CITY OF; corporate limits; include highway rights-of-way. ....

HB 853

MILLER COUNTY; motor vehicle registration; designated periods; repeal. HB 614

MILLER, KARA, NATIONAL 4-H SCHOLARSHIP; commend.

SR 79

MINNIE G. BOSWELL MEMORIAL HOSPITAL, GREENE COUNTY; commend. ................................................................ SR 176

MINORITIES Limited-English Speaking Residents; prohibit discrimination. ................. SB 127 Minority Business Enterprise Development; redefine eligible persons. .......... SB 291 Racial or Ethnic Data; public documents; multiracial classification. ......... SB 149 State Contracts; disparity in participation; directing study of. ................. SR 146 State Contracts; minority business participation; bid opportunities. .......... SB 207 State Contracts; minority business participation; bids. ........................ SB 134

MINORS Actions for Wrongful Death of Parent; division of money recovered. ........... SB 173 Adoption by Stepparent; grandparents; actions for visitation rights............ HB 511 Adoption; special needs children; payments to licensed agencies. ............... SB 26

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2394

JOURNAL OF THE SENATE

MINORS (Continued) AFDC Recipients; participation in model basic health insurance plan. ......... SB 210 Bicycle Safety; protective headgear; secured seats for passengers. ................ SB 7 Child Abuse and Child Fatalities; prevention services; review panel. ........... SB 234 Child Abuse; sexual abuse; mandated reports; records inspection................. SB 1 Child Care; continue Georgia Child Care Council; appointed members. ...... SB 197 Child Custody; award of temporary custody; child support enforcement, employment records to state support registry. ............................. SB 269 Child Molestation; persons convicted; restrict granting of parole. ............... SR 99 Child Molestation; second or subsequent conviction; punishment.............. HB 130 Child-placing Agencies; duties; records check of foster care parents. .......... HB 168 Child Support; alimony support payments; grounds to revise, modify........... SB 277 Child Support; amounts recovered by DHR; payment of court costs. ....... SB 268 Child Support; arrearages; orders to withhold wages of parent. ............... HB 261 Child Support; enforcement; employment reports to state registry.............. SB 269 Children and Youth Services; contract homeparents; insurance. .............. HB 294 Children At Risk; protective services personnel; training; resources. ............ SR 313 Cigarettes, Tobacco Products; sales, free samples, vending machine sales; penalties for distribution to minors under age 18. ...................... SB 222 Deaths of Children; fatality review subcommittees; duties; records. .............. SB 1 Delinquent Children; probation condition; serve in boot camp program. ........ SB 150 Domestic Relations Actions Involving Children; seminar for parents............. SB 63 Driving Privileges Revoked; failure attend school or deficiencies. .............. SB 198 Driving Privileges; suspension; failure attend school, academic requirements; hardship waiver. ........................................................ SB 168 Education; academic Olympic Challenge; urge in public schools. ............... SR 189 Education; statewide goals, academic achievements by the year 2000. ........... SB 43 Education; year-round school schedule; committee to study..................... SR 39 Educational Programs; student assessment; disclosure of results. ............... SB 59 Estates; year's support; define term; child entitled to inherit. ................. SB 172 Family Court Division Within Each Superior Court; creation. ................. SB 376 Firearms Protection for Minors; loaded guns negligently stored resulting in accidental shootings; penalties. ........................................... SB 247 Firearms Protection for Minors; negligent storage of loaded guns. .............. SB 68 Firearms Protection for Minors; unsafe storage of loaded guns causing death or injury; penalties; statewide referendum. ................................ SB 360 Health Hazards of Lead-based Paint and Dust; committee to study. ........... SR 136 Health Hazards of Lead-based Paint and Lead Poisoning; study of. .......... HR 180 Hunting; licenses; hunter education certificate; adult supervision. ............. HB 597 Immunization of Children; urge DHR utilize certain federal funding. .......... SR 348 Juvenile Court and Child Abuse Records; access to school personnel. ....... HB 333 Juvenile Courts; supervision fees; use for mediation services. .................. SB 358 Juvenile Delinquent Child; detention, custody by probation officers. .......... HB 306 Juvenile Law Enforcement Records; disclosure to school personnel. ............ SB 122 Juvenile Offenders; delinquent children; apprehension; Children and Youth Services Department. ............................................ HB 299 Juvenile Offenders; escape from an institution or facility; police jurisdiction of employees investigating............................................... HB 296 Juvenile Proceedings; deprived children; placement, custody changes. ............ SB 3 Juveniles Committing Certain Crimes; courts notify school officials............. SB 132 Medical Records; pharmacist-patient privileged information; evidence. ........ HB 510 Medical Records; pharmacists-patient privileged information. ................. SB 154 Obscene Materials; computer-generated; penalty to furnish to minors.......... HB 138 Paternity; actions to establish; evidence; genetic test results. .................. SB 148
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INDEX

2395

MINORS (Continued) Paternity Proceeding; parentage-determination genetic testing. ................ HB 90 Probate Court Actions; serving documents; person's legal guardian. ............ HB 71 Public Assistance; eligibility; teenagers; school attendance required.............. SB 66 Reward Payments; furnishing information leading to drug convictions. ......... SB 237 School Attendance; mandatory to age 18 years; applicable school year. .......... SB 72 School Health Programs; health assessments and screenings; purpose............ SB 46 Seat Safety Belts; child passengers under age 16; requirements. ................. SB 6 Seat Safety Belts; passenger vehicles; offense of failure to secure................ HB 4 Sex Education, AIDS Prevention Instruction; requirement, restriction. ....... SB 246 Sex Education and AIDS Prevention Course Materials; parental rights. ........ SB 274 Sex Education and AIDS Prevention Instruction in Public Schools.............. SB 37 Sex Education; divided classes; curriculum; parental review, consent. .......... SB 292 Sexual Abuse; redefined; duties of investigative agencies. ....................... SB 1 Student Athletes; athlete agents; registration requirements. .................. HB 462 Student Athletic Teams; voluntary service of doctors; tort immunity. ......... HB 252 Students Enrolled Postsecondary Institutions for Secondary Credit. ........... SB 369 Telephone Conversations of a Minor; consent to wiretap or record. ............ HB 47 Unmarried Mothers; welfare assistance requirements; disqualification............ SB 26

MITCHELL-BAKER HIGH SCHOOL CHEERLEADERS; commend. ....... SR 57

MITCHELL-BAKER HIGH SCHOOL FOOTBALL TEAM; commend.

SR 13

MITCHELL COUNTY Baconton, City of; mayor and councilmembers; time of election, taking of office, terms. ........................................................ HB 289 Board of Commissioners; election districts; reapportion. ..................... HB 364 Board of Education; election districts; change composition. .................. HB 365

MITCHELL, WALTER, RETIRED CHATHAM COUNTY SHERIFF; commend. ......................................................... SR 125

MIXON, JOHN W.; introduced, remarks .................................. Page 587

MOBILE HOMES (Also See Buildings and Housing) Vehicle Certificate of Title Laws; exclusion; tax as real property. ............. HB 164

MONROE, CITY OF; mayor and councilmembers; new election districts. ... HB 1028

MONROE COUNTY Board of Commissioners; election districts; reapportion. ..................... HB 697 Board of Education; reconstitute districts; elections, terms. .................. HB 687

MONTEZUMA, CITY OF; Property Conveyance; deed surplus DHR property for industrial park........................................................ HR 123

MOORE, PERRY, DR.; commend..................... SR 335

MORELAND, TOWN OF; mayor, alderman; two-year terms of office. ....... HB 411

MORGAN COUNTY Board of Commissioners; election districts; reapportion. ..................... HB 156 Board of Education; election districts; reapportion........................... HB 155

MORGAN FALLS DAM; power boat, skis, aquaplane, surfboard; restrict use. SB 16

MORRIS BROWN COLLEGE DAY AT STATE CAPITOL; declaring.

SR 168

MORROW, CITY OF Ad valorem taxes; homestead exemption; referendum. ........................ SB 217 50th Anniversary events; recognizing. ....................................... SR 263

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2396

JOURNAL OF THE SENATE

MORROW HIGH SCHOOL LADY MUSTANGS; commend. ............... SR 345
MORTGAGES (Also See Property) Lenders, Brokers of Residential Property; licensure; regulations............... HB 237 Loans or Advance of Money; interest, fees; maximum rate allowed. ............ SB 313 Loans; residential mortgage lenders; licensees; prohibited actions............... SB 106 Loans Secured by Residential Property; interest rate, fees; regulate. ........... SB 105 Property; deeds to secure debt; notice of listing as hazardous site. .......... SB 294
MOTOR FUEL AND ROAD TAX Dealers Compensation for Collecting Taxes; reimbursement deduction. ........ HB 472 Excise Taxes; sales of compressed natural gas; measure by gallon. .... SB 141 Fuel Terminal Operators; documentation; imports; exports; storage. ..... HB 630 Licensing, Fuel Tax Registration; DOT enforcement officers; powers........... HB 145 Motor Fuel; compressed natural gas; measurement; excise taxes............... HB 928 Office of Treasury and Fiscal Services; creation; powers, duties. ............... SB 162
MOTOR VEHICLE RACETRACKS; licensing agency; Safety Fire Commissioner. ........................................................... HB 213
MOTOR VEHICLES AND TRAFFIC Abandoned; derelict vehicles left unattended; removal procedures. ............. SB 340 Abandoned, Unattended, Distressed Vehicles; removal from public roads. ....... SB 92 Abandoned Vehicles; removal, storage fees; lien foreclosure; affidavit filing fee.................................................. HB 321 Ad Valorem; county of return of motor vehicles; redefine domicile. ......... HB 229 Ad Valorem; taxation of heavy-duty construction equipment vehicles.......... HB 547 Alcoholic Beverages; open containers; possession by passengers. ............... SB 128 Ambulances; exclusion as to motor common carrier defined in Title 46. ....... HB 242 Ambulances; exclusion to motor common carrier regulations, Title 46. ........ HB 391 Antique, Hobby, Special Interest Vehicles; operation on public roads; special license plates; ad valorem tax based on $100. valuation.............. HB 520 Automobile Repair Shops; commission to study certification, licensing. ......... SR 93 Bicycle Safety; helmets; passengers under age 4, secured seats. .................. SB 7 Buses, Vans; passenger vehicles; revise definition. ....................... SB 80 Carjacking; offenses involving theft; criminal penalties. ....................... SB 288 Certificate of Title; cancellation; derelict vehicles. ........................... HB 447 Certificate of Title Laws; vehicles, mobile homes; code revision. .............. HB 164 Code Revision; Title 40; correct errors and omissions. ....................... HB 145 Driver Improvement Clinics; referrals or ownership; restrictions on private companies providing probation services. .................................. HB 508 Driver Training; premium discounts for drivers under age 25. ................ HB 648 Driver Training Schools; in-car trainees, eyesight tests, license exemption; equipment required on cars; reports. ...................................... SB 245 Driver Training Schools; instructor licenses valid for two years. .............. HB 476 Driver's License; commercial; restricted licenses; seasonal agricultural employees. ....................................... HB 759 Driver's License; commercial vehicles; operating without a license. .............. SB 52 Driver's License; minors; revocation; failure attend school or academic deficiencies. ............................................ SB 198 Driver's License; minors; suspension; failure attend school or job training program. ............................................................... SB 168 Driver's License; offices of examiners; voter registration places................. SB 131 Driver's License; replacement; name, address change; fees. ................... HB 704 Driver's License; revocation; DUI offenders; reinstate conditions. .............. SB 307 Driver's License; revocation; persons deemed incompetent; hearings. ........... HB 22
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INDEX

2397

MOTOR VEHICLES AND TRAFFIC (Continued) Driver's License; suspension; first DUI violation; time period. ................. SB 27 Driver's License; suspension; mandatory; certain habitual violators. ............ SB 123 Driver's License; suspension; mandatory; DUI offenders; habitual violators; reinstatement conditions; implied consent.................................. HB 24 Driver's License; suspension; retention by Public Safety Department. ........ HB 227 DUI Alcohol or Drugs; probation condition; ignition interlock device. ........... SB 28 DUI; chemical test for blood alcohol; results; license suspension. .............. SB 163 DUI; driver improvement clinics; alcohol or drug use reduction programs; use of courthouse space. ................................................. SB 109 DUI Offenders; license reinstatement; drug use reduction program. ............ SB 307 DUI Offenders; mandatory license suspension; reinstatement conditions. ....... HB 24 DUI; third or subsequent conviction; publish name in newspaper. ............. SB 119 DUI Violations; surcharges; superior court; victim compensation. .............. SB 156 Equipment; amber marker reflectors; pulpwood and pole trailers.............. HB 391 Equipment; child passenger restraining devices, seat belts. ..................... SB 6 Equipment; school buses; tires; change tread requirements. .................. HB 214 Equipment; seat safety belts; failure to secure on a minor; penalty.............. HB 4 Equipment; side marker reflectors; pulpwood trailers, pole trailers. ........... HB 242 Equipment; truck tractors carrying forest products; flags, lights. ............. HB 660 Georgia Motor Vehicle Franchise Practices Act; enact........................ HB 454 Glass Replacement Businesses; provide insured certain information. ............ SB 47 Handicapped Parking; violations; change penalty fines. ....................... HB 94 High Occupancy Vehicles (HOVs); designated travel lanes; violations............ SB 90 Highways; restricted travel lanes; vehicles not authorized to operate............. SB 90 Highways; toll charges; violations; nonpayment, evasion; penalties............... SB 91 Highways; vehicle weight requirements; repositioning of the load................ SB 38 Insurance; accident claims; insurers failure to pay benefits. .................... SB 56 Insurance; accidents; subrogation for medical benefits; prohibitions.............. SB 84 Insurance; failure to maintain proof of; restricted driving permit............... HB 21 Insurance; liability; raise minimum amount required. .......................... SB 34 Insurance; motor vehicle; premium discounts for drivers. .................... HB 648 Insurers; claims; prohibit require use certain repair facility. .................... SB 47 Insurers; first party medical benefits not subrogated. ......................... SB 187 Insurers; premium surcharge restrictions; official vehicles of emergency medical technicians, firefighters. .......................................... HB 69 License Plates; revalidation decals not affixed; change penalties................ HB 34 License Plates; special; amateur radio operators; fees. ....................... HB 292 License Plates; special; commemorative 1996 Olympic design. ................ HB 320 License Plates; special; disabled veterans; qualifying procedures............... HB 585 License Plates; special; disabled war veterans; free plates, decals............... SB 242 License Plates; special; issuance; retired military reservists. ................ SB 357 License Plates; special; motor vehicle distributors; fees....................... HB 116 License Plates; special or distinctive; repeal additional fees.................... SB 138 License Plates; special; Purple Heart veterans; waiver of fees. ................ HB 113 License Plates; special; retired veterans of U.S. armed forces. ................. SB 367 License Plates; special; revocation; personal check returned................... HB 320 Licensing, Registration Fees; Office of Treasury and Fiscal Services. ........... SB 162 Limousine Carriers; registration; equipment; insurance; permits. ............... SB 317 Motor Fuel and Road Tax; licensing, registration; DOT enforcement officers; powers......................................................... HB 145 Public Roads; activities causing damage, traffic management; reimbursement for costs to Department of Transportation. ............................... HB 302 Pulpwood Trailers and Pole Trailers; side marker reflectors required. ......... HB 242
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2398

JOURNAL OF THE SENATE

MOTOR VEHICLES AND TRAFFIC (Continued) Radar Speed Detection; use of devices on hills; admissible evidence. ........... SB 116 Registration, Licensing; apply concurrently for title certificate. ............... HB 164 Ride-sharing; commuters; state employees; car-pools, flex-time plans. .......... SB 124 Ride-sharing Programs; establishment and operation of. ....................... SB 93 Salvage Vehicles; damaged, stolen; certificate of title revisions. ............... HB 164 School Bus Drivers; random drug testing. ................................... SB 107 School Buses; tires; change tread requirements. ............................. HB 214 Seat Safety Belts; child passengers under age 16; requirements. ................. SB 6 Seat Safety Belts; offense of failure to secure minor passengers. .............. HB 4 Staggered Registration Periods; Emanuel County. ........................... HB 730 Stolen Vehicles; notification of recovery; reports by law enforcement agencies. .............................................................. HB 172 Truck Tractors; allowable load length of unprocessed forest products; measurement; warning flags; amber lights................................. HB 660 Trucks; excess dimension permit; premanufactured building materials. ......... SB 238 Van Pools; exclusion; motor common carrier regulations in Title 46. .......... HB 391 Vehicle Racetracks; operators; licensing; Safety Fire Commissioner. ........... HB 213 Vehicles Purchased Through Casual Sale; sales tax due; collection by county tag agents. ..................................................... HB 784 Wrecker Services; contracts; removal of improperly parked cars; eligibility; disposition of derelict vehicles; procedures. ............................... HB 447
MOTOR VOTER BILL; voter registration; PSD license examiner offices....... SB 131
MOTORCYCLE AWARENESS AND YOUTH MONTH; recognizing. ........ SR 24
MOTORIZED WHEELCHAIR WARRANTY ACT; enact.................... SB 11
MULLINAX, MILDRED; commend. ..................................... SR 51
MULTIMODAL TRANSPORTATION TERMINAL; Proposed Atlanta Site; terminate certain state property lease agreement. ....................... SR 119
MUNICIPALITIES (Also See Local Government) Ad Valorem; enterprise zones; different tax treatment upon approval........... SR 206 Ad Valorem; enterprise zones; exempt property located within. ................ SB 166 Ad Valorem; tax sharing; joint county regional industrial parks. ............... SR 203 Alcoholic Beverages; sales on Sundays until 2:55 A.M......................... SB 314 Audits of Financial Affairs; requirement; change expenditure level. ........... HB 137 Business, Occupation Taxes, Regulatory Fees; comprehensive revision. ........ HB 362 Consolidation Grant Funds; local government efficiency assessments............ HB 83 Consolidation of Governments Upon Referendum Approval..................... HB 2 Contracts; certain wrecker services ineligible. ............................... HB 447 Contracts with Sheriffs for Police Services Within Corporate Limits........... HB 936 Costs of New Programs or Services Imposed by State; limitations.............. SR 148 Elections; absentee ballots; counting, tabulation; challenged ballots............. SB 35 Elections; candidates; qualifications; notices; withdrawn candidates............ HB 297 Elections; eligibility of registrars, deputy registrars; registration card form; purging lists; absentee ballot applications. ................................ HB 295 Elections; nonpartisan offices; eliminate straight party voting. ................. SB 283 Elections; special; vacancies in public office; interim appointees. .............. HB 304 Elections; voting; handicapped access; absentee ballots; poll officials; poll places; voter lists; school registrars. ...................................... HB 297 Historical Townships Designation; communities created before 1900. ....... HB 84 Impact Fees; building permits; exempt local boards of education.............. HB 255 Inactive Municipalities; termination of charter for failure to meet minimum standards; dissolution of assets. .......................................... HB 84
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INDEX

2399

MUNICIPALITIES (Continued) Insurance; cancellation; temporary coverage; emergency measures. ............ HB 568 Local Option Sales Tax on Public Accommodations for Aviation Museums..... HB 346 Municipal Courts; certain personnel; lawful possession of firearms............. HB 490 Municipal Courts; judges; attorneys serving part-time......................... SB 120 Powers; federal grant programs; loans; intergovernmental contracts............ HB 728 Property to be Acquired Through Exchange; appraisals; notices............... HB 755 Public Works; contractors; Notice of Commencement requirements; actions on breached payment bonds or security deposits. ......................... HB 543 Regional Development Centers; boards; appointed officials; powers. ........... HB 753 Vehicle Ignition Interlock Devices; installation facilities; fees. ................. SB 28 Workers' Compensation; ineligible employees; persons sentenced work release or community service. ................................................... SB 273 Zoning Ordinances; procedures for adopting; boundaries; hearings. ............ HB 810
MURDER Crimes Committed by a Juvenile; courts notify school officials. ................ SB 132 Family Violence, Child Abuse Victims; self-defense pleas; evidence............... SB 3 Homicide; suicide assisted deaths; prohibited acts; felony penalty. ............ HB 415
MURRAY COUNTY; Superior Court; Conasauga Circuit; fourth judgeship. ... SB 261
MURRAY COUNTY HIGH SCHOOL WRESTLING TEAM; recognizing. ... SR 239
MUSCOGEE COUNTY Board of Education; elections; terms; meetings; certain tax purpose. .......... HB 911 Columbus-Muscogee County Government; salary supplements. .............. HB 1002 Columbus-Muscogee County Consolidated Government; creation. ............. HB 634 Coroner; change compensation. ........................................... HB 1001 Designate; Freeman V. Horner Medal of Honor Highway on S.R. 219. ....... SR 234 Sheriff; change salary. ................................................... HB 1003
MUSEUMS Archival Records of Historical Value; certain access restrictions............... HB 254 Aviation Museums; local option sales tax on public accommodations. ......... HB 346
MUSGROVE, DOWNING, STATE TRANSPORTATION BOARD; appreciation to............................................................ SR 256
MUSIC INDUSTRY Jazz; designate as official state music during month of February. .............. SR 143 Music Industry Committee and Citizen's Advisory Council. ................... SR 117 Official State Musical Theatre; Jekyll Island Musical Festival. .......... SB 371
NANCE, ERIN NICOLE, MISS GEORGIA USA; congratulating. .......... SR 287
NATIONAL FEDERATION OF INDEPENDENT BUSINESS; honoring. ....................................................... SR 340
NATIONAL GUARD Armories; facility space for State Defense Force. ............................. SB 368 License Plates; special; retired reservists..................................... SB 357 License Plates; special; transfer of vehicle ownership; fees. ................... HB 164 Residents Who Are Personnel in Other State; applicable provisions, .......... HB 428
NATURAL RESOURCES AND CONSERVATION (Also See Game and Fish or Environmental Protection) Asbestos Safety; persons employed by contractors; required training. ....... SB 135 Bears; permission for killing; property damage; protection by owners. ......... HB 112
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2400

JOURNAL OF THE SENATE

NATURAL RESOURCES AND CONSERVATION (Continued) Bears; petitions for removal from private property; procedures................. SB 306 Board of Natural Resources; members; N. Georgia Mountains Authority....... HB 651 Boats; registration numbers; decal placement on vessel......................... SB 16 Chattahoochee River; power boat restrictions; designate no ski areas. ......... SB 16 Code Revision; Title 12; correct errors and omissions. ....................... HB 145 Conservation Rangers; retirement at age 55; conditions. ..................... HB 750 Department; easement to City of Tybee Island; beach renourishment........... SR 121 Department; functions of Office of Treasury and Fiscal Services. ............. SB 162 Department; grants to counties providing services on state property............ SB 202 Department; hourly paid employees; insurance, sick leave. ................... HB 720 Department; operation of High Falls Lake docks permitting program.......... HB 195 Department; Yuchi Wildlife Management Area; power line easement. ......... SR 122 Environmental Protection Division; duties; public hearings prior to permitting certain polluting facilities. ..................................... SB 262 Foresters; professional; registration; qualifications; reciprocity.................. SB 117 Game and Fish; rangers, retention of weapon, badge; removal of bears. ...... SB 306 Georgia Music Hall of Fame Authority; members; expenses and travel......... HB 885 Hazardous Site Inventory; location of disposal or release; public filing; deed notation; waste facility permits; management fees. ................... SB 294 Historic Chattahoochee Commission; interstate compact; members. ............ SB 191 Historic Preservation Officer; membership; state capitol commission............ SB 225 Historic Resource Inventory; civil war sites heritage plan....................... SR 21 Hunting, Fishing; disabled persons; honorary licenses; legal weapons. .......... SB 243 Hunting; licenses; persons ages 12 through 25; safety education certification; adult supervision for minors............................................. HB 597 Jekyll Island-State Park Authority; additional member; leases. ................ SB 337 Jekyll Island-State Park Authority; lease; fiscal agency functions.............. SB 162 Jekyll Island-State Park Authority; powers; limit fee increases................. SB 147 Jekyll Island-State Park Authority; 65% land area to be maintained in undeveloped and natural state........................................... SB 336 Lakes; marine toilet restrictions; federal Act shall control; applicable to Lake Blue Ridge. ...................................................... HB 528 Lakes; state owned; High Falls Lake docks permitting program. .............. HB 195 Land-disturbing Activities; regulatory compliance yet damages caused. ........ HB 566 Pollution Prevention Assistance Division of DNR; established. ................ SB 200 Rangers; 25 years of service; entitled to retain weapon, badge. ................ SB 306 River Bottoms in Chatham County; owners of structures on; easements. ....... SR 127 Saltwater Fishing or Shellfishing; management programs; license fees........... SB 272 Solid Waste; biomedical; restrict additional disposal facilities. ................. SB 381 Solid Waste; disposal facilities; standards; vertical expansion, modifications; disposal restrictions; handling permits; fees. .............................. HB 257 Solid Waste; landfills; disposal restrictions; yard trimmings................... SB 289 State Authorities; parks, recreational projects; use of private sector; jurisdiction of Upper Savannah River Development Authority. ........................ HB 941 State Forestry Commission; volunteer service program; operation of. ............ SB 51 Waste; discarded materials or substances; illegal dumping; penalties............ SB 275 Water Pollution Control; sewage treatment; adding sewer connections. .......... SB 19 Water Pollution; soil erosion, sedimentation control; study of.................. SR 252 Water Resources; waste-water; sludge disposal sites; regulate. ................. SB 276 Water Supply; ground water use; community economic impact analyses. ........ SB 10 Wildlife Protection and Issues of Property Damage, Personal Injury. .......... SR 259
NEIMEIER; Coach at School for the Deaf; introduced, remarks.............. Page 558
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INDEX

2401

NELSON, CITY OF; reincorporation; council at-large elections; special meetings; municipal court penalties. ...................................... HB 1051

NEWNAN, CITY OF; cable television functions; public powers. ......... SB 297

NEWS MEDIA Advertising Merchandise or Services for Sale; type size of disclaimer. ........ HB 76 Magazines, Newspapers; independent contractors, distributors; exclusion, unemployment or workers' compensation. ................................ HB 678 Media Ethics and Error Review Panel to Hear Grievances; urge. .............. SR 369 Public Opinion Polling; election poll places; activity restrictions. ............. HB 125

NEWTON COUNTY Board of Commissioners; election districts; composition; terms................ HB 859 Board of Education; election districts; change composition; terms. ............ HB 856

NEWTON, ROBERT L.; recognizing. .................................. SR 254

NONPROFIT ORGANIZATIONS (Also See Commerce and Trade or Corporations) Bingo; nonprofit recreational games; requirements; regulation. .................. SB 24 Bingo; recreational games offering non-cash prizes; operation of............... HB 174 Charitable Solicitations, Fund Raising; limited liability companies. ........... HB 264 Educational Organizations; self-insured plans; licensing exception. .............. SB 17 Fraternal Benefit Societies; organization; governance; revisions................ HB 383 Georgia Charitable Solicitations Act; exemption; certain charities. ............ HB 379 Holding of Raffles Shall Be Lawful; amend Constitution. ................ SR 107 School Organizations; charitable casino gambling; license to operate. ........... SB 140 Teachers Retirement; benefit payments; deduction for membership dues........ HB 38

NORCROSS, CITY OF City Council; terms, qualifications; elections, time for holding. ............... HB 950 Corporate Limits; include certain described right-of-way. .................... HB 948

NORRIS, MR. AND MRS. ZELLNER DAVID, WEDDING ANNIVERSARY; congratulate. ........................................ SR 255

NORTH FULTON COUNCIL OF PTAS; commend.

SR 186

NORTH FULTON EDUCATION 2000; commend.

SR 274

NORTH GEORGIA MOUNTAINS AUTHORITY Powers; members of Board of Natural Resources; promote privatization of state facilities; lease of state land; alcoholic beverage sales. ................ HB 651 Projects of Certain Magnitude; evaluate use of private firms.................. HB 941

NORTH GEORGIA TECHNICAL INSTITUTE AT CLARKSVILLE; recognize. ................................................................ SR 167

NORTH HIGHLANDS LAKE; restrict operation of houseboats. ............ HB 695

NORTON, FLOYD L.; rename bridge on U.S. 1 for; Jefferson County. ........ HR 119

NUDITY OR OTHER SEXUAL CONDUCT; amend Constitution to restrict or regulate. ....................................................... SR 187

NUNN, SAM; U.S. Senator; introduced, remarks ........................... Page 263

NURSE OF THE DAY; Alice Kaufmann serve for session ............... Page 18

NURSES Georgia Community Health Nursing Coalition; recognizing. ................... SR 367

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2402

JOURNAL OF THE SENATE

NURSES (Continued) Practical Nurses; license to practice; qualifications; applications; exams; license by endorsement; temporary permits. ................................ SB 25 Psychiatric/Mental Health Clinical Specialists; patient evaluation. ............ SB 312 Public Health Nurse Day in Georgia; commend; designate..................... SR 277 Surgery and Other Invasive Procedures; repeal certain limitations.............. SB 15

NURSING AND PERSONAL CARE HOMES Alternative Rural Community Hospitals; licensing; medicare approval. ......... SB 334 Home Health Care Services; unlicensed; deceptive advertising. ............... HB 335 Long-term Care Expense; special individual medical accounts................ SB 161 Nursing Facilities; sanctions; contested cases; hearing officers. ................ HB 322 Patient's Medical Records; charges for copying; cap on fees. .................. SB 318 Personal Care Homes; licensing; redefine scope of personal services. .......... HB 340 Personal Care Homes; restrictions on limiting mobility of residents. ........... SB 169

OBSERVANCE OF 4-H DAY AT STATE CAPITOL.

SR 74

OCMULGEE RIVER; construction of check dams; study of. .................. SR 19

OCONEE JUDICIAL CIRCUIT; superior court; judges; salary supplement. .. HB 876

OCONEE RIVER; construction of check dams; study of....................... SR 19

OFFENDER REHABILITATION (See Corrections)

OFFICE OF PLANNING AND BUDGET Council for School Performance; creation; administrative attachment. ........... SB 73 Duties; Budget Accountability and Planning Act of 1993; enact. ........... SB 335 Duties; continuation budget report for legislative committees. ................. SB 188 Duties; develop multiyear phased-in plan to downsize government. .............. SR 9 Employees; unclassified service positions; policy coordinators. .................. SB 29 Governor's Development Council; administrative attachment; members. ........ SB 29 Office of Privatization; support staff for review commission.................... SB 260 Privatization; projects of certain authorities; feasibility reports. ............ HB 941 State Agencies; budgets; cost benefit analysis; reviews; reports. ................. SB 86 State Agencies; budgets; filing estimate; property transactions. ................ SB 8 State Agencies; budgets; 5-year strategic plans; Agency Review Act. ............. SB 5 State Auditor; nomination and election held by General Assembly. .......... HR 427

OFFICE OF TREASURY AND FISCAL SERVICES; creation; powers, duties, organization; director; functions. ..................................... SB 162

OFFICIAL CODE OF GEORGIA (See Code of Georgia)

OGLETHORPE COUNTY; board of commissioners; vice-chair; meetings;

quorum.

............................................... HB 840

OLDER WORKER TASK FORCE; retraining, reemployment issues; study of. ........................................................ SR 131

OLIVER, SENATOR MARY MARGARET; serve as Education Committee Chair .................................................................. Page 853

OLMSTEAD, TOMMY; Macon Mayor; introduced, remarks ................ Page 655

OLYMPIC GAMES, XXVI SUMMER OLYMPIAD, 1996 Academic Olympic Challenge; urge in public schools. ......................... SR 189 Atlanta Paralympics Organizing Committee; recognizing....................... SR 174 Coastal Area Games Authority; create; hosts for sailing competition. ........... SB 145 Cobb County; endorse bid; Olympic Women's Fast-pitch Softball Event. ...... SR 191 Licensing Agreements; use of 1996 Olympic logo for vehicle tags. ............ HB 320

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INDEX

2403

OLYMPIC GAMES, XXVI SUMMER OLYMPIAD, 1996 (Continued) Organizing Committees; urge use green horticultural industry................... SR 11
OMAHA, CITY OF; new charter; incorporation, boundaries, powers. ......... HB 1039
ONASSIS, PIERRE; commend. ....................................... SR 265
OPEN BOTTLE BILL; prohibit front seat passenger possess alcohol beverage............................................................. SB 128
OPEN MEETINGS, RECORDS Counties; called meetings; additional notices; posting; media.................. HB 600 Governing Bodies; open meetings; repeal criminal penalty provision. ... HB 903 Parties Involved With State Property Purchases, Leases; disclosure. ............. SB 8 Product Liability Cases; Sunshine in Litigation Study Committee.............. SR 292 Public Institutions; restriction on access; certain archival records. ............ HB 254 Public Records; inspection; agencies not required prepare records not in existence at time of request. ............................................ HB 246 Public Records; inspection; inmate records of county jails. ................... HB 30 Records; disclosure exclusion; research collected by higher education institutions or government agencies. ................................................ HB 522 Records; exempt disclose commercial plans; hospital authorities............... HB 689 Records of Prefiled Bills, Resolutions, Committee Assignments. .............. HB 170 Records of Prefiled Proposed Bills, Resolutions and Assignments. ............. SB 203 State Board of Pardons and Paroles; voting records; inspection. ................ SB 64
OPTOMETRISTS; Visual Care; administering topical or oral pharmaceuticals. .......................................................... SB 199
ORGAN DONORS (Also See Anatomical Gifts or Health)
PAPER; recycled products; purchasing, use by state agencies; compliance. ......... SB 9
PARAMEDICS (See Emergency Medical Services)
PARDONS AND PAROLES Inmates; persons charged stalking crimes; custody release conditions. ........... SB 13 Persons Ineligible any Form of Parole; sentence imposed for felony murder of imprisonment for life without parole. ..................................... HB 485 Sentences Imposed Without Jury; 12 or more years imprisonment; review. ..... HB 79 State Board; restrict powers to commute sentences, grant parole. ............... SR 99 State Board; voting records subject to public inspection........................ SB 64
PARENT AND CHILD (Also See Domestic Relations or Minors) Child Custody; award of temporary custody pending final judgment............ SB 269 Domestic Relations Actions Involving Children; seminar for parents. ............ SB 63 Estates; year's support; define term; child entitled to inherit. ................. SB 172 Firearms Protection for Minors; loaded guns negligently stored resulting in accidental shooting; criminal penalties. ................................. SB 247 Firearms Protection for Minors; negligent storage of loaded guns. .............. SB 68 Firearms Protection for Minors; unsafe storage of loaded guns; penalties; statewide referendum. ................................................... SB 360 Paternity Cases; evidence; parentage-determination genetic testing. ............ HB 90 Sex Education, AIDS Prevention Course materials; parental rights. ............ SB 274 Sex Education; public schools; course materials; parent access. ................. SB 37 Sex Education; public schools; curriculum; review and consent................. SB 292 Sex Education; public schools; parental permission. .......................... SB 246
PARENT-TEACHER ASSOCIATION (PTA), OF GEORGIA; commend. SR 22
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2404

JOURNAL OF THE SENATE

PARKING LOTS, GARAGES AND SPACES; handicapped parking violations; fines. .......................................................... HB 94

PARKS AND RECREATION Jekyll Island-State Park Authority; additional member; leases. ................ SB 337 Jekyll Island-State Park Authority; restrictions; certain land area. ............. SB 336 Jekyll Island-State Park Authority; services; limit fee increases. ............... SB 147 Privatization of Recreational, Resort Operations; committee to study............ SR 66 State Authorities; use of private sector for projects; evaluations............... HB 941 State Owned Lakes; High Falls Lake; boat dock permitting program. ........ HB 195

PARRIS, JASON, NATIONAL 4-H SCHOLARSHIP; commend.

SR 80

PARRISH, SENATOR JOHN Excused, business in district ............................................ Page 1072 Statement on morning roll call........................................... Page 292

PATERNITY Actions; evidence; genetic tests results; child support cases. ................... SB 148 Parentage-determination Genetic Testing; evidence; paternity cases. ........... HB 90 Seminar for Parents Where Interests of Children are Involved.................. SB 63

PATIENT SELF-REFERRAL ACT OF 1993; enact.

HB 920

PATIENTS (Also See Medical Practice) Health Care; provider referrals; Patient Self-Referral Act; enact. ............. HB 920 Health Care; referral practices; conflicts of interest. .......................... SB 236 Health Care; referrals; physicians; financial interest restrictions. ............. SB 281 Medical Records; pharmacist-patient privileged information; evidence. ....... HB 510 Medical Records; pharmacist-patient privileged information. .................. SB 154

PAUL, REBECCA; Lottery Commission Director; introduced, remarks ...... Page 593

PAULDING COUNTY Civil Service Board; duties, functions; clerical assistance; recommendations by governing authority; appeals. ........................................ HB 1054 Designate; Judge W. A. Foster, Jr. Bridge over U.S. 278. ................. SR 68

PEACE OFFICERS (Also See Law Enforcement) Additional Funds for Crime, Traffic Incidents Related to Alcohol Use. ......... SB 228 Arresting Officer; injury, contact exposure to infectious diseases. ............. HB 162 Arresting Officer; suspected DUI violations; chemical tests; results. ........... SB 163 Complaints Against Officers; procedural criteria; officers' rights. .............. HB 397 Conservation Rangers; retention of weapon, badge after 25 years............... SB 306 Counties Over 400,000; prison security personnel; deputy sheriffs. ............ SB 239 County Correctional Institutions; deputy wardens; appointment............... HB 353 County, Municipal Officers; transporting arrested persons, prisoners. .......... HB 107 Employees of Children and Youth Services Department; authority. ........... HB 296 Employees of Children and Youth Services Department; authority. ........... HB 299 Family Violence Protective Orders; effective statewide; enforcement. .......... HB 680 Law Enforcement Chief Executive Training; increase requirements............. SB 279 Radar Speed Detection; use of devices on hills; admissible evidence. .......... SB 116 Registered Peace Officers; qualifications for office of sheriff................... HB 205 Training Fund Act; state and locally employed officers; remittance of funds; percentage of disbursement........................................... SB 65 Training Fund; distribution of surcharges in superior court cases. ............. SB 156

PEACE OFFICERS ANNUITY AND BENEFIT FUND Benefits; postretirement adjustment. ....................................... HB 497 Creditable Service; disallowed; Firemen's Pension Fund members. .............. SB 83

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2405

PEACE OFFICERS ANNUITY AND BENEFIT FUND (Continued) Membership; repeal physical exams and certain disability benefits. ........... HB 496 Payments from Fines, Forfeitures in Superior Court Cases. ................... SB 156

PEACH COUNTY HIGH SCHOOL FOOTBALL TEAM; commend. ........ SR 316

PEACH FESTIVAL; Peach County officials introduced ..................... Page 769

PEACHTREE CITY; corporate limits; deannex, exclude certain property. .... HB 868

PENAL INSTITUTIONS (See Corrections)

PERRY, CITY OF; Houston County Board of Commissioners; monthly meeting. ........................................................ HB 756

PERSONAL CARE HOMES (Also See Health, Day Care, Nursing Homes, or Health Facilities) Licensing; define personal services; scope of services. ........................ HB 340 Restrictions Upon Restraint, Isolation of Residents; sanctions. ................ SB 169

PEST CONTROL BUSINESSES; local tax levies; prohibitions. ............. HB 362

PETROLEUM PRODUCTS (See Gasoline)

PHARMACISTS, PHARMACIES Anti-Cancer Drugs; certain types; conditions for insurance coverage. .......... HB 741 Anti-Cancer Drugs; definitions; insurance coverage; conditions. ................ SB 326 Dispensing Dangerous Drugs to Emergency Medical Services Providers. ........ SB 241 Patient Counseling; repeal rule Chapter 480-31 of state board. ............... SB 332 Pharmacists; privileged patient information; disclosure; exceptions. ............ SB 154 Pharmacists; privileged patient medical information; evidence. ............... HB 510 Topical or Oral Pharmaceuticals; use by doctors of optometry. ................ SB 199

PHARR ELEMENTARY CHORUS FROM SNELLVILLE; commend.

SR 185

PHYSICIANS (See Medical Practice or Professions or Health)

PICKENS COUNTY; Board of Commissioners; leave of office; restrict certain actions; access to new commissioner................................. HB 944

PIEDMONT JUDICIAL CIRCUIT; superior court term; Jackson, Barrow County..................................................... HB 792

PIERCE COUNTY; Farmer of Year, Jackie Sinclair and Citizen of Year, Dr. Don Walters; commend. ............................................ SR 220

PIKE COUNTY; Arts Facility Authority; creation. .......................... HB 985

PILCHER, ED; Thomas High football coach; introduced, remarks ........... Page 406

PINCKNEYVILLE MIDDLE SCHOOL; commend.

SR 56

PINKSTON, FRANK C.; elected to State Transportation Board ............. Page 38

PISTOLS (Also See Firearms and Weapons or Guns)

PLANNING COMMISSIONS (See Authorities or Development Authorities)

PLANTERS ELECTRIC MEMBERSHIP CORPORATION; easement through Yuchi Wildlife Management Area for power lines..................... SR 122

PLUNKETT, DR. LAMAR RICH; congratulating. .................... SR 342

PODIATRISTS; Licensure; applications for examination. .................... HB 408

POITEVINT, ALEC, GEORGIA REPUBLICAN PARTY; commend.

SR 298

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2406

JOURNAL OF THE SENATE

POLICE OFFICERS (Also See Law Enforcement Officers and Agencies) Arresting Officer; injury, contact exposure to infectious diseases. ............. HB 162 Law Enforcement Chief Executive Training; increase requirements............ SB 279 Recovery of Stolen Vehicles or Plates; notification reports.................... HB 172
POLLUTION CONTROL Air; ozone nonattainment; highway congestion; commuter programs. ........... SR 211 Hazardous Waste, Water Pollution; public hearings prior to issuing permit for a facility. ..................................................... SB 262 Highways; commuters; state employees; car-pools, flex-time plans. ............ SB 124 Highways; ride-sharing programs; establishment; financial support. ............. SB 93 Pollution Prevention Assistance; new division of DNR; established. ............ SB 200 Sludge; solid waste generated by waste-water treatment; disposal. ............. HR 66 State Owned Buildings; urge energy conservation promoting clean air. ......... SR 173 Storm-Water Run-off From Construction Activities; study of. ................. SR 252 Waste; discarded materials or substances; illegal dumping; penalties............ SB 275 Water; public systems, waste-water treatment; operators, lab analysts; training; certification. .................................................. HB 283 Water Resources; waste-water; sludge disposal, storage facilities................ SB 276 Water Resources; waste-water; sludge land application sites; permits. ......... HB 228 Water; sewage overflow facilities; additional sewer connections. ................. SB 19
POLYGRAPH EXAMINERS EMPLOYED BY PUBLIC AGENCIES; license fees. ................................................ HB 631
POOLER, CITY OF; change corporate limits............................... HB 1050
POORE, MRS. L. C.; claims against the state; compensate. .............. HR 156
PORNOGRAPHY; materials electronically furnished to minors; penalty........ HB 138
PORTS AUTHORITY, GEORGIA; Motor Fuel Tax Laws; duties of terminal operators; documentation. ........................................ HB 630
POSTSECONDARY TECHNICAL AND ADULT EDUCATION FINANCE STUDY COMMITTEE....................................... SR 267
POWDER SPRINGS; city tax commissioner; ex officio sheriff; tax executions. ........................................................... SB 387
POWELL, MS SIDDEEQUAH; GA Women in Sports; introduced .......... Page 183
PRESCRIPTION MEDICATIONS (See Pharmacists or Health or Drugs)
PRISONS (See Corrections)
PRIVATE SECURITY BUSINESSES; Licensees; applicability; Georgia Limited Liability Company Act............................................ HB 264
PRIVATIZATION OF GOVERNMENTAL SERVICES Committee to Study Potential Savings; examine other states. .................. SR 66 Georgia Privatization Review Act; create commission; provide powers. ......... SB 260 Local Government Efficiency Act; enact. .................................... HB 83 Mental Health Disability Services; private providers; contracts.................. SB 49 Mental Health; service delivery; utilize private sector involvement. ........... HB 100 North Georgia Mountains Authority; management by private firm. ........... HB 651 Private Firms Reviewing State Agency Program Operations; selection. ........... SB 5 Projects of Certain Magnitude; feasibility reports; Stone Mountain Park, Jekyll Island, Lake Lanier Islands, North Georgia Mountains............... HB 941 Transportation Facilities; private operators; financing; tolls. ................... SB 328

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PROBATE COURTS Common-law Marriages; invalid to enter into after certain date................. SB 36 County Dispute Resolution Programs; creation; trustees of funds. ............ HB 143 Foreign Wills Bequeathing Personal Property; recording probate.............. HB 361 Guardian of a Child; duties; money recovered, wrongful death actions. ......... SB 173 Judges; duties; interim appointee to fill vacancy in public office. ............. HB 304 Judges; minimum salaries, cost-of-living increases; clarify; change. ............ HB 206 Judges; minimum salary; cost-of-living, longevity increases. .................. HB 710 Judges; retirement; cost of living benefit increases; restrictions................ HB 779 Records; mental health involuntary hospitalization; persons denied purchase of a firearm; eligibility hearings..................................... SB 12 Service of Process; minors or incapacitated adults; serving person's legal guardian........................................................... HB 71 Wills; lost or destroyed; petitions for probate. ............................... SB 256
PROBATION Conditions; mandatory participation in adult education program.............. HB 191 Conditions; sentenced for felony offenses; special alternative incarceration-probation boot camp; confinement period. ................... HB 352 Juvenile Delinquent Children; confined 90-day boot camp program............. SB 150 Juvenile Probation Officers; authority in detention or custody. ............... HB 306 Persons Charged With Stalking Crimes; certain conditions imposed. ............ SB 13 Private Companies Providing Probation Services; restrict referrals to or ownership of driver improvement clinics or DUI Programs. ................ HB 508 Review of Sentence Imposed 12 or More Years; filing application. ............. HB 79 Supervision Fees; imposed for pretrial release or diversion program. ............ SB 87 Terms, Conditions; confinement in county detention facility or jail............. SB 270
PRODUCT LIABILITY; Litigation; safety hazards; public disclosure; committee to study........................................................ SR 292
PROFESSIONAL COUNSELORS, SOCIAL WORKERS; Licensees; members; limited liability companies. ............................................... HB 264
PROFESSIONS AND BUSINESSES (Also See Commerce and Trade) Architects; conversion of payments made for property improvements. ........... SB 50 Asbestos Contractors; persons employed to remove asbestos; training........... SB 135 Athlete Agents; registration requirements; redefine student athlete. ........... HB 462 Auctioneers; licensure; qualifications; reciprocity; violations. .................. HB 826 Audiologists; licensure; exemption; temporary for certain educators. ......... SB 88 Automobile Body and Paint Shops, Collision Repair Facilities; commission to study certification, licensing. ......................................... SR 93 Business, Professional Practitioners; local occupation taxes, fees. ............. HB 362 Charitable Solicitations Act; exemption of certain charities. .................. HB 379 Chiropractors; scope of practice; certain nonprescription items.................. SB 61 Civil Actions; witnesses; state regulatory agencies; no compensation. ........... SB 229 Code Revision; Title 43; correct errors and omissions. ....................... HB 145 Commercial Agency Relationships; conditional power of attorney. ............ SB 171 Conditioned Air Contracting; redefine; installing equipment, repair............ HB 258 Construction Industry Licensing Board; powers; change composition........... HB 653 Contractors; conversion of payments made for property improvements........... SB 50 Credit Repair Services; regulation of advertising; practices. ................... SB 157 Dental Hygienists; temporary licenses; restriction; failing exams............... HB 409 Dental Students Under Academic Supervision; tort immunity. ................ SB 165 Dentists and Dental Hygienists; licensure; new board to regulate............... SB 305 Dietetic Counselors; nutritional care delivery; licensure; regulate. ............... SB 20
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2408

JOURNAL OF THE SENATE

PROFESSIONS AND BUSINESSES (Continued) Driver Training Schools; instructor licenses valid for two years. .............. HB 476 Driver Training Schools; required equipment on cars; eyesight tests............ SB 245 Electrical Contractors; licensure; utility foreman............................. HB 653 Electrology; practice of permanent hair removal; committee to study. ........... SR 55 Employer Disclosing Person's Job Performance; prospective employer. ........ SB 175 Employment Reports to State Child Support Registry; employers duty. ....... SB 269 EMS Technicians, Paramedics, Cardiac Technicians; recertification. ........... SB 263 Fireworks Displays; licensees; storage of surplus, excess fireworks. ............ HB 286 Foresters; professional; registration; qualifications; reciprocity.................. SB 117 Funeral Directors, Embalmers; licensure; renewals; annual training............ HB 223 Health Care Providers; patient referral; restrict financial interest. ............. SB 281 Health Care Providers; self-referral schemes; prohibited activities. ............. SB 236 Hearing Aid Dispensers; licensure; applications for examination............... HB 410 Home Inspectors; regulate; inspection for defects; requirement................. SB 143 Home Inspectors; regulate scope of practice; create licensing board............. SB 330 Independent Contractors for Printed Materials; exclusion, unemployment or workers' compensation. .............................................. HB 678 Insurance Agents, Counselors; restrictions; self-insurance funds. .............. HB 677 Insurance; agents; licensure display certificates; fees; certificate of authority..... HB 77 Insurance Agents or Counselors; restrictions; soliciting members for group workers' compensation self-insurance funds. ........................ HB 527 Insurance; brokers and solicitors; clarify certain references. ................... SB 280 Insurance; counselors; ancillary services for commercial risks; fees............. HB 540 Irrigation Contractors; licensure; pumping systems for vegetation. ............ HB 516 Landscape Architects; licensure; qualifications; design services. ............... HB 714 Landscapers; conversion of payments made for property improvements. ......... SB 50 Licenses Issued by a State Agency; applicant question; history of sanctioned, revoked or suspended license. ............................................ SB 108 Limited Liability Companies; income tax; distributions subject to a withholding tax. ...................................................... HB 384 Limited Liability Companies; income tax; real estate transactions; withholding tax at source. .............................................. HB 385 Limited Liability Companies; regulate commercial entities, members. ......... HB 264 Marriage and Family Therapists; licensure; requirements...................... SB 137 Medical Practice; invasive procedures; repeal certain limitations. ............... SB 15 Motor Vehicle Racetracks or Exhibitions; operators; licensing agency.......... HB 213 Nurses, Licensed Practical; licensure requirements; temporary permit. .......... SB 25 Occupational Therapists or Assistants; licensure; qualifications................. SB 115 Office of Treasury and Fiscal Services; functions; funds disposition............. SB 162 Older Worker Task Force; retraining, reemployment issues; study of. .......... SR 131 Optometry, Doctors of; use of topical or oral pharmaceutical agents. ........... SB 199 Physicians, Health Care Providers; investment interests; Patient Self-Referral Act. ...................................................... HB 920 Podiatrists; licensure; applications for examination. ......................... HB 408 Polygraph Examiners Employed by Public Agencies; license fees.............. HB 631 Private Security Guards; arrest powers; certain property. ..................... SB 287 Professional Counselors; licensure; requirements; discipline actions. ............ SB 137 Professional Trade Associations; definition; group workers' compensation self-insurance. ......................................................... HB 527 Psychologists; license exemption; state mental retardation facility. ............ HB 400 Psychologists; licensing; persons qualified; use of title; definition. ............... SB 48 Real Estate Appraisers; licensure; exemption; county appraisal staff. ........... SB 266 Real Estate; commercial brokers; compensation due; lien rights. ............. HB 523
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PROFESSIONS AND BUSINESSES (Continued) Real Estate Transactions; broker and client relationships; regulate. ............ SB 227 Respiratory Care Practitioners; certification to practice. ..................... HB 491 Roofing Contractors; regulate; create new licensing division.................... SB 190 Sales to Elderly or Disabled Persons; consumer crimes; civil damages. ........ HB 193 Sales to Elderly or Disabled Persons; consumer crimes; penalties. ............. SB 295 Small Employers; self-insurance plans; exclude workers compensation. ......... SB 176 Social Work; licensure; requirements; disciplinary actions. .................... SB 137 Tattooing; health risk of equipment; committee to study regulation. ........... SR 198 Ticket Agents; service charges on amusement, entertainment admission. ....... SB 309 Trade Secrets; ofTense of theft; expand definition; penalties. .................. SB 224 Transient Merchants; business license fees fixed by county. .................. HB 661 Utility Contractors, Managers, Foreman; licenses; certificates. ................ HB 653 Veterinary Medicine; scope of practice; nonsurgical embryo transfer............ HB 63 Water or Wastewater Treatment Plants; industrial; certified analysts.......... HB 283
PROMOTIONAL OFFERS INVOLVING ELEMENT OF CHANCE; deceptive practices. ....................................................... SB 231
PROPERTIES COMMISSION (See Property Conveyance or State Government)
PROPERTY Abandoned, Derelict Vehicles; wrecker services removing; procedures. ......... HB 447 Abandoned Motor Vehicles; lien foreclosure; affidavit filing fee. .............. HB 321 Abandoned; state taxes due, owing; protection, Indian burial objects. ......... HB 265 Ad Valorem Tax; assessment; filing appeals; tax execution notices. ............ SB 125 Ad Valorem Tax; assessment; limit percentage of yearly increases............... SR 92 Ad Valorem Tax; assessment; taxpayer appeals; change procedures............ SB 296 Ad Valorem Tax; assessments; appeals; written decisions; reasons. ............ HB 328 Ad Valorem Tax; assessor boards; ineligible appraisal staff position. .......... HB 493 Ad Valorem Tax; assessor boards; receipt of returns, homestead exemption applications.................................................. HB 222 Ad Valorem Tax; construction equipment vehicles; nonresident owners. ....... HB 547 Ad Valorem Tax; current use assessment; bonafide conservation use; farms; uniform evaluations; table of values; published reports. ..................... HB 66 Ad Valorem Tax; delinquent payments; local tax amnesty program............ SB 139 Ad Valorem Tax; enterprise zones; exempt county, municipal taxes. ........... SB 166 Ad Valorem Tax; enterprize zones; property tax; different treatment. .......... SR 206 Ad Valorem Tax; homestead exemption; improper filing; survivor spouse. . . . . . HB 835 Ad Valorem Tax; litigations, refunds; interest accrual during appeal........... HB 303 Ad Valorem Tax; millage rates requiring tax increases; advertising. ........... HB 554 Ad Valorem Tax; mobile homes; moving without required decal; penalty. ..... SB 209 Ad Valorem Tax; school funding; repeal local fair share requirement. .......... SB 205 Ad Valorem Tax; valuation; fair market value; existing use; timber............. SB 233 Antique, Hobby, Special Interest Vehicles; valuation for taxes. ............... HB 520 Bears; property damage; circumstances owners allowed to kill. ............... HB 112 Bears; property damage claims; petitions for removal of the bear. ............. SB 306 Cemeteries; registration; exempt cemetery of historical significance. ........... HB 641 Civil Actions; discharge of purchased property from lien of judgment. ......... HB 72 Code Revision; Title 44; correct errors and omissions. ....................... HB 145 Commercial Real Estate Brokers; compensation due; lien rights............... HB 523 Computer Software; value for ad valorem taxes; intangible property........... HB 350 Conservation Easements; prohibit create or expand by eminent domain. ...... HB 751 Covenants Restricting Use; planned subdivisions; renewal; terminate. ......... HB 556 Damage by Over Populated Wildlife; committee to study issues................ SR 259
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2410

JOURNAL OF THE SENATE

PROPERTY (Continued) Eminent Domain Powers; limitations; expanding conservation easements. ... HB 751 Foreign Wills Bequeathing Personal Property; probate procedures. ........... HB 361 Forfeiture Under Controlled Substances Act; informant rewards. .............. SB 237 Forfeiture Under Controlled Substances Act; notices of seizure. ....... HB 712 Guardians or Fiduciaries; renunciation; property interest, transfer.............. SB 189 Handicapped Parking; violations; change penalty fines. ....................... HB 94 Hazardous Site Designation; deed, mortgage, lease agreement; notices. ......... SB 294 High Falls Lake; adjoining property owners; boat dock permits. .............. HB 195 Highways; commercial driveway permits; charges, fees; limitations. .......... HB 546 Home Inspectors; inspection for defects; requirements; notices. ................ SB 143 Home Inspectors Licensing Regulation Act; enact. ........................... SB 330 Homeowner Protection; secured loans; regulate interest rates, fees. ............ SB 105 Indian Burial Objects; official American Indian tribes of Georgia.............. HB 265 Insurance; local public entities; adverse underwriting decisions; temporary coverage; emergency property protection.................................. HB 568 Insurance; residential; cancellation nonrenewal; reasons, notices. ............... SB 230 Land-disturbing Activities; regulatory compliance yet damages caused. ....... HB 566 Land Registration Assurance Fund; Treasury, Fiscal Services Office. ........... SB 162 Landlord and Tenant; dispossessory proceedings; judgment for rent. .......... HB 337 Lease or Rental Agreements; statement of conditions; style, type size. ......... HB 76 Lease Transactions; security interests; goods that become fixtures............. HB 395 Lien Rights of Contractors, Subcontractors, Materialsmen; notices. ........... HB 544 Liens; charges due veterinarians or animal boarding facilities. ................. SB 130 Liens; commercial real estate brokers for compensation due. ................. HB 523 Liens; crop production loans; collateral for secured transactions................ HB 75 Liens; federal tax liens; filing, indexing, recording. .................. SB 85 Liens; landowner's security interest; future crops due sharecroppers. ........... HB 73 Liens; property improvement contractors; payment bond, security deposits; rights of certain parties. ................................................ HB 545 Loans; residential mortgage lenders, brokers; regulation, licensing. ............. SB 106 Loans; secured residential property; interest rate, fees; regulate. ............... SB 105 Municipalities; property to be acquired through exchange; procedures. ........ HB 755 Private Security Guards; arrest powers on certain property. ................. SB 287 Property Owners' Association Act; governance; incorporation. ................ HB 574 Real Estate Appraisers; licensure; exemption; county appraisal staff. ........... SB 266 Real Estate Sold, Transferred; nonresidents; withholding income tax. ......... HB 385 Real Estate Transactions; brokerage relationships between sellers, landlords, buyers, tenants, and brokers; regulate. .................................... SB 227 Residential; mortgage lenders, brokers; licensure; regulations. ................ HB 237 Residential Subdivisions or Condo Developments; amenities; misrepresentation to buyers. ............................................. SB 194 School Property Tax Digest; complaints; appointment of arbitrators............ HB 62 State Agencies; property acquisitions, leases; required reports.................... SB 8 Stolen Motor Vehicles; notification of recovery. ............................. HB 172 Tax Liens; delinquent income taxes; property rights subject to levy. .......... HB 269 Theft; conversion of payments made for property improvements. ........... SB 50 Waste; discarded materials; illegal dumping; evidence; penalties................ SB 275 Yard Trimmings; disposal restrictions; recycle into compost, mulch. .......... HB 257 Yard Trimmings; restrict disposal in landfills; soil composting use. ............ SB 289
PROPERTY CONVEYANCE (Also See State Government) Americus, Lake City, Savannah; Labor Department offices; disposition. ......... SR 64 Baldwin County; easement to Board of Education for new school. ............ HR 125 Baldwin County; sell surplus state property to Leon Samuels................. HR 122
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PROPERTY CONVEYANCE (Continued) Bibb County; Macon Regional Health Center; exchange of property. ........... SR 233 Bulloch County; deed state property to Board of Education. .................. SR 200 Burke County; Yuchi Wildlife Management Area; power line easement. ....... SR 122 Butts County; land conveyance for airport runway; repeal 1982 Act. ........... HR 49 Calhoun, Clinch, Fulton, Hall Counties; utility facilities easement.............. SR 118 Carroll County; sell easement to Georgia Power Company. .................... SR 142 Cartersville, City of; lease of Railroad depot and adjoined property. .......... HR 122 Chatham County; convey deed to Goodwill Industries of Coastal Empire. ..... SR 120 Chatham County; easement for Waters Avenue Thoroughfare Widening. ....... SR 127 Chatham County; owners of structures on river bottoms; easement. ............ SR 127 City of Winder; easement for sewer line; Ft. Yargo State Park............... HR 168 Cobb County; Regional YDC; exchange of property by quitclaim deed......... SR 233 Cobb County; transportation thoroughfare; easement through YDC. ........... SR 207 Cobb County; transportation thoroughfare; easement through YDC. ........... SR 208 Crisp County; Cordele Farmers Market; easement to Municipal Electric Authority for electrical transmission lines.................................. SR 180 Fulton County; Carter Center, Inc.; lease of DOT property for park......... SR 226 Fulton County; terminate lease agreement with Consolidated Atlanta Properties, Ltd. (CAPCO) and Fairco Properties, Inc. ...................... SR 119 Gilmer County; easement to James L. and Romona A. Waller. ............... HR 121 Glynn County; agreement with State Forestry Commission. ................... SR 200 Habersham County; State Highway 365; land separated by improvements. . . . . HR 229 Hall County; Corrections Diversion Center; sell by competitive bid............ HR 228 Intergovernmental Agreements; services to U.S. Department of Defense. ......... SB 30 Macon County; surplus DHR property; convey to City of Montezuma. ...... HR 123 Meriwether County; City of Manchester; grant title to certain land. ....... SR 180 Rabun County; sublease transmitting tower to Tim McCollum for paging antenna......................................................... HR 182 Rhodes Memorial Hall; rental to Georgia Trust Historic Preservation. ....... SR 153 Richmond County; lease land to Master City Little League, Inc.; convey to Board of Commissioners, 10 acre tract for fire station...................... HR 167 Richmond County; Southern Bell Telephone telecommunications easement. .... SR 115 Tybee Island; easement for beach renourishment program; conditions. ......... SR 121
PROPERTY OWNERS' ASSOCIATION ACT; enact. .................... HB 574
PSYCHOLOGISTS Licensure; exemption; state employees of mental retardation facility. ......... HB 400 Licensure; persons qualified; use of title; neuropsychology defined............... SB 48 School Counselors; access to juvenile court and child abuse records of students. ...................................................... HB 333
PSYCHOTHERAPY PRACTITIONERS License to Practice; requirements; exceptions; prohibitions. ................... SB 137 Psychiatric/Mental Health Clinical Nurse Specialists; evaluations. ............. SB 312
PUBLIC ASSISTANCE (Also See Social Services or Human Resources or Medical Assistance) AFDC Children; participation in model basic health insurance plan. ........... SB 210 AFDC Eligibility; teenagers; school attendance; LEARNFARE Program. ...... SB 66 AFDC Recipients; private health insurance coverage; pilot program. ........... SB 208 Appropriations, Supplemental, SFY 1992-1993. ............................. HB 121 Benefits; illegal aliens ineligible; emergency medical care only. ................ SB 164 Hospital Emergency Care; patients claiming indigency; standards. ............. SB 331 Indigent Health Care; public hospitals; alternative funding source.............. HR 16
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2412

JOURNAL OF THE SENATE

PUBLIC ASSISTANCE (Continued) Medicaid; licensed health facilities; sanctions; contested cases. ............... HB 322 Recipients; child support payments recovered by DHR; court costs............. SB 268 Recipients; parties to recovery action for tort; legal notice to Department of Medical Assistance. ......................................... SB 249 Welfare Reform; additional child born; eliminate benefit increases. ............. SB 58

PUBLIC HEALTH NURSE DAY IN GEORGIA; commend; designate. ...... SR 277

PUBLIC OFFICERS AND EMPLOYEES (Also See State Employees

or State Government)

Agriculture Commissioner; limitation of terms of office.......................... SR 5

Agriculture Commissioner; limitation of terms of office........................ SR 140

Appointed School Superintendents; residency requirements................... HB 300

Arnall, Ellis G.; former Governor; creation of appropriate tribute.

....... SR 156

Attorney General; duties; election laws, rules; enforcement actions. ........... HB 298

Attorney General; duties; enforcement of election law violations. .............. SB 215

Attorney General; duty to represent Georgia Transportation Authority. ........ SB 328

Attorney General; limitation of terms of office. ................................ SR 5

Attorney General; limitation of terms of office. .............................. SR 140

Attorney General; staff members; authorization to carry weapons. ............. SB 348

Auditor, State; duties; agency program reviews; budget estimates. ............... SB 5

Auditor, State; nomination and election held by General Assembly............ HR 427

Capitol Museum Director; exhibits; state capitol advisory commission. ......... SB 225

Code Revision; Title 45; correct errors and omissions. ....................... HB 145

Coroners and Deputy Coroners; certification; annual training. ................ HB 223

Corporation Commissioner; Secretary of State; assistant commissioner......... HB 149

Counties; governing authorities; members; minimum annual salaries. ........... SB 380

County Boards of Jury Commissioners, Clerk; per diem compensation. ........ HB 446

County, Municipal Offices; vacancies; interim appointees; elections. ........... HB 304

County Records Officer; duties; election returns, voting materials. ............. SB 214

Disclosing Waste, Fraud, or Abuse Without Reprisal; complaint filing. .......... SB 89

Disclosure of Fraud, Waste, Abuse Without Reprisal; procedures............... HB 49

Elections; campaign contribution disclosure; late reports; fees................. HB 171

Elections; term limitations; U.S. Senators and Representatives................. SB 344

General Assembly Members and Lt. Governor; term limitations. ................ SR 5

General Assembly Members and Lt. Governor; term limitations................ SR 140

General Assembly; members of standing committees; acceptance of travel

expenses paid by lobbyists prohibited. .................................... SB 118

Georgia Commission on Women; member expenses; number of meetings. ....... HB 68

Georgia Defined Contribution Plan; voluntary membership; withdrawal. ........ SB 251

Georgia Historical Records Advisory Board; membership; composition. ........ SB 271

Georgia Music Hall of Fame Authority; members; expenses and travel...... HB 885

Georgia Sports Hall of Fame; appointment of additional members. ........... SB 304

Governor; duties; Budget Accountability and Planning Act. ................... SB 335

House of Representatives; new descriptions, 30 districts; boundaries........... HB 787

Insurance Commissioner; limitation of terms of office. ......................... SR 5

Insurance Commissioner; limitation of terms of office. ........................ SR 140

Insurance Commissioner; supervision of insurers; enforcement. ................ SB 264

Insurance Department; reclassify certain employee positions. .................. SB 339

Jekyll Island-State Park Authority; conflict of interest exception............... SB 337

Labor Commissioner; limitation of terms of office. ............................. SR 5

Labor Commissioner; limitation of terms of office. ........................... SR 140

Law Enforcement Officers; complaints against; procedural criteria............. HB 397

Lobbying by Former Legislators, Public Officials; restrictions. ............... SB 69

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INDEX

2413

PUBLIC OFFICERS AND EMPLOYEES (Continued) Medical Examiners, Coroners; death investigations. ........................... SB 99 Natural Resources Department; hourly paid employees; benefits. ............. HB 720 Nonpublic Postsecondary Education Commission; executive director............ SB 308 Office of Treasury and Fiscal Services; creation; duties; director. .............. SB 162 Parties Involved With State Property Purchases, Leases; disclosure. ............. SB 8 Political Activities; nonworking hours; conditions to participate. ............... SB 55 Public Records; disclosure; exemption; nonexisting records. .................. HB 246 Public Service Commission; members; term limitations.......................... SR 5 Public Service Commission; members; term limitations........................ SR 140 Public Service Commission; reorganization; create Utility Finance Section; powers, duties; personnel qualifications. ................................... SB 250 Revenue Agents or Enforcement Officers; weapon and badge retention. ....... HB 311 Secretary of State; limitation of terms of office................................. SR 5 Secretary of State; limitation of terms of office............................. SR 140 Sheriffs; qualifications; exemption; registered peace officers. .................. HB 205 State Employees; sick leave; accrual; excessive or abusive use................. HB 167 State Employees; sick leave; utilization; affidavits; reports. ..................... SB 53 State Employees; transacting business with mental health agencies............. SB 159 State Regulatory Agencies; witnesses in civil actions; compensation. ........... SB 229 State School Superintendent; limitation of terms of office. ...................... SR 5 State School Superintendent; limitation of terms of office. .................... SR 140 Transportation Efficiency Commuter Program; telecommuting; flex time. ....... SR 211 Traveling Expenses; use of personal vehicle; reimbursement rate.............. HB 351 U.S. Senators and Representatives; limit terms of office........................ SB 57
PUBLIC RECORDS Admissibility as Evidence When Facsimile Transmitted; circumstances. ........ SB 244 Child Abuse Prevention Panel; information, data, records disclosure............ SB 234 Child Abuse Reports; disclosure; persons, entities have access. .................. SB 2 Child Abuse; reports to law enforcement, DA's; inspection conditions............. SB 1 Disclosure; exclusion; research collected by higher education institutions or government agencies. ................................................ HB 522 Disclosure Not Required; DOT engineer estimates, rejected bids. ............. HB 301 Documents, Forms; racial data; multiracial classification choice. ............... SB 149 Election Returns, Ballots and Other Documents; persons designated receive and preserve. .......................................................... SB 214 Georgia Historical Records Advisory Board; establishment..................... SB 271 Inspection; lists of grants awarded by state agencies; publication............... SB 335 Inspection; restrictions; proceedings against education personnel. .............. SB 70 Inspection; state agency lists of grants awarded. ............................... SB 4 Inspection; state agency program operations; review data........................ SB 5 Inspection; state contracts; minority business participation data. .............. SB 207 Official Documents; English designated as official language used. ............. SB 127 Public Institutions; certain archival records; disclosure exemption. ............ HB 254 State Public Documents; transfer functions to director of University of Georgia Libraries....................................................... HB 463
PUBLIC RETIREMENT SYSTEMS STANDARDS LAW (See Retirement and Pensions)
PUBLIC SAFETY DEPARTMENT (Also See Motor Vehicles or Law Enforcement) Driver Training Schools; instructor licenses valid for two years. .............. HB 476 Driver Training Schools; monitor and report findings. ....................... SB 245 Driver's License; custody of suspended licenses; disposition................... HB 227
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2414

JOURNAL OF THE SENATE

PUBLIC SAFETY DEPARTMENT (Continued) Driver's License; offices of examiners; voter registration places................. SB 131 Duties; certify vehicle ignition interlock devices and providers. ................. SB 28 Duties; inspect locations where, tobacco products sold to minors. .............. SB 222 Duties; submit licensed drivers data for compiling jury lists. .................. SB 193 Georgia Public Safety Training Center; appropriation of funds. ................ SB 65 Law Enforcement Chief Executive Training; increase requirements............. SB 279 Law Enforcement Officers; complaints against; procedural criteria............. HB 397 Licensing Agreements; use of 1996 Olympic logo for vehicle tags. ............. HB 320 Recovery of Stolen Vehicles or Plates; notification reports.................... HB 172 Uniform Division; career concerns of personnel; urge board review. ............ SR 319 Uniform Division; officers, troopers; eligible retire at age 55. ................. HB 750 Vehicle Racetracks; licensing; transfer to Safety Fire Commissioner. .......... HB 213
PUBLIC SCHOOL EMPLOYEES RETIREMENT; Retirees; health insurance; continuation of coverage; premiums. ........................... SB 352
PUBLIC SCHOOLS (See Education or Schools)
PUBLIC SERVICE COMMISSION Energy Qualifications and Overview Committee; establishment of. ............. SB 250 Limousine Carriers; vehicle registration; PSC to regulate, inspect. ............. SB 317 Members; limitation of terms of office......................................... SR 5 Members; limitation of terms of office....................................... SR 140 Motor Common Carriers; definition; exemption; ambulances. ............... HB 242 Motor Common Carriers; definitions; exemption; ambulances, van pools. ...... HB 391 Revise Organizational Structure; create independent Utility Finance Section; powers; duties; personnel qualifications. ................................... SB 250
PUBLIC UTILITIES AND TRANSPORTATION (Also See Transportation) Cellular Radio Telephones; interception of communications; penalty........... HB 139 Easement to Georgia Power Company for Facilities; several counties. ....... SR 118 Electric or Gas Utility; efficiency of local services; consolidation. .............. HB 83 Electric or Gas Utility Services; inactive municipalities. ...................... HB 84 Emergency 911 Telephone Charges; allocation and use of moneys. ............. SB 302 Energy; fuel consumption; urge reduce in state owned buildings. .............. SR 173 Energy Qualifications and Overview Committee; establishment of. .......... SB 250 Highways; isolated areas; provide for emergency call boxes. ................... SB 213 Outdoor Advertising Signs; removal orders; judicial review period. ............ HB 308 Public Roads; activities causing damage or obstruction; reimbursement for costs of repairs or traffic management. ................................... HB 302 Public Service Commission; reorganization; create independent Utility Finance Section; powers; duties; personnel qualifications. ................... SB 250 Rail Passenger Interstate System; Amtrak routes; party states compact; impact study; advisory council. .......................................... HB 966 Railroad Companies; extension of routes; payment of filing fees................ SB 162 Telephone; emergency 911 provider; military base; joint authorities. .......... HB 719 Telephones; cellular radio; unlawful to intercept communications. ............ HB 139 Transportation Projects; enhancement activities defined federal law. ........... SB 333 Utility Contracting Licensees; Georgia Limited Liability Company Act. ..... HB 264 Utility Contractors, Managers, Foreman; licenses; certificates. ................ HB 653
PULASKI COUNTY Board of Education; election districts; change composition. ................. HB 1036 Superior Court; judges; salary supplement. ................................. HB 876
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INDEX

2415

PUTNAM COUNTY Board of Commissioners; members; mileage allowance. ...................... HB 927 Transfer from Oconee RDC to Middle Georgia RDC; ratify and approve. ..... SR 238 Transfer from Oconee RDC to Middle Georgia RDC; ratify and approve. .... HR 360
QUALITY BASIC EDUCATION ACT (Also See Education) Alternative High School Programs Regardless of Age; diploma credit. .......... SB 341 Enrollment Counts; calculation; driver education course...................... HB 718 Funding; guidance counselors in primary and upper elementary grades. ........ SB 204 Kindergarten and First Grade Classes; reduce maximum class size. ............ SB 216 Local Fair Share Funds; equalization grants; calculation method. .............. SB 101 Local Fair Share Funds; limitations on amount for any fiscal year. ........... HB 282 Local Fair Share Funds; replace with state funds and 1% sales tax. ........... SB 205 Program Formula Components and Weights; urge task force to review. .... SR 183 Purpose; additional goals, academic achievements by the year 2000. ............ SB 43 QBE; accountability and evaluation of goals; commission to study. ........... HR 398 Revenue Sources; alternative to property tax; commission to evaluate. ........ HR 91 School Evaluations; minimize classroom time; funding for counselors. ....... SR 217 School Evaluations; paperwork compliance duties; committee to review. ........ SR 215 Student Transportation Program; funding for bus driver drug testing. ......... SB 107
QUITMAN COUNTY Board of Education; election districts; reapportion............................ HB 20 Designate; Chattahoochee Valley Trail Scenic Highway on S.R. 39. ............ SR 232 Tax Commissioner; compensation; annual salary; abolish fee system. .......... HB 846
R. D. HEAD ELEMENTARY SCHOOL Commend. .............................................................. SR 58 Commend. ......................................................... SR 116
RABUN COUNTY Board of Commissioners; roads supervisor; appointment; compensation. ........ SB 353 Property Conveyance; sublease transmitting tower to Currahee Paging. ..... HR 182
RADAR SPEED DETECTION DEVICES; use on hills; admissible evidence........................................................ SB 116
RAFFLES Nonprofit Organizations; authority to hold; amend Constitution................ SR 107 School organizations; proceeds benefiting students; licensing. .................. SB 140
RAILROADS Amtrak Passenger Service Between Chicago and Florida; endorse reinstituting; multistate impact study................................................. HR 330 Interstate Rail Passenger Network Compact; enact; impact study to reestablish Amtrak routes; create advisory council. ........................ HB 966 Property Conveyance; lease depot tracts to City of Cartersville. .............. HR 122 Rail Passenger Projects; Georgia Transportation Authority; creation............ SB 328
RALSTON, SENATOR DAVID Excused due to snow ................................................... Page 1307 Excused from voting on HB 206 ........................................ Page 1236
RANDOLPH COUNTY Board of Commissioners; election districts; reapportion; definitions............. HB 17 Board of Education; election districts; reapportion............................ HB 14 Magistrate Court; chief magistrate; election; Probate Court Judge not serve after certain date...................................................... HB 1047
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2416

JOURNAL OF THE SENATE

RAY, SENATOR WALTER Excused due to committee work.......................................... Page 219 Excused due to snow................................................... Page 1307

RAY, SHANNON AND DOUG SHAVER, TERRY BIGGERSTAFF; commend bravery. ........................................................ SR 325

REAL ESTATE (Also see Property or Professions) Brokerage Relationships in Real Estate Transactions Act; enact. .............. SB 227 Brokers; liens; Commercial Real Estate Broker Lien Act; enact. .............. HB 523 Brokers; property transactions; tax levies by local government. ............... HB 362 County Ad Valorem Appraisal Staff; exempt appraiser licensure. ........... SB 266 Home Inspectors Licensing Regulation Act; enact. ........................... SB 330 Home Inspectors; regulate; inspection for defects; requirements. ............... SB 143 Licensees; applicability; Georgia Limited Liability Company Act. ............. HB 264 Loans; residential mortgage lenders, brokers; regulation, licensing. ............. SB 106 Loans; secured residential property; interest rate, fees; regulate. .............. SB 105 Planned Subdivisions; property owner restrictive covenants; renewal. ......... HB 556 Records; security interests; mortgages; goods, fixture filing; notice filings for Uniform Commercial Code. ............................................. HB 244 Residential Subdivisions, Condo Developments; ownership of amenities......... SB 194 Sold or Transferred; nonresidents; withholding income tax at source. ......... HB 385

REAPPORTIONMENT (Also See Elections) Congressional and Senate Districts; change certain composition. .............. HB 964 House of Representatives; new descriptions, 30 districts; boundaries........... HB 787 Senatorial Districts No. 21, 32, 42, 53 and 54; change composition. ......... SB 361

REBECCA, TOWN OF; municipal elections; mayor and council; terms. ....... HB 996

RECREATION AND PARKS ASSOCIATION, STATE; officials introduced ............................................................. Page 453

RECREATIONAL BINGO GAMES; provide for operation of; requirements............................................................... SB 24

RECYCLING Yard Trimmings; burning or burying in landfills; prohibited. .................. SB 289 Yard Trimmings, Scrap Tires; landfill disposal restrictions. .................. HB 257

REDEVELOPMENT POWERS; Counties, Municipalities; powers; federal grant, loan programs; execute intergovernmental contracts.................... HB 728

REEVES, ANITA; recognizing. ............................................. SR 257

REEVES, REVEREND RICHARD ROOSEVELT, JR.; commend.

SR 264

REGIONAL DEVELOPMENT CENTERS Atlanta Regional Commission; approve transfer of Cherokee County. .......... HR 64 Boards; composition; member counties, city appointees; quorum; powers; functions; executive director; employees. ................................. HB 753 Boundaries; fluctuations of lines; hardship on counties; study of. ............. HR 118 Central Savannah River; transfer of certain counties into; ratify. .............. SR 238 Central Savannah River; transfer of certain counties into; ratify. ............. HR 360 Intergovernmental Contracts Related to Federal Grant, Loan Programs........ HB 728 Middle Georgia Center; duties; Houston County Efficiency in Governmental Services Commission. ...................................... SR 250 Middle Georgia Center; transfer of certain counties into; ratify. ............... SR 238 Middle Georgia Center; transfer of certain counties into; ratify. .............. HR 360 Oconee Center; boundaries; transferral of certain counties. .................... SR 238

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2417

REGIONAL DEVELOPMENT CENTERS (Continued) Oconee Center; boundaries; transferral of certain counties. ................... HR 360 Upper Savannah River Development Authority; jurisdiction; geographic, operational; projects; assessments, fees; members. ......................... HB 941
REHABILITATION PROGRAMS, TRAINING CENTERS; Contract work; state use plan. ............................................. SB 372
RENTAL BUSINESSES Bicycle Rentals; persons under age 16; protective helmet requirement. ........... SB 7 Lease or Rental Agreements; statement of conditions; style, type size. ........ HB 76
RESPIRATORY CARE PRACTITIONERS; certification to practice; requirements............................................................. HB 491
RESTAURANTS (See Food Service Establishments)
RETIREMENT AND PENSIONS Code Title 47; correct errors and omissions. ................................ HB 144 District Attorneys; retirees; private practice; repeal prohibition. ............... SB 349 District Attorney's System; postretiremen! benefit increases. ................. HB 768 Employees' System; board of trustees; per diem for expenses. ................ HB 781 Employees' System; creditable service; military service during WW II. ......... SB 255 Employees' System; creditable service; secretary to superior court judge or district attorney. ....................................... SB 378 Employees' System; involuntary separation; agency position abolished. ......... SB 129 Employees' System; membership; county juvenile detention employees. ........ SB 211 Employees' System; membership; employees of Lake Lanier Islands Development Authority. .......................................... SB 377 Employees' System; retirement at age 55; identifies members entitled. ........ HB 750 Firemen's Pension Fund; benefits; postretirement increases.................... SB 142 Firemen's Pension Fund; membership eligibility; age; service credit. ............ SB 83 Firemen's Pension Fund; prior eligible service credit; requirements............. SB 303 Firemen's Pension Fund; requirements; repeal certain exemptions............. HB 234 Firemen's Pension Fund; years required for vesting; early retirement. ........... SB 82 Georgia Defined Contribution Plan; voluntary employee membership. ...... SB 251 Peace Officers Fund; benefits; postretirement increases....................... HB 497 Peace Officers Fund; payment from fines in superior court cases. .............. SB 156 Peace Officers Fund; repeal physical exams, certain benefits. ................. HB 496 Probate Court Judges; cost of living benefit increase; restriction. ............. HB 779 Public School Employees; retirees; health insurance coverage. ................. SB 352 Public Systems; functions of Office of Treasury and Fiscal Services. ....... SB 162 Residential Retirement Communities; local assistance in promoting. ........... SR 199 Sheriffs' Fund; benefits; prospective, post retirement; adjustments. ........... HB 502 Sheriffs' Fund; payment from fines in superior court cases. .................... SB 156 Superior Court Clerks' Fund; payments from fines by court clerks. ............ SB 156 Superior Court Judges; spousal benefits coverage. ............................ SB 253 Teachers Retirement; benefit payments; deduction for membership dues........ HB 38 Teachers Retirement; delete reference; appointed education boards............ HB 316 Teachers Retirement; membership; rehired retiree; trustees per diem. ......... HB 781 Teachers Retirement; retirees; health insurance coverage. ..................... SB 352 Teachers Retirement; termination of membership; contributions. ............. HB 239 Trial Judges and Solicitors Fund; postretirement benefit increases. ........... HB 782
REVENUE AND TAXATION Ad Valorem; adjustments in millage rates; taxing jurisdiction duties........... HB 554 Ad Valorem; antique, hobby, special interest vehicles; tax based on $100. valuation. ..................................................... HB 520
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2418

JOURNAL OF THE SENATE

REVENUE AND TAXATION (Continued)

Ad Valorem; assessment; conservation use property; table of values. ........... HB 66

Ad Valorem; county appraisal staff; exempt commercial licensure. ............. SB 266

Ad Valorem; county board of tax assessors; election of members. .............. SB 126

Ad Valorem; county board of tax assessors; ineligible hold appraisal

staff position........................................................... HB 493

Ad Valorem; enterprise zones; property exempt county, municipal tax. ......... SB 166

Ad Valorem; enterprize zones; different tax treatment of property. ............ SR 206

Ad Valorem; exemption; blueberry plants; county referendum approval. ....... HB 664

Ad Valorem; homestead exemption applications, tax returns; receivers......... HB 222

Ad Valorem; homestead exemption; improper riling; surviving spouse.......... HB 835

Ad Valorem; intangible personal property; classify computer software. ........ HB 350

Ad Valorem; mobile homes; moving without required decals; penalties.......... SB 209

Ad Valorem; motor vehicles; county of return; redefine domicile. ............. HB 229

Ad Valorem; property assessment; appeals; written decisions, reasons......... HB 328

Ad Valorem; property assessment; limit percentage of increases................. SR 92

Ad Valorem; property assessment; taxpayer appeals; change procedures......... SB 296

Ad Valorem; property value; fair market value; existing use; timber. ........... SB 233

Ad Valorem; school funding; replace local tax with state sales tax.............. SB 205

Ad Valorem; school property tax digest; complaints; arbitrators. ............... HB 62

Ad Valorem; tax execution notices; homestead exemption. .................... SB 125

Ad Valorem; tax levying authorities; published reports; requirements. ......... HB 66

Ad Valorem; tax litigations and refunds; interest accrual. .................... HB 303

Ad Valorem; taxation of motor vehicles; heavy-duty construction equipment

owned by nonresidents.................................. HB 547

Alcoholic Beverages; distilled spirits; unpaid taxes; prohibitions............... HB 552

Alcoholic Beverages; sellers, users; increase taxes, fees; purpose. ........... SB 228

Alcoholic Beverages; wholesale dealers; taxes paid, stamps purchased;

clarify credits or refunds. ............................................... HB 551

Appropriations Bills; reduction in whole or in part by Governor. ......... SR 27

Appropriations; continuation budget; analysis of agency programs. ..... SB 188

Appropriations; education; mandatory funds; exclude lottery proceeds. .......... SR 91

Appropriations; expenditure limitations; excess revenues in reserve fund;

emergency spending; costs imposed local governments. ..................... SR 148

Appropriations; General; state FY 1993-1994. ............................ HB 259

Appropriations; supplemental; reallocate or reduce funds; authorize bonds for

defense accounting facility. .............................................. HB 86

Appropriations, Supplemental, SFY 1992-1993. ............................. HB 121

Appropriations; supplementary Acts by General Assembly not authorized. .... SR 63

Auditor, State; nomination and election held by General Assembly............ HR 427

Bills for Raising Revenue; appropriations; approval requirements. .............. SR 94

Bills for Revenue; taxes, fees, assessments; approval requirements............... SR 65

Bond Financing; public projects; state, local indebtedness; study of. ............ SR 37

Budgetary Responsibility Act of 1993; review of state agency programs. .... HB 41

Business and Occupation Tax; alcoholic beverage dealers; licenses.............. SB 228

Business, Professional Practitioners; local governments levying occupation tax;

criteria; limitations.

..................................... HB 362

Cigarette Vending Machines; registration; permits; violations. ................. SB 222

Code Revision; Title 48; correct errors and omissions. ....................... HB 145

Commissioner; collection of taxes on abandoned property; procedures. ..... HB 265

Commissioner; duties; table of values for conservation use property. ........... HB 66

Education; capital outlay requests; task force to review programs. ............... SR 8

Education; lottery proceeds; utilization of moneys; reports...................... SB 73

Education; tax dollars; task force to study optimum use of. ..................... SR 7

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REVENUE AND TAXATION (Continued)

Excise Taxes; alcoholic beverages; increase; public safety purposes. ............ SB 228

Excise Taxes; motor fuel; compressed natural gas; measure by gallon........... SB 141

Fees; Jekyll Island-State Park Authority; limitation on increases............... SB 147

Fees; license plates; special; repeal additional registration fees. ................ SB 138

Fees; probation supervision fees; failure to pay sanctions. ...................... SB 87

Fees, Taxes, Assessments; authorization; amend Constitution. ................... SR 6

Georgia Tax Laws; incorporate federal Energy Policy Act of 1992. ............ HB 218

Governmental Services; savings from privatization; study of. ................... SR 66

Grants to Counties Providing Services for Certain State Properties. ........... SB 202

Income Tax; adjustments; dividends of corporations; job tax credits. ..... HB 536

Income Tax; delinquent; levy depositor's bank account; methods.............. HB 275

Income Tax; delinquent; property subject to liens; surrender; release; levy

upon bank account; contesting assessments, fees........................... HB 269

Income Tax; incorporate federal laws; reduces state tax revenue. ............. HB 218

Income Tax; nonresidents; withholding tax on certain distributions. .......... HB 384

Income Tax; nonresidents; withholding tax, real estate transactions. .......... HB 385

Intangible Tax Rate; computer software; classify intangible property. ......... HB 350

Job Tax Credit; businesses locating in high unemployment areas.............. HB 536

Job Tax Credit; economic development incentives; study of. .................. SR 333

Liens; debtors owing taxes to state; withholding of lottery winnings. ........... SB 104

Local Option Sales Tax; use for convention or trade show facility............. HB 472

Motor Fuel Tax; compressed natural gas; measure by gallon................... SB 141

Motor Fuel Tax; dealer compensation; rate, reimbursement deduction. ....... HB 472

Motor Fuel Tax Laws; duties of terminal operators; documentation. .......... HB 630

Motor Fuel Tax; licensing, registration; DOT enforcement powers............. HB 145

Motor Fuel Taxes; compressed natural gas; measurement; dispensing.......... HB 928

Motor Vehicles; abandoned derelict vehicles; disposition; notices. .............. SB 340

Occupation Tax, Regulatory Fees; local levy; comprehensive revision. ......... HB 362

Office of Treasury and Fiscal Services; creation; powers, duties. ............... SB 162

Permit Fees; compressed natural gas; anhydrous ammonia storage.

.... HB 386

Property Tax Amnesty Program; enact; penalty waivers; sanctions. ............ SB 139

Public Funds; depository bank; pledge of security interests.................... SB 359

Revenue Bonds; issuance by North Georgia Mountains Authority. ....... HB 651

Revenue Bonds; powers of housing authorities; sales or investments. ........... SB 201

Revenue Bonds; Upper Savannah River Development Authority. .............. SB 342

Sales Tax; exemption; certain agricultural commodities, truck crops.

HB 786

Sales Tax; local option; hotel-motel; promotion of aviation museums. ......... HB 346

Sales Tax; motor vehicles purchased through casual sales; duties of county

tag agents to collect; compensation....................................... HB 784

Sales Tax; school funding; 1% increase state tax; replace local tax. ........... SB 205

Sales Tax; special county 1%, convention or trade show purposes; motor fuel

dealers collecting taxes, compensation rate. ............................... HB 472

Special Agents, Enforcement Officers; retirement at age 55. .................. HB 750

Special Agents, Enforcement Officers; weapon and badge retention. ........... HB 311

State Agencies; budgets; program reviews; performance audits; reports.......... HB 41

Tax Amnesty; local property taxes; waiver of penalties, prosecution. ........... SB 139

Tax Assessors; county boards; members; term of office. ....................... SB 158

Tax Assessors; county boards; receivers of returns, homestead exemption

applications............................................................ HB 222

Tax Commissioners, Collectors; salaries; increase minimum amount. ........... SB 282

Tax Executions; state taxes due on abandoned property. .................... HB 265

Tax Revenue; analysis of structure, sources; commission to study. ............. HR 91

Tax Revenue; re-create Joint Study Commission on Revenue Structure. ...... SR 44

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2420

JOURNAL OF THE SENATE

REVENUE AND TAXATION (Continued) Taxes, Fees, Assessments; requirements of General Assembly to enact. ........... SR 6 Taxpayers; inform of rights, obligations during audits, examinations............ HB 87 Unemployment Trust Fund; withdrawals; Labor Department expenses........ HB 349

REVENUE BONDS Bond Financing; public projects; state, local indebtedness; study of. ............ SR 37 Housing Authorities; investment, reinvestment limitation; bond sale............ SB 201 Issuance; financing Defense Accounting Facility upon base closure. ........... HB 86 Upper Savannah River Development Authority; scope of projects. ............. SB 342

REVISIONS TO GEORGIA CODE (See Code of Georgia)

REYNOLDS, LUTHER, NATIONAL 4-H CHAMPION; commend.

SR 82

REYNOLDS, STEVE; elected to State Transportation Board .............. Page 2248

RHODES, EDGAR, NATIONAL 4-H ALUMNI AWARD; commend.

SR 81

RHODES MEMORIAL HALL; rental agreement; headquarters for The Georgia Trust for Historic Preservation, Inc. ................................ SR 153

RICHARDS, ROY; commend. .............................. SR 30

RICHARDSON, DR. JOHN; introduced .................................. Page 541

RICHARDSON, JANICE; GA PTA, introduced ........................... Page 220

RICHMOND COUNTY Augusta Judicial Circuit; superior court judges; salary supplement. .......... HB 1095 Augusta-Richmond County Coliseum and Stadium Authority Act; membership; powers; managers; minority participation. .................... HB 843 Board of Tax Assessors; members appointed from each Senate district. .... SB 373 Juvenile Court; intake, probation services; transfer state system. .............. SB 366 Property Conveyance; convey 10 acre tract for fire station; lease land to Master City Little League, Inc.................................................. HR 167 Property Conveyance; Southern Bell Telephone Co.; grant easement. .......... SR 115 Superior Court; judges; salary supplement. ................................ HB 1023

RIDE-SHARING PROGRAMS Commuter Efficiency Program; state employees; car-pools, flex-time. ........... SB 124 Commuter Efficiency Programs for State Employees; urge development. ....... SR 211 Transportation Department; establishment; financial support of................. SB 93

ROBINSON, SENATOR PETE; excused due to illness ........... Pages 392, 490, 919

ROCKDALE COUNTY Ad valorem; school bond indebtedness; homestead exemption; certain residents. ............................................................ HB 1044 Superior Court; Rockdale Judicial Circuit; judges; salary supplement. .......... SB 258

ROLLER SKATING SAFETY ACT OF 1993; enact.

HB 140

ROME NEWS-TRIBUNE, 150TH ANNIVERSARY; commend.

SR 359

RONALD E. MCNAIR SENIOR HIGH SCHOOL BAND; recognizing.

SR 312

ROOFING CONTRACTORS; Licensing; new division of Construction Industry Licensing Board............................................ SB 190

ROWLAND, ROY; Congressman, 8th district; introduced, remarks ........... Pages 220

ROYAL, NANCY, 1993 GEORGIA TEACHER OF YEAR; commend.

SR 150

RUCKS, BRANDIE, NATIONAL 4-H CHAMPION; commend.

SR 75

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INDEX

2421

RULES OF THE SENATE; Adopt........................................ Page 19
RURAL AREAS Alternative Community Hospitals; licensing; acute care services................ SB 334 Medically Indigent; health care programs; dedicated revenue, funds. .......... HB 569
SADOMASOCHISTIC ABUSE Crime of Public Indecency; certain acts of sexual stimulation.................. SB 320 Obscene Materials Depicting; criminal offense relating to minors.............. HB 138
SAFETY BELTS (See Seat Safety Belts or Motor Vehicles)
SAINT PAUL AME CHURCH OF BRUNSWICK; congratulating.......... SR 301
SALES AND USE TAXES (Also See Revenue and Taxation) Authorization for State Purposes or Increasing; requirement to enact............. SR 6 Exemption; fruits, nuts, vegetables, Vidalia onions or truck crops. ............ HB 786 Motor Vehicles Purchased Through Casual Sales; taxes due; collection by county tag agents; compensation. ........................................ HB 784 School Funding; additional 1% state sales tax; replace local funding. .......... SB 205 Special County 1%; use for certain convention or trade show facility.......... HB 472
SALES REPRESENTATIVES; consumer crimes against elderly, disabled persons. ......................................................... SB 295
SALTWATER RECREATIONAL FISHERIES ADVISORY COMMISSION; creation. ................................................ SB 272
SAMUELS, LEON, SR.; sale of surplus state property; Baldwin County....... HR 122
SANDY SPRINGS, CITY OF; incorporation; charter; boundaries; powers. ..... SB 155
SATILLA RIVER; construction of check dams; study of. ...................... SR 19
SAVANNAH, CITY OF Coastal Area (Olympic) Games Authority; creation; powers; membership........ SB 145 Property Conveyance; local Labor Department office; disposition................ SR 64 Savannah-Chatham County Anti-Drug Commission Act; repeal. ............. HB 1123 Savannah St. Patrick's Day Parade Committee; commend..................... SR 242
SAVINGS AND LOAN ASSOCIATIONS (Also See Banking and Finance) Deposit Insurance; bank holding companies; ATM machines; reports. .......... SB 355 Loans or Advance of Money; interest, fees; maximum rate allowed. ............ SB 313
SCHLEY COUNTY; Ellaville-Schley County Charter Commission; create. . . HB 1076
SCHOOLS (Also See Education or Colleges and Universities or Teachers) Academic Olympic Challenge; urge motivate faculty, students, parents.......... SR 189 Affiliated Organizations; operation of raffles, casino gambling. ................. SB 140 Alternative High School Programs Regardless of Age; diploma credit.......... SB 341 Charter School Programs; grants; organization and operation of................. SB 79 Charter School Status; grants; criteria; procedures; petitions.................... SB 74 Child Nutrition Employee Appreciation Day; designate. ...................... SR 295 Construction Programs; Capital Outlay for Education Task Force................ SR 8 Council for School Performance; creation; duties; evaluate programs; utilization of lottery moneys; annual report. ......................................... SB 73 Damaging Property or Theft; offense of criminal trespass; penalties. ............ SB 42 Education Accountability and Evaluation Commission. ...................... HR 398 Education; additional goals, academic achievements by the year 2000. .......... SB 43 Elected Boards and Appointed Superintendents; statutory changes............ HB 300 Evaluations; standards for exemption; student performance.................... SB 316
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JOURNAL OF THE SENATE

SCHOOLS (Continued) Guidance Counselors, Social Workers, Psychologists; access to juvenile court records........................................................... HB 333 In-school Suspension Classes; qualifications of persons in charge. .......... SB 44 Kindergarten and First Grade Classes; reduce maximum class size. ............ SB 216 Primary and Upper Elementary Grades; funding for guidance counselors. ...... SB 204 Public; comprehensive evaluations; exemption; certain accreditation. ............ SB 40 QBE; evaluations; minimize classroom time; funding for counselors............. SR 217 QBE; program formula components, weights; urge task force to review. ........ SR 183 QBE; standards review policies; paperwork compliance; study of. .............. SR 215 Sales of Alcoholic Beverages Within Certain Distance Prohibited. ............ SB 301 School Buses; tires; change tread requirements. ............................. HB 214 Student Assessment; curriculum-based assessment results; disclosure. ........... SB 59 Student Assessment; llth grade graduation tests; field testing. ............ SB 316 Students; attendance problems; driving privileges suspended.................. SB 168 Students; task force to study achieving National Education Goals................ SR 7 Students; unexcused absences, academic deficiencies; driving privileges revoked. ......................................................... SB 198 Teachers and Other School Personnel; employment contracts. ................. SB 290 Thames, Elaine; National Counselor of Year; honoring. ....................... SR 346 Unpaid Volunteers Serving School Sponsored Functions; tort immunity. ........ SB 41 Voter Registration; deputy registrar designees............................... HB 297 Year-round Education Schedule; costs, benefits; committee to study. ........... SR 39

SCOTT, N. H.; recognizing.

................................ SR 366

SEARCH AND SEIZURE Controlled Substances Act; forfeitures; notices of seizure; content. ............ HB 712 Criminal Procedure; search warrants; lawful evidence obtained................. SB 113

SEARS COLLINS, JUSTICE LEAK; oath of office to Senators ........ Page 17

SEAT SAFETY BELTS (Also See Motor Vehicles) Bicycle Safety; passengers under age 4, secured seats; helmets. .................. SB 7 Child Passengers Under Age 16; restraining devices requirements. ............... SB 6 Passenger Vehicles; offense of failure to secure on a minor. .................... HB 4

SECRETARY OF STATE Cemeteries; registration; exempt cemetery of historical significance. ........... HB 641 Communications ......................................................... Page 13 Corporations; registration; incorporation, charter, bylaws, mergers; grounds for dissolution; registered agents; code revision. ........................... HB 149 Department of Archives and History; rental of Rhodes Memorial Hall to Georgia Trust for Historic Preservation, Inc. as headquarters. ............... SR 153 Department of Archives and History; state advisory board established.......... SB 271 Duties; Georgia Limited Liability Company Act. ............................ HB 264 Duties; terminated municipal corporations; list in 1995 Georgia Laws........... HB 84 Elections; campaign contribution disclosure reports; late fees. ................ HB 171 Elections; party nominations; qualifying petitions; cards; content.......... HB 606 Elections; primaries; voting for candidate of any political party. .............. SB 160 Elections; withdrawal of nominated candidates; affidavit; procedures. ......... HB 376 Financial Institutions; articles of dissolution; approval by Department of Banking and Finance. ................................................... SB 355 Georgia Historical Records Advisory Board; establishment..................... SB 271 Membership; Commission on the Preservation of the State Capitol............. SB 225 State Agencies; filing lists of grants awarded; public inspection. ................. SB 4 State Agencies; filing lists of grants awarded; public inspection. ............... SB 335

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SECRETARY OF STATE (Continued) Terms of Office; limitation; amend Constitution. ............................... SR 5 Terms of Office; limitation; amend Constitution. ............................. SR 140 Trademarks and Service Marks; registration by boards of education........... HB 538
SECURITIES Insurers; assets; authorized investments; certain securities. .................... SB 133 Insurers; domestic stock, mutual insurers; payment of dividends. ............. HB 949 Public Funds; depository bank; pledge of security interests. ................... SB 359
SELLING AND OTHER BUSINESS PRACTICES Advertisements; violations by residential mortgage lenders, brokers. .......... HB 237 Advertising Merchandise or Services; limited availability disclaimer. ........... HB 76 Agricultural Dealers; fresh produce; certificate of receipt and quality; time limitation for payment to producer....................................... HB 341 Alcoholic Beverages; license exemption; home produced malt beverages. .... HB 197 Alcoholic Beverages; sales by North Georgia Mountains Authority. ........... HB 651 Alcoholic Beverages; sales near church, school or treatment centers. ........... SB 301 Alcoholic Beverages; sales on Sunday; prohibit employee consumption.......... SB 314 Assistive Technology Warranty Act; rights of disabled persons................. HB 93 Auctioneers; licensure; qualifications; reciprocity; violations. .................. HB 826 Automobile Insurers; glass replacement, repair work; prohibited acts. ........... SB 47 Bicycle Rentals; persons under age 16; protective helmet requirement. ........... SB 7 Cigarettes, Tobacco Products; sales, free samples, vending machine sales; penalties for distribution to minors under age 18. .................. SB 222 Commercial Solicitation; element of chance promotional offers; driver improvement clinics; consumer complaints. ................................ SB 231 Consumer Crimes Against Elderly or Disabled; violations; penalties. .......... HB 193 Emergency Disaster Areas; after-disaster price increases prohibited. .......... HB 173 Firearms; dealers; purchaser warning; access to children........................ SB 68 Firearms; dealers; purchaser warning; offense of criminal storage............... SB 247 Firearms; dealers; purchaser warning; unsafe storage of loaded guns............ SB 360 Food Products; false information as to safety; damage actions. ............... HB 124 Fruit, Nuts, Vegetables, Vidalias, Truck Crops; exempt sales tax.............. HB 786 Glass Replacement Businesses; provide insured certain information. .......... SB 47 Home Health Care Services; unlicensed; deceptive advertising. ............... HB 335 Horticultural Growing Medium; product registration; stop sale orders. ........ HB 421 Lease Transactions; lessor, lessee, creditors; rights and remedies. ............. HB 395 Limited Liability Companies; regulate commercial entities, members. ......... HB 264 Motor Vehicle Distributors; special vehicle license plates; fees. ............... HB 116 Motor Vehicle Franchise Practices Act, Georgia; enact. ...................... HB 454 Motorized Wheelchair Warranty Act; enact. .................................. SB 11 Real Estate Brokerage Transactions; unfair trade practices. ................... SB 227 Residential Property, Condos; amenities; misrepresenting ownership....... SB 194 Retail Businesses; emergency disasters; price increases prohibited. ............ HB 173 Roller Skating Safety Act; duties of skaters, spectators, operators. ......... HB 140 Sales of Pulpwood and Timber Products; weights; tonnage or pounds. ........ HB 360 Ticket Agents; amusement, entertainment admission; service charges. ........ SB 309 Trade Secrets; offense of theft; expand definition; penalties. .................. SB 224
SEMINOLE COUNTY; designate; Chattahoochee Valley Trail Scenic Highway. ................................. SR 232
SENATE Adopt Rules for 1993 Session; amend Standing Committees. .................... SR 1 Amend Rules; entrance upon Chamber floor; designated staff. ................. SR 166
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2424

JOURNAL OF THE SENATE

SENATE (Continued) Amend Rules; General Consent Calendar for Commemorative Resolutions. ..... SR 165 Bills for Raising Revenue; approval by two-thirds of elected members........... SR 65 Bills for Raising Revenue or Appropriating Money; requirements. ............. SR 94 Committee on Ethics; issuance of subpoenas; procedures. .................... HB 972 McWhorter, Hamilton, Jr., retiring Secretary of the Senate; commend.......... SR 154 Members and Lt. Governor; limitation of terms of office. ....................... SR 5 Members and Lt. Governor; limitation of terms of office. ..................... SR 90 Members and Lt. Governor; limitation of terms of office. ..................... SR 140 Members; limit to six consecutive terms of office. ............................. SR 17 Morning Roll Calls................................... Pages 17; 51; 68; 79; 104; 118; 135; 154; 177; 196; 219; 291; 318; 344; 383; 405; 452; 486; 541; 580; 620; 646; 707; 756; 782; 819; 856; 893; 969; 1033; 1092; 1182; 1230; 1377, 1581, 1714, 1955 Morning Roll Calls; dispensed with March 15 due to snow................. Page 1307 Notify Governor; General Assembly convened. ................................. SR 4 Notify House of Representatives; Senate Convened. ............................ SR 2 Office of Secretary; placement of portrait; Hamilton McWhorter, Jr. ........... SR 196 Officials, Employees, Committees for 1993 Session............................ SR 3 Officials, Employees; compensation, housekeeping resolution ................. Page 20 Profiling Proposed Bills, Resolutions Prior to Convening; procedures. ......... SB 203 Profiling Proposed Bills, Resolutions Prior to Session; procedures. ............ HB 170 President Pro Tempore; Senator Wayne Garner elected ..................... Page 17 Rules; adopt............................................................. Page 19 Rules Calendar; supplemental calendar, 39th day ......................... Page 1913 Secretary of the Senate; Frank Eldridge, Jr. elected ......................... Page 18 Senate Districts 21, 32, 33, 37, 42, 48, 53, and 56; composition................ HB 964 Senatorial Districts No. 21, 32, 42, 53 and 54; change composition. ........... SB 361 Senators-Elect; certification of election ..................................... Page 13 Senators-Elect; oath of office .............................................. Page 17 Senators Serving 1963 General Assembly Session; honoring.................... SR 202 Sergeant at Arms; Matthew Hill elected ................................... Page 18 Standing Committees; appointed .......................................... Page 22 Standing Committees; limit term of chairman; amend Rules................... SR 108 Standing Committees; membership changes ............................... Page 527
SENATOR ABERNATHY; statement on SB 29 vote ...................... Page 124
SENATOR ALLEN Excused due to father's illness ...................................... Pages 390, 396 Excused due to illness in family.......................................... Page 994 Excused due to snow................................................... Page 1307
SENATOR BALFOUR; excused.......................................... Page 824
SENATOR BAUGH; received plaque ..................................... Page 185
SENATOR BROWN; statement on morning roll call ....................... Page 843
SENATOR CROTTS Excused due to illness.............................................. Pages 489, 544 Excused due to travel ................................................... Page 790
SENATOR DEAL; resignation letter to serve in Congress.................... Page 39
SENATOR DEAN; excused .............................................. Page 628
SENATOR EGAN; excused, medical appointment......................... Page 1068
SENATOR FARROW; excused due to snow .............................. Page 1307
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2425

SENATOR GARNER Excused, illness in family................................................ Page 318 Excused, personal business .............................................. Page 307 Statement on SB 105 vote ............................................... Page 724
SENATOR GILLIS; excused to attend funeral. ........................... Page 1231
SENATOR GLANTON; statement on morning roll call..................... Page 894
SENATOR HARBISON; excused due to illness in family............. Pages 442, 1476
SENATOR HEMMER; statement on SB 25 and SB 38 votes ............... Page 281
SENATOR HOOKS Statement on HB 352 vote .............................................. Page 839 Statement on SB 12 vote ................................................ Page 205
SENATOR HUGGINS; excused due to snow ............................. Page 1307
SENATOR ISAKSON; statement on SB 27 vote........................... Page 297
SENATOR JOHNSON; resignation letter to serve in Congress ............... Page 40
SENATOR KEMP; excused due to illness ................................. Page 364
SENATOR LANGFORD, 29TH Excused due to death in family ......................................... Page 1231 Explanation of SB 226 vote ............................................. Page 1119
SENATOR MADDEN; statement on morning roll call..................... Page 1582
SENATOR MARABLE; statement on SR 173 vote ........................ Page 742
SENATOR MIDDLETON; excused ..................................... Page 1069
SENATOR PARRISH Excused due to business in district ...................................... Page 1072 Statement on morning roll call........................................... Page 292
SENATOR RALSTON Excused due to snow................................................... Page 1307 Excused from voting on HB 206 ............................... Page 1236
SENATOR RAY Excused due to committee work.......................................... Page 219 Excused due to snow................................................... Page 1307
SENATOR ROBINSON; excused due to illness .................. Pages 392, 490, 919
SENATOR STARR; statement on roll call ................................ Page 607
SENATOR TAYLOR; excused due to snow .............................. Page 1307
SENATOR THOMAS; act as Chairman, Health and Human Services Committee ....................................................... Pages 342, 1226
SENATOR TURNER; statement on morning roll call ..................... Page 1092
SENATOR TYSINGER Excused due to doctor's appointment ..................................... Page 756 Excused due to illness.............................................. Pages 458, 490
SENATOR, U. S.; Sam Nunn; introduced, remarks ......................... Page 263
SENATORS; Reunion of Senators from 1963 with former governors .......... Page 697
SENIOR CITIZENS (See Elderly)
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2426

JOURNAL OF THE SENATE

SENIOR GEORGIANS WEEK AT THE STATE CAPITOL; recognizing. . . . SR 137

SENTENCE AND PUNISHMENT Child Molestation; second or subsequent conviction; imprisonment, not less than 5 years or for life.................................................. HB 130 Imprisonment for Life or Death Penalty; presenting evidence of impact of crime on victim or community; rebuttal. ................................. HB 486 Imprisonment for Life Without Parole; felony murder cases. ................. HB 485 Probation Terms, Conditions; confinement, county detention facility. .......... SB 270 Sentences Imposed Without Jury; 12 or more years imprisonment; review. ..... HB 79 Special Alternative Incarceration-probation Boot Camp; felony cases. ......... HB 352

SENTENCING FOR CRIMES AND OFFENSES Death Penalty; commuting sentence to life imprisonment; Governor approve. .... SR 99 Offenses of Drug Trafficking or Child Molestation; restrict parole. ............ SR 99

SEWERAGE (See Waste Management)

SEXUAL OFFENSES Child Abuse and Child Fatalities; prevention services; review panel. ........... SB 234 Child Abuse; offense of sexual abuse; redefined................................. SB 2 Child Abuse; offense of sexual abuse redefined; reports; fatalities. ............... SB 1 Child Molestation or Aggravated Child Molestation; imprisonment for not less than 5 years or for life.............................................. HB 130 Child Molestation; persons convicted; restrict granting of parole. ............... SR 99 Crime of Electronically Furnishing Obscene Materials to Minors.............. HB 138 Nude or Other Sexual Conduct; regulation of; amend Constitution. .......... SR 187 Public Indecency; certain acts of sexual stimulation, gratification. ............. SB 320 Sodomy, Offense of; exclude sexual behavior among consenting adults. ......... SB 350

SHAFER, DAVID J.; commend........................................ SR 297

SHAHAN, AMY, NATIONAL 4-H CHAMPION; commend.

SR 83

SHAKESPEARE, LEAK KATE; regrets at passing. ................... SR 26

SHARECROPPING AGREEMENTS; future crops; landowner secured transactions............................................................... HB 73

SHAVER, DOUG AND SHANNON RAY, TERRY BIGGERSTAFF; commend. ......................................................... SR 325

SHERIFFS (Also See Courts) Contracts; transporting arrested persons to other jurisdictions. ............... HB 107 Contracts With Municipalities for Police Services; powers; duties. ............ HB 936 Counties Over 400,000; civil service coverage for certain personnel. ............ SB 239 County Jails; inmate records; public records inspection provisions.............. HB 30 Deposit of Funds in Interest-bearing Accounts; repeal in certain counties; remittance of interest generated to Indigent Defense Council. .............. HB 403 Family Violence Protective Orders; effective statewide; enforcement. .......... HB 680 Liability; defense of actions in lieu of insurance; legal fees. .................. HB 343 Qualifications; exemption; registered peace officers........................... HB 205 Retirement; benefits; post retirement, prospective; adjustments. .............. HB 502 Retirement Fund; payments from fines in superior court cases................. SB 156 Salaries; minimum; cost-of living, longevity increases. ....................... HB 206 Vacancies; method to fill office; selection, superior court bailiffs............... HB 764

SHOAL CREEK BAND; introduced, musical rendition ...................... Page 13

SINCLAIR, JACKIE; Pierce County Farmer of the Year; commend.......... SR 220

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SKINNER, CHARLES L.; commend........................................ SR 279

SLOSHEYE TRAIL BIG PIG JIG BARBECUE COOKING CONTEST; recognize. ................................................................ SR 201

SLUDGE Waste-water treatment; disposal; land application; permits. .................. HB 228 Waste-water Treatment Operations; disposal and uses; study of................ HR 66

SMALL BUSINESSES; Minority Business Enterprise Development; redefine eligible persons.................................................... SB 291

SMITH, DR. HERMAN; Morris Brown College President; introduced ...... Page 1308

SMITH, GREG AND SHARON; congratulating. ............................ SR 270

SMITH, REVEREND DREYFUS C.; recognize. ............................ SR 249

SMOKING (See Tobacco Products)

SMYRNA, CITY OF; Cobb-Marietta Coliseum and Exhibit Hall Authority; members; residency............................................. HB 557

SOCIAL CIRCLE; board of education; reconstitute. ......................... HB 509

SOCIAL SERVICES (Also See Human Resources or Public Assistance)

AFDC Assistance; additional child born to recipient; welfare reform.

SB 58

AFDC; benefits; eligibility; disqualifications; welfare reforms.................... SB 26

Child Abuse, Child Fatality Prevention; review services coordination.

... SB 234

Child Abuse; reports; persons, entities having access to. ........................ SB 2

Child Care; federal grants; continue Georgia Child Care Council. .............. SB 197

Child-placing Agency; duties; foster parents, criminal records check. .......... HB 168

Child Support; delinquent support collectable from lottery winnings. .......... SB 104

Children At Risk; protective services; committee to study funding. ............ SR 313

Code Revision; Title 49; correct errors and omissions. ....................... HB 145

Disabled Persons; goods, services produced rehabilitation programs. ........... SB 372

Funding; federal, state; Office of Treasury and Fiscal Services. ................ SB 162

Gerontology, Geriatrics; health, human service program licensure. ............ HR 120

Gerontology, Geriatrics; urge professional educational initiatives. ............. HR 126

Juvenile Court Records; access by school counseling personnel. ............... HB 333

Licensees Sanctioned by Department of Human Resources; hearings in

contested cases; hearing officers.......................................... HB 322

Medicaid Recipients; parties to recovery action for tort claims. ................ SB 249

Medical Assistance Department; budgeted funds; reduce appropriations. ....... HB 86

Public Assistance; illegal aliens ineligible; acute medical care. ................. SB 164

Public Assistance; recipients; parties to recovery action for tort; legal notice

to Department of Medical Assistance...................................... SB 249

Public Housing Projects; qualified tenant management organizations. .......... SB 299

Welfare Assistance Reforms; unmarried mothers; unemployed individuals. ..... SB 26

Welfare Recipients; children; basic health care needs; insurance. .... SB 210

Welfare Recipients; private health insurance coverage; pilot program. .......... SB 208

SOCIAL WORKERS (See Counselors or Professions)

SODOMY; exclusion; private consensual sexual behavior among adults. ......... SB 350

SOLID WASTE (See Waste Management or Hazardous Materials)

SOUTHWIRE COMPANY; Roy Richards introduced ...................... Page 710

SPALDING COUNTY Griffin-Spalding County Board of Education; election districts. .............. HB 1070 Probate Court; judge; compensation. ...................................... HB 1013

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2428

JOURNAL OF THE SENATE

SPALDING COUNTY (Continued) Water and Sewerage Facilities Authority; members; change number of. ...... HB 1014

SPEECH-LANGUAGE; Pathologists; licenses; exemption; certain educational employees. ...................................................... SB 88

SPEED REGULATIONS; radar devices; evidence obtained in certain areas. .SB 116

SPIKES, DERRON, NATIONAL 4-H CHAMPION; commend............... SR 86

ST. MARYS, CITY OF; councilmembers; election districts; terms. ............ HB 814

STAGGERED TAG SALES (Also See Motor Vehicles and Traffic); license plate registration period; Emanuel County. ................................. HB 730

STALEY HIGH SCHOOL; commend. ................................ SR 368

STALKING, CRIMES OF; harassing, intimidating other persons; penalties...... SB 13

STANCIL, JENNIFER, NATIONAL 4-H CHAMPION; commend.

SR 70

STAPLETON, CITY OF; mayor and city council; two-year staggered terms. ................................................................. HB 1108

STARR, SENATOR TERRELL; statement on roll call .................... Page 607

STATE AGENCIES Administrative Procedure; contested case proceedings.......................... SB 77 Administrative Procedure; proposed rules; synopsis statement. ................ SB 129 Administrative Services Department; Fiscal Division abolished; transfer functions to other entities; designated director. ............................ SB 162 Agriculture Department; agreement with U.S. Department of Agriculture. ....... SB 18 Appropriations; expenditure limitations; amend Constitution. ................. SR 148 Auditor, State; nomination and election held by General Assembly............ HR 427 Budget Accountability and Planning Act of 1993; enact. ..................... SB 335 Budget Management; program reviews; 4-year strategic plan; reports. ......... SB 86 Budget Management; submission of 5-year plans; agency program review. ....... SB 5 Budget Requests; property acquisitions, leases; required reports.................. SB 8 Budgetary Responsibility Act of 1993; reviews; audits; 5-year plans. ......... HB 41 Budgets; continuing appropriations; reports due General Assembly. .......... SB 60 Community Affairs Department; transfer of Building Codes Program and Industrialized Building Program and staff to Insurance Commissioner. ...... HB 505 Complaints of Consumer Crimes Against Elderly or Disabled Persons. ..... SB 295 Complaints of Consumer Crimes Against Elderly or Disabled; referrals. ....... HB 193 Contracts; certified rehabilitation and training programs; records............... SB 372 Contracts; disparity in participation by minorities; assessment of. ............. SR 146 Contracts; minority business participation; bid opportunities. ................. SB 207 Contracts; minority business participation; procurement process. ........... SB 134 Department of Defense; intergovernmental agreements; new facilities............ SB 30 Department of Defense; issuance of bonds; Opportunity for Economic Growth Program of U.S. Department of Defense................................... HB 86 Documents, Forms; racial data; multiracial classification. ..................... SB 149 Employee Work Force; restructure; formulation of downsizing plans.............. SR 9 Employees; involuntary separation; positions unfilled permanently. ............ SB 129 Georgia Transportation Authority; creation; authorized projects................ SB 328 Grant Award Practices; Fair and Open Grant Act of 1993; enact............... SB 335 Grant Programs; fairness and openness in the awarding of; filing. ............... SB 4 Hearing Impaired Services; study creating entity to monitor................... SR 109 Insurance Commissioner; Construction Coder, Division created. ............... HB 505

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STATE AGENCIES (Continued) Insurance Commissioner; transferral to; Building Codes Program and Industrialized Building Program and staff from Community Affairs. ........ HB 505 Insurance Department; reclassify certain employee positions................... SB 339 Labor Department; duties; Georgia Commission on Women. ................. HB 68 Labor Department; expenses; withdrawals; Unemployment Trust Fund. ...... HB 349 Legislative Information Management; joint commission to study. ............. HR 332 Licensing Professions, Businesses; applicant question; history of sanctioned, revoked or suspended licenses. ........................................... SB 108 Liens for Moneys Due; debt collection from lottery prize winnings. ........... SB 104 Medical Assistance Department; budgeted funds; reduce appropriations. ....... HB 86 Mental Health; rehab programs; employees transacting business. .............. SB 159 Natural Resources Department; duties; ground-water usage; analyses. ........... SB 10 Natural Resources Department; grants to counties for public services. ......... SB 202 Office of Planning and Budget; duties; continuation budget report. ............ SB 188 Office of Treasury and Fiscal Services; creation; powers, duties. ............... SB 162 Officers and Employees; participating in political activities. .................... SB 55 Open and Public Meetings; repeal criminal penalties provisions............... HB 903 Open Records; votes taken by State Board of Pardons and Paroles. ............ SB 64 Pollution Prevention Assistance Division of DNR Established. ................ SB 200 Printing and Documents; stationery; printed telephone and FAX numbers. .... HB 82 Printing and Documents; stationery; telephone number requirements........... SB 70 Privatization of Maintenance Services; study of potential savings. .............. SR 66 Privatizing Functions; reducing state expenses; commission to study. .......... SB 260 Property Acquisition, Leases; disclose public official relationships. ............... SB 8 Public Employees; disclosing waste, fraud, or abuse without reprisal. ........... SB 89 Public Employees; disclosure of fraud, waste, abuse without reprisal. .......... HB 49 Public Records; admissibility as evidence when facsimile transmitted........... SB 244 Public Records; disclosure; exclude education institutions research. ........... HB 522 Public Records; inspection; exempton; nonexisting records.................... HB 246 Public Service Commission; reorganization; create independent Utility Finance Section; powers; duties; personnel qualifications. .................. SB 250 Purchases of Goods, Services Produced by Rehabilitation Programs. ........... SB 372 Purchasing Building Materials, Fixtures; life cycle cost....................... SB 192 Purchasing; paper, retreaded tires, compost, mulch; recycled products. ........... SB 9 Records; historical value issues; state advisory board established. ............. SB 271 Regulating Professions, Occupations; compensation as expert witness....... SB 229 Revenue Commissioner; duties; statement to inform taxpayer of rights. ...... HB 87 Roadway Lighting Projects; luminaires; urge minimize glare. .................. SR 216 Safety Fire Commissioner; licensing agency; motor vehicle racetracks.......... HB 213 State Owned Buildings; fuel consumption; urge energy conservation. .......... SR 173 State Use Council; procurement lists; certified programs, centers............... SB 372 Transportation Department; commuter efficiency program; authorize. ......... SB 124 Transportation Department; duties; removal of unattended vehicles. ........... SB 92 Transportation Department; duties; toll road collection enforcement. ........... SB 91 Transportation Department; engineer cost estimates, rejected bid proposals; disclosure not required; exception. ....................................... HB 301 Transportation Department; obstructions, encroachments causing damage to public roads; reimbursement for costs. ................................... HB 302 Transportation Department; ride-sharing programs; financial support. .......... SB 93 Traveling Expenses; use of personal vehicle; reimbursement rate. ............. HB 351 World Congress Center or Its Operating Agents; hiring practices................ SB 39
STATE BAR OF GEORGIA; Criminal Proceedings; legal assistants; law schools outside state. ................................................. HB 190
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2430

JOURNAL OF THE SENATE

STATE COMMISSION ON MENTAL HEALTH, MENTAL RETARDATION, AND SUBSTANCE ABUSE SERVICE DELIVERY; duties; extend to 1994. .................................... HB 100

STATE COURTS Civil or Medical Malpractice Actions; request for trial by jury. ................ SB 62 Clerks; funds paid into court registry; deposit interest-bearing account; remit to Indigent Defense Council. ...................................... HB 402 Clerks; services as clerk of magistrate court; compensation. ................... SB 196 County Dispute Resolution Programs; creation; trustees of funds. ............ HB 143 Glynn County; change terms; solicitor; compensation. ......................... SB 75 Judges; attorneys serving part-time without conflict of interest. ............... SB 120 Mclntosh County State Court; creation; powers; jurisdiction; terms............. SB 382 Solicitors and Investigators; lawful possession of firearms. ................... HB 490 Trial Judges and Solicitors; postretirement benefit increases.................. HB 782

STATE DEFENSE FORCE (See Military Affairs or National Guard)

STATE EMPLOYEES (Also See Public Officers and Employees or Merit System) Classified Service; sick leave; utilization; affidavits; reports. .................... SB 53 Commuter Efficiency Program; car-pools, van-pools; flex-time plans. ........ SB 124 Conflicts of Interest; exception; contracts, mental health agencies. ............. SB 159 Conservation Rangers; retention of weapon, badge after 25 years............. SB 306 Correctional Officers; two breaks during each 8-hour shift. ..................... SB 54 Disclosing Waste, Fraud, or Abuse Without Reprisal; complaint filing. .......... SB 89 Disclosure of Fraud, Waste, Abuse Without Reprisal; information processing; confidentiality. ............................................... HB 49 Insurance Department; reclassify certain employee positions. .................. SB 339 Involuntary Separation From Service; position unfilled permanently............ SB 129 Mental Health; reorganization of the service delivery system. .................. SB 49 Mental Retardation Facilities; exempt licensing as psychologists. ............. HB 400 National Guard; residents serving in other state; rights, privileges............. HB 428 Natural Resources Department; hourly paid employees; benefits. ............. HB 720 Office of Planning and Budget; policy coordinators; compensation............... SB 29 Political Activities; conditions to participate; expressing opinion. .............. SB 55 PSC Organizational Structure Revised; personnel qualifications; prohibited employment. ................................................. SB 250 Public Safety; Uniform Division; urge review compensation schedule. .......... SR 319 Retirement; Defined Contribution Plan; voluntary membership. ............ SB 251 Retirement System; creditable service; military service during WW II. ......... SB 255 Retirement System; members entitled to retire at age 55; identifies. .......... HB 750 Retirement System; membership; certain county juvenile employees. .......... SB 211 Retirement System; membership; Lake Lanier Islands Authority. .............. SB 377 Revenue Agents or Enforcement Officers; weapon and badge retention. ....... HB 311 Sick Leave; accrual; use of; excessive or abusive use. ........................ HB 167 State Forestry Commission; volunteers operating state vehicles. ................ SB 51 Transportation Efficiency Commuter Program; telecommuting; flex time. ....... SR 211 Traveling Expenses; use of personal vehicle; reimbursement rate. .......... HB 351 Work Force; downsizing goals; phased-in attrition plan.......................... SR 9 World Congress Center or Its Operating Agents; hiring practices............. SB 39

STATE FINANCING AND INVESTMENT COMMISSION

Approval Functions; actions by North Georgia Mountains Authority. ......... HB 651

Construction Division; projects; Georgia Transportation Authority.

.... SB 328

Membership; director of Office of Treasury and Fiscal Services. ............... SB 162

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2431

STATE GOVERNMENT (Also See individually named state agencies) Antitrust Liability; immunity of certain hospital authorities. ................. HB 689 Appropriations; authority of Governor to reduce in whole or in part. ........... SR 27 Appropriations; bills for raising revenue; approval requirements................. SR 65 Appropriations; bills raising revenue; General Assembly voting quorum. ......... SR 94 Appropriations; education; mandatory funds; exclude lottery proceeds. .......... SR 91 Appropriations; expenditure limitations; amend Constitution. ................. SR 148 Appropriations, General; state FY 1993-1994. .......................... HB 259 Appropriations; Lottery for Education Account; proceeds restrictions. ......... SB 100 Appropriations, Supplemental, SFY 1992-1993. ............................. HB 121 Appropriations; supplemental to HB 121, FY 1992-1993....................... HB 86 Appropriations; supplementary Acts not authorized; amend Constitution......... SR 63 Auditor, State; nomination and election held by General Assembly............ HR 427 Audits; agency program reviews; filing 5-year strategic plans..................... SB 5 Bond Financing of Public Projects; indebtedness; committee to study. ......... SR 37 Budget Processes; strategic planning; outcome based system; reports. .......... SB 335 Buildings and Facilities; costs of purchasing materials, fixtures. ............... SB 192 Chattahoochee Valley Area; amend interstate compact; clarify members. ...... SB 191 Claims Against the State; Albert and Delia Mae Lampkin; compensate. ...... HR 157 Claims Against the State; Craig J. Winkler; compensate...................... HR 263 Claims Against the State; Lorraine Strickland; compensate. .................. HR 155 Claims Against the State; Mrs. L. C. Poore; compensate. .................... HR 156 Claims Against the State; Nina Wilson; compensate. ......................... HR 96 Claims Against the State; Ricky Lee Boynton; compensate. ................... HR 78 Clark Harrison State Office Building; designate tribute to; Decatur............. SR 248 Contracts; competing for U.S. Defense Finance and Accounting Facility. ....... SB 30 Contracts; disparity in participation by minorities; assessment of. ............. SR 146 Contracts; military base closures; bonds to finance new facilities. .............. HB 86 Contracts; minority business participation; bid opportunities. ................. SB 207 Contracts; minority business participation; procurement process. .............. SB 134 Correctional Officers; two breaks during each 8-hour shift. ..................... SB 54 Council for School Performance; create; independent evaluating entity. ......... SB 73 Criminal Justice Coordinating Council; members; reduce number of. .......... HB 882 Elected Officials; limitation of terms of office. ................................. SR 5 Elections; Code Title 21; correct errors and omissions........................ HB 146 Ellis Gibbs Arnall Tribute Commission; select site on state property. .......... SR 156 Emergency Management; disaster areas; prohibited price increases. .......... HB 173 Employee Work Force; formulation of multiyear downsizing plans. .............. SR 9 Employees; involuntary separation; positions unfilled permanently. ............ SB 129 Employees; sick leave; utilization; affidavit of illness; reports. .................. SB 53 Employment Security Administration Fund; authorized withdrawals........... HB 349 English; designate as official language used in public records. ................. SB 127 Fiscal Division of Department of Administrative Services; transfer of functions to new successor agency......................................... SB 162 General Assembly; profiling proposed bills, resolutions; procedures. ............ SB 203 General Assembly; profiling proposed bills, resolutions; procedures. ........... HB 170 Georgia Commission on Women; member expenses; agency assignment. ........ HB 68 Georgia Defined Contribution Plan; voluntary employee membership. .......... SB 251 Georgia Historical Records Advisory Board; establishment..................... SB 271 Georgia Housing and Finance Authority; powers; bonds; financial assistance for health care services, facilities; industry and trade. ..................... HB 142 Georgia Music Hall of Fame Authority; members; expenses and travel......... HB 885 Georgia Sports Hall of Fame; appointment of additional members. .......... SB 304 Governing Bodies; open meetings; repeal criminal penalty provision. .......... HB 903
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2432

JOURNAL OF THE SENATE

STATE GOVERNMENT (Continued) Governor's Development Council; members; administrative attachment. ......... SB 29 Interstate Compacts; Historic Chattahoochee Commission; members............ SB 191 Interstate Rail Passenger Network Compact; enact; party states. ............. HB 966 Legislative Branch; information, communications management; study of. ...... HR 332 Lottery Prize Winners Owing Money, Taxes to State; withholding of winnings so liened; procedures...................!........................ SB 104 Minority Business Enterprise Development; redefine eligible persons. .......... SB 291 OCGA; revisions, modernizations; reenact statutory portion................... HB 145 Office of Planning and Budget; agency planning; review for approval. ............ SB 5 Office of Planning and Budget; Budget Accountability and Planning. .......... SB 335 Office of Planning and Budget; policy coordinators; compensation............... SB 29 Office of Treasury and Fiscal Services; creation; powers, duties. ............... SB 162 Officers and Employees; participating in political activities. .................... SB 55 Officers, Officials, Employees; motor vehicle expenses reimbursement. ......... HB 351 Pollution Prevention Assistance Division of DNR Established. ................ SB 200 Printing and Documents; forms; multiracial classification...................... SB 149 Printing of Official Documents in Other Languages; authorize. ................ SB 127 Privatization of Certain Services; study of potential savings. ................... SR 66 Privatization Review Act; use of private enterprise to supply goods. ........... SB 260 Property Conveyance; Atlanta; terminate Consolidated Lease with CAPCO lenders and Fairco Properties, Inc. ....................................... SR 119 Property Conveyance; Baldwin County Board of Education; easement. ........ HR 125 Property Conveyance; Baldwin County; sell to Leon Samuels; lease of depot tract to City of Cartersville........................................ HR 122 Property Conveyance; Burke County; electrical power lines easement........... SR 122 Property Conveyance; Butts County; repeal 1982 land conveyance. ............ HR 49 Property Conveyance; Calhoun, Clinch, Fulton, Hall Counties; easements. ...... SR 118 Property Conveyance; Carroll County; easement to Georgia Power Company. .. SR 142 Property Conveyance; Chatham County; easements; road widening project; structures on river bottoms............................................... SR 127 Property Conveyance; City of Montezuma; convey deed; industrial park. ...... HR 123 Property Conveyance; City of Winder; sewer line easement through Fort Yargo State Park. ................................................. HR 168 Property Conveyance; Cobb County; Bibb County; exchange of property........ SR 233 Property Conveyance; Cobb County; County Farm Road easement. ............ SR 207 Property Conveyance; Cobb County; County Farm Road easement. ............ SR 208 Property Conveyance; Cordele Farmers Market, electrical transmission line easement; City of Manchester, title to certain land tract. .................. SR 180 Property Conveyance; Forestry Commission; agreement with Glynn County; convey deed to Bulloch County Board of Education. ....................... SR 200 Property Conveyance; Fulton County; Carter Center, Inc.; lease of DOT property for roadside park. .............................................. SR 226 Property Conveyance; Gilmer County; easement; James and Romona Waller. . . HR 121 Property Conveyance; Habersham County; State Highway 365; sell land separated by improvements. ............................................ HR 229 Property Conveyance; Hall County; Corrections Diversion Center land; sell by competitive bid. .................................................... HR 228 Property Conveyance; Human Resources Department; convey deed to Goodwill Industries of Coastal Empire. ................................... SR 120 Property Conveyance; Labor Department; disposition of offices; Americus, Lake City, Savannah. .................................................... SR 64 Property Conveyance; Rabun County; sublease tower to Tim McCollum for paging antenna; Black Rock Mountain State Park......................... HR 182
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INDEX

2433

STATE GOVERNMENT (Continued)

Property Conveyance; Rhodes Memorial Hall; rental agreement with

Georgia Trust for Historic Preservation, Inc. .............................. SR 153

Property Conveyance; Richmond County; lease to Master City Little League,

Inc.; convey land to county for fire station................................ HR 167

Property Conveyance; Richmond County; telecommunications easement. ....... SR 115

Public Documents; depositor; University of Georgia Libraries director. ........ HB 463

Public Employees; disclosing waste, fraud, or abuse without reprisal. ........... SB 89

Public Employees; disclosure of fraud, waste, abuse without reprisal. .......... HB 49

Public Funds; depository bank; pledge of security interests.................... SB 359

Public Records; admissibility as evidence when facsimile transmitted........... SB 244

Public Records; disclosure exclusion; certain research information............. HB 522

Public Records; disclosure; exemption; archival records of historical value

donated or sold to public institutions. ................................... HB 254

Public Records; education personnel proceedings; agency's stationery. ........... SB 70

Public Records; inspection; exemption; nonexisting records. .................. HB 246

Public Utilities; Energy Qualifications and Overview Committee. .............. SB 250

Records; historical value issues; state advisory board established. .............. SB 271

Rehabilitation and Training Programs; contract work with state. .............. SB 372

Slush Fund Bills; grant awards; Fair and Open Grants Act of 1993.

...... SB 335

Slush Fund Bills; state grant awards; fairness and openness. .................... SB 4

State Agencies; administrative procedure; contested cases. ..................... SB 77

State Agencies; Budget Accountability and Planning Act of 1993. ............. SB 335

State Agencies; budget estimates; program review; plans; reports................ SB 86

State Agencies; budget estimates; 5-year plans; Agency Review Act. ............ SB 5

State Agencies; budget request; property purchase, leases; procedure. ......... SB 8

State Agencies; Budgetary Responsibility Act; legislative oversight. ........... HB 41

State Agencies; budgets; analysis of funds to continue programs. ........... SB 188

State Agencies; budgets; review eliminating expenses; privatization. ............ SB 260

State Agencies; continuing appropriations; program reviews; reports. ........... SB 60

State Agencies; grant awards; Fair and Open Grants Act of 1993. ............. SB 335

State Agencies; grant programs; Fair and Open Grants Act...................... SB 4

State Agencies; proposed rules; synopsis statement; certain employment

positions abolished. ..................................................... SB 129

State Agencies; purchasing, use of recyclable products, materials................ SB 9

State Agencies; stationery used; printed telephone and FAX numbers. ........ HB 82

State Agencies; stationery used; telephone number requirements. .......... SB 70

State Board of Pardons and Paroles; voting records; public inspection. ..... SB 64

State Capitol; placement of portrait of Leroy R. Johnson. .................... SR 213

State Capitol; preservation and use of; advisory commission created............ SB 225

State Constitution; statutes, amendments; public initiative petition. ........... SR 151

State Defense Force; functions; emergency management operations............. SB 368

State Employees; sick leave; accrual; excessive or abusive use................. HB 167

State Employees; transacting business with mental health agencies............. SB 159

State Flag; change appearance, description; state-wide referendum. ............ SB 136

State Flag; change design and description; state-wide referendum. .............. SB 71

State Flag; change design to original flag; state-wide referendum............... SB 248

State Flag Design Commission; creation. .................................... SB 186

State Housing Trust Fund for Homeless Commission; members; powers. ...... HB 293

State Language Used in Public Records; designate English. ................... SB 127

State Musical Theatre; Jekyll Island Musical Theatre Festival................. SB 371

State Owned Buildings; fuel consumption; urge energy conservation. ..... SR 173

State Properties Commission; proposed property transactions; analysis. .......... SB 8

State Symbols; official music; designate Jazz during February.................. SR 143

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2434

JOURNAL OF THE SENATE

STATE GOVERNMENT (Continued) State Use Council; creation; management by central nonprofit agency. ......... SB 372 Taxes Due State; debt collection against lottery prize winnings. ............... SB 104 Taxes, Fees, Assessments; requirements of General Assembly to enact............ SR 6 Taxpayers Bill of Rights; statement to inform taxpayer of rights............... HB 87

STATE PATROL (See Public Safety Department or Law Enforcement)

STATE PROPERTIES COMMISSION (See Property Conveyances or State Government)

STATE SYMBOLS Official State Flag; change appearance, description by referendum. .......... SB 136 Official State Flag; change design and description by referendum. .............. SB 71 Official State Flag; change design to original flag; referendum. ................ SB 248 Official State Flag; state commission to study if redesign warranted. ....... SB 186 Official State Language Used in Public Records; designate English. ............ SB 127 Official State Music During Month of February; designating Jazz. ............. SR 143 Official State Musical Theatre; Jekyll Island Musical Festival. ............... SB 371

STATE USE COUNCIL; creation; organization; powers, authority; membership. ................................................. SB 372

STATESBORO, CITY OF; corporate limits; property annexation; referendum. .................................................. SB 78

STEPHENS COUNTY; Board of Registrations and Elections; provide......... HB 457

STEROIDS, ANABOLIC; Table of Exempt Anabolic Steroid Products From Dangerous Drug Listing. ............................................ HB 374

STEWART COUNTY; Designate; Chattahoochee Valley Trail Scenic Highway. ............................................... SR 232

STOKES, REVEREND CHARLES L.; commend.

SR 261

STONE MOUNTAIN JUDICIAL CIRCUIT; superior court; additional judge. ................................... SB 232

STONE MOUNTAIN MEMORIAL ASSOCIATION; Projects of Certain Magnitude; evaluation, use of private firms. ................................ HB 941

STORM-WATER POLLUTION STUDY COMMITTEE.

SR 252

STRICKLAND, LORRAINE; claims against the state; compensate. ....... HR 155

STUDY COMMITTEES (See Committees, Study)

SUGAR HILL, CITY OF; change corporate limits......................... SB 383

SUICIDE ASSISTED DEATHS; prohibited acts; felony penalties. .......... HB 415

SULLIVAN, DR. LEWIS; Morehouse College President, introduced, remarks................................................................ Page 895

SUMNER, TOWN OF Incorporation, boundaries, powers......................................... HB 1124 Incorporation, boundaries; powers; elections; terms. ......................... HB 978

SUMTER COUNTY Board of Commissioners; election districts; terms; residency. ................. HB 465 State Court; January term of court; change beginning date. .................. HB 470

SUNSHINE IN LITIGATION STUDY COMMITTEE; Product liability cases. .................................. SR 292

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INDEX

2435

SUPERINTENDENTS OF EDUCATION Appointed Local Superintendent of Schools; statutory changes................ HB 300 Salaries Paid From State Funds; minimum regardless of system size. ........ HB 248
SUPERIOR COURTS (Also See Courts or Judicial Circuits) Appeals; criminal cases; defendant right to cross appeal; procedure............ HB 109 Augusta Judicial Circuit; judges; salary supplement; Burke, Columbia, Richmond Counties.......................................... HB 1023 Augusta Judicial Circuit; judges; salary supplement; Burke County............ HB 946 Augusta Judicial Circuit; judges; salary supplement; Burke County........... HB 1022 Augusta Judicial Circuit; judges; salary supplement; Columbia County.......... SB 254 Augusta Judicial Circuit; judges; salary supplement; Richmond County. ...... HB 1095 Bailiffs; selection and appointment......................................... HB 764 Brunswick Judicial Circuit; judges; district attorney; salary supplement; Jeff Davis County. .................................................... HB 1117 Brunswick Judicial Circuit; judges salary supplement; Appling County. ...... HB 1115 Brunswick Judicial Circuit; judges; salary supplement; Wayne County. ..... HB 1040 Chief Judge; fee disputes; request by sheriff for legal counsel................. HB 343 Clayton Judicial Circuit; judges; county salary supplement. ................... SB 179 Clerks; authorization to carry weapons. ..................................... SB 348 Clerks; create Georgia Clerks' Cooperative Authority; records management systems. .................................................. HB 243 Clerks; duties; deed records; riling EPA hazardous site inventory............... SB 294 Clerks; duties; federal tax liens; filing, indexing, recording...................... SB 85 Clerks; duties; Notice of Commencement by public works contractors. ........ HB 543 Clerks; duties; Notice of Commencement; property improvement; index. ... HB 545 Clerks; duties; Notices of Commencement of contractors; indexing. ......... HB 544 Clerks; fines, forfeitures, surcharges; partial payments; order of distribution to certain entities. ...................................................... SB 156 Clerks; investing or depositing funds in interest-bearing accounts; change provisions....................................................... HB 402 Clerks; lawful possession of firearms. ...................................... HB 490 Clerks; minimum salaries, cost-of-living, longevity increases. ................. HB 206 Clerks; real estate records; filing security interest; transmit central indexing system; document forms; fees. .................................. HB 244 Clerks Retirement Funds; payments; fines, forfeitures, surcharges. ........... SB 156 Clerks; voting materials; designate county records officer. ..................... SB 214 Cobb Judicial Circuit; additional judge; appointment; election. ....... SB 31 Conasauga Judicial Circuit; fourth judgeship. ................................ SB 261 County Dispute Resolution Programs; creation; trustees of funds. ............ HB 143 County Funding; disputes of adequate basic level; method to settle. ........... SR 192 Court Reporters; certification; disciplinary actions; depositions. ................ SB 356 Eastern Judicial Circuit; judges; salary supplement; Chatham County. ... HB 1038 Enforcement of Orders of State Election Board and Civil Penalties. ........... SB 215 Family Court Division; create; jurisdiction; assignment of judges. ............. SB 376 Family Violence Cases; granting of relief; offenses of stalking. .................. SB 13 Hearings to Determine Eligibility to Purchase a Firearm; procedures. ........... SB 12 Indigent Defense Council; additional members; governing authority appointments; local tripartite; powers in funded programs.................. HB 284 Judges, District Attorneys; secretaries; retirement service credit. ............ SB 378 Judges; part-time; conflict of interest; transferral of case. .................... HB 344 Judges; powers; removal of court reporters.................................. HB 489 Judges Retirement; spousal benefits; prior rejection of coverage. ............... SB 253 Mclntosh County; superior court; change term of court. ..................... HB 377 Oconee Judicial Circuit; judges; salary supplements.......................... HB 876
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2436

JOURNAL OF THE SENATE

SUPERIOR COURTS (Continued) Petitions for Divorce and Alimony; eliminate jury trials. ...................... SB 174 Petitions for Review; agency decisions on outdoor advertising signs. .......... HB 308 Piedmont Judicial Circuit; date of terms; Jackson and Barrow County. ....... HB 792 Rockdale Judicial Circuit; judges; salary supplement. ......................... SB 258 Sheriffs; contracts with municipalities for police services. .................... HB 936 Sheriffs; prospective and post retirement benefit adjustments. ........... HB 502 Sheriffs; vacancies in office; method to fill; selection of bailiffs................ HB 764 Stone Mountain Judicial Circuit; tenth judgeship............................. SB 232 Subpoenas; issuance in Fulton County behalf of Senate and House Committees on Ethics. ........................................... HB 972 Wiretapping; consent to record conversations by a child; orders................ HB 47
SUPREME COURT Appeals in Criminal Cases; defendant right to cross appeal; rules. ............ HB 109 Chief Justice Harold G. Clarke; address joint session ........................ Page 69 Chief Justice Harold G. Clarke; address joint session. ......................... HR 6 Duties; conflicts between courts, counties as to level of funding. ............... SR 192 Justices and Appellate Judges; invite General Assembly Session. ............... HR 5 Terms of Court; disposition of cases. ........................................ SB 76
SURETY BONDS Banks; depositories for public funds; securities in lieu of bond................. SB 359 Cash Bonds, Reserves of Bondspersons; duty of sheriffs to deposit. ..... HB 403 Home Inspectors; require bonds or liability insurance policy................... SB 330 Property Improvement Contractors; preserve rights of certain parties.......... HB 545 Public Works Contractors; actions on payment bonds, security deposits. ...... HB 543
SYCAMORE, TOWN OF; mayor, council; elections; city-wide council posts. HB 995
TALBOT COUNTY; Board of Education; reconstitute; election districts; terms; appoint superintendent. ............................................ HB 924
TALIAFERRO COUNTY; Board of Education; reconstitute; appoint school superintendent..................................................... HB 127
TALLULAH FALLS LAKE; restrict operation of houseboats. ............... HB 695
TATTOOING; health risk of equipment; committee to study regulation. ........ SR 198
TAX AMNESTY PROGRAM ACT; delinquent local property tax; penalty waiver. ........................................................... SB 139
TAX COLLECTORS, COMMISSIONERS Ad Valorem; adjustments in millage rates requiring tax increases. ............ HB 554 Ad Valorem; appraisers of county property; license exemption. ................ SB 266 Ad Valorem; motor vehicles; county of return; redefine domicile. ............. HB 229 Ad Valorem; tax levying authorities; published reports; requirements. ...... HB 66 Annual Salaries; increase minimum amount.................................. SB 282 Board of Tax Assessors; receipt of returns, homestead exemption applications.. HB 222 Board of Tax Assessors; taxpayer appeals; hearings; trials; costs. .............. SB 296 Board of Tax Assessors; taxpayer appeals; interest accrual. .................. HB 303 Counties; tax assessor boards; ineligible appraisal staff position. .............. HB 493 Counties; tax assessor boards; members; term of office. ....................... SB 158 County Board of Tax Assessors; members; provide for elections. .............. SB 126 Duties; collect sales tax; vehicles purchased through casual sales. ............. HB 784 Duties; collect special taxes, occupation taxes, or license fees. ................ HB 362 Duties; executions issued for ad valorem taxes. ............................ SB 125 Duties; homestead exemption; intent to deny notice; surviving spouse. ....... HB 835
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2437

TAX COLLECTORS, COMMISSIONERS (Continued) Duties; motor vehicle registration data; source for jury lists. .................. SB 193 Local Collection Officials; property tax amnesty program; procedures........... SB 139
TAX EXECUTIONS Abandoned Property; taxes due state; compel remittance; procedures.......... HB 265 Delinquent Income Taxes; surrender of property subject to levy. ............. HB 269
TAXATION (See Revenue and Taxation)
TAXPAYER BILL OF RIGHTS; statement to inform; contents; distribution... HB 87
TAYLOR, SENATOR MARK; excused due to snow ...................... Page 1307
TEACHER OF THE YEAR, GEORGIA; introduced, remarks .............. Page 621
TEACHERS Charter School Program; involvement; employment status...................... SB 79 Charter School Program; involvement of faculty, instructional staff. ........... SB 74 Education; additional goals, academic achievements by the year 2000. .......... SB 43 Employment Contracts; eligible personnel. .................................. SB 290 Guidance Counselors; primary, upper elementary grades; funding of........... SB 204 Instructors of the Blind, Visually Impaired; competency in braille. ............ SB 110 Middle or High School In-school Suspension Classes; persons in charge. ........ SB 44 Professionally Certificated Personnel; administrative proceedings................ SB 70 QBE; school evaluations; minimize class time; funding for counselors........... SR 217 QBE; standards review policies; paperwork compliance; study of. ............. SR 215 Retirement; benefit payments; deduction for membership dues. ............... HB 38 Retirement; delete references to appointed boards of education. .............. HB 316 Retirement; rehired retirees; reestablishment of membership.................. HB 781 Speech-language Pathology and Audiology; licensure; provisional................ SB 88 Student-Teacher Education; urge ethics, professionalism training. .............. SR 60 Teachers as Leaders Program; commend..................................... SR 258 Year-round School Schedule; costs, benefits; committee to study. ............... SR 39
TEACHERS RETIREMENT Appointed Boards of Education; delete references to......................... HB 316 Benefit Payments; deduction; nonprofit organization membership dues. ........ HB 38 Members; termination; contributions; payment directly to eligible retirement plan............................................................... HB 239 Membership; rehired retirees; per diem for board of trustees. ................ HB 781 Retirees; health insurance; continuation of coverage; premiums. ............... SB 352
TECHNICAL AND ADULT EDUCATION North Georgia Technical Institute, 50th Anniversary; recognize. ............... SR 167 Technical Training and Basic Academics; study program coordination. ......... SR 222
TELECOMMUNICATIONS (Also See Public Utilities) Broadcast or Print Media; notice of public called meetings................... HB 600 Cable; ETV 24-hour Channel; commend Altamaha Technical Institute.......... SR 133 Cellular Radio Telephones; penalty to intercept communications.............. HB 139 Electronic Transmissions; service of tax levy upon bank institutions........... HB 275 Emergency Call Boxes in Isolated Areas of State Highway System. ............ SB 213 Facsimile of Certified Public Records; when admissible evidence. ............. SB 244 Regulations, Representation; Utility Finance Section of PSC created. .......... SB 250 Southern Bell Telephone and Telegraph Company; property easement. ........ SR 115 Telephone and FAX Numbers; stationery used by state agencies............... HB 82 Telephone Numbers; requirements on stationery used by state agencies. ........ SB 70
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2438

JOURNAL OF THE SENATE

TELECOMMUNICATIONS (Continued) Telephones; emergency 911 providers; billing of subscribers on military bases; creation of joint authorities. ...................................... HB 719 Telephones; wiretapping; consent to intercept or record; court orders........... HB 47

TELFAIR COUNTY; Superior Court; judges; salary supplement. ............. HB 876

TEMPOROMANDIBULAR JOINT DISORDERS, TMJ; Health insurance coverage.................................................. SB 170

TENNESSEE; party state; Interstate Rail Passenger Network Compact. ....... HB 966

TERM LIMITATIONS Amend Constitution; General Assembly members.............................. SR 17 Amend Constitution; General Assembly members; Lieutenant Governor. ........ SR 90 Amend Constitution; General Assembly members; limit to four terms. ......... SR 140 Amend Constitution; General Assembly members; Lt. Governor; Other Executive Officers. ......................................... SR 5 Candidates for U.S. Senate and House of Representatives; limit terms. ........ SB 344 Persons Elected U.S. Senator and Representative; serve for 12 years. ...... SB 57

TERRELL COUNTY Board of Commissioners; election districts; reapportion; terms. ................ HB 33 Board of Commissioners; election districts; terms; requirements.............. HB 991 Board of Education; election districts; reapportion; chairperson. ............... HB 35

THAMES, ELAINE; introduced, remarks ................................ Page 1804

THAMES, ELAINE, NATIONAL COUNSELOR OF THE YEAR; honoring.................................................... SR 346

THEFT Carjacking; offenses involving theft; criminal penalties. ....................... SB 288 Offense of Misappropriation of Trade Secrets; definition; penalties. ......... SB 224 Property Improvements; conversion of payments; intent to defraud. ............ SB 50 School Property; criminal offense of school trespass; penalties. ................. SB 42 Stolen Vehicles; recovery reports; certain law enforcement agencies. .......... HB 172

THOMAS COUNTY; Board of Commissioners; election districts; composition; compensation; expenses. ...................................... HB 909

THOMAS COUNTY CENTRAL HIGH SCHOOL FOOTBALL TEAM; Commend. ............................................................... SR 129

THOMAS, HONORABLE LINDSAY; commend.

SR 331

THOMAS, SENATOR; serve as chair of Health and Human Services Committee ....................................................... Pages 342, 1226

THOMASTON-UPSON COUNTY OFFICE BUILDING AUTHORITY; Powers; clarify. .......................................................... HB 982

THOMSON, CITY OF; expenditures, fees; annual report; publication. ....... HB 1067

TICKET AGENTS; service charges; amusement, entertainment admission..... SB 309

TIFT COUNTY Designate; Lt. Harold "Pinky" Durham Medal of Honor Highway. ........... HR 400 Designate; Lt. Harold "Pinky" Durham Medal of Honor Highway; S.R. 35...... SR 251 Tifton, City of and Tift County; commend....................... SR 246

TIFTON, CITY OF

Ad Valorem Taxes; homestead exemption; residents over 65 years. ........... HB 115

City Manager; prohibit engage work outside city manager duties.

...... HB 114

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INDEX

2439

TIFTON, CITY OF (Continued) Commissioner Posts; municipal elections; date. ............................. HB 123

TIMBER

Timber Products; sell by weight on basis of tonnage or pounds. .........

HB 360

Valuation for Ad Valorem Purposes; criteria; fair market value. ............... SB 233

TIRES Scrap Tires; disposal restrictions; retailers, distributors; fees.................. HB 257 State Agencies; use of retreaded tires on vehicles........................ SB 9

TOBACCO PRODUCTS; Sales or Free Samples to Minors under Age 18 Prohibited; location of vending machines restricted. .......................... SB 222

TOILETS OR NONSEWERED TOILET SYSTEMS; Marine Toilets; restrictions; federal Clean Water Act over state law.......................... HB 528

TOLLWAY FACILITIES, PROJECTS; private operators.......... SB 328

TOOMBS COUNTY; Board of Education; nonpartisan nomination, election. HB 378

TORTS Dental Students Under Academic Supervision; liability immunity. ............. SB 165 Liability Immunity; unpaid, voluntary athletic team physicians. .............. HB 252 Liability Immunity; unpaid volunteers at school sponsored functions. ........... SB 41 Parties to Recovery Actions; medicaid recipients; legal notice. ................ SB 249 Roller Skaters, Spectators or Operators of Skating Centers; duties and liabilities; actions for damages. .......................................... HB 140 Wrongful Death of Spouse or Parent; division of money recovered. ............ SB 173

TOWING, WRECKER SERVICES
Derelict Vehicles Left Unattended or Inoperable; removal procedures. ......... SB 340 Licensees; contracts for services; failure to provide certain notices;
disposition of derelict vehicles; procedures. ............................... HB 447 Lien Foreclosure on Abandoned Motor Vehicles; affidavit filing fee............ HB 321 Wrecker Services; occupation taxes, regulatory fees; local authority............ HB 362

TOWNS COUNTY Board of Education; reconstitute; elections, districts, terms. .................. HB 338
North Georgia Mountains Authority; powers; alcoholic beverage sales. ........ HB 651

TRADE SCHOOLS; Nonpublic Postsecondary Education Commission. ..... SB 308

TRADEMARKS, SERVICE MARK OR TRADE NAMES Trade Secrets; offense of theft; expand definition; penalties. .................. SB 224 Trademarks and Service Marks; registration by boards of education........... HB 538

TRAFFIC (See Motor Vehicles and Traffic)

TRAMMELL, LINWARD; in memory of..................................... SR 62

TRANSPORTATION (Also See Highways or Public Utilities) Airports, Landing Fields; commercial expansion; referendum approval. .......... SB 94 Airports, Landing Fields; commercial expansion; referendum approval. ....... SB 351 Amtrak Passenger Rail Service Between Chicago and Florida; endorse restoration; multistate impact study...................................... HR 330 Department; commercial driveway permits; charges, fees; limitations. ......... HB 546 Department; cost estimates, rejected bids; disclosure not required............. HB 301 Department; property conveyance; Carroll County; sell easement to Georgia Power Company. ................................................ SR 142
Department; property conveyance; Fulton County; lease agreement; Carter Center, Inc. for roadside park. ..................................... SR 226

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2440

JOURNAL OF THE SENATE

TRANSPORTATION (Continued) Department; urge abandon widening Cleveland Avenue, Jonesboro Road. ...... SR 278 Department; urge employee efficiency commuter programs. ................... SR 211 Designate; Bobby Jones Crosswalk; Route 49, Shurling Drive, Macon........... SR 231 Designate; Chattahoochee Valley Trail Scenic Highway; SW counties........... SR 232 Designate; Dick Lane Bridge over Chattahoochee River; Fulton County. ...... HR 400 Designate; Floyd L. Norton Bridge; Jefferson County. ....................... HR 119 Designate; Freeman V. Horner Medal of Honor Highway on S.R. 219. ......... SR 234 Designate; General Lucius D. Clay Memorial Parkway; South Cobb Drive. ..... SR 158 Designate; General Ron Griffith Highway on S.R. 136 at LaFayette. ........... SR 228 Designate; Judge W. A. Foster, Jr. Bridge; Paulding County................... SR 68 Designate; Lanette O'Neal Faulk Memorial Bridge; Twiggs County............ HR 134 Designate; Lt. Harold Durham Medal of Honor Highway; Tift County. ........ SR 251 Designate; Lt. Harold Durham Medal of Honor Highway; Tift County. ...... HR 400 Designate; Phillip M. Landrum Memorial Highway; portion of 1-575. .......... HR 55 Designate; R. G. Daniell, Sr., Memorial Highway; Candler County. ............ SR 232 Designate; Syble W. Brannan Parkway in Cedartown. ........................ SR 69 Designate; Veterans Memorial Highway; Haralson County..................... HR 88 Designate; Walter L. Hardin Bridge; Walnut Creek on Route 49, Macon........ SR 230 Designate; Wayne Garner Parkway; State Highway 61; Carroll County. ....... HR 134 Facilities; powers of Upper Savannah River Development Authority............ SB 342 Georgia Transportation Authority; creation; powers; highways, rail passenger facilities; private operators; toll charges. ......................... SB 328 Highways; commercial vehicles operating without license; penalties.............. SB 52 Highways; commuters; state employees; car-pools, flex-time plans. ............. SB 124 Highways; Developmental Highway System; exclude the Outer Perimeter. ....... SB 98 Highways; emergency call boxes in isolated areas. ............................ SB 213 Highways; excess dimensions; loads of preengineered, premanufactured wood roofs, floor trusses; vehicle permits........................................ SB 238 Highways; public bus shelters; conditions for issuing a permit. ................ SB 343 Highways; removal of unattended, abandoned, incapacitated vehicles. ........... SB 92 Highways; restricted travel lanes; high occupancy vehicle violations. ............ SB 90 Highways; ride-sharing programs; establishment; financial support. ............. SB 93 Highways; toll charges; violations; nonpayment, evasion; penalties............... SB 91 Highways; truck tractors; maximum load length; unprocessed forest products; measurement; warning flag; amber lights.................................. HB 660 Highways; weight, load requirements; allowable methods for compliance. ........ SB 38 Limousine Carriers; registration; equipment safety; permits.................... SB 317 Local Government Public Services; consolidation to improve efficiency. ........ HB 83 Local Government Services; minimum standards; inactive municipalities........ HB 84 MARTA; use of tax revenues; limit for certain nonrecurring costs.............. SB 278 Multimodal Terminal; proposed Atlanta site; terminate certain lease. .......... SR 119 Naming, Renaming Landmarks; Commemorative Resolutions; Senate Rules. . . . . SR 165 Projects; enhancement activities as defined by federal law..................... SB 333 Public Transportation Systems; safety programs; comply federal Act. ......... HB 669 Rail Passenger Interstate System; Amtrak routes; party states compact; impact study; advisory council. .......................................... HB 966 Roadway Lighting Projects; urge technologies to minimize glare. .............. SR 216 Vehicles; ambulances, exclusion as to motor common carrier; pulpwood trailers, marker reflectors. .............................................. HB 242 Vehicles; ambulances, van pools, exemption as motor common carrier; require reflectors on pulpwood, pole trailers............................... HB 391 Vehicles Transporting Passengers; buses, vans; revise definition................. SB 80

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INDEX

2441

TRANSPORTATION BOARD, STATE Election of Emory McClinton ........................................... Page 2248 Election of Frank C. Pinkston ............................................ Page 38 Election of James Beverly Langford ..................................... Page 2248 Election of Steve Reynolds ............................................. Page 2248 Election of Tom Triplett ............................................... Page 2248 Election of William Langdale ........................................... Page 2248

TRANSPORTATION DEPARTMENT Highways; commercial driveway permits; limit amount of charges, fees. ....... HB 546 Highways; outdoor advertising signs; removal orders; judicial review. .......... HB 308 Intermodal Surface Transportation Efficiency Act; implement federal compliance; safety program plans and contents............................ HB 669 Motor Fuel Tax Registration, Licensing; enforcement officers; powers. ........ HB 145 Public Roads; activities causing obstruction, encroachment or damage; reimbursement for costs................................................. HB 302

TRAVELING SALESPERSONS; merchant or dealer employees; occupation taxes. ........................................................ HB 362

TRESPASS, CRIMINAL; offense of school trespass; penalties.................. SB 42

TREUTLEN COUNTY; Board of Education; members; increase compensation. ............................................................ SB 111

TRI-COUNTY HIGH SCHOOL OF BUENA VISTA; Commend Home Economics Program. ...................................... SR 218

TRIAL JUDGES AND SOLICITORS RETIREMENT FUND; Postretirement increases. ................................................. HB 782

TRIALS; motion for new trial; time extension to file transcript. ................. SB 33

TRION, TOWN OF; board of education; reconstitute; election districts.

HB 717

TRIPLETT, TOM; elected to State Transportation Board.................. Page 2248

TROUP COUNTY Ad Valorem Taxes; homestead exemption; elderly or disabled residents........ HB 930 Board of Education; election districts; qualifications; terms. .................. HB 108 Consolidated LaGrange City Schools and County System; municipal funds. . HB 839

TRUCKS

Commercial Vehicles Operating Without a License; penalties.

SB 52

Driver's License; commercial; restricted licenses; seasonal agricultural

employees. ............................................................ HB 759

Load Permits to Transport Certain Premanufactured Building Materials.

SB 238

Pulpwood Trailers and Pole Trailers; amber reflectors required. .............. HB 391

Pulpwood Trailers and Pole Trailers; side marker reflectors required. ......... HB 242

Tractors Transporting Unprocessed Forest Products; maximum load length

of 60 feet; measurement; warning flags; amber lights. ...................... HB 660

Vehicle Weight, Load Requirements; allowable methods for complying. ......... SB 38

TUCKER, NEZZIE BELL LASTINGER, 100TH BIRTHDAY; Commend. ............................................................... SR 227

TUGALO LAKE; restrict operation of houseboats. .......................... HB 695

TURFGRASS MONTH IN GEORGIA; designating April, 1993............... SR 268

TURNER COUNTY; Board of Commissioners; change compensation. ........ HB 1107

TURNER, SENATOR LOYCE; statement on morning roll call ............ Page 1092

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2442

JOURNAL OF THE SENATE

TWIGGS COUNTY Board of Commissioners; election districts; composition; terms................ HB 757 Board of Education; election districts; composition; terms. ................... HB 758 Designate; Lanette O'Neal Faulk Memorial Bridge over Flat Creek. .......... HR 134

TWIN CITY, CITY OF; corporate limits; annex certain right-of ways. ........ HB 987

TYBEE ISLAND, CITY OF; easement for beach renourishment; conditions. .. SR 121

TYSINGER, SENATOR JIM Excused due to doctor's appointment ..................................... Page 756 Excused due to illness.............................................. Pages 458, 490

UNEMPLOYMENT COMPENSATION (See Employment Security or Labor)

UNFAIR BUSINESS PRACTICES (See Fair Business Practices or Selling or Commerce)

UNIFORM COMMERCIAL CODE Lease Transactions; lessor, lessee, creditors; rights and remedies; comprehensive revision.................................................. HB 395 Security Interests; farm products of the debtor; commission merchants; file in real estate records; statement contents. ............................ HB 244

UNIVERSITY OF GEORGIA Director of Libraries; duties; state public documents depository. ............. HB 463

UGA 1992 Football Team and Coach Ray Goff; commend.

SR 155

UNIVERSITY SYSTEM (Also See Colleges or Education or Regents Board) Academics and Technical Training; study coordination of programs. ........... SR 222 Appropriations; lottery proceeds; restrict under certain conditions.............. SB 100 Board of Regents; foreign language credit for Sign Language; urge. ............ SR 128 Board of Regents; gerontology, geriatrics; urge faculty development. .......... HR 126 Laboratory, Equipment, Technology and Research Funding; study of............ SR 18 Outstanding Scholars on Academic Recognition Day; commend. ............... SR 221 Student Loan Programs; urge flexible federal rules for lenders................. SR 147 Teacher Education Programs; urge ethics, professionalism training. ............. SR 60

UPSON COUNTY; Thomaston-Upson County Office Building Authority;

Powers.

................................................ HB 982

U.S. GOVERNMENT (See Federal Government or Congress)

USED CARS, DISMANTLERS, SALVAGE Dealers; licensees; Georgia Limited Liability Company Act. .................. HB 264 Salvage and Rebuilt Vehicles; certificate of title; code revision. ............... HB 164

UTILITIES (See Public Utilities and Transportation)

VALDOSTA HIGH SCHOOL; football team and Coach, introduced ........ Page 220

VALDOSTA HIGH SCHOOL FOOTBALL TEAM AND COACH NICK HYDER; commend.

SR 139

VALDOSTA TECHNICAL INSTITUTE; President introduced............ Page 487

VENDING MACHINES DISPENSING CIGARETTES, TOBACCO PRODUCTS; restrict locations; prohibit sales to minors. .................... SB 222

VENEREAL DISEASES (See AIDS or Health)

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VERNONBURG, TOWN OF; election of officers; adopt Georgia Municipal Election Code............................................................. SB 144
VETERANS AFFAIRS (Also See Military Affairs) Disabled Veterans; free vehicle license plates and decals. ..................... SB 242 Disabled Veterans; hunting, fishing honorary licenses; legal weapons. ........ SB 243 Disabled Veterans; saltwater recreational fishing; honorary licenses............. SB 272 Disabled Veterans; special license plates; qualifying procedures. .............. HB 585 Handicapped and Impaired Veterans; housing accessibility standards........... SB 311 License Plates; special; Purple Heart veterans; waiver of fees. ................ HB 113 License Plates; special; retired veterans of U.S. armed forces. ................. SB 367 Veterans Memorial Highway; designate Highway 100, Haralson County........ HR 88 Veterans of WW II; creditable service; Employees Retirement System. ......... SB 255
VETERANS MEMORIAL HIGHWAY; designate; Highway 100, Haralson County. ......................................................... HR 88
VETERINARIANS Treatment, Care of Animals or Pets; charges due; liens; notice to owner of disposal or sale.......................................................... SB 130 Veterinary Medicine; Georgia Limited Liability Company Act. ............... HB 264 Veterinary Medicine; scope of practice; nonsurgical embryo transfer............ HB 63
VETOES BY GOVERNOR 1992 session ............................................................. Page 29
VICKERS, CLAUDE; elected State Auditor .............................. Page 1254
VICTIMS OF CRIME Crime Victims Compensation; claims; awards; raise maximum amount......... HB 690 Family Violence, Child Abuse Victims; use of force; self-defense. ................ SB 3 Notification of Offender's Death or Change of Custodial Status. ............... SB 252 Notification; offender's death, escape or change in custody status. ............ HB 211 Victim Impact Statement; judicial consideration in criminal cases............. HB 486 Victim Witness Assistance; funding; Atlanta Traffic Court fines............... HB 836 Victim Witness Assistance Programs; Atlanta Municipal Court. .............. HB 790
VILLA RICA, CITY OF; corporate limits; exclude certain territory annexed by 1988 amendatory Act. ........................................ HB 1106
VITAL RECORDS; Spontaneous Fetal Deaths; reporting; registration. ........ HB 842
VOLUNTEERS Physicians; unpaid team doctors for student athletes; tort immunity. ......... HB 252 Unpaid Volunteers at School Sponsored Functions; liability immunity........... SB 41
VOTING Absentee Ballots; counting and tabulation; challenged ballots. .................. SB 35 Materials; returns, ballots, documents; persons designated receive. ............. SB 214 Poll Officers, Superintendents; relatives of candidates ineligible; restrict activities near polling places...................................... HB 297 Polling Places; activities restricted within 150 feet of building. ............... HB 125 Registrars, Deputy Registrars; eligibility, registration card form, purging lists, written challenges, absentee ballots. ......................... HB 295 Registration Places; PSD license examine offices; Motor Voter Bill. ............ SB 131 Registration; precinct changes; registrars at schools or colleges................ HB 297 Voter Registrars; duties; list of registered voters for jury lists.................. SB 193 Voting; appeals from decisions denying; precinct maps; boundaries. ........... HB 802
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2444

JOURNAL OF THE SENATE

VULCAN MATERIALS COMPANY; commend. ........................... SR 361
WADA, MITSUSHI OF ROME; commend.................... SR 293
WADLEY, CITY OF; mayor and council; districts, terms, qualifications. ... HB 1088
WAGES; Child Support; income deduction orders; notice to payor. ............ HB 261
WALLER, JAMES L. AND ROMONA A.; grant easement; Gilmer County.. . HR 121
WALTERS, DR. DON; Pierce County Citizen of the Year; commend........... SR 220
WALTON COUNTY Board of Commissioners; reconstitute; election; terms; compensation. ........ HB 1017 Board of Education; election districts; change composition. ................... SB 259
WARE COUNTY; State Court; judge; change compensation. ................. HB 548
WARNER ROBINS, CITY OF; city council; elections; districts; terms. ....... HB 570
WARREN COUNTY Board of Education; reconstitute; election districts; terms. ................... HB 159 Probate Court; judge; compensation of clerical help.......................... HB 588
WARSAW GHETTO UPRISING, 50TH ANNIVERSARY; Recognizing courage. ...................................................... SR 347
WASHINGTON COUNTY Board of Commissioners; election districts; change description; terms; qualifications. ................................... HB 873 Board of Education; reconstitute; election districts; chairperson. .............. HB 875 Transfer from Oconee RDC to Central Savannah River; ratify; approve......... SR 238 Transfer from Oconee RDC to Central Savannah River RDC; ratify........... HR 360
WASTE MANAGEMENT (Also See Hazardous Materials or Landfills or Natural Resources) Hazardous Waste Management Authority; transfer staff, facilities to new Pollution Prevention Assistance Division. ................................. SB 200 Hazardous Waste or Pollutant Facilities; permits; public hearings. ............. SB 262 Local Government Services; consolidation to improve efficiency. ............... HB 83 Local Government Services; minimum standards; inactive municipalities........ HB 84 Pollution Prevention; toxic waste; evaluate businesses, industries.............. SB 200 Recycling; disposal restrictions on scrap tires, yard trimmings. ............... HB 257 Recycling; paper, retreaded tires, compost; state agencies compliance. ............ SB 9 Sludge Generated by Waste-water Treatment; disposal and uses; study. ........ HR 66 Solid Waste; biomedical; additional disposal facilities; study. .................. SB 381 Solid Waste; disposal of yard trimmings by chipping, composting. ............. SB 289 Solid Waste; disposal restrictions; yard trimmings, scrap tires. ............... HB 257 Solid Waste; facilities; standards; modifications, vertical expansion; permits; fees; restrictions on yard trimmings, tires. ........................ HB 257 Solid Waste; sludge disposal; environmental impact; study committee. ..... HR 66 Waste Control Law; illegal dumping defined; criminal penalties. ............... SB 275 Waste-Water; irrigation contractors; licensure; qualifications. ................. HB 516 Water Conservation; withdrawal permits; economic impact analysis. ............ SB 10 Water; industrial wastewater; pretreatment plants; certified analyst. .......... HB 283 Water; marine toilet restrictions; certain lakes; federal controls. .............. HB 528 Water Pollution Control; sewage treatment; adding sewer connections. .......... SB 19 Water Pollution Control; sludge land application sites; permits. .............. HB 228 Water Systems, Waste-water Treatment Plant Operators, Lab Analysts; training; certification; fees. .............................................. HB 283 Water Treatment; waste-water; sludge disposal, storage facilities. ......... SB 276
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WATERS, PORTS AND WATERCRAFT Boats; registration numbers; decal placement; power boat restrictions on Chattahoochee River; designated no ski areas. .............................. SB 16 Chattahoochee River Basin; amend interstate compact; clarify members. ....... SB 191 Code Revision; Title 52; correct errors and omissions. ....................... HB 145 Houseboats With Marine Toilets; restrict operation on certain lakes. ......... HB 695 Ports Authority; duties of Office of Treasury and Fiscal Services............... SB 162 River Bottoms in Chatham County; owners of structures on; easements. ....... SR 127 Saltwater Recreational Fishing and Charter Boat Fishing; licenses. ........... SB 272 Storm-Water Run-off; construction activities causing pollution................ SR 252 Vessels Having Marine Toilets; discharge restriction; certain lakes. ........... HB 528 Waste-water Treatment; residual sludge; disposal methods; pollution. .......... HR 66 Water Pollutants; public hearings prior to issuing facility permit.............. SB 262 Water Pollution Control; violations; additional sewer connections. ............. SB 19 Water; public systems, waste-water treatment; plant operators, lab analysts; training; certification; fees. .............................................. HB 283 Water Pumping Systems; irrigation contractors; licensure. ................... HB 516 Water Supply; committee to study check dams; Satilla, Altamaha, Ocmulgee, Oconee, Flint, and Alapaha Rivers. .............................. SR 19 Water Treatment; sludge disposal, storage facilities; regulate. ................ SB 276 Water Treatment; sludge land application sites; permits; approval. ........... HB 228 Water Well Contractors; license renewal; continuing education................ HB 224

WATKINSVILLE, CITY OF; city elections date; mayor, council; terms. ...... HB 940

WAYNE COUNTY Ad Valorem Taxes; county, school purposes; homestead exemption............ HB 745 Literacy Coalition, Altamaha Technical Institute, ETV Cable; commend. ....... SR 133 State Court; judge and solicitor; increase compensation. ..................... HB 746 Superior Court; judges; salary supplement. ................................ HB 1040

WEAPONS (See Firearms or Crimes)

WEBSTER COUNTY; Board of Education; reconstitute election districts...... HB 713

WELFARE REFORM (Also See Social Services or Human Resources or Medicaid) Public Assistance; additional child born; eliminate benefit increases. ........... SB 58 Public Assistance; teenagers; school attendance; LEARNFARE Program. ........ SB 66 Public Housing Projects; tenant management. ............................... SB 299 Recipients; benefits; eligibility; disqualifications; unmarried mothers; unemployed persons; redirect cost-savings to other programs. ................ SB 26

WELLS; water well contractors; license renewal; continuing education. ......... HB 224

WEST, GEORGE W., MOOSE LODGE NO. 1875 OUTSTANDING SERVICE; commend. ................................................ SR 315

WEST GEORGIA COLLEGE; Chi Phi Fraternity Chapter; recognizing. ...... SR 360

WESTERN JUDICIAL CIRCUIT; District Attorney; repeal certain Clarke County-paid staff positions. ........................................ HB 453

WHATLEY, ANDREA, NATIONAL 4-H CHAMPION; commend.

SR 71

WHEELCHAIRS; Motorized Wheelchair Warranty Act; consumer rights; enact...................................................................... SB 11

WHEELER COUNTY; Superior Court; judges; salary supplement............. HB 876

WHIDDON, SHERIFF PRESTON LAMAR; tribute to memory of........... SR 314

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2446

JOURNAL OF THE SENATE

WHISTLEBLOWER BILLS Public Employees; disclosing waste, fraud, or abuse without reprisal. ........... SB 89 Public Employees; disclosure of fraud, waste, abuse without reprisal. .......... HB 49

WHITE, REGGIE; Falcon Football Player, introduced ..................... Page 1198

WHITFIELD COUNTY Board of Commissioners; term limitations; chairman, change salary. ........... SB 151 Magistrate Court; full-time magistrate; nonpartisan election. .................. SB 167 Superior Court; Conasauga Judicial Circuit; fourth judgeship. ................. SB 261

WHITWORTH, BOBBY JOE Urge rename Hart County Probation Detention Center for him. ............... SR 304 Urge rename Hart County Probation Detention Center for him. ............... SR 354

WIGH, RUSSELL, M.D.; commend. ........................................ SR 338

WILBER, JOSEPH E., M.D.; commend. ................................... HR 359

WILBUR, JOSEPH E., M.D.; recognizing.

SR 14

WILDER, SHARON FARRIS; commend.

SR 33

WILDLIFE PROTECTION STUDY COMMITTEE.

SR 259

WILEY, BILL; introduced, remarks ....................................... Page 542

WILKES COUNTY Board of Commissioners; election districts; composition; terms................ HB 120 Board of Education; election districts; change composition; terms. ............ HB 119 Board of Education; member; term of office; expiration date.................. HB 586 Coroner; annual salary in lieu of fees....................................... HB 780

WILKINSON COUNTY Board of Commissioners; election districts; change composition. .............. HB 595 Magistrate Court; chief magistrate, clerk; personnel; compensation. .......... HB 1046 Sheriff and Personnel; compensation; benefits. ............................. HB 1031 Superior Court; office of clerk; personnel; compensation; benefits............. HB 1032 Tax Commissioner; personnel; compensation; benefits. ...................... HB 1033 Transfer from Oconee RDC to Middle Georgia RDC; ratify and approve. ...... SR 238 Transfer from Oconee RDC to Middle Georgia RDC; ratify and approve. ... HR 360

WILLIAMS, MARGUERITE NEEL; commend. .......................... SR 179

WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES Ad Valorem; homestead exemption; notices to surviving spouse. .............. HB 835 Estates; year's support of family of the deceased; increase amount. ............. SB 81 Guardians or Fiduciaries; renunciation of property interest. ................... SB 189 Inheritance by Illegitimates; paternity; evidence; genetic testing................ SB 148 Probate of Foreign Wills; recording in county in which property lies. ......... HB 361 Wills; lost or destroyed; petitions for probate. ............................... SB 256 Year's Support; define term; child entitled to inherit. ........................ SB 172

WILSON, NINA; claims against the state; compensate. ....................... HR 96

WINDER; property conveyance; sewer line easement; Ft. Yargo State Park. ... HR 168

WINE (Also See Alcoholic Beverages); wholesale dealers; deliveries in vehicles owned by employees. ............................................. HB 551

WINKLER, CRAIG J.; claims against the state; compensate. ............. HR 263

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2447

WIRETAPPING

Cellular Radio Telephones; prohibit interception of communications.

HB 139

Telephonic Communication; consent to intercept; minors; court order. ......... HB 47

WOMEN'S ISSUES Female Business Enterprises; bidders on public works contracts. ............. HB 281 Georgia Commission on Women; member expenses; agency assignment. ........ HB 68

WORKERS' COMPENSATION

Appeals; review of cases by administrative law judges........................ HB 677

Benefits; forfeiture; injuries caused by intoxication or drug use.

... SB 235

Employee Compensable Injuries; independent medical examination............. SB 267

Exclusion; independent contract carriers for publisher or distributor of

printed materials. ...................................................... HB 678

Exclusion; small employers providing other type insurance coverage. ........... SB 176

Ineligible Employees; inmates or persons sentenced work release or

community service programs; exception.................................... SB 273

Injured Workers; medical tests; procedures; listing of providers. ............... SB 300

Insurance; counselors; ancillary services; transaction fees. .................... HB 540

Insurance; premium discounts; drug-free workplace programs.

SB 310

Insurance; premium reduction; drug-free workplace program;

certification requirements. .............................................. HB 811

Insurance; substitute systems, standards, approval; insolvent insurer

guarantors, payment of claims. ........................................... SB 273

Insurers; data submitted rating organization on insured; disclosure. ...

HB 677

Insurers; policy cancellation; notices dispatched by certified mail.............. HB 482

Insurers; policy cancellation or nonrenewal; notice requirements. .............. SB 240

Rehabilitation Counselors; occupational therapy licensing exception. ........... SB 115

Self-Insurance Funds; restrictions; unlicensed agents, counselors. ............. HB 677

Self-insurance Funds; unlicensed agents or counselors; restrictions. ........... HB 527

State Board; fatal occupational injuries; records disclosure. ................... SB 103

WORLD CONGRESS CENTER Authority; property lease; Office of Treasury and Fiscal Services. .............. SB 162 Hiring Practices; requirements; residents of area neighborhoods................. SB 39 Property Conveyance; easement for power lines; Georgia Power Company.. ... SR 118

WORLD VISION 30 HOUR FAMINE PROGRAM; commend.

SR 145

WORTH COUNTY; State Court; solicitor; change salary. ................... HB 1096

WRECKERS (See Towing, Wrecker Services)

WRIGHT, DUSTIN, NATIONAL 4-H CHAMPION; commend.

SR 73

YON AH LAKE; restrict operation of houseboats............................. HB 695

YOUTH ART MONTH; recognize ........................................ Page 716

YOUTH DEVELOPMENT CENTERS Property Conveyance; Cobb County; exchange and accept certain land. ........ SR 233 Property Conveyance; Cobb County; road easement........................... SR 207 Property Conveyance; Cobb County; road easement........................... SR 208

YWCA FAMILY CENTER OF BRUNSWICK, 75TH ANNIVERSARY; recognize. ................................................................ SR 299

ZONING (Also See Property or Local Government) Land Use; restrictive covenants; subdivisions; renewal; terminate.............. HB 556 Zoning Ordinances; adoption procedures; boundaries, hearings. ............... HB 810

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