Journal of the Senate of the State of Georgia regular session 1994 volume one, commenced at Atlanta, Georgia, Monday, January 10, 1994 and adjourned Wednesday, March 16, 1994

Compiler's Note
The Journal of the Senate for the regular session of 1994 is bound in two separate volumes. Volume One contains January 10, 1994 through March 3, 1994. Volume Two contains March 4, 1994 through March 16, 1994 and the complete index.

JOURNAL
OF THE
SENATE
OF THE
STATE OF GEORGIA
REGULAR SESSION 1994
VOLUME ONE
Commenced at Atlanta, Georgia, Monday, January 10, 1994 and adjourned Wednesday, March 16, 1994
Printed on Recycled Paper

OFFICERS
OF THE

STATE SENATE

1994

PIERRE HOWARD

President (Lieutenant Governor)
FULTON COUNTY

PETE ROBINSON .......................... President Pro Tempore
MUSCOGEE COUNTY

FRANK ELDRIDGE, JR..................... Secretary of the Senate
WARE COUNTY

MATTHEW HILL ................................ Sergeant at Arms
BARTOW COUNTY

STAFF OF SECRETARY OF SENATE
ALICE ENRIGHT ................................ Deputy Secretary
FULTON COUNTY
ROBERT EWING .............................. Assistant Secretary
DeKALB COUNTY
DEBBIE SORRELLS................................. Journal Clerk
GWINNETT 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
JEFFREY FOLEY ............................ Assistant to Secretary
DeKALB COUNTY
AMANDA LONG ............................. Assistant to Secretary
HENRY COUNTY

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

Senators

District

Address

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

A. C. (Bob) Guhl (R).............. 45 ......... Social Circle

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

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

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

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

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

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

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

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

Hinesville

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

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

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

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

Rome

Perry McGuire (R)................ 30 ...... Douglasville

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

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

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

Representatives

'.District

Address

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

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

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

Riverdale

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

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

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

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

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

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

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

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

Gordon

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

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

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

.Buford

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Mickey Channell (D) ........... .111 ...... ....... Greensboro

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

Rome

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

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

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

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

Carlton H. Colwell (D)

... 7 ......

Blairsville

Jack Connell (D) ................ 115 Cathy Cox (D).............. 160 Mack Crawford (R) .............. 129 Ron Crews (R) ................... 78 Ronnie Culbreth (D) ............. 132 Bill Cummings (D)................ 27 Grace W. Davis (D) ............... 48 J. Max Davis (R) ................ 60 John David Dickinson (R) ......... 83 Scott Dix (R)..................... 76 Harry D. Dixon (D) .............. 168 Sonny Dixon (D) ................ 150 Denny M. Dobbs (D).............. 92 Earl Ehrhart (R).................. 36 Carl Von Epps (D)............... 131 Mike A. Evans (R) ................ 28 Dorothy Felton (R) ............... 43 James M. Floyd (D).............. 172 Johnny Floyd (D)................ 138 John F. Godbee (D).............. 145 Tim Golden (D) ................ 177 Bill Goodwin (R) ................. 79 Gerald E. Greene (D) ............ 158 Denmark Groover, Jr. (D) ........ 125 John W. Hammond (D) ........... 32 Bob Manner (D) ................. 159 Bobby Harris (D) ................ 112 Melanie Harris (R)................ 17 Bettieanne Childers Hart (D) ..... 116 Keith G. Heard (D) ............... 89 June Hegstrom (D) ............... 66 Bill Hembree (R) ................. 98 Michele Henson (D)............... 65
Ray Holland (D)................. 157 Bob Holmes (D) .................. 53 Henry Howard (D) ............... 118 Newt Hudson (D)................ 156 David Hughes (D) ................ 19 Carolyn Fleming Hugley (D) ...... 133 Robert A. Irvin (R) ............... 45 Lynmore James (D) .............. 140 Mary Jeannette Jamieson (D) ...... 22 Curtis S. Jenkins (D)............. 110 Diane Harvey Johnson (D)........ 148 Dorothy Gail Johnson (R) ......... 97

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

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

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

DuBose Porter (D) ............... 143 McCracken (Ken) Poston, Jr. (D) . . . 3 Alan T. Powell (D) .............. .23 Ann R. Purcell (D) ............... 147 Ben Purcell (D) .................. .. 9 William C. (Billy) Randall (D) . . . 127 Mamie M. Randolph (D) ......... 72 Robert Ray (D) .................. 128 Henry L. Reaves (D) ..............178 Robert A.B. Reichert (D) ......... 126 Lawrence R. Roberts (D) ..........162 A. Richard Royal (D) ........... .164 John Scoggins (D) .............. . . 24 Tom E. Shanahan (D) ........... 10 Tom Sherrill (D) ............... . . 62 Kem Shipp, Sr. (R) ............. . . 38 John Simpson (D) .............. .101 Georganna T. Sinkfield (D) ...... . . 57 Jimmy Skipper (D) ............. .137 Charles C. Smith, Jr. (D) ........ .175 Larry Smith (D) ................ .109 Paul E. Smith (D) .............. . 12 Tommy Smith (D) .............. .169 Vance Smith, Jr. (R) ......... .102 Willou Smith (R) ............... .174 Calvin Smyre (D) ............... 136 Mike Snow (D) ................. ...2 Frank E. Stancil (D) ............ . . 91 Steve Stancil (R) ............... . . 16 LaNett L. Stanley (D) ........... . . 50 Pamela Stanley (D) ............. . . 49 Tommy Stephenson (D) ......... . . 25 Van Streat (D) ................. .167 Maretta Mitchell Taylor (D) . . . . . 134 Sharon Beasley Teague (D) ...... . . 58 Doug Teper (D) ................ . . 61 Charles Thomas (D) ............ .100 Eugene C. Tillman (D) .......... .173 Theo Titus, III (R) ............. .180 Matt Towery (R) ............... . . 30 Sharon Trense (R) .............. . 44 Henrietta E. Turnquest (D) ...... . . 73 Ralph J. Twiggs (D) ............ . .. 8 Jack Vaughan (R) .............. . . 34 Larry Walker (D) ............... 141 Vinson Wall (R) ................ 82

. . ....... Dublin

...... ....... Ringgold

...... ....... Hartwell

...... ....... Rincon

...... ....... Clarkesville

...... ...... Macon

...... ...... Atlanta

...... ...... Fort Valley

...... ..... .Quitman

.... ....... Macon

...... ....... Albany

...... ....... Camilla

...... ....... Danielsville

...... ....... Calhoun

...... ....... Atlanta

...... ....... Kennesaw

...... ....... Carrollton

..... ....... Atlanta

..... ..... .Americus

...... ....... St. Marys

...... ...... .Jackson

...... ....... Rome

...... ....... Alma

...... ....... Pine Mountain

...... ...... Brunswick

...... ..... Columbus

...... ....... Chickamauga

....... ....... Watkinsville

....... Canton

...... .... .Atlanta

...... ...... Atlanta

...... ....... Commerce

...... ....... Nicholls

...... ....... Columbus

...... ....... College Park

...... ....... Atlanta

...... ....... Temple

...... ....... Brunswick

...... ....... Thomasville

...... ....... Atlanta

...... .... Atlanta

......

Decatur

...... ....... Hiawassee

...... ....... Marietta

...... ....... Perry

...... ....... Lawrenceville

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

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

MONDAY, JANUARY 10, 1994

13

SENATE JOURNAL
Senate Chamber, Atlanta, Georgia Monday, January 10, 1994 First Legislative Day
The Senators of the General Assembly of Georgia for the years 1993-94 met pursuant to law in regular session in the Senate Chamber at 10:00 A.M. this day, and were called to order by Lieutenant Governor Pierre Howard, President of the Senate.
The following communications were read by the Secretary:
The State Senate Atlanta, Georgia 30334
April 7, 1993
Honorable Zell Miller Governor Georgia State Capitol Atlanta, Georgia 30334
Dear Governor Miller:
Please accept this letter as my resignation from the Georgia State Senate, District 30, to become effective at noon this date, April 7, 1993, to accept an appointment to the State Board of Pardons and Paroles.
Sincerely,
/s/ Wayne Garner
STATE OF GEORGIA Office of the Governor
Atlanta 30334-0900
April 7, 1993
Honorable Wayne Garner State Senator 236 State Capitol Atlanta, Georgia 30334
Dear Wayne:
This will acknowledge receipt of your recent correspondence in which you tendered your resignation as a member of the Georgia State Senate, District 30. By copy of this letter, your resignation is hereby accepted, effective at noon this date, April 7, 1993.
Your service to the State of Georgia in the above capacity is greatly appreciated, and I extend to you my best wishes for the future.
With kindest personal regards, I remain
Sincerely,
/s/ Zell Miller

14

JOURNAL OF THE SENATE

Secretary of State Elections Division 110 State Capitol Atlanta, Georgia
30334-1505
July 9, 1993
The Honorable Frank Eldridge, Jr. Secretary of the Senate 353 State Capitol Atlanta, Ga. 30334
Dear Secretary Eldridge:
I am transmitting herewith the name of the Senator elected in the June 15, 1993 Special Election for the office of State Senate in the General Assembly of Georgia from District 30, as the same appear from the consolidated returns which are of file and record in this office.

With kindest regards and best wishes, I am
Most sincerely, Is/ Max Cleland
Secretary of State

STATE OF GEORGIA Office of Secretary of State

I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the consolidated returns on file in this office for the Special Election was held on the 15th day of June, 1993, in District 30 of the State Senate, in Carroll County and portions of Douglas County to fill the vacancy existing due to the resignation of the Honorable Wayne Garner, show the following results:

Parks W. Burton Craig Hardegree Jim Head Perry McGuire Tracy Stallings

Carroll 602 308 943 2210 2784

Douglas 50 50 213 1879 375

Total 652 358 1156 4089 3159

Inasmuch as no candidate received a majority of the votes cast, a Special Runoff Election was held on June 29, 1993 and the consolidated returns on file in this office show the following results:

Perry McGuire Tracy Stallings

Carroll 3288 4855

Douglas 2587 660

Total 5875 5515

Having received a majority of the votes cast, Perry McGuire was duly elected to this office.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 9th day of July, in the year of our Lord One Thousand Nine Hundred and Ninety-three and of the Independence of the United States of America the Two Hundred and Eighteenth.

(SEAL)

M Max Cleland Secretary of State

MONDAY, JANUARY 10, 1994

15

Office of the Secretary of the Senate 353 State Capitol
Atlanta, Georgia 30334

July 28, 1993

Honorable Max Cleland Secretary of State State Capitol Atlanta, GA

Dear Mr. Secretary:

This is to certify that the attached two pages, received in this office today from Superior Court Judge Robert J. James, attest that Perry McGuire was administered the Oath of Office as State Senator from District 30, representing a portion of Douglas and Carroll counties on July 23, 1993, in Carroll County.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Seal of the Georgia State Senate, this 28th day of July 1993.

(SEAL)

M Prank Eldridge, Jr. SECRETARY OF THE SENATE OF THE STATE OF GEORGIA

Superior Court Douglas Judicial Circuit Douglasville, Georgia 30133
July 23, 1993
Office of Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334
I, Robert J. James, do hereby certify by my signature below that I have this date, Friday, July 23, 1993, at 3:30 p.m. in Courtroom 302 of the Carroll County Courthouse, Carrollton, Carroll County, Georgia, administered the attached Oath of Office to the Honorable Perry J. McGuire.
Yours truly,
/s/ Robert J. James Judge, Superior Court Douglas Judicial Circuit

16

JOURNAL OF THE SENATE

OATH OF OFFICE - GENERAL ASSEMBLY
I DO HEREBY SOLEMNLY SWEAR OR AFFIRM THAT I WILL SUPPORT THE CONSTITUTION OF THIS STATE AND OF THE UNITED STATES, AND ON ALL QUESTIONS AND MEASURES WHICH MAY COME BEFORE ME, I WILL SO CONDUCT MYSELF, AS WILL, IN MY JUDGMENT, BE MOST CONDUCIVE TO THE INTERESTS AND PROSPERITY OF THIS STATE.
I FURTHER SWEAR OR AFFIRM THAT I AM NOT THE HOLDER OF ANY PUBLIC MONEY DUE THIS STATE, UNACCOUNTED FOR, THAT I AM NOT THE HOLDER OF ANY OFFICE OR TRUST UNDER THE GOVERNMENT OF THE UNITED STATES, NOR OF ANY ONE OF THE SEVERAL STATES, NOR OF ANY FOREIGN STATE, THAT I AM OTHERWISE QUALIFIED TO HOLD SAID OFFICE ACCORDING TO THE CONSTITUTION AND LAWS OF GEORGIA.
SO HELP ME GOD.
/s/ Perry J. McGuire
Sworn to and subscribed to before me this 23rd day of July 1993.
/s/ ROBERT J. JAMES, JUDGE SUPERIOR COURT DOUGLAS JUDICIAL CIRCUIT
Office of Lieutenant Governor 240 State Capitol
Atlanta, Georgia 30334 (404) 656-5030
July 23, 1993
Honorable Frank Eldridge 353 State Capitol Atlanta, GA 30334
Dear Frank:
Please note the following committee appointments for Senator Perry McGuire: Special Judiciary, Transportation, Higher Education and Urban and County Affairs.
Let me know if you need further information.
Sincerely,
/s/ Pierre Howard
The State Senate Atlanta, Georgia 30334
April 27, 1993
The Honorable Zell Miller State Capitol Building Atlanta, Georgia 30334
Dear Governor Miller:
As of today, April 27th, I am officially resigning my position as Senator of the 45th District.
Sincerely,
/s/ Harrill L. Dawkins

MONDAY, JANUARY 10, 1994

17

STATE OF GEORGIA Office of the Governor
Atlanta 30334-0900
April 27, 1993
Honorable Harrill L. Dawkins State Senator 234 State Capitol Atlanta, Georgia 30334
Dear Hal:
This will acknowledge receipt of your recent correspondence in which you tendered your resignation as State Senator, District 45. By copy of this letter, your resignation is hereby accepted, effective this date.

Your service to the State of Georgia in the above capacity is greatly appreciated, and I extend to you my best wishes for the future.

With kindest personal regards, I remain

Sincerely, /s/ Zell Miller

Secretary of State Elections Division 110 State Capitol Atlanta, Georgia
30334-1505
June 24, 1993
The Honorable Frank Eldridge, Jr. Secretary of the Senate 353 State Capitol Atlanta, Ga. 30334
Dear Secretary Eldridge:
I am transmitting herewith the name of the Senator elected in the June 15, 1993 Special Election for the office of State Senate in the General Assembly of Georgia from District 45, as the same appear from the consolidated returns which are of file and record in this office.

With kindest regards and best wishes, I am

Most sincerely,
Is/ Max Cleland Secretary of State

STATE OF GEORGIA Office of Secretary of State

I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that a Special Election was held on June 15, 1993, in Walton County and portions of Barrow, Newton, and Rockdale Counties, said Special Election to fill the vacancy in District 45 of the State Senate, due to the resignation of the Honorable Harrill L. Dawkins. The following votes were cast:

Bob Guhl David B. Irwin

Barrow 532 138

Newton 840 968

Rockdale 1789 1606

Walton 1833 1485

Total 4994 4197

18

JOURNAL OF THE SENATE

Having received a majority of the votes cast, Bob Guhl was duly elected to this office.

In testimony whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 24th day of June, in the year of our Lord One Thousand Nine Hundred and Ninety-three and of the Independence of the United States of America the Two Hundred and Seventeenth.

(SEAL)

/a/ Max Cleland Secretary of State

Office of Secretary of the Senate 353 State Capitol
Atlanta, Georgia 30334
I, Frank Eldridge, Jr., Secretary of the Senate of the State of Georgia, do hereby certify that on July 1, 1993, in the Senate Chamber, Harold G. Clarke, Chief Justice of the Georgia Supreme Court, administered the following Oath of Office to Mr. Arthur C. "Bob" Guhl, as a member of the Georgia State Senate from District 45, to fill the vacancy existing due to the resignation of Harrill L. Dawkins:

Oath: "I do hereby solemnly swear or affirm that I will support the Constitution of this State and of the United States, and on all questions and measures which may come before me, I will so conduct myself, as will, in my judgment, be most conducive to the interests and prosperity of this State. I further swear or affirm that I am not the holder of any public money due this State, unaccounted for, that I am not the holder of any office of trust under the government of the United States, nor of any one of the several states, nor of any foreign state, that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia. So help me God."
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Seal of the Georgia State Senate, this 1st day of July, 1993.
/s/ Frank Eldridge Jr. SECRETARY OF THE SENATE OF THE STATE OF GEORGIA

Office of Lieutenant Governor 240 State Capitol
Atlanta, Georgia 30334 (404)656-5030
July 14, 1993
Honorable Frank Eldridge 353 State Capitol Atlanta, GA 30334
Dear Frank:
Please note the following committee appointments for Senator Bob Guhl: Agriculture, Corrections, Public Safety, Finance & Public Utilities.

Let me know if you need further information. Sincerely,
/s/ Pierre Howard

The following changes in Standing Committee appointments by the President were read by the Secretary:

MONDAY, JANUARY 10, 1994

19

Office of Lieutenant Governor 240 State Capitol
Atlanta, Georgia 30334 (404)656-5030
September 1, 1993
Honorable Frank Eldridge Secretary of the Senate 353 State Capitol Atlanta, GA 30334
Dear Frank:
Please note the following committee changes effective today:
Senator Jack Hill: Off Natural Resources; on Education Chair Senator David Ralston: Off Youth, Aging and Human Ecology; on Educa-
tion Vocational and Technical Subcommittee Senator David Scott: on Primary and Secondary Subcommittee
Call me or Lewis Massey if you need further information.
Sincerely,
/s/ Pierre Howard
Office of Lieutenant Governor 240 State Capitol
Atlanta, Georgia 30334 (404)656-5030
September 1, 1993
Honorable Frank Eldridge Secretary of the Senate 353 State Capitol Atlanta, GA 30334
Dear Frank:
Please note the following committee and subcommittee changes effective today:
Senator Ed Boshears: Off Agriculture; on Economic Development, Tourism and Cultural Affairs; Vice-Chair of Defense and Veterans Affairs
Senator Jane Hemmer: Vice-Chair of Natural Resources Senator Eddie Madden: Vice-Chair of Agriculture
Call me or Lewis Massey if you need further information.
Sincerely,
/a/ Pierre Howard

20

JOURNAL OF THE SENATE

Office of Lieutenant Governor 240 State Capitol
Atlanta, Georgia 30334 (404)656-5030
September 1, 1993
Honorable Frank Eldridge Secretary of the Senate 353 State Capitol Atlanta, GA 30334
Dear Frank:
Please note the following committee changes effective today:
Senator George Hooks: Appropriations Chair Senator Harold J. Ragan: Off Governmental Operations; on Appropriations VoTech
and Higher Education Subcommittee Senator Ron Slotin: Off Consumer Affairs; on Appropriations Human Development
Subcommittee Senator Jack Hill: Off K-12 Subcommittee; on Corrections/Natural Resources Subcom-
mittee Chair; on Continuation Senator Chuck Clay: On Continuation Senator Hugh Ragan: Off VoTech and Higher Education Subcommittee; on K-12
Subcommittee Senator Steve Thompson: Off Human Development Subcommittee; on General Govern-
ment and Economic Development Subcommittee Chair
Call me or Lewis Massey if you need further information.
Sincerely,
Is/ Pierre Howard
Office of Lieutenant Governor 240 State Capitol
Atlanta, Georgia 30334 (404)656-5030
September 1, 1993
Honorable Frank Eldridge Secretary of the Senate 353 State Capitol Atlanta, GA 30334
Dear Frank:
Please note the following changes in the Corrections Committee effective today:
Senator Arthur Langford, Chair Senator Walter Ray: On Penal and Correctional Institutions Subcommittee
Call me or Lewis Massey if you need further information.
Sincerely,
Is/ Pierre Howard

MONDAY, JANUARY 10, 1994

21

Office of Lieutenant Governor 240 State Capitol
Atlanta, Georgia 30334 (404)656-5030
September 1, 1993
Honorable Frank Eldridge Secretary of the Senate 353 State Capitol Atlanta, GA 30334
Dear Frank:
Please note the following committee changes effective today:
Senator Steve Henson: Off Education; on Consumer Affairs Chair Senator Arthur Langford: On Regulated Beverages Subcommittee Chair
Call me or Lewis Massey if you need further information.
Sincerely,
/s/ Pierre Howard
Office of Lieutenant Governor 240 State Capitol
Atlanta, Georgia 30334 (404)656-5030
September 1, 1993
Honorable Frank Eldridge Secretary of the Senate 353 State Capitol Atlanta, GA 30334
Dear Frank:
Please note the following committee changes effective today:
Senator David Scott: Rules Chair; Off Enrolling and Journals Subcommittee; on Audits Subcommittee
Senator Mary Margaret Oliver: Off Youth, Aging and Human Ecology; on Rules Audits Subcommittee
Senator Rene Kemp: Off Defense and Veterans Affairs; on Rules Enrolling and Journals Subcommittee
Senator Sallie Newbill: Off Urban and County Affairs; on Rules Enrolling and Journals Subcommittee
Senator Hugh Ragan: Off Special Judiciary; on Rules Audits Subcommittee Senator Ralph David Abernathy: on Enrolling and Journals Subcommittee
Call me or Lewis Massey if you need further information.
Sincerely,
/s/ Pierre Howard

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Office of Lieutenant Governor 240 State Capitol
Atlanta, Georgia 30334 (404)656-5030
September 1, 1993
Honorable Frank Eldridge Secretary of the Senate 353 State Capitol Atlanta, GA 30334
Dear Frank:
Please note the following change in the Ethics Committee effective today: Senator Steve Farrow Chair.
Call me or Lewis Massey if you need further information.
Sincerely, /s/ Pierre Howard
Office of Lieutenant Governor 240 State Capitol
Atlanta, Georgia 30334 (404)656-5030
September 27, 1993
Honorable Frank Eldridge 353 State Capitol Atlanta, GA 30334
Dear Frank:
Please note the following committee changes effective immediately:
Senator Guy Middleton - Off Governmental Operations; on Education Primary and Secondary Subcommittee
Senator Pam Glanton - Vice Chairman of Government Operations Senator Don Cheeks - Off Insurance & Labor; on Appropriations General Government
and Economic Development Subcommittee
If you have any questions, please call me or Lewis Massey.
Sincerely, /s/ Pierre Howard
Office of Lieutenant Governor 240 State Capitol
Atlanta, Georgia 30334 (404)656-5030
September 30, 1993
Honorable Frank Eldridge 353 State Capitol Atlanta, GA 30334
Dear Frank:
Please note the following committee change effective immediately:
Senator Guy Middleton - Vice Chairman/Reapportionment

MONDAY, JANUARY 10, 1994

23

Senator John Parrish - Secretary/Interstate Cooperation

If you have any questions, please call me or Lewis Massey. Sincerely,
/s/ Pierre Howard

Office of Lieutenant Governor 240 State Capitol
Atlanta, Georgia 30334 (404)656-5030
October 19, 1993
Honorable Frank Eldridge 353 State Capitol Atlanta, GA 30334
Dear Frank:
Effective immediately, please add Senator Richard Marable to the Continuation Subcommittee of the Appropriations Committee. If you have any questions or comments, call me or Lewis Massey.
Sincerely,
/s/ Pierre Howard

Office of Lieutenant Governor 240 State Capitol
Atlanta, Georgia 30334 (404)656-5030
October 25, 1993
Honorable Frank Eldridge 353 State Capitol Atlanta, GA 30334
Dear Frank:
Effective immediately, please remove Senator Eddie Madden from the Science, Technology and Industry Committee and add him to the Insurance and Labor Committee. Call me or Lewis if you have any questions.
Sincerely,
/s/ Pierre Howard

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

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

Coleman Crotts Day Dean Edge Egan Farrow Gillis Glanton Gochenour Guhl Harbison

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

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Middleton Newbill
Uv ! r. PPearmdushe Pollard Ragan of llth

Ragan of 32nd Ralston
Ray rR> oib.-inson Scott Slotin

Starr Taylor
Thomas Trr,h. ompson Turner Tysinger

Not answering was Senator Walker.

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America, and introduced the chaplain of the day, Reverend Grant Sharp, pastor of the First Presbyterian Church, Statesville, North Carolina, who offered scripture reading and prayer.
The President announced that the next order of business was the election of the President Pro Tempore, due to the vacancy caused by the resignation of former Senator Wayne Garner.
Senator Marable of the 52nd nominated Senator Pete Robinson of the 16th, as President Pro Tempore.
Senator Edge of the 28th seconded the nomination.
Senator Ray of the 19th asked unanimous consent that the nominations be closed, and that the Secretary be instructed to cast the vote of the entire body for Senator Robinson of the 16th.
The consent was granted, and Senator Robinson of the 16th District was declared elected President Pro Tempore.
The President appointed Senators Ray of the 19th, Edge of the 28th and Harbison of the 15th as a committee to escort Senator Robinson of the 16th, President Pro Tempore, to the Well of the Senate, where he addressed the Senate briefly.
The following resolutions of the Senate were read and put upon their adoption:

SR 371. By Senators Scott of the 36th, Robinson of the 16th and Ray of the 19th: A RESOLUTION
Adopting the Rules of the Senate; and for other purposes.

BE IT RESOLVED BY THE SENATE that the Rules of the Senate in force at the adjournment of the regular 1993 session of the General Assembly are hereby adopted as the Rules of the Senate for the regular 1994 session with the following amendment:

Amend Senate Rule 185 by striking the listing of standing committees and numbers of committee members and inserting in its place a new listing as follows:
"AGRICULTURE - 7 APPROPRIATIONS - 31 BANKING AND FINANCIAL INSTITUTIONS - 11 CONSUMER AFFAIRS - 5 CORRECTIONS - 9 DEFENSE AND VETERANS AFFAIRS - 4 ECONOMIC DEVELOPMENT, TOURISM, AND CULTURAL AFFAIRS - 8 EDUCATION - 13 ETHICS - 10 FINANCE AND PUBLIC UTILITIES - 12 GOVERNMENTAL OPERATIONS - 5 HEALTH AND HUMAN SERVICES - 12

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HIGHER EDUCATION - 10 INSURANCE AND LABOR - 9 INTERSTATE COOPERATION - 5 JUDICIARY - 7 NATURAL RESOURCES - 12 PUBLIC SAFETY - 6 REAPPORTIONMENT - 14 RETIREMENT - 6 RULES - 18 SCIENCE, TECHNOLOGY, AND INDUSTRY - 5 SPECIAL JUDICIARY - 6 TRANSPORTATION - 18 URBAN AND COUNTY AFFAIRS - 5 YOUTH, AGING AND HUMAN ECOLOGY - 5"
On the adoption of the resolution, the yeas were 50, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
SR 372. By Senators Robinson of the 16th, Ray of the 19th and Scott of the 36th:
A resolution to notify the House of Representatives that the Senate has convened.
On the adoption of the resolution, the yeas were 48, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
The following bills and resolution of the Senate were introduced, read the first time and referred to committees:
SB 393. By Senators Marable of the 52nd and Henson of the 55th:
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 provide that deferred partial payments can be requested and ordered after judgment; to provide for applicability; to provide for related matters; to provide an effective date.
Referred to Committee on Judiciary.
SB 394. By Senators Isakson of the 21st, Clay of the 37th, Edge of the 28th and Ralston of the 51st:
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 a homestead exemption from certain state and county ad valorem taxes in an amount equal to the amount of the assessed value of the homestead which exceeds the assessed value of that homestead for the taxable year immediately preceding the taxable year in which that exemption is first granted to a resident for certain residents of each county.
Referred to Committee on Finance and Public Utilities.
SB 395. By Senators Scott of the 36th, Robinson of the 16th and Clay of the 37th:
A bill to amend Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to discipline in the public schools, so as to define certain terms; to provide that once a student is identified by an educator as a disciplinary problem, the parent shall be invited to a school conference and visit;

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to provide that after such notice has been given, any breach of discipline by the student shall result in a mandatory suspension. Referred to Committee on Education.
SR 375. By Senators Isakson of the 21st, Edge of the 28th, Clay of the 37th and others: A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the imposition of a sentence of imprisonment for life without the possibility of parole for any offense punishable by life imprisonment and to restrict the power of the State Board of Pardons and Paroles to commute or remit any part of a sentence of or grant a parole to any person sentenced to imprisonment for life without the possibility of parole; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Judiciary.
The following resolution of the House was read the first time and referred to committee:
HR 463. By Representatives Smith of the 169th, Murphy of the 18th, Stephenson of the 25th and others:
A resolution providing for the placement of a portrait of Mrs. Janette McGarity Barber. Referred to Committee on Rules.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has adopted by the requisite constitutional majority the following resolutions of the House:
HR 651. 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 notify the Senate that the House of Representatives has convened.
HR 652. 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 notify the Governor that the General Assembly has convened.
The Speaker has appointed as a Committee of Notification on the part of the House the following members:
Representatives Bordeaux of the 151st, Cauthorn of the 35th, Dobbs of the 92nd, Henson of the 65th, McClinton of the 68th, Polak of the 67th and Kinnamon of the 4th.
HR 655. 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 inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at a joint session of the House of Representatives and the Senate to hear a message from the Governor.

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27

HR 656. 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 calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Chief Justice of the Supreme Court.
HR 657. 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 calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor.
The Speaker has appointed as a Committee of Escort on the part of the House the following members:
Representatives Barfoot of the 155th, Carrell of the 87th, Golden of the 177th, Perry of the llth, McBee of the 88th, Jones of the 71st and Jenkins of the 110th.
HR 658. 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 relative to adjournment.
The following resolutions were read and adopted:
HR 652. 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 notify the Governor that the General Assembly has convened. The President appointed as a Committee of Escort on the part of the Senate the following: Senators Taylor of the 12th, Brown of the 26th, Middleton of the 50th, Oliver of the 42nd, Thomas of the 10th, Ragan of the 32nd, Ralston of the 51st and Boshears of the 6th.
HR 655. 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 inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at a joint session of the House of Representatives and the Senate to hear a message from the Governor.
HR 656. 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 calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Chief Justice of the Supreme Court.
HR 657. 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 calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor. The President appointed as a Committee of Escort on the part of the Senate the following: Senators Taylor of the 12th, Brown of the 26th, Middleton of the 50th, Bowen of the 13th, Newbill of the 56th, Blitch of the 7th and Scott of the 36th.

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HR 658. 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 relative to adjournment Jan. 14 to Jan. 24 and Jan. 27 to Feb. 1.

SR 380. By Senators Kemp of the 3rd, Gillis of the 20th, Hooks of the 14th and others:
A resolution congratulating and commending Miss Frances Louise Parker and inviting her to appear before the Senate.
The following communication from His Excellency, Governor Zell Miller, was received and read by the Secretary:
STATE OF GEORGIA Office of the Governor
Atlanta 30334-0900
April 30, 1993
Honorable Pierre Howard Lieutenant Governor State Capitol Atlanta, Georgia 30334
Dear Lieutenant Governor Howard:
I have vetoed Senate Bills 139, 178, 179, 181, 182, 184, 283, 316 and 342 which were passed by the General Assembly of Georgia at the 1993 Regular Session.
Article III, Section V, Paragraph XIII of the Constitution requires that I transmit such bills to you, together with a list of reasons for such vetoes. The bills and corresponding reasons for their veto are attached.

With kindest regards, I remain
Sincerely,
/a/ Zell Miller
STATE OF GEORGIA Office of the Governor
Atlanta 30334-0900
April 29, 1993
Honorable Thomas B. Murphy Speaker of the House of Representatives State Capitol Atlanta, Georgia 30334
Dear Mr. Speaker:
I have vetoed House Bills 58, 206, 223, 292, 745, 978 and 1124 which were passed by the General Assembly of Georgia at the 1993 Regular Session.

Article HI, Section V, Paragraph XIII of the Constitution requires that I transmit such bills to you, together with a list of reasons for such vetoes. The bills and corresponding reasons for their veto are attached.

With kindest regards, I remain

Sincerely, /s/ Zell Miller

MONDAY, JANUARY 10, 1994

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VETO NUMBER 1 HOUSE BILL 206
House Bill 206 substantially increases the minimum salaries of local elected constitutional officials sheriffs, clerks of court, probate judges and tax commissioners. I hereby veto House Bill 206 because the pay raises are in the wrong amount, done at the wrong time and done in the wrong way.
The amount of the pay raise is wrong because some probate judges would have received a raise approaching 24% and some tax commissioners would have seen their salary raised by nearly one-third. Georgia is only now beginning to recover from recession. Private employers are still down-sizing; businesses are struggling. Working Georgians are lucky Georgians and luckier still if they received even a nominal pay raise in the past few years.
The timing of the pay raise was wrong because it occurred immediately following an election at which all candidates knew what the salary of the office was when they were running for election.
Finally, the manner in which the across-the-board pay raises were accomplished was wrong because it was done in the closing hours on the last day of the legislative session with no opportunity for public debate or local government input. Pay raises of this magnitude must be carefully budgeted for and by local governments. Smaller units of government simply cannot casually absorb up to a one-third increase in an elected official's salary. Some local governments may have had to raise local taxes to pay for such legislatively mandated pay raises.
As Governor, I believe that citizens should have input into decisions which directly affect their taxes. By folding these pay raises into a conference committee report in the closing hours on the last day of the session, the General Assembly denied public access while promoting public excess at the expense of local governments and local taxpayers. Therefore, I hereby veto House Bill 206.
VETO NUMBER 2 SENATE BILL 283
Senate Bill 283 as it was originally introduced would have increased voter participation by simplifying election processes in nonpartisan elections. However, in the version which was finally passed, Senate Bill 283 would decrease voter participation and increase voter frustration by taking away a voter's right to vote a straight party ticket.
I oppose eliminating a voter's choice to vote a straight party ticket. Senate Bill 283 would silence those voters who in the past have exercised their option to vote straight party. The State should encourage, not discourage, voter participation in the political process. Senate Bill 283 accomplishes exactly the opposite. Elimination of the option to vote straightparty would make voting more burdensome, more cumbersome, and more time-consuming on Georgia voters.
The second problem with this bill involves the manner of its passage. This fundamental change in voting procedures was inserted into a conference committee report and brought before the full legislature for approval only minutes before final adjournment of the Session. The public had no opportunity to influence the legislature's vote on the way the public chooses to cast its vote. A change of this magnitude should be fully debated and disclosed prior to final passage.
Finally, since this would affect voting procedures, Senate Bill 283 would have to receive Justice Department approval under the Voting Rights Act. I cannot in good conscience ask

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the Justice Department to approve such a fundamental change in Georgia's voting procedures when no statistics on the impact of such a change were presented to the legislature and when the voting public was afforded no opportunity for comment.
For these reasons, I hereby veto Senate Bill 283.
VETO NUMBER 3 SENATE BILL 139
Senate Bill 139 proposes to provide for a local property tax amnesty program and amends provisions relating to the State tax amnesty program.
I support giving local governments as effective a tool for revenue generation that I asked the General Assembly to approve for the State in 1992. The State realized over $50 million dollars from implementation of its tax amnesty program. I would hope that local governments could obtain similar success. The problem with Senate Bill 139 was not that it offered local governments an opportunity to initiate amnesty programs, but that it would potentially undermine the State's amnesty program.
The success of any amnesty program is entirely dependent upon the certainty of sanctions imposed following amnesty. The State extensively advertised its amnesty program and advised taxpayers to pay today to avoid stiff collection fees tomorrow. Those fees which were approved by the General Assembly and incorporated into the design of the State amnesty program and which were broadly advertised were a 50% collection fee on accounts due and owing before December 31, 1990 (the cutoff date for amnesty accounts) and a 20% collection fee on accounts due and owing after December 31, 1990. During deliberations on Senate Bill 139, a House floor amendment was offered which significantly reduced the collection fees provided in the State amnesty program: the 50% collection fee would be reduced to 20% and the 20% would be reduced to 10%.
Lowering collection fees carries two important implications for the State. First, reductions in fees would reduce State revenues. The Revenue Department estimates that if Senate Bill 139 were approved with these lower fees, the State will lose approximately $800,000 in collection fees in Fiscal Year 1994 and $2.5 million dollars each year thereafter. Secondly, and perhaps more importantly, the State would lose credibility because it talked a tough talk but immediately relaxed penalties following the amnesty period.
I certainly would support efforts to extend the concept and design of the State tax amnesty program to local governments. However, I simply cannot approve Senate Bill 139 in its current form with its lowered collection fees for the State. Accordingly, I hereby veto Senate Bill 139.
VETO NUMBER 4 HOUSE BILL 223
House Bill 223 changes the provisions relating to continuing education for coroners and authorizes the State Board of Funeral Service to impose up to 16 hours of continuing education for embalmers and funeral directors.
The portion of House Bill 223 revising the continuing education provisions affecting coroners presents no problem. The problem with the bill involves that part of the bill which establishes continuing education requirements for funeral directors and embalmers. In that part, the bill contained a technical error which would have precluded one of the three major funeral directors' associations from being in a position to offer mandatory continuing education courses. The legislative sponsors of this particular portion of the bill have advised me that this was an oversight. Those same sponsors together with the State Board of Funeral Service agree that this oversight should be corrected prior to the bill becoming law.

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Though I support imposition of such continuing education requirements, due to technical oversight, I hereby veto House Bill 223.
VETO NUMBER 5 HOUSE BILL 292
House Bill 292 would change the provisions relating to issuance of special prestige license plates for amateur radio operators. The law currently permits an amateur radio operator to apply to receive a prestige plate upon payment of an initial manufacturing fee in the amount of $25.00 and upon payment of a $25.00 annual renewal fee. House Bill 292 would give amateur radio operators one free prestige tag and would also exempt that first tag from payment of the $25.00 annual renewal fee. The manufacturing fee and $25.00 annual renewal fee would still be required for second or additional plates.
In only a very few limited cases does the law provide one free prestige plate to a category of persons. Those few categories include: consular corp, disabled veterans, Medal of Honor Winners, active reservists, prisoners of war, and with the signature of House Bill 113 into law, Purple Heart Veterans. All other groups must pay an initial manufacturing fee and an annual registration fee to receive their prestige plate.
I am concerned that granting this exception to amateur radio operators would open the door to other exceptions and give one category of prestige plate holders an advantage over ' others similarly situated.
VETO NUMBER 6 SENATE BILL 342
Senate Bill 342 proposes to amend the "Upper Savannah River Development Authority Act." A similar bill was proposed in the House and was also passed by the General Assembly. To avoid confusion, the author of Senate Bill 342 has requested that Senate Bill 342 be vetoed and its House counterpart, House Bill 941, be signed into law. Accordingly, I hereby veto Senate Bill 342.
VETO NUMBER 7 HOUSE BILL 745
House Bill 745 was local legislation that provided for a homestead exemption from Wayne County ad valorem taxes and Wayne County School District ad valorem taxes. Subsequent to its passage, the local legislative delegation and the Wayne County Commission determined this matter requires further study. Therefore, at the request of the local legislative delegation, I hereby veto House Bill 745.
VETO NUMBER 8 HOUSE BILL 978
House Bill 978 was local legislation providing for the reincorporation of the Town of Sumner in Worth County. House Bill 978 contained a technical error which was discovered by the author subsequent to passage of the bill by both the House and Senate. Therefore, at the request of the author of the bill, I hereby veto House Bill 978.
VETO NUMBER 9 HOUSE BILL 58
House Bill 58 was local legislation relating to the public school system for the City of Gainesville. House Bill 58 contained technical errors which were discovered subsequent to passage of the bill by the House and Senate. Therefore, pursuant to the request of the local legislative delegation, I hereby veto House Bill 58.

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VETO NUMBER 10 HOUSE BILL 1124
House Bill 1124 was local legislation that provided a new charter for the Town of Sumner in Worth County. Subsequent to passage of the bill by both the House and Senate, the author, with the concurrence of the town council, determined this matter required further review by the local community. Therefore, at the request of the author, I hereby veto House Bill 1124.
VETO NUMBER 11 SENATE BILL 178
Senate Bill 178 was local legislation that provided for an increase in the compensation of the chairman of the Clayton County Board of Commissioners. Subsequent to passage of this bill by both the House and the Senate, the local legislative delegation determined this matter required further review. Therefore, pursuant to the request of the local legislative delegation, I hereby veto Senate Bill 178.
VETO NUMBER 12 SENATE BILL 179
Senate Bill 179 was local legislation that provided for an increase in the county supplement to the salary of Clayton Judicial Circuit Superior Court Judges. Subsequent to passage of this bill by both the House and Senate, the local legislative delegation determined this matter required further review. Therefore, pursuant to the request of the local legislative delegation, I hereby veto Senate Bill 179.
VETO NUMBER 13 SENATE BILL 181
Senate Bill 181 was local legislation that provided for an increase in the county supplement to the salary of the district attorney of the Clayton Judicial Circuit. Subsequent to passage of this bill by both the House and Senate, the local legislative delegation determined this matter required further review. Therefore, pursuant to the request of the local legislative delegation, I hereby veto Senate Bill 181.
VETO NUMBER 14 SENATE BILL 182
Senate Bill 182 was local legislation that provided for an increase in the salary of the sheriff of Clayton County. Subsequent to passage of this bill by both the House and Senate, the local legislative delegation determined this matter required further review. Therefore, pursuant to the request of the local legislative delegation, I hereby veto Senate Bill 182.
VETO NUMBER 15 SENATE BILL 184
Senate Bill 184 was local legislation that provided for an increase in the compensation of the official court reporters of the Clayton Judicial Circuit. Subsequent to passage of the bill by both the House and Senate, the local legislative delegation determined this matter required further review. Therefore, pursuant to the request of the local legislative delegation, I hereby veto Senate Bill 184.
VETO NUMBER 16 SENATE BILL 316
In 1991 the General Assembly approved Senate Bill 328 which provided for fewer but tougher tests for Georgia's students. I had offered Senate Bill 328 in an effort to comprehensively reform Georgia's tests and testing procedures. Senate Bill 328 was predicated on my belief that Georgia's teachers and educators should concentrate on educating students to do

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well in life, not on educating students to prepare them to do well on a multitude of assess ment tests.
Senate Bill 316 would delay implementation of the testing reforms approved by the 1991 General Assembly until 1995 by requiring another full year of field testing of the llth grade graduation tests. Already, the State has provided for a full year of field tests prior to implementation of the llth grade graduation tests. The llth grade graduation test is sched uled to be in place in the Spring of 1994.
The State has done its homework. Just as many of the tests required before testing reform were exercises in test-taking, an additional year of field testing of the llth grade graduation test is not expected to yield any unexpected information.
Too many tests yielding too little information have been the problem for too long. The time is now to implement the 1991 testing reforms. For these reasons, I hereby veto Senate Bill 316.
SENATE CALENDAR
Monday, January 10, 1994
FIRST LEGISLATIVE DAY
SB 39 World Congress Center--certain hiring requirements (Substitute) (Amendment) (C Aff--39th)
SB 46 School Health Services Act--provide (H&HS--22nd) SB 100 Lottery for Education Account--restrict appropriation of proceeds (Ed--46th) SB 127 English--official language of State (Substitute) (Gov Op--17th) SB 131 Elections--Public Safety Department license examiners, deputy registrars (Sub
stitute) (Gov Op--43rd) SB 161 Individual Medical Account Act--create (I&L--27th) SB 168 Driver's License--education requirements (Substitute) (Pub Saf--6th) SB 289 Solid Waste Facility--prohibit yard trimmings (Amendment) (Nat R--28th) SB 301 Alcoholic Beverage Sale--distance from church, school, treatment center
(Amendment) (C Aff--55th) SB 311 Handicapped/Impaired Veterans Housing Access Act--enact (D&VA--6th) SB 313 Interest and Usury--change maximum rate of interest allowed (Substitute)
(B&FI--9th) SB 318 Patient Records--charges for cost of mailing, copying (Amendment)
(S Judy--28th) SB 340 Derelict Motor Vehicle--determination, disposition, notice (Pub Saf--52nd) SR 189 Schools--urge creation of Olympic Challenge to motivate (Ed--21st) SR 195 Homosexuals in Military--urge Congress preserve ban prohibiting
(D&VA--27th) HB 22 Driver's License Revocation--time limit to request hearing (Judy--54th)
Parham--122nd HB 71 Probate Court--service of minor by serving guardian (Substitute)
(S Judy--40th) Holland--157th HB 72 Liens Against Property--years of possession for discharge (S Judy--28th) Hol
land--157th HB 73 Security Interest in Future Crops--not attach portion due sharecropper
(S Judy--40th) Holland--157th

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HB 109 Appeal by State in Criminal Case--cross appeal by defendant (Judy--42nd) Groover--125th
HB 112 Bears--circumstances for property owner to kill (Nat R--53rd) Twiggs--8th
HB 170 Bills, Resolutions--profiling (Rules--55th) Thomas--100th
HB 171 Campaign Disclosure Reports--additional fees for late filing (Gov Op--2nd) Thomas--100th
HB 190 Legal Assistants in Criminal Proceedings--third-year law students (H Ed--48th) Evans--28th
HB 193 Solicitation of Elderly During Certain Hours--regulate (Amendment) (YA&HE--33rd) Hammond--32nd
HB 211 Crime Victim--Corrections notify of offender release, death, etc. (Corr--27th) Campbell--42nd
HB 234 Retirement System Standards Law--Firemen's Pension Fund (Ret--53rd) Cummings--27th
HB 286 Fireworks--storage by those conducting displays (ST&I--50th) Twiggs--8th HB 295 Elections--eligibility of certain registrars for certain office (Substitute) (Gov
Op--2nd) Holmes--53rd
HB 297 Elections--certain persons not eligible for certain poll officers (Amendment) (Gov Op--2nd) Holmes--53rd
HB 304 Elections--eligibility of certain registrars for certain office (Substitute) (Gov Op--2nd) Holmes--53rd
HB 311 Department of Revenue Agents--retain weapon, badge upon retirement (Pub Saf--17th) Coleman--142nd
HB 328 County Boards of Equalization--certain decisions in appeals (F&PU--24th) Har ris--112th
HB 337 Dispossessory Proceedings--writs of possession (Substitute) (Judy--54th) Wall--82nd
HB 376 Elections--withdrawal of candidate at ensuing general election (Gov Op--34th) Ladd--59th
HB 391 Public Utilities/Transportation--motor common, contract carrier (Substitute) (F&PU--12th) Birdsong--123rd
HB 408 Podiatrists--applications for examination (H&HS--15th) Childers--13th
HB 415 Homicide--prohibit certain acts assisting in commission of suicide (Substitute) (S Judy--1st) Crews--78th
HB 446 Board of Jury Commissioners--remuneration (Judy--24th) Thomas--100th
HB 484 Life Insurance Policy Provided by Certain Corporations--define "employee" (I&L--19th) Williams--114th
HB 505 Building Plumbing, Electrical Codes--revise provisions (Amendments) (C Aff--35th) Watson--139th
HB 527 Group Workers' Compensation Self-Insurance Funds--soliciting membership (Substitute) (I&L--21st) Bannister--77th
HB 554 Property Taxation--millage rate certification (F&PU--56th) Wall--82nd
HB 566 Land-Disturbing Activities--compliance, Erosion & Sedimentation Act (Substi tute) (Nat R--49th) Breedlove--85th
HB 641 Historical, Nonperpetual Care Cemetery--exempt registration (U&CA G--33rd) Coleman--142nd
HB 659 Obstruction of Emergency Medical Technicians in Performance of Duty--prohibit (S Judy--47th) Scoggins--24th

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HB 686 Human Body Parts--removal from scene of death unlawful (Amendment) (S Judy--8th) Cox--160th
HB 690 Crime Victims Compensation Board--awards (Amendment) (Pub Saf--23rd) Barnes--33rd
HB 820 Grand Jurors--gender changes, corrections in oath (Judy--39th) Thomas--100th
HB 835 Homestead Exemptions--failure to file not cause for waiver (Substitute) (F&PU--18th) Harris--112th
HB 842 Vital Records--reporting spontaneous fetal deaths (H&HS--55th) Culbreth--132nd
HR 242 Joint Steering Committee for General Assembly's Conference on Access to Health Care--create (Rules--12th) Parrish--144th
HR 360 Regional Development Center Boundaries--ratify change (U&CA G--33rd) Lane--55th
Senator Ray of the 19th moved that all bills and resolutions of the Senate and House on the Senate Calendar for today be committed to the committee from which they were last reported.
On the motion, the yeas were 41, nays 0; the motion prevailed, and the following bills and resolutions were committed:
SB 39. By Senators Slotin of the 39th and Scott of the 36th:
A bill to amend Article 1 of Chapter 9 of Title 10 of the Official Code of Georgia Annotated, the "Geo. L. Smith II Georgia World Congress Center Act," so as to require the authority and its operating agents to meet certain requirements for hiring a certain number of employees from certain residential areas; to define terms; to specify requirements; to provide for certain protections for current employees.
Committed to Consumer Affairs Committee.
SB 46. By Senator Walker of the 22nd:
A bill to amend Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to public school health, so as to authorize local boards of education to provide for health services; to provide for a short title, legislative intent, and definitions; to provide for health services plans and the authority and duties of local boards of education with respect to those plans; to provide for immunity from liability.
Committed to Health and Human Services Committee.
SB 100. By Senators Broun of the 46th and Tysinger of the 41st:
A bill to amend Code Section 50-27-13 of the Official Code of Georgia Annotated, relating to the disposition of lottery proceeds, so as to restrict the appropriation of lottery proceeds from the Lottery for Education Account under certain condi tions based on other appropriations for education.
Committed to Education Committee.

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SB 127. By Senators Crotts of the 17th, Garner of the 30th, Langford of the 29th and others:
A bill to amend Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to the state flag, seal, and other symbols, so as to designate English as the official language of the State of Georgia.
Committed to Governmental Operations Committee.
SB 131. By Senators Parrish of the 43rd and Henson of the 55th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for a program for registration of electors; to provide that license examiners employed by the Department of Public Safety shall be deputy registrars; to provide for powers and duties of such deputy registrars; to provide rule-making authority; to provide for a contingent effective date.
Committed to Governmental Operations Committee.
SB 161. By Senators Gochenour of the 27th, Balfour of the 9th, Burton of the 5th and others:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to create a new Chapter 20A entitled the "Individual Medical Account Act"; to provide for legislative purpose; to provide for definitions; to provide for individual medical accounts; to provide the procedures for individual medical accounts; to provide for the amounts that may be deposited in individual medical accounts; to provide for withdrawals.
Committed to Insurance and Labor Committee.
SB 168. By Senators Boshears of the 6th and Ralston of the 51st:
A bill to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of drivers' licenses, so as to require minors to be enrolled in public or private school, home study, or cer tain other courses of study or to have graduated from high school or received an equivalency diploma or certificate of high school completion as a requirement of issuance of a driver's license; to provide for verification.
Committed to Public Safety Committee.
SB 289. By Senators Garner of the 30th and Edge of the 28th:
A bill to amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to solid waste management, so as to define a certain term; to prohibit the depositing of yard trimmings in solid waste facilities.
Committed to Natural Resources Committee.
SB 301. By Senators Henson of the 55th, Perdue of the 18th and Pollard of the 24th:
A bill to amend Code Section 3-3-21 of the Official Code of Georgia Annotated, relating to sales of alcoholic beverages near churches, school buildings, or other sites, so as to prohibit the sale of alcoholic beverages within 400 yards of any church, school, or public alcoholic treatment center; to provide a grandfather clause for existing licensees and transferees of existing licenses.
Committed to Consumer Affairs Committee.

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SB 311. By Senators Boshears of the 6th and Harbison of the 15th: A bill to amend Chapter 3 of Title 30 of the Official Code of Georgia Annotated, relating to access to and use of public facilities by physically handicapped per sons, so as to enact the "Georgia Handicapped and Impaired Veterans Housing Access Act"; to provide definitions; to provide that the provisions of said article shall apply to certain private residences constructed for first occupancy after January 1, 1994.
Committed to Defense and Veterans Affairs Committee.
SB 313. By Senators Balfour of the 9th, Day of the 48th, Clay of the 37th and others: A bill to amend Chapter 4 of Title 7 of the Official Code of Georgia Annotated, relating to general provisions relative to interest and usury, so as to change the maximum rate of interest allowed; to define a certain term; to provide for applicability.
Committed to Banking and Financial Institutions Committee.
SB 318. By Senator Edge of the 28th:
A bill to amend Code Section 31-33-3 of the Official Code of Georgia Annotated, relating to the cost of copying and mailing a patient's records, so as to provide for the charges that may be required by the provider prior to the records being furnished to the party requesting the patient's records; to provide for related matters; to provide for an effective date.
Committed to Special Judiciary Committee.
SB 340. By Senators Marable of the 52nd, Robinson of the 16th and Henson of the 55th:
A bill to amend Article 1 of Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to abandoned motor vehicles, so as to provide procedures for determination that a vehicle is a derelict motor vehicle; to provide for disposition of derelict motor vehicles; to provide for notice and procedures; to provide for cancellation of the title of a derelict motor vehicle; to provide for penalties.
Committed to Public Safety Committee.
SR 189. By Senator Isakson of the 21st:
A resolution urging the State School Superintendent and the State Board of Ed ucation to embrace the Olympic Spirit and create an Olympic Challenge in our public schools to motivate faculties, students, and parents to accelerate academic improvement throughout the public schools of Georgia.
Committed to Education Committee.
SR 195. By Senators Gochenour of the 27th, Tysinger of the 41st, Newbill of the 56th and others:
A resolution urging Congress to take all steps necessary to preserve the ban prohibiting the service of homosexuals in the military.
Committed to Defense and Veterans Affairs Committee.

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HB 22. By Representative Parham of the 122nd: A bill to amend Code Section 40-5-59 of the Official Code of Georgia Annotated, relating to reexamination of drivers believed to be incompetent or unqualified, so as to change the time within which certain drivers may request a hearing con cerning a revocation of their licenses.
Committed to Judiciary Committee.
HB 71. By Representative Holland of the 157th:
A bill to amend Article 1 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to the probate court, so as to provide for the service of a minor or an incapacitated adult by serving such per son's legal guardian or guardian ad litem.
Committed to Special Judiciary Committee.
HB 72. By Representative Holland of the 157th:
A bill to amend Article 4 of Chapter 12 of Title 9 of the Official Code of Georgia Annotated, relating to judgment liens, so as to provide that when a bona fide purchaser has been in possession of real property for four years, such property shall be discharged from the lien of any judgment against the seller or any prede cessor in title.
Committed to Special Judiciary Committee.
HB 73. By Representatives Holland of the 157th, Ray of the 128th, Jenkins of the 110th and Reaves of the 178th: A bill to amend Code Section 11-9-203 of the Official Code of Georgia Annotated, relating to the attachment and enforceability of security interests, so as to pro vide that a security interest in future crops shall not attach to the portion of the crops due to a sharecropper.
Committed to Special Judiciary Committee.
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.
Committed to Judiciary Committee.
HB 112. By Representative Twiggs of the 8th: A bill to amend Part 1 of Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to hunting wildlife, so as to provide that under certain circumstances property owners shall be allowed to kill bears.
Committed to Natural Resources Committee.

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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.
Committed to Rules Committee.
HB 171. By Representatives Thomas of the 100th, Chambless of the 163rd and Simpson of the 101st:
A bill to amend Code Section 21-5-34 of the Official Code of Georgia Annotated, relating to campaign contribution disclosure reports, so as to provide for addi tional filing fees for reports which are filed late.
Committed to Governmental Operations Committee.
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.
Committed to Higher Education Committee.
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.
Committed to Youth, Aging and Human Ecology Committee.
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.
Committed to Corrections Committee.
HB 234. By Representative Cummings of the 27th:
A bill to amend Article 6 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to miscellaneous provisions relative to the Public Retirement Systems Standards Law, so as to repeal Code Section 47-20-63, relating to the exemption of a certain bill relating to the Georgia Firemen's Pension Fund from the provisions of such chapter.
Committed to Retirement Committee.

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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.
Committed to Science, Technology and Industry Committee.
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.
Committed to Governmental Operations Committee.
HB 297. By Representatives Holmes of the 53rd, Cauthorn of the 35th, Canty of the 52nd and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that certain persons shall not be eligible to serve as certain poll officers or certain superintendents.
Committed to Governmental Operations Committee.
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.
Committed to Governmental Operations Committee.
HB 311. By Representatives Coleman of the 142nd, Dover of the 9th, Connell of the 115th and others: A bill to amend Code Section 3-2-30 and Code Section 48-11-19 of the Official Code of Georgia Annotated, relating to the powers and duties of special agents and enforcement officers of the Department of Revenue, so as to provide that after an agent or enforcement officer has accumulated 25 years of service with the Department of Revenue, upon leaving the department under honorable condi tions, such agent or enforcement officer shall be entitled as part of such officer's compensation to retain his or her weapon and badge.
Committed to Public Safety Committee.
HB 328. By Representatives Harris of the 112th, Dover of the 9th, Royal of the 164th and Skipper of the 137th: A bill to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization, so as to require that such boards shall specify in writing the reasons for decisions on questions presented on appeal.
Committed to Finance and Public Utilities Committee.

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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.
Committed to Judiciary Committee.
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.
Committed to Governmental Operations Committee.
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".
Committed to Finance and Public Utilities Committee.
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.
Committed to Health and Human Services Committee.
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.
Committed to Special Judiciary Committee.
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.
Committed to Judiciary Committee.
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

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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.
Committed to Insurance and Labor Committee.
HB 505. By Representative Watson of the 139th:
A bill to amend Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to standards and requirements for the construction and alteration of buildings and other structures, so as to revise extensively the provisions relating to state building, plumbing, electrical, and other such codes.
Committed to Consumer Affairs Committee.
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.
Committed to Insurance and Labor Committee.
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.
Committed to Finance and Public Utilities Committee.
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.
Committed to Natural Resources Committee.
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

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nonperpetual care cemetery which is historical and is operated for nonprofit pur poses shall be exempt from registration; to provide an exception.
Committed to Urban and County Affairs (General) Committee.
HB 659. By Representatives Scoggins of the 24th, Holland of the 157th, Heard of the 89th and Sherrill of the 62nd: A bill to amend Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related offenses, so as to prohibit certain acts involving the knowing and willful obstruction or hinderance of any emergency medical technician in the performance of such emergency medical technician's official duties.
Committed to Special Judiciary Committee.
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.
Committed to Special Judiciary Committee.
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.
Committed to Public Safety Committee.
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.
Committed to Judiciary Committee.
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.
Committed to Finance and Public Utilities Committee.
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.
Committed to Health and Human Services Committee.

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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.
Committed to Rules Committee.
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.
Committed to Urban and County Affairs (General) Committee.
Lieutenant Governor Pierre Howard addressed the Senate as follows:
I want to begin this session, as Lt. Governor, by welcoming our two new senators per sonally. Senator Bob Guhl sitting in the back has been a friend of mine since the early 70s when he was the Commission Chairman in DeKalb County and I was a senator. We worked together extensively during that time and I came to know and respect his work on behalf of neighborhoods and efficiency in government. He was a very good chairman in our county and has now moved out of Social Circle, Georgia in Walton County and has been elected as a senator representing Walton, part of Rockdale and part of Newton. I know that he is going to be a good senator and I would encourage you to get to know him. He is a very knowledge able person. Bob, it's good to have you here.
I want to also welcome my fraternity brother, Senator Perry McGuire, from Douglasville who won a very impressive victory in his election. Perry, we are glad to have you here and I look forward to working with you. You are welcome in this Senate.
I want to just say that I believe the Senate can take justifiable pride in what we have accomplished. I think we should pause briefly to point up some of the things of which I believe this Senate can be proud. This Senate is different and I believe this Senate, as the minority leader said when he was speaking, is a place where the concerns of each senator can be heard and debated in a forthright manner, and I believe that we, together, have accomplished a lot in the last three years. I won't go over each and every thing, but I just want to point up a few things that together we have done.
We have expanded the PEACH program dramatically during the past three years. By the beginning of this year, the PEACH program will be available in every county in Geor gia--not to the extent we would like because the waiting lists are still long--but the pro gram is available. I can tell you, as most of you know, the PEACH program is one of the programs that has been best received, of all the government programs we have in our state, not only by the people--the taxpayers--but by the county officials, Chambers of Commerce, business leaders and others. It is a program that is effective, it is getting people off welfare and is helping to save families. It is instilling pride in the recipients of the service, it is based on the work ethic upon which the country is founded and it is helping children to have a positive role model in their homes. So I believe this Senate can be proud that we have pushed to make sure that this program was expanded. I want to thank you for support ing that.
Another program I think we can be proud of and I think you should point out in your re-election, whether you are on the Republican or Democratic side, is the expansion of the Community Care Act. We have put $1,400,000 new money into the Community Care Act during the last three years. For every dollar we put in, we save three because we are keeping the older Georgians out of nursing homes. I think it is a very impressive program and one that is working and saving money. I think you ought to be proud of that because certainly

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those who built this state deserve our help. When you can do it in a way that not only helps the elderly but saves money to the taxpayers, then you have a program worth supporting.
I believe the Senate should be proud of the record we have in ethics reform. As you know, two years ago this Senate adopted an ethics policy. It is one of the few legislative bodies in the nation to adopt an ethics policy. This will be an evolving policy that we will probably have to change as time goes by. We also have been well served by having an Ethics Committee. We are the first body in the legislature to have an Ethics Committee. While no one claims we have a corner on ethics, I do believe we have lifted that concern to a new level, and we will continue to work on it. I ask the help of each and every one of you to try to help us do all we can to lift up that subject and live up to what we say we are going to do.
I have been very pleased and think you should be pleased with the progress we have made in the area of child abuse. During the past nine months, I have gone around the state quite a bit and met with DFCS workers and law enforcement. We have a new spirit of cooperation developing in the state between law enforcement and DFCS in the area of pro tecting our children and preserving our families. Senator Guy Middleton and I met just this past week for over two hours up in his district with a group of state workers who provide services to families. He and I just sat there and listened to their feelings about their jobs and what we need to do as a Senate. I would encourage you during the break when you go back to your district, if you have time, to call the Director of your DFCS office and have a conversation--a brief conversation if that's all you can spare--with the people at your De partment of Family and Children Services offices to get their input as to what we can do to better serve them. Let's work together to see what they can do to better serve their clients. I think sometimes we overlook the importance of what they do. They do more than just hand out welfare checks. They are in charge of the protection of our children and they are in charge of the programs that help those families in crisis. There is a lot of great work being done at those offices. There are some things we need to change, but let's work together with them and in that spirit. I think things are moving in the right direction. This session I hope to move from the intervention question toward the prevention question in the area of child abuse.
This Senate has been concerned about efficiency in government. I am disappointed that we were not able to get the merit base pay instituted as a state policy. I am also disap pointed we have not been able to get our attrition approach to reducing the number of people working for the state taken very seriously. I think we can be proud in the Senate of the fact that we have returned over $1.5 million to the state treasury through efficiencies. That is significant. I ask your help in finding ways this year that we can save money.
I have enjoyed working with the Senate Administrative Affairs Committee--the Major ity Leader, the Minority Leader, the President Pro Tern, the chair of Judiciary and others who are on that committee. We meet periodically and we talk about the operations of the Senate. We try to find ways that we can save money for the taxpayers and still give you the kind of service that you want as senators. We encourage you to come to those meetings if you want to come and give us your thoughts. We need to be constantly vigilant about ways in which we can save money for the taxpayers, and we ask your input in that regard.
I think this Senate has a chance to become a great deliberative body. I think that we have done well already, but I think we can do even better. If we will take the opportunity that is presented to us, we have one year left on our contract. I am well aware that this is an election year and have never been involved in an election-year session that was not infused to some degree with politics. That's the nature of it. I think we need to just reflect for a moment before we begin this. Let's approach this session as if it were our last session, and it could be, you never know. It is our last opportunity to work together to get some things done for the good of the people.
Now the best politics to come out of this session would be if the people could see us up here working together--Republicans and Democrats--on the public agenda in which they are interested. Believe me, they are not interested, as the President Pro Tern was saying, in whether Republicans or Democrats sponsor bills. They are not interested very much in

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whether or not we get re-elected. What they are interested in is this Senate representing them in working on the items of the public agenda which are important to the people of Georgia. What are they? Crime has moved very close to the top of the public agenda if not the top. People expect us to do something about crime during this session.
We need to take measures that are both short term and long term. I believe we need to be tougher. I believe we need to keep the violent felons in prison longer. I believe in the death penalty, and I also believe that we have to do some thinking together--Republicans and Democrats, Conservatives and Liberals--about preventing children who are in school today from becoming criminals in the future.
People are concerned about the schools. They are concerned about violence in the schools. They are concerned about the quality of education. I have tried to provide an atmo sphere in this Senate where we could have an honest exchange of views on how to approach education in the future, and how to approach it differently. We had the school choice hear ings. We are trying to let those ideas receive a fair hearing in this Senate.
The people are concerned about the status of families in Georgia. They are concerned about the deterioration of the family unit--the very fabric of our society. We must be care ful that we do not do anything to further diminish the status of the family and that we do all that we can to repair any damage that has been done. I hope we will have that foremost in our minds as we go through this session.
We have 36 senators in this Senate almost two-thirds of whom have had three sessions or less experience. You can't say that we don't have a Senate here that is infused with new ideas. You ought to have your finger on the pulse of the people and know what they are thinking. So I believe that this Senate is poised, if we will try to do everything that we can despite the fact that we acknowledge it's an election year, to respect each other, even though we are going to disagree. We have philosophical disagreements within this body and within each party. Let's work to maintain that feeling of respect for each other and a willingness to hear out other ideas. That, I believe, can lead to significant progress for this session. I think it is important again to say, as Lt. Governor, I have tried, and maybe failed at times, but I have tried to be bipartisan. Each and every senator will have the chance to have his/her ideas heard and debated in an atmosphere of respect.
I'm going to have my own package, of course the Lt. Governor normally does, and I am going to refrain from outlining the package, but I am going to give you a broad outline. One thing I have been very, very disappointed about is the lack of progress we have been able to make in the legislature on the problem of drunk driving. Earlier in the year, Officer Chris McGill was working traffic in Gwinnett County and was hit by a drunk driver and killed. Many of us, including me, are concerned about taking our families out at night for fear of being hit by a drunk driver. This Senate has sent some strong bills across the hall. They haven't passed. I believe the public expects us to do something about this problem. I am preaching to the choir because you have already demonstrated that you are willing to do it. I am coming again with a bill to eliminate the nolo plea. The Governor may also have some thing similar. This Senate has already passed these bills, and we're going to come with the zero tolerance for youthful drivers. If it is against the law for an underage person to possess alcohol, then we should not tolerate any level of alcohol in an underage person's blood if they are driving a car. I also want to try to get a bill passed to provide that if you are charged with drunk driving, you cannot reduce the plea to public drunkenness. If you are guilty of drunk driving, you are guilty of drunk driving. If you are not, you are not. It is that simple.
We have to get serious about it. I understand the Governor is introducing some legisla tion that I hope you will consider. We are going to have some bills that I think will help in the area of preservation of families--some on crime and some on nursing homes. The Sena tor from the 21st and I have been meeting with people during the interim about some of the problems in our nursing homes, and I believe we'll have some legislation in that area. I want to tell you that I am excited about this session. This is our last chance to serve the people. Let's just resolve that we have a short amount of time here. Let's work together and do the

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very best that we can to serve the people of this state. I know there's a lot of cynicism out there in the public. I read the poll in the newspaper over the weekend. I know there's a lot of cynicism about the legislature. But I love this Senate. I've been in this Senate since 1973, and I have a lot of affection for each of you--a feeling of friendship. I appreciate the fact you are willing to serve in this body. I appreciate you for the reasons you are here. Our office wants to do everything we can to make this session a good experience, a positive experience. When we walk away on the last night, we will know that regardless of whether we have accomplished everything that we sought to accomplish, we have done our best and fulfilled our duty to our constituents.
Thank you very much.
The President introduced Dr. James Kaufmann, who is in charge of the Doctor of the Day program for the General Assembly, and his wife, Alice Kaufmann, who serves as Nurse at the Medical Aid Station during the session.
Senator Ray of the 19th moved that the Senate do now adjourn until 10:00 A.M. to morrow; the motion prevailed, and the President announced the Senate adjourned at 11:20 A.M.

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Senate Chamber, Atlanta, Georgia Tuesday, January 11, 1994 Second Legislative Day

The Senate met pursuant to adjournment at 10:00 A.M. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 396. By Senators Scott of the 36th, Ray of the 19th and Clay of the 37th:
A bill to amend Code Section 20-2-1050 of the Official Code of Georgia Anno tated, relating to moments of silence in public schools, so as to provide that stu dents shall be provided with a moment for such meditation; to provide a state ment of legislative intent. Referred to Committee on Education.
SB 397. By Senator Alien of the 2nd:
A bill to amend Code Section 19-7-46 of the Official Code of Georgia Annotated, relating to evidence at trial in paternity proceedings, so as to provide for a rebuttable presumption of nonpaternity arising from certain genetic testing; to provide for payment or reimbursement of certain costs; to provide for punitive damages. Referred to Committee on Judiciary.
SB 398. By Senator Alien of the 2nd:
A bill to amend Article 3 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to pleadings and motions under the "Georgia Civil Practice Act," so as to change the provisions relating to the contemporaneous filings of affidavits in actions alleging professional malpractice; to provide an effective date. Referred to Committee on Judiciary.
SB 399. By Senators Boshears of the 6th and Kemp of the 3rd:
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to provide for definitions; to provide for the registration of sex offenders with the sheriff and transmission of certain informa tion to certain municipal police departments and the Georgia Crime Information Center; to provide for the crime of failure to register as a sex offender and a penalty. Referred to Committee on Judiciary.
SB 400. By Senators Boshears of the 6th, Blitch of the 7th and Taylor of the 12th: A bill to amend Code Section 40-3-21.1 of the Official Code of Georgia Anno tated, relating to the fee for a certificate of title for a vehicle titled in another state, so as to provide for an exemption for motor vehicles owned by persons 60

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years of age or older who establish permanent residency in certain counties which have had a decline in population since the 1980 United States decennial census. Referred to Committee on Public Safety.
SB 401. By Senator Dean of the 31st:
A bill to amend Code Section 40-6-226 of the Official Code of Georgia Annotated, relating to offenses and penalties relating to handicapped parking, so as to pro vide that vehicles bearing license plates designating military veterans awarded the Purple Heart shall be accorded handicapped parking privileges. Referred to Committee on Health and Human Services.
SB 402. By Senators Burton of the 5th, Balfour of the 9th and Boshears of the 6th:
A bill to amend Code Section 40-5-22 of the Official Code of Georgia Annotated, relating to issuance of a driver's license, so as to provide that no license shall be issued or renewed unless the applicant signs a pledge acknowledging that the penalty for conviction of driving under the influence of alcohol or drugs is sus pension of the driver's license. Referred to Committee on Special Judiciary.
SB 403. By Senators Burton of the 5th and Boshears of the 6th:
A bill to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to provide for minimum mandatory sentences for driving under the influence of alcohol or drugs; to pro vide that such minimum mandatory sentences shall not be suspended, stayed, or probated. Referred to Committee on Special Judiciary.
SB 404. By Senators Burton of the 5th, Balfour of the 9th and Boshears of the 6th:
A bill to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable, so as to provide that the offense of homi cide by vehicle occurring as a result of driving under the influence shall be baila ble only before a superior court judge; to provide for detention for 24 hours after arrest of any person who is charged with the offense of driving under the influ ence and whose blood alcohol level is a per se violation of Code Section 40-6-391. Referred to Committee on Special Judiciary.
SB 405. By Senators Cheeks of the 23rd and Walker of the 22nd:
A bill to amend an Act entitled an Act to provide homestead exemption from all Richmond County School District ad valorem taxes for educational purposes for certain residents so as to provide that such exemption shall apply to each resi dent age 65 and over regardless of the amount of such person's income; to pro vide for a referendum, applicable date, effective date, and automatic repeal. Referred to Committee on Urban and County Affairs.
SB 406. By Senators Ralston of the 51st, Oliver of the 42nd, Edge of the 28th and Robin son of the 16th:
A bill to amend Code Section 40-5-63 of the Official Code of Georgia Annotated, relating to periods of suspension of drivers' licenses, so as to provide a period of suspension of the licenses of drivers under the age of 18 convicted of or pleading nolo contendere to driving under the influence of drugs or alcohol; to provide for applicability. Referred to Committee on Judiciary.

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SB 407. By Senators Newbill of the 56th, Ralston of the 51st, Clay of the 37th and others:
A bill to amend Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance, so as to provide for a LEARNFARE program whereby certain teenagers included in grants of public assistance must attend school; to provide for legislative purpose; to provide for definitions; to provide for submission for federal approval; to provide for an effective date and automatic repeal. Referred to Committee on Education.
SB 408. By Senators Clay of the 37th, Newbill of the 56th, Edge of the 28th and others:
A bill to amend Chapter 4 of Title 6 of the Official Code of Georgia Annotated, the "Georgia Airport Development Authority Law," so as to change the provi sions relating to legislative purpose; to change the provisions relating to defini tions; to provide for legislative findings; to permit such authority to acquire, op erate, and develop certain mismanaged airports and provide for the condition and procedures relating thereto. Referred to Committee on Transportation.
SB 409. By Senators Oliver of the 42nd, Thompson of the 33rd and Henson of the 55th:
A bill to amend Code Section 35-8-2 of the Official Code of Georgia Annotated, relating to definitions applicable to the "Georgia Peace Officer Standards and Training Act," so as to include certain employees of county probation systems within the definition of the term "peace officer".
Referred to Committee on Public Safety.
SB 410. By Senators Oliver of the 42nd and Tysinger of the 41st:
A bill to amend Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to the "Georgia Civil Practice Act," so as to encourage continued partici pation by the citizens of Georgia in matters of public significance; to encourage the valid exercise of the constitutional rights of freedom of speech and the right to petition government for a redress of grievances.
Referred to Committee on Judiciary.
SB 411. By Senators Oliver of the 42nd, Walker of the 22nd and Robinson of the 16th:
A bill to amend Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, the "Child Support Recovery Act," so as to limit the issuance or re newal of licenses and other authorizations to engage in professions, businesses, or occupations to persons who are not in compliance with court orders for child support; to provide for regulations.
Referred to Committee on Judiciary.
SB 412. By Senators Madden of the 47th, Oliver of the 42nd, Thompson of the 33rd and others:
A bill to amend Article 3 of Chapter 4 of Title 24 of the Official Code of Georgia Annotated, relating to particular matters of proof, so as to provide for the admissibility of photographs, motion pictures, videotapes, and audio recordings as evi dence; to provide for related matters; to provide an effective date.
Referred to Committee on Judiciary.
SB 413. By Senators Crotts of the 17th, Starr of the 44th, Pollard of the 24th and others:
A bill to amend Code Section 33-23-1 of the Official Code of Georgia Annotated, relating to definitions relative to insurance agents, subagents, counselors, and ad justers, so as to provide that a regular salaried officer or employee of an insurer or of an agent or subagent who performs only clerical or administrative services

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in connection with any insurance transaction and who is not involved in soliciting insurance or signing or countersigning contracts shall not be considered an agent, subagent, counselor, or adjuster; to provide for an effective date. Referred to Committee on Insurance and Labor.
SB 414. By Senators Robinson of the 16th, Ray of the 19th, Edge of the 28th and others:
A bill to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions relating to professions and businesses, so as to ex empt certain persons from licensure, registration, and certification requirements who are in the state for a limited purpose relating to "The Games of the XXVIth Olympiad" and "The Games of the Xth Paralympiad" scheduled to be held in Georgia in 1996. Referred to Committee on Health and Human Services.
SB 415. By Senators Coleman of the 1st, Taylor of the 12th, Brown of the 26th and others:
A bill to amend Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Industry, Trade, and Tourism, so as to provide that the department may undertake the acquisition, construction, and operation of a convention and trade center in Chatham County, Georgia, and may contract with the City of Savannah, Chatham County, and local authorities for the con struction and operation of the convention and trade center. Referred to Committee on Economic Development, Tourism and Cultural Affairs.
SB 416. By Senators Turner of the 8th, Ragan of the llth and Taylor of the 12th:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide that a person whose address changes as a result of the 911 enhancement project shall apply for a replacement license showing the new address without having to pay a fee for such license; to provide for other matters relative to the foregoing; to provide an effective date. Referred to Committee on Public Safety.
SB 417. By Senators Robinson of the 16th, Hill of the 4th, Perdue of the 18th and others:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to eliminate the plea of nolo contendere to a charge of driving under the influence of alcohol or drugs; to provide an effective date; to provide for applicability. Referred to Committee on Judiciary.
SB 418. By Senators Robinson of the 16th, Ray of the 19th and Coleman of the 1st:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide that all prior convictions and pleas of nolo contendere to charges of driving under the influence of alcohol or drugs shall be counted in imposing penalties, driving restrictions, and license suspen sions regardless of when such pleas or convictions were obtained. Referred to Committee on Judiciary.
SB 419. By Senators Starr of the 44th, Coleman of the 1st and Clay of the 37th:
A bill to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to prohibit any person under the age of 21 from driving or being in actual physical control of a motor vehicle while such person's blood alcohol content is 0.02 grams or more. Referred to Committee on Judiciary.

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SB 420. By Senators Robinson of the 16th, Perdue of the 18th and Clay of the 37th:
A bill to amend Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to the offense of driving under the influence of alcohol or drugs, so as to provide that in any case where a person is convicted of the offense of driving under the influence of alcohol or drugs, the court shall attach a copy of the de fendant's record of convictions for traffic offenses to the judge's sentence or judgment. Referred to Committee on Judiciary.
SB 421. By Senators Robinson of the 16th, Ray of the 19th and Hill of the 4th: A bill to amend Article 2 of Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to arrests, trials, and appeals with respect to the prosecution of traffic offenses, so as to provide that in any case where a defendant charged with a violation of Code Section 40-6-391 has requested a trial by jury, has been bound over to a court in the county having jurisdiction to try the offense with a jury, and subsequently waives a trial by jury, the case shall be remanded to the same lower court from which it came for the trial of the case.
Referred to Committee on Judiciary.
SB 422. By Senators Robinson of the 16th, Starr of the 44th and Ray of the 19th:
A bill to amend Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to pretrial proceedings, so as to prohibit dismissal of a charge of driving under the influence of alcohol or drugs; to prohibit acceptance of a plea to any lesser offense to a charge of driving under the influence of alcohol or drugs. Referred to Committee on Judiciary.
SB 423. By Senators Perdue of the 18th, Ray of the 19th and Hill of the 4th: A bill to amend Code Section 40-5-57 of the Official Code of Georgia Annotated, relating to the assessment of points for the purpose of suspension or revocation of the driver's license of a habitually negligent or dangerous driver, so as to pro vide for the assessment of points against an individual's driver's license for a conviction or accepted plea of nolo contendere to driving under the influence.
Referred to Committee on Judiciary.
SR 373. By Senator Alien of the 2nd: A resolution creating the Joint Study Committee on School Choice.
Referred to Committee on Rules.
SR 374. By Senators Oliver of the 42nd, Tysinger of the 41st, Robinson of the 16th and Perdue of the 18th: A resolution creating the Senate Biomedical Technology Study Committee.
Referred to Committee on Rules.
SR 376. By Senator Crotts of the 17th: A resolution designating a certain portion of U.S. Interstate Highway 20 as the Clarence R. Vaughn, Jr., Freeway.
Referred to Committee on Transportation.
SR 378. By Senator Alien of the 2nd: A resolution honoring Rush Limbaugh.
Referred to Committee on Rules.

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SR 382. By Senators Slotin of the 39th, Henson of the 55th and Scott of the 36th:
A resolution proposing an amendment to the Constitution so as to provide that the construction and maintenance of rapid transit systems and railroads for pas senger service shall be a purpose for which motor fuel tax revenues are dedicated; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Transportation.
SR 383. By Senators Cheeks of the 23rd, Pollard of the 24th, Baugh of the 25th and others:
A resolution proposing an amendment to the Constitution so as to require the State of Georgia to fund the cost necessary to implement programs or activities mandated by the state upon counties, municipalities, or school boards or any combination thereof; to provide for enforcement procedures; to provide for sub mission of this amendment for ratification or rejection. Referred to Committee on Education.
SR 384. By Senators Cheeks of the 23rd, Pollard of the 24th, Baugh of the 25th and Kemp of the 3rd:
A resolution proposing an amendment to the Constitution so as to provide that no general bill providing for or increasing any tax, fee, assessment, or charge by whatever designation that is imposed for state purposes shall become law unless such bill is approved by two-thirds of the members elected to each branch of the General Assembly in a roll-call vote; to provide for the submission of this amend ment for ratification or rejection. Referred to Committee on Finance and Public Utilities.
SR 385. By Senators Cheeks of the 23rd, Walker of the 22nd, Baugh of the 25th and Pollard of the 24th:
A resolution proposing an amendment to the Constitution so as to prohibit a county, municipality, or political subdivision of the state from incurring debt or obligating itself through a certificate of participation without approval in a refer endum if the level of such indebtedness or obligation exceeds $1 million; to pro vide for the submission of this amendment for ratification or rejection. Referred to Committee on Finance and Public Utilities.
SR 386. By Senator Hooks of the 14th:
A resolution designating the Ward Edwards Bridge. Referred to Committee on Transportation.
The President called for the morning roll call, and the following Senators answered to their names:

Alien Balfour Baugh Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Crotts

Day Dean Egan Farrow Gillis Glanton Gochenour Guhl Harbison Hemmer Henson

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

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Newbill Oliver Parrish Perdue Pollard Ragan of llth

Ragan of 32nd Ralston
Ray Robinson Scott Slotin

Starr Thomas Thompson Turner Tysinger Walker

Those not answering were Senators:

Abernathy Blitch

Coleman Edge

Taylor

The following communication was filed with the Secretary:

TO: FROM: DATE: SUBJECT:

The State Senate Atlanta, Georgia 30334 Frank Eldridge Peg Blitch January 11, 1994 Roll Call

Because I was talking to constituents, I missed roll call this morning.
Is/ Peg Blitch 7th District

The President 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, Dr. Bill Willis, pastor of Trinity Presbyterian Church, Macon, Georgia, who offered scripture reading and prayer.

The following resolutions were read and adopted:

SR 377. By Senators Crotts of the 17th, Hooks of the 14th, Kemp of the 3rd and others:
A resolution recognizing the American Association of Retired Persons and declar ing AARP Day at the Capitol.

SR 379. By Senator Middleton of the 50th: A resolution commending Bill Parker.

SR 381. By Senators Henson of the 55th, Oliver of the 42nd, Parrish of the 43rd and others:
A resolution commending Marvin Kolin.

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

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Mr. President:
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 654. 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 calling a joint session of the House of Representatives and the Sen ate for the purpose of hearing a message from the Governor.
The Speaker has appointed as a Committee of Escort on the part of the House the following members:
Representatives Carlisle of the 107th, Cox of the 160th, Davis of the 48th, Hudson of the 156th, Ray of the 128th, Thomas of the 100th and Yeargin of the 90th.
Senator Slotin of the 39th introduced the doctor of the day, Dr. Joy Maxey of Atlanta, Georgia.
The following resolution was read and put upon its adoption:
HR 654. By Representatives Murphy of the 18th, Connell of the 115th, Walker of the 141st, Groover of the 125th, Lee of the 94th and Stanley of the 50th:
A resolution calling a joint session of the House of Representatives and the Sen ate for the purpose of hearing a message from the Governor; and for other purposes.
On the adoption of the resolution, the yeas were 41, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
The President has appointed as a Committee of Escort on the part of the Senate the following: Senators Taylor of the 12th, Brown of the 26th, Middleton of the 50th, Coleman of the 1st, Langford of the 35th, Clay of the 37th and Hemmer of the 49th.
Senator Ray of the 19th moved that the Senate recess at 10:40 A.M., the hour for the Joint Session of the Senate and the House, and that the Senate stand adjourned immedi ately upon dissolution of the Joint Session until 10:00 A.M. tomorrow.
The motion prevailed.
The hour for convening the Joint Session of the Senate and House having arrived, the President accompanied by the Secretary and the Senators, proceeded to the Hall of the House of Representatives, and the Joint Session, called for the purpose of hearing the State of the State message by His Excellency, Governor Zell Miller, was called to order by the President of the Senate. HR 654, authorizing the Joint Session of the Senate and the House, was read by the Clerk of the House.

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His Excellency, Governor Zell Miller, addressed the Joint Session of the Senate and the House of Representatives as follows:
STATE OF GEORGIA Office of the Governor
Atlanta 30334-0900
REMARKS BY GOVERNOR ZELL MILLER
State of the State Address, January 11, 1994
Lieutenant Governor Howard, Mrs. Howard, Speaker Murphy, Senators and Represent atives, Members of the Judiciary, Members of the Consular Corps, other honored guests, my fellow Georgians.
When I stood here for the first time as your Governor in January of 1991, I spoke of "two Georgias."
Today it's more accurate to speak of three Georgias -- the Georgia that was, the Geor gia that is, and the Georgia that can be.
The Georgia that we inherited in 1991 -- the Georgia that was -- was mired in a na tional recession. The Revenue Shortfall Reserve was empty, and the state budget was on a collision course with red ink.
It was a time of freeze and squeeze. We cut the budget, and then I called you back and we cut it some more.
We put stringent hiring and spending guidelines in place. We worked together.
And because we made those tough management choices at that time, I am pleased to report to you at this time our ship of state has a full head of steam, is on course and is moving in the right direction.
And now, the Georgia that is ... has a state government that is leaner and more efficient.
Our budget is balanced. Our top bond ratings are intact, and we have saved enough to put $122.6 million into the rainy-day reserve.
Throughout the recovery, Georgia's job growth has been steady and has outpaced the nation. That pattern is expected to continue. We have now replaced all of the private sector jobs that were lost in Georgia during the recession and added 100,000 more.
In 1993, one out of every nine new jobs created in America was in Georgia; and the Selig Center at the University of Georgia predicts we will create another 90,000 jobs in Georgia in 1994.
So, the Georgia that is, is getting stronger every day. Housing starts and retail sales are up sharply above the national average. Personal income is up. Unemployment is down. Georgia has become a magnet for people seeking opportunity. Between July 1992 and July 1993, we were second in the nation in attracting population from other states.
Our prosperity in the 21st century -- the strength and security of the Georgia that can be -- will depend more on strong minds than on strong backs.
And as we look to that future -- as we build the Georgia that can be -- we gather the strength and courage we need to change and prosper by remembering our heritage and the values that have made this nation great.
The fundamental premise upon which this state and this nation have been built is found in the first three words of the United States Constitution: "We, the people." In that remarkable document, crafted more than 200 years ago, our forebears struck a delicate bal ance between opportunity and responsibility.
They created a nation where no one was guaranteed happiness, but where everyone was given a chance to pursue it.

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But it was up to each individual to exert some personal initiative, to show some per sonal responsibility, and to be creative and resourceful with their opportunities.
And this nation did not become great because of the efforts of a governmental bureaucracy.
This nation became great because "we, the people" worked to build it up, together in our communities and individually in our own lives.
My mother used to quote what I thought was from the Bible. She would say, "Take what you want sayeth the Lord, take it and pay for it." I was a grown man before I realized that is not in the Bible.
But it was my mother's philosophy, a philosophy about opportunity: "take what you want" . . . and about responsibility: "and pay for it."
Those are the values that we must now renew and strengthen as we look toward the 21st century and the changes that are even now swirling around us.
They are also the values that underlie my goals for Georgia -- on the one hand, provid ing opportunity, but on the other, requiring responsibility.
So today, at the start of the 1994 Georgia General Assembly, I want to look with you at those goals and at the progress we are making toward providing opportunity and requiring responsibility: those values that define the Georgia that can be.
The Georgia that can be is a state where it's safe for adults to sit on the front porch and for children to ride their tricycles on the sidewalk, instead of having to live behind burglar bars and double locked doors while thugs take charge of the streets.
And we're on the way . . . Georgia is moving in the right direction to becoming a safer state and protecting our citizens from those who would destroy their opportunities.
This administration has opened more prison beds than any administration in history. This administration has opened more boot camps than any other state in the United States. And today in Georgia, violent criminals are spending more time behind bars than before.
For the first time, judges and juries can now give depraved murderers life sentences that mean what they say -- life in prison, with no chance for parole.
But, this is not enough. It is only a start in the right direction of truth in sentencing.
Over and over again, our constituents ask, "Why can't violent criminals get tougher sentences? Any why can't they actually serve the time the judge gives them?"
Well, I'm here today to tell you . . . they should, they can and they will! In Georgia, I want it to be where if you do the crime, you're going to do the time.
I will propose to you that for certain violent crimes, offenders get a mandatory mini mum prison sentence of 10 years -- the judge can give more -- and they will serve the full length of whatever their given sentence is. No parole. No loopholes. No exceptions.
I want criminals who have been given a life sentence to spend 14 years in prison before they are even considered for parole -- double the current seven years.
And once a criminal has committed a second violent felony . . . that's right: second . . . I want him gone from society. I want to see him spend the rest of his life behind bars.
We will give them a second chance to be responsible citizens, but that's all they get. Some talk about three strikes and you're out. That's in baseball. Violent crime is not a game. In Georgia, I want the rule to be two strikes, and you're gone . . . gone forever.
The Georgia that can be is a state where our citizens have the opportunity to be safe from drunk drivers as they travel our streets and highways.
Every legislative session since I have been Governor, I have pushed for tougher DUI laws, and every year we have made a little more progress.

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And, we're on the way . . . Georgia is moving in the right direction. Deaths caused by drunk drivers have declined by 24 percent during this administration.
But we can do better. I believe we must do better. So once again, I'll be coming with tougher DUI proposals.
Last year I sponsored Senate Bill 27 to administratively suspend the driver's license of a first-time DUI offender. It passed the Senate and I will continue my efforts to get this crucial piece of legislation through the House of Representatives.
But I will also propose a new, comprehensive DUI bill. In Georgia, if you drink and drive, and get caught, even for the first time, I want you to spend at least 24 hours in jail "sobering up" in more ways than one.
And, I want to see it where nobody -- not first-time offenders, not repeat offenders who've had at least five years pass since their last conviction -- nobody be able to use the "nolo" plea to get out of having their license suspended.
The Georgia that can be is a state where children have the opportunity to concentrate and learn at school, because they are safe and free from the fear that somebody will pull a gun on them.
And this week I will bring you legislation and funding proposals for a comprehensive plan to make our schools safe, ban the possession of handguns for those under 18 with certain appropriate exceptions and make it a felony for anyone to sell or furnish someone under 18 a handgun.
My budget contains badly needed aid to help schools with security equipment to imple ment their safe school plans -- plans that have already been developed on the local level with parents and law enforcement officials.
I also propose that we help local systems -- and I mean help in a really meaningful way -- to create alternative schools for those students who continually disrupt classes.
I also want to modernize our juvenile justice system to crack down on those young punks who commit violent crimes.
We must understand that our present system did not envision the level of violence and viciousness among young offenders today.
These are not the Cleaver kids soaping up some windows. These are middle school kids conspiring to hurt their teacher, teenagers shooting people and committing rapes, young thugs running gangs and terrorizing neighborhoods . . . and showing no remorse when they get caught.
That is why I will introduce legislation to require that those between the ages of 13 and 17 who commit certain violent crimes such as rape, murder and aggravated battery, be tried and prosecuted as adults in superior court.
And if they are convicted, they should be given an adult sentence, to be served in a separate youth facility run by the Department of Corrections.
And please do not fail to note that this will also enable us to devote more time and more space for those young offenders who can be reclaimed, those young offenders who can be rehabilitated, and in my budget I am recommending more alternatives for that type of young offender.
The Georgia that can be is a state where four-year-olds who are at risk have an oppor tunity to get the readiness skills they need in pre-kindergarten.
Because every dollar you spend for early childhood intervention saves five dollars along the way in education, criminal justice and welfare.
And we're on the way . . . nearly 6,500 children right now are in voluntary pre-kinder garten programs funded by the lottery. Within the next six months, we will have expanded to 10,000 children.

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And then, during Fiscal Year 95, as you will see, I propose to double that number to 20,000 children and have at least one program in every county in the state.
The Georgia that can be is a state where we do all we can to open the doors of opportu nity to Georgia's children -- and in return, we'll look for parents, teachers, children and their communities to shoulder the responsibility that's theirs.
And we're on our way. This year I'm proposing we expand the HOPE scholarship pro gram by raising the income cap to $100,000 to include more Georgia families. And cover mandatory fees and provide a book allowance.
And we are also proposing that we expand the HOPE program right through the senior year of college for students who maintain a "B" average every year.
In other states, the doors of college opportunity are being closed. The cost of college has increased so much that a college degree is out of reach for the families of many middle class students.
But not in Georgia. Any child, regardless of means, would be able to go from kindergar ten to a completed college degree tuition free.
HOPE is also opening wide the doors of opportunity for students at our technical institutes.
That's giving these students the chance to get the skills they need to compete for to morrow's jobs, not yesterday's -- jobs that you can build a future and a family on.
The Georgia that can be is a state where parents, teachers and communities have the opportunity to make decisions about their schools that are right for them. And we're on the way . . . our Charter Schools, Georgia 2000, The Family Connection and Next Generation Schools are all programs that encourage local participation, programs that challenge local communities to reinvent education from the bottom up.
The Georgia that can be is a state where we give our children the tools they need for today's world.
That means computers in the classrooms, satellite dishes at the schools and training equipment in our technical schools that matches what's used in today's workplace.
We're on the way. Using lottery proceeds, we're modernizing Georgia's schools and classrooms. And as I outlined last week in my presentation of the amended budget for FY 94, we're about to put even more technology into our classrooms, media centers and techni cal schools.
Let me say one other thing about education: For everything that we just talked about to really work, we need to rededicate ourselves to some old values. Discipline in the classroom. Stronger parental involvement. A reinvigorated commitment on the part of teachers.
I come from the old school that says, when it comes to education, children have to work hard, parents have to care and teachers have to inspire. There's no government program that can force all that to happen. But as an old school teacher, I can tell you there's no stopping a child when it does.
I grew up in a single-parent household. My father died two weeks after I was born.
My mother worked as a substitute school teacher and part-time at the post office, sold magazines and wooden plaques she made and painted mountain scenes on ... whatever it took to put food on the table.
And she raised me to work. I got my first real job when I was 12. My mother had moved us to Atlanta during World War II, and I wore a big plastic peanut costume, and stood in front of a Planter's peanut store on Peachtree Street handing out teaspoons of peanuts. I also delivered The Atlanta Journal.

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When we went back to Young Harris after the war, I worked summers on a timber cutting crew for $3 a day. I washed pans in the dining hall at Young Harris College, and waited tables and cooked hamburgers for $1 an hour when I was at the University.
What does that have to do with being Governor? Not a darn thing. But it has some thing to do, I submit, with a person and his values.
That's why I have no patience with those who have made welfare a way of life, some times through four generations. For many it has become a snare, not a safety net.
But we're on the way. Georgia is moving in the right direction toward requiring more personal responsibility with welfare reforms that demand more personal accountability on the part of recipients.
Compelling able-bodied adults without small children to work, requiring unmarried teenage moms to stay with their families, encouraging welfare recipients to delay having another child until they can take personal responsibility for bringing that new child into the world.
As divorce and out-of-wedlock births have become more prevalent in our society, more and more parents have taken to weaseling out of the responsibility for raising their children.
It takes two to create a child, and I believe that two ought to be held accountable for raising that child. So we've made it easier for mothers to prove the paternity of their child, and tougher for "deadbeat dads" to avoid paying child support.
This year I will bring you another welfare reform proposal. I want to take another step requiring more personal responsibility from welfare recipients.
It will provide up to 10 pilot programs which require any welfare recipient who does not have pre-school children at home and who has been on welfare for more than 24 months to simply start doing a little work in exchange for those benefits by putting in 20 hours of community service every month.
Many of today's welfare recipients are on the rolls because they have never learned the personal responsibility of carrying out certain tasks that a job requires.
And the best way -- the only way -- to learn that is through work experience.
I hope you can help me with this, because I think it is very important that Georgia be one of the first states in the nation to have such a program.
And if it works as we expect it to, I want to see it expanded statewide.
And then, for those families not on welfare, those families who do work and save and sometimes come up a little short at the end of the month -- the families to whom I dedi cated this administration -- I want to provide opportunity to this responsible group in the form of the biggest tax cut in Georgia history.
Now that the economy has turned around, we are not going to return to business as usual in this state government. We have steered the ship of state onto a new course and we are going to hold to it.
We are going to do whatever is necessary to remove crime from our communities. We are going to do whatever is necessary to improve education for our children.
We are going to fulfill our responsibilities. But beyond that, I am proposing that we return the remaining tax revenues to the citizens of Georgia.
I want to put money into the pockets of our working families with children by increas ing the income tax allowance for each dependent from $1,500 to $2,500.
And into the pockets of our senior citizens by increasing the ceiling on the retirement income that is excluded from taxation from $10,000 to $12,000.

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This is another kind of investment, an investment in our people -- a $100 million in vestment that will tell our hard-working families and senior citizens that here in Georgia, we really are changing the way government does business.
And finally, the Georgia that can be is a state where parents teach their children the lessons of personal responsibility and good conduct, of self-control and self-reliance.
State government can provide the external constraints. We can help schools purchase the security equipment they decide they need. We can ban the possession of handguns by youngsters.
We can provide tough penalties for violent crimes. And we can lock up repeat violent offenders.
These are things that government can do, and I believe we have come to the point in time when we must do them.
But they will never, ever take the place of parents doing what they ought to be doing at home. Nothing can take the place of that. Certainly not government.
We must give our children more than just the tools. We must give them our time. Par ents must read to them. Parents must demand that they do their homework. Parents must shut off the Game Boy and teach them the rules in the game of life: work, study, obey the law, respect your elders and your fellow citizens, get ahead, raise a family, live the Ten Commandments.
We cannot expect the schools to raise our children. In fact, it is the parent's duty to help the teachers teach our children.
I am a teacher by profession. I am a parent whose sons graduated from our public schools, and now I am a grandparent with grandchildren attending our public schools. And I see things and I feel things from that perspective.
Providing opportunity by improving education and reducing taxes for working families . . . demanding personal responsibility by getting tougher on crime and reforming our wel fare system -- that is what my mother meant by "taking what you want, and paying for it."
That is the goal of this administration. That is what I will continue to work with you on as we enter this 94 Session . . . and as this generation of Georgians looks ahead to our rendezvous with the 21st century and the Georgia that can be.
God bless you. God bless Georgia.
Senator Ray of the 19th moved that the Joint Session be now dissolved, and the motion prevailed.
The President of the Senate announced the Joint Session dissolved.
Pursuant to the provisions of a previously adopted motion, the Senate stood adjourned until 10:00 A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Wednesday, January 12, 1994 Third Legislative Day

The Senate met pursuant to adjournment at 10:00 A.M. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 424. By Senators Gochenour of the 27th, Glanton of 34th, Newbill of the 56th and others:
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 authorize the reading or posting of certain writings, documents, and records without content based censorship thereof; to provide for notice to local school superintendents.
Referred to Committee on Education.
SB 425. By Senators Balfour of the 9th and Tysinger of the 41st:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-volt age contractors, and utility contractors, so as to change the provisions relating to the licensing of utility contractors; to provide an effective date.
Referred to Committee on Science, Technology and Industry.
SB 426. By Senators Baugh of the 25th and Kemp of the 3rd:
A bill to amend Article 1 of Chapter 2 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions regarding eligibility for public office, to change the conditions of ineligibility to hold civil office and to provide for vacan cies relating thereto.
Referred to Committee on Ethics.
SB 427. By Senators Isakson of the 21st, Edge of the 28th, Clay of the 37th and others:
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 require a budget unit planning to institute any new program, the projected cost of which exceeds $1 million, to submit to the Budgetary Re sponsibility Oversight Committee an evaluation of the feasibility of involving pri vate persons.
Referred to Committee on Appropriations.

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SB 428. By Senators McGuire of the 30th, Glanton of the 34th and Gochenour of the 27th:
A bill to amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administration of revenue and taxation, so as to pro vide for claims for refunds of certain sales and use taxes; to provide for proce dures and forms. Referred to Committee on Finance and Public Utilities.
SB 429. By Senators McGuire of the 30th, Balfour of the 9th, Glanton of the 34th and Gochenour of the 27th:
A bill to amend Code Section 42-9-45 of the Official Code of Georgia Annotated, relating to rule-making powers of the State Board of Pardons and Paroles, so as to provide that an inmate convicted of a violent crime may not be paroled until such inmate has served two-thirds of the prison term imposed as a sentence. Referred to Committee on Corrections.
SB 430. By Senators McGuire of the 30th, Balfour of the 9th, Glanton of the 34th and Gochenour of the 27th:
A bill to amend Article 1 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to the Georgia lottery, so as to provide that all advertisements for games offered by the Georgia lottery shall disclose the odds of winning the games so advertised. Referred to Committee on Economic Development, Tourism and Cultural Affairs.
SB 431. By Senator McGuire of the 30th:
A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, so as to prohibit the accepting of certain cam paign contributions; to reduce the amount of certain maximum allowable contributions. Referred to Committee on Ethics.
SB 432. By Senators Gillis of the 20th, Hemmer of the 49th and Hill of the 4th:
A bill to amend Part 2 of Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Hazardous Site Response Act," so as to redefine a certain term; to provide hazardous waste management fees for hazardous waste burned for energy recovery; to provide maximum payments for hazardous waste water which is treated on site. Referred to Committee on Natural Resources.
SB 433. By Senators Farrow of the 54th, Ralston of the 51st and Oliver of the 42nd:
A bill to amend Code Section 19-12-1 of the Official Code of Georgia Annotated, relating to the petition for name change and consent of a minor's parents or guardian, so as to provide that the written consent of a parent shall not be re quired if the parent has not contributed to the support of the child for a period of one year or longer immediately preceding the filing of the petition. Referred to Committee on Judiciary.
SB 434. By Senator Henson of the 55th:
A bill to amend Code Section 43-10A-7 of the Official Code of Georgia Anno tated, relating to licensing requirements for professional counselors, so as to ex empt from the licensing requirements for professional counselors practitioners

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who are employees or student peer counselors of a public or private college or university in this state; to provide for an exception. Referred to Committee on Health and Human Services.
SB 435. By Senators Newbill of the 56th, Clay of the 37th, Guhl of the 45th and others:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," so as to provide an alternative method of calculating the local fair share for county and independent school sys tems in certain circumstances; to change the calculation of equalization grants to local school systems; to correct certain cross-references. Referred to Committee on Education.
SB 436. By Senators Newbill of the 56th, Clay of the 37th, Egan of the 40th and others:
A bill to amend Code Section 20-2-282 of the Official Code of Georgia Annotated, relating to the comprehensive evaluation of public schools, so as to provide an exemption from such comprehensive evaluations and standards and procedures relating thereto. Referred to Committee on Education.
SB 437. By Senators Clay of the 37th, Newbill of the 56th, Guhl of the 45th and Crotts of the 17th:
A bill to amend Code Section 50-27-3 of the Official Code of Georgia Annotated, relating to definitions used in the "Georgia Lottery for Education Act," so as to redefine educational purposes and programs to include the attendance of institu tions which provide continuing education services to persons who were or would have been eligible for special education. Referred to Committee on Education.
SB 438. By Senators Clay of the 37th, Guhl of the 45th and Crotts of the 17th:
A bill to amend Article 3 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to the selection of jurors, so as to change the method and manner in which certain jury lists are composed; to provide for duties and re sponsibilities of the Department of Public Safety, boards of education of inde pendent and county school systems, and the chief registrar of each county with respect to jury lists; to provide an effective date. Referred to Committee on Special Judiciary.
SB 439. By Senators Isakson of the 21st, Robinson of the 16th and Guhl of the 45th:
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 change the definition of recrea tional bingo; to authorize nonprofit organizations that are licensed to operate bingo games to operate recreational games. Referred to Committee on Special Judiciary.
SB 440. By Senators Taylor of the 12th, Brown of the 26th, Middleton of the 50th and others:
A bill to provide measures and procedures to enhance school safety and to pro vide that certain juvenile offenders who commit certain violent felonies shall be tried as adults in the superior court and, upon conviction, sentenced directly to the custody of the Department of Corrections for placement in designated youth confinement units operated by the Department of Corrections; to provide for an effective date and applicability. Referred to Committee on Judiciary.

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SB 441. By Senators Taylor of the 12th, Brown of the 26th, Middleton of the 50th and others:
A bill to provide that persons who are convicted of certain serious violent felonies shall serve minimum terms of imprisonment which shall not be suspended, pro bated, deferred, or withheld by the sentencing judge and to restrict the granting of paroles, earned time, or other such sentence-reducing measures to persons convicted of certain serious violent felonies; to provide a short title. Referred to Committee on Judiciary.
SB 442. By Senators Oliver of the 42nd and Thomas of the 10th:
A bill to amend Article 3 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to employees' records checks for day-care centers, so as to provide for preliminary records check determinations in addition to fingerprint records check determinations for a foster care home parent or parents used by licensed child-placing agencies; to provide an effective date.
Referred to Committee on Judiciary.
SB 443. By Senators Oliver of the 42nd, Robinson of the 16th and Broun of the 46th:
A bill to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to change the provisions regarding the transportation of mentally ill, mentally retarded, and alcoholic or drug dependent individuals who are patients or clients. Referred to Committee on Health and Human Services.
SB 444. By Senator Tysinger of the 41st:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to the general provisions of the General Assembly, so as to authorize the General Assembly to introduce jointly sponsored bills and resolutions; to provide for the procedure of introducing jointly sponsored bills and resolutions; to pro vide for other related matters; to provide an effective date. Referred to Committee on Rules.
SB 445. By Senators Baugh of the 25th and Kemp of the 3rd:
A bill to amend Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title, so as to change the vehicles for which no certificate of title is required to be obtained. Referred to Committee on Public Safety.
SB 446. By Senators Baugh of the 25th and Kemp of the 3rd:
A bill to amend Code Section 31-10-16 of the Official Code of Georgia Annotated, relating to criteria for determining death, so as to authorize coroners and deputy coroners to make such determinations under certain conditions.
Referred to Committee on Health and Human Services.
SB 447. By Senators Baugh of the 25th and Kemp of the 3rd:
A bill to amend Code Section 40-8-111 of the Official Code of Georgia Annotated, relating to equipment of school buses generally, so as to require seat safety belts on certain buses. Referred to Committee on Education.

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SB 448. By Senators Pollard of the 24th, Robinson of the 16th, Ray of the 19th and Cheeks of the 23rd:
A bill to amend Article 2 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the probate courts, so as to provide that such courts shall have jurisdiction to try certain violations of Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, known as the "Georgia Boat Safety Act," when the defendant waives a jury trial. Referred to Committee on Special Judiciary.
SB 449. By Senators Starr of the 44th, Ray of the 19th and Hill of the 4th:
A bill to amend Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions applicable to jails, so as to provide for the awarding of good-time allowances to inmates confined as county inmates for probation violations or felony offenses; to provide for applicability. Referred to Committee on Corrections.
SB 450. By Senators Farrow of the 54th and Huggins of the 53rd:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of the superior courts, so as to provide for a fourth judge of the superior courts of the Conasauga Judicial Circuit of Georgia; to provide for the appointment, subsequent election, and terms of office of said judge; to declare inherent authority; to provide effective dates. Referred to Committee on Judiciary.
SB 451. By Senators Turner of the 8th, Broun of the 46th, Starr of the 44th and others:
A bill to amend Part 19 of Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to regional interstate banking, so as to provide a unified and orderly method for permitting nation-wide reciprocal banking; to re vise definitions and references; to provide for acquisitions by Georgia banks or bank holding companies and out-of-state banks and bank holding companies re quiring the approval of the commissioner of banking and finance. Referred to Committee on Banking and Financial Institutions.
SR 387. By Senators Newbill of the 56th, Clay of the 37th, Glanton of the 34th and others:
A resolution creating the Senate Study Committee for the Reorganization of the Department of Education. Referred to Committee on Rules.
SR 388. By Senators Newbill of the 56th, Clay of the 37th, Glanton of the 34th and others:
A resolution creating the Senate Study Committee on Core Knowledge for Education. Referred to Committee on Rules.
SR 389. By Senators Clay of the 37th, Newbill of the 56th, Ralston of the 51st and others:
A resolution creating the Senate Local School Board Empowerment Study Committee. Referred to Committee on Rules.

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SR 390. By Senators Newbill of the 56th, Clay of the 37th, Glanton of the 34th and others: A resolution proposing an amendment to the Constitution so as to provide for the election of the members of the State Board of Education by the members of the General Assembly from the respective congressional districts and for the State School Superintendent to be appointed by the State Board of Education; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Education.
SR 391. By Senators Thomas of the 10th, Scott of the 36th, Walker of the 22nd and others: A resolution creating the Commission on Minority Health Improvement.
Referred to Committee on Rules.
SR 392. By Senators Farrow of the 54th, Ralston of the 51st and Oliver of the 42nd: A resolution proposing an amendment to the Constitution so as to provide that the rules establishing venue for where divorce cases may be tried shall also apply to separate maintenance cases where spouses are living separately and no action for divorce is pending; to provide for submission of this amendment for ratifica tion or rejection.
Referred to Committee on Judiciary.
SR 395. By Senators Taylor of the 12th, Brown of the 26th, Middleton of the 50th and others: A resolution proposing an amendment to the Constitution so as to provide mandatory minimum terms of imprisonment of ten years for the offenses of armed robbery, kidnapping, rape, aggravated child molestation, aggravated sod omy, and aggravated sexual battery and to prohibit the State Board of Pardons and Paroles from granting a pardon or parole or any form of early release; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Judiciary.
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Natural Resources has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 10. Do pass by substitute.
Respectfully submitted,
Senator Gillis of the 20th District, Chairman
Mr. President:
The Committee on Health and Human Services had has under consideration the follow ing bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 414. Do pass.
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 follow ing bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 199. Do pass by substitute. Respectfully submitted, Senator Walker of the 22nd District, Chairman
Mr. President:
The Committee on Finance and Public Utilities has had under consideration the follow ing bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 328. Do pass. Respectfully submitted, Senator Starr of the 44th District, Chairman
The following communication was read by the Secretary:
The State Senate Atlanta, Georgia 30334 To The Secretary of the Georgia State Senate:
This note will verify that John Parrish is ill today and will not be attending his duties in the Georgia Senate today.
John Parrish, District 43 Is/ Lillian Walker
Secretary to Senator John Parrish
This 12th day of January, 1994.
Senator Tysinger of the 41st moved that Senator Alien of the 2nd be excused from the Senate today, due to a death in the family.
The motion prevailed and Senator Alien of the 2nd was excused from the Senate today.
The President called for the morning roll call, and the following Senators answered to their names:

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

Dean Edge Egan Farrow Gillis Glanton Gochenour Guhl Harbison Hemmer Henson Hill Hooks

Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable McGuire Middleton Newbill Oliver Perdue Pollard

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Ragan of llth Ragan of 32nd RRaaylston
Robinson

Slotin Starr Tayl, or
Thomas

Thompson Turner T_ysm. ger
Walker

Those not answering were Senators:

Abernathy Alien (excused)

Parrish (excused)

Scott

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America, and introduced the chaplain of the day, The Reverend Spenser Simrill, pastor of Saint Luke's Episcopal Church, Atlanta, Georgia, who offered scripture reading and prayer.

Senator Oliver of the 42nd introduced the doctor of the day, Dr. Kathryn Mettler of Atlanta, Georgia.

The following resolutions were read and adopted:

SR 393. By Senators Tysinger of the 41st, Oliver of the 42nd, Burton of the 5th and others:
A resolution commending the Dunwoody High School football team.

SR 396. By Senator Dean of the 31st: A resolution recognizing the Pilot Club of Cedar Valley.

SR 394. By Senators Tysinger of the 41st, Edge of the 28th, Balfour of the 9th and others:
A resolution expressing sympathy at the passing of Edwin A. Isakson.

Senator Edge of the 28th and the President of the Senate addressed the Senate briefly, eulogizing Senator Isakson's father, Edwin A. Isakson.

Senator Ray of the 19th moved that upon dissolution of the Joint Session of the Senate and the House, the Senate would stand adjourned until 10:00 A.M. tomorrow.

The motion prevailed.

The hour for convening the Joint Session of the Senate and the House having arrived, the President, accompanied by the Secretary and the Senators, proceeded to the Hall of the House of Representatives, and the Joint Session called for the purpose of hearing a message from Honorable Harold G. Clarke, Chief Justice of the Supreme Court of Georgia, was called to order by the President of the Senate. HR 656, authorizing the Joint Session of the Senate and House, was read by the Clerk of the House.

The Honorable Harold G. Clarke, Chief Justice of the Supreme Court, addressed the Joint Session of the Senate and House of Representatives as follows:

Lt. Gov. Howard, Mr. Speaker Murphy, and ladies and gentlemen of the General As sembly: I come here to deliver a state of the judiciary report, but for me the personal import of this day goes far deeper.
As a freshman legislator thirty-three years ago, I spoke from the well of this house for

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the first time. Today, I speak to you for my last time. So I can't resist telling about some of my personal feelings.
I have told you before that 131 freshmen legislators took office in the Senate and House in January of 1961. Only one of that class remains in the General Assembly. Mr. Speaker, you are it. Two others serve on capitol hill, though. They are Governor Zell Miller and me. You might call us the survivors of the class of '61. In another month and a half, only two will remain. I leave you at the end of February.
Thinking back over the last thirty-three years, I see differences. Many of those mem bers have left this life. Many of the rules, customs and laws have also left this life. The General Assembly of 1961 was good when measured by the standards of its times. Today, you have higher standards, and you deal with them well. I believe the courts also deal well with today's standards.
You and I understand that each of the three branches of our government are separate. We must preserve that separation, but we must also remember our obligations to serve as joint venturers in the interest of the people. After all, the real purpose for government is the protection of the people. The real purpose of the government is not the protection of the government or any of its branches or agencies. Your Judicial Branch strives mightily to fulfill its role as your joint venturer in serving the people. Nevertheless, problems increase. In spite of our efforts, the caseloads grow at a dazzling rate. The cost to parties to lawsuits continues to escalate. Lawsuits still take too much time.
The Judicial Branch attempts to tackle those problems by making the very best use of its meager resources. Our efforts begin with the recognition that the personnel of the Judi cial Branch owe to the people of this state good old fashioned hard work coupled with sound judgment. That alone, though, will not get the whole job done. So we have looked toward making changes in the system. You have helped us get a fine start in the automation of our courts. This work must continue. It cannot continue without your help.
The wheels of justice cannot turn smoothly without the constant and continuing educa tion of the judiciary. Judges who are not kept up-to-date with the fast changing flow of the law can become the reason for the retrial or protracted trial of lawsuits at the expense of the public interest. The Institute for Continuing Judicial Education, thanks to your help, works to avoid this possibility. It still needs your help.
A judicial system which fails to provide fair and equal treatment to all the people de serves the dishonor of all the people. Fair, just and sensitive treatment of all the people lubricates the system so it can dispense more efficient, speedy and inexpensive resolution of disputes and prosecution of crimes. With these thoughts in mind, we created the Commis sion on Racial and Ethnic Bias. We also created the Commission on Gender Equality. Each of these groups, with your help, opens the door to doing what's right.
Spending more money to provide effective legal counsel to indigent persons accused of crimes can save money. You don't have to be too smart to know that it costs less when a lawsuit is tried right and finalized the first time. In this area, too, we ask for your help. In providing that help, please remember you do what's right. No person should suffer at the hands of the courts because of poverty.
Lawyer professionalism continues to be a major concern of the Judicial Branch and the legal community. The Chief Justice's Commission on Professionalism has determined to make a difference. I believe it makes a difference. More lawyers view their job as that of a problem-solver and not that of a legal obstructionist.
While I'm talking about problem-solving, let me say a word or two about alternative dispute resolution. I can think of no project of the court which holds more promise than ADR. In dealing with mediation, arbitration and several other alternative ways to settle fusses, the courts can move business at a faster rate with less expense and with more public satisfaction. We do not want to diminish any citizen's right to access to the courts. At the same time, it's not fair to that citizen to say that the only place you can get your disputes resolved is through a full blown legal proceeding.

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We talk about mediation and arbitration as being the alternatives to trial. This is prob ably incorrect. The trial itself ought to be the alternative. It ought to be the last resort after the parties are given the opportunity to settle their differences through other means. It has been said that if war is the last stage of diplomacy, then trial ought to be the last stage of dispute resolution.
Necessity causes the growth of ADR. We all stand to benefit from it. Again, we ask your assistance in keeping this important judicial ball rolling.
The things I have mentioned won't solve all our problems. There's no bigger issue before the public today than the lawlessness around us. Mention the word "crime" and most people think of criminal laws, police work, court proceedings and prisons. Each of those elements hold an important position in the protection of our people from the criminal ele ment. Of course, that protection is vital.
The police must do their part. The courts must do their part. The prisons must do their part. But, this is not enough.
Effective gun control cries out for treatment. Because I will leave office soon, I feel free to speak on some policy issues. Some say people, not guns, kill. I agree that a gun seldom shoots unless a finger pulls the trigger. But I say to you - a finger never shoots unless it is wrapped around a trigger. The right to bear arms is important. But, my friends, the right not to be shot on the street, or in the home, business or school is also important. We just cannot continue to make guns so readily available to everybody.
But all these things are really short-term remedies for long-term problems. We need the kind of impatience that causes us to apply the short-term remedies of vigorous law enforce ment, effective gun control, fair adjudication of guilt and an adequate corrections system. We need to go further, however. We need to go beyond that kind of impatience and apply patient remedies - remedies which attack the root causes of the crime.
The modern American way seems to call for a quick fix on everything. The ancient Chinese had a different way. With stoic patience, they gazed down the long tunnel of time. Instead of thinking in terms of months or years, they thought in terms of generations. There is a place for the quick fix, but short-term answers are not enough.
Most of the long-term problems lie outside the power of the Judicial Branch. So let me meddle by suggesting some important things relating to the crime problem. The environ ment needs a change. We need to seek means of reducing teenage pregnancies. Too many unfortunate children born to an ill-prepared and unassisted teenage mother end up in the juvenile courts. This is not fair to the children or the public.
We need to provide education. By this, I mean more than the standard classroom courses. I mean education which teaches the value of humanity, the obligations we all owe one another and the dignity of the law.
We need to have concern for the health of all of our people. There is little doubt that in so many instances treatment of drug abusers is more economical than their incarceration.
The fragmentation of governments and the illogical structure of the court system stand as a barrier to law enforcement and prosecutions. The time is ripe to begin a serious effort to consolidate local governments. Too many cities and counties stay like they are only to protect political interests. Those interests must not come ahead of the interest of the people.
The structure of our courts has seen little improvement in my long lifetime. We have polished and repaired it. The time for an overhaul has come.
Beyond that, we need to provide for better communities with better housing, with fami lies and neighbors who care for one another. This kind of atmosphere allows a community to offer hope to its young people.
The one element which has set the United States apart from all other nations has been that it is a nation of hope. Through its more than two hundred years, it has refused to give

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up hope. I believe this will always be true, but I see at least some reason to fear that com munities of hopelessness will expand.
So if there's one challenge resting with those of us in the Judicial Branch, those of you in the Legislative Branch and our brothers and sisters in the Executive Branch, it is this: although the primary function of government is to protect its people, let us commit our selves to the understanding that protection is a broad thing. The only protection for the hopeless is hope. Why should not we, the leaders in the business of governing the people, be also leaders in the business of giving them hope for a better future?
Senator Ray of the 19th moved that the Joint Session be now dissolved, and the motion prevailed.
The President of the Senate announced the Joint Session dissolved.
Pursuant to the provisions of a previously adopted motion, the Senate stood adjourned until 10:00 A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Thursday, January 13, 1994 Fourth Legislative Day

The Senate met pursuant to adjournment at 10:00 A.M. today and was called to order by the President.
Senator Muggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1152. By Representatives Dobbs of the 92nd and Stancil of the 91st:
A bill to amend an Act providing for a change in the compensation of the Sheriff, the Tax Commissioner, the Judge of the Probate Court, the Clerk of the Superior Court, and the Chairperson of the Board of Commissioners of Newton County to reflect increases in the cost of living, so as to change the base salary for such county officers.
HB 1232. By Representatives Milam of the 130th, Smith of the 102nd and Epps of the 131st:
A bill to amend an Act providing a board of education of Troup County, so as to define the Troup County School District.
HB 495. By Representatives Buck of the 135th, Powell of the 23rd, Carrell of the 87th, Lee of the 94th and Floyd of the 138th:
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 the requirement that persons be under the age of 55 years at the time they become members; to reduce the age of vesting and the age of eligibility for certain benefits.
The following bills of the Senate were introduced, read the first time and referred to committees:
SB 452. By Senator Broun of the 46th:
A bill to amend Code Section 50-27-13 of the Official Code of Georgia Annotated, relating to the disposition of state lottery proceeds, so as to provide for a shortfall reserve subaccount to be maintained within the Lottery for Education Account within the state treasury; to provide for the use of the funds in such shortfall reserve subaccount. Referred to Committee on Economic Development, Tourism and Cultural Affairs.

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SB 453. By Senator Broun of the 46th:
A bill to amend Code Section 50-27-3 of the Official Code of Georgia Annotated, relating to definitions applicable to the "Georgia Lottery for Education Act," so as to change the definition of the term "educational purposes and programs"; to authorize appropriations from the Lottery for Education Account for the purpose of providing teachers the necessary training in the use and application of computers. Referred to Committee on Economic Development, Tourism and Cultural Affairs.
SB 454. By Senators Robinson of the 16th and Hooks of the 14th:
A bill to amend Subpart 2 of Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to health insurance plans for public school employees, so as to provide for the payment of premiums in monthly in stallments; to provide for an effective date. Referred to Committee on Insurance and Labor.
SB 455. By Senator Pollard of the 24th:
A bill to amend Code Section 15-6-50.1 of the Official Code of Georgia Anno tated, relating to the Superior Court Clerks Training Council, so as to change the provisions relating to numbers of members and type of membership; to change the quorum necessary to conduct business. Referred to Committee on Special Judiciary.
SB 456. 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 the superior courts, so as to provide that the clerk of the superior court is the custodian of the records of his or her office; to provide for contracts relating to records or computer generated data and the re quirements related thereto. Referred to Committee on Special Judiciary.
SB 457. By Senator Egan of the 40th:
A bill to amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, the "Georgia Administrative Procedure Act," so as to provide for the distribution of proposed rules and regulations of the State of Georgia to chairpersons of standing committees of the General Assembly. Referred to Committee on Special Judiciary.
SB 458. By Senators Farrow of the 54th and Bowen of the 13th:
A bill to amend Code Section 15-16-1 of the Official Code of Georgia Annotated, relating to qualifications and training requirements for sheriffs, so as to change the provisions relating to qualifications for sheriffs; to provide an effective date. Referred to Committee on Public Safety.
SB 459. By Senators Ragan of the 32nd and Taylor of the 12th:
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. Referred to Committee on Special Judiciary.

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SB 460. By Senator Oliver of the 42nd:
A bill to amend Code Section 16-15-3 of the Official Code of Georgia Annotated, relating to definitions in the "Georgia Street Gang Terrorism and Prevention Act," so as to add rape within the list of those crimes considered a pattern of criminal gang activity.
Referred to Committee on Judiciary.
SB 461. By Senators Oliver of the 42nd, Hill of the 4th and Scott of the 36th:
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 open certain juvenile hear ings to the public; to provide that certain delinquency hearings may be closed to the public; to provide that certain files and records of juvenile proceedings shall be open to inspection.
Referred to Committee on Judiciary.
SB 462. By Senators Thomas of the 10th, Burton of the 5th, Oliver of the 42nd and others:
A bill to amend Code Section 40-6-228 of the Official Code of Georgia Annotated, relating to enforcement of the Handicapped Parking Law, so as to provide for unlawful practices directed towards handicapped parking monitors; to provide a penalty.
Referred to Committee on Health and Human Services.
SB 463. By Senators Isakson of the 21st, Clay of the 37th, Crotts of the 17th and others:
A bill to amend Article 2 of Chapter 9 of Title 12 of the Official Code of Georgia Annotated, relating to motor vehicle emission inspection and maintenance, so as to delete the requirement of the display of an emission inspection sticker; to de lete references to emission inspection stickers; to repeal penalties for prohibited acts relative to emission inspection stickers.
Referred to Committee on Natural Resources.
SB 464. By Senators Taylor of the 12th, Brown of the 26th, Middleton of the 50th and others:
A bill to amend Article 5 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Aid to Dependent Children Act," so as to provide for definitions; to require that certain recipients of public assistance participate in the Work for Welfare Program; to provide for exemptions; to provide for income tax conse quences; to provide for effective dates.
Referred to Committee on Health and Human Services.
SB 465. By Senators Oliver of the 42nd, Thompson of the 33rd and Scott of the 36th:
A bill to amend Code Section 19-13-4 of the Official Code of Georgia Annotated, relating to protective orders and consent agreements in family violence cases, so as to provide that upon a showing of good cause, the court may extend an initial six-month protective order for a second six-month period; to provide for motions and hearings to convert temporary orders into permanent orders.
Referred to Committee on Judiciary.
SB 466. By Senators Oliver of the 42nd, Scott of the 36th and Thompson of the 33rd:
A bill to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable, procedures, and schedule of bails, so as to remove acts of family violence or violations of protective orders or consent orders relating to acts of family violence from schedules of bails.
Referred to Committee on Judiciary.

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SB 467. By Senators Oliver of the 42nd, Thompson of the 33rd and Scott of the 36th;
A bill to amend Code Section 19-3-3 of the Official Code of Georgia Annotated, relating to filing of petition seeking relief from family violence, so as to provide that a hearing shall be held within ten days of the filing of the petition or as soon as practical thereafter, but in no case later than 30 days after the filing of the petition.
Referred to Committee on Judiciary.
SB 468. By Senators Oliver of the 42nd, Ray of the 19th and Thompson of the 33rd:
A bill to amend Article 3 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to criminal records checks of day care center employees, so as to authorize preliminary criminal records checks of certain persons alleged to have committed child abuse; to provide for immunity from liability.
Referred to Committee on Judiciary.
SB 469. By Senators Thompson of the 33rd, Oliver of the 42nd and Scott of the 36th:
A bill to amend Chapter 3 of Title 49 of the Official Code of Georgia Annotated, relating to local family and children services, so as to change the composition, qualifications, and manner of selecting county boards of family and children ser vices; to provide for terms and vacancies; to provide for a chairperson and vice chairperson; to provide for compensation and expenses; to provide for effective dates.
Referred to Committee on Health and Human Services.
SB 470. By Senators Oliver of the 42nd and Marable of the 52nd:
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 regarding protection of children, so as to provide for determinations regarding custody ac tions concerning children believed to have been subjected to child abuse.
Referred to Committee on Judiciary.
The following bills of the House were read the first time and referred to committees:
HB 495. 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 the requirement that persons be under the age of 55 years at the time they become members; to reduce the age of vesting and the age of eligibility for certain benefits.
Referred to Committee on Retirement.
HB 1152. By Representatives Dobbs of the 92nd and Stancil of the 91st:
A bill to amend an Act providing for a change in the compensation of the Sheriff, the Tax Commissioner, the Judge of the Probate Court, the Clerk of the Superior Court, and the Chairperson of the Board of Commissioners of Newton County to reflect increases in the cost of living, so as to change the base salary for such county officers.
Referred to Committee on Urban and County Affairs.

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HB 1232. By Representatives Milam of the 130th, Smith of the 102nd and Epps of the 131st:
A bill to amend an Act providing a board of education of Troup County, so as to define the Troup County School District.
Referred to Committee on Urban and County Affairs.

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

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 405. Do pass.
Respectfully submitted,
Senator Thompson of the 33rd District, Chairman

Mr. President:

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

SB 417. Do pass. SB 419. Do pass.

SB 421. Do pass.

Respectfully submitted,

Senator Oliver of the 42nd District, Chairman

Mr. President:

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

SB 386. Do pass by substitute.

HB 234. Do pass.

Respectfully submitted,

Senator Huggins of the 53rd District, Chairman

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

SB 10 SB 199

SB 414

The following statement was filed with the Secretary:

The State Senate Atlanta, Georgia 30334
January 13, 1994
To The Secretary of the Georgia Senate:

Because of Senator John Parrish being ill, he will not be present in the Senate today. /a/ Lillian Walker, Secretary

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

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

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

Newbill Oliver Perdue Pollard Ragan of llth Ragan of 32nd RoiotTM, j^lstn D*o;b..'nson
fott blotm
Starr Taylor Thomas Thompson Turner Tysinger

Those not answering were Senators:

Alien

Parrish (excused)

Walker

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

Senator Guhl of the 45th introduced the chaplain of the day, Reverend Kevin Lobello, pastor of the First United Methodist Church, Social Circle, Georgia, who offered scripture reading and prayer.

Senator Kemp of the 3rd introduced Miss Frances Louise Parker, Miss South Carolina, USA, having been commended by SR 380, adopted previously, who briefly addressed the Senate.

Senator Clay of the 37th moved that Senator Thompson of the 33rd be excused from the Senate today due to illness.

On the motion, the yeas were 31, nays 0; the motion prevailed, and Senator Thompson of the 33rd was excused from the Senate today.

The following resolutions were read and adopted:

SR 397. By Senator Edge of the 28th:
A resolution commending and recognizing the volunteer efforts of lawyers han dling indigent defense criminal cases throughout Georgia and the 1000 Lawyers for Justice project.

SR 398. By Senators Ragan of the llth, Turner of the 8th and Scott of the 36th:
A resolution commending the Thomas County Central High School "Yellow Jackets" football team.

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79

SR 399. By Senators Pollard of the 24th and Cheeks of the 23rd: A resolution recognizing and commending Mr. Raymond "Bodie" Adams.
SR 400. By Senators Ragan of the llth, Turner of the 8th, Scott of the 36th and others: A resolution recognizing Charlie Ward, Jr.
SR 401. By Senator Ragan of the llth: A resolution commending Mr. Raymond C. Singletary, Jr.
SR 402. By Senator Ragan of the llth: A resolution recognizing Cynthia Levatte.
The following local, uncontested bill of the Senate, favorably reported by the committee as listed on the Senate Local Consent Calendar, was put upon its passage:

SENATE LOCAL CONSENT CALENDAR
Thursday, January 13, 1994 FOURTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)

SB 405 Cheeks, 23rd Walker, 22nd RICHMOND COUNTY
Provides homestead exemption from all Richmond County School District ad valorem taxes for educational purposes for certain residents, residents 65 and over regardless of income.

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

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

Those voting in the affirmative were Senators:

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

Glanton Gochenour Guhl Harbison Hemmer Henson Hill

Seeks Clay
Coleman Day Dean Edge Farrow Gillis

JsakTn8 Kemp
Langford of 29th Madden Marable McGuire Middleton Newbill

Oliver Perdue Pollard Ragan of llth Ragan of 32nd RoictTM |JjfStOn
^binson fcott
blotln Starr Thomas Turner Tysinger Walker

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Those not voting were Senators:

Abernathy Blitch Crotts

Egan Hooks Langford of 35th

Parrish (excused) Taylor Thompson (excused)

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

The bill on the Senate Local Consent Calendar, having received the requisite constitu tional majority, was passed.

Senator Farrow of the 54th introduced the doctor of the day, Dr. William Barnwell, of Dalton, Georgia.
The following communications were read by the Secretary:
The General Assembly State Capitol Atlanta
January 12, 1994
Honorable Pierre Howard Lieutenant Governor 240 State Capitol Atlanta, GA 30334
Dear Lieutenant Governor Howard:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on January 12, 1994, at 2:00 P.M. in the Senate Chamber, State Capitol, at which caucus Honorable Steve Reynolds was elected as a member of the State Transporta tion Board from the Fourth Congressional District to serve a term beginning April 15, 1994, and expiring April 16, 1999.
Respectfully submitted,
/s/ Thomas E. Lawrence Representative, 64th District Chairman Fourth Congressional District
/s/ Barbara J. Mobley Representative, 69th District Secretary Fourth Congressional District
The General Assembly State Capitol Atlanta
January 12, 1994
Honorable Pierre Howard Lieutenant Governor 240 State Capitol Atlanta, GA 30334
Dear Lieutenant Governor Howard:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on January 12, 1994, at 3:00 P.M. in the Senate Chamber, State Capitol, at

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81

which caucus Honorable James L. Lester was elected as a member of the State Transporta tion Board from the Tenth Congressional District to serve a term beginning April 15, 1994, and expiring April 16, 1999.
Respectfully submitted,
1st G. B. Pollard, Jr. Senator, 24th District Chairman Tenth Congressional District
/a/ Charles W. Yeargin Representative, 90th District Secretary Tenth Congressional District
SENATE CALENDAR
Thursday, January 13, 1994
FOURTH LEGISLATIVE DAY

HB 328 County Boards of Equalization--certain decisions in appeals (F&PU--24th) Har ris--112th

The following general bill was read the third time and put upon its passage:

HB 328. By Representatives Harris of the 112th, Dover of the 9th, Royal of the 164th and Skipper of the 137th:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization, so as to require that such boards shall specify in writing the reasons for decisions on questions presented on appeal.
Senate Sponsor: Senator Pollard of the 24th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Farrow Glanton Gochenour Guhl Harbison Hemmer Henson Hill Hooks Huggins Isakson Langford of 29th Madden Marable McGuire Middleton

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

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Those not voting were Senators:

Abernathy Blitch Gillis

Kemp Langford of 35th Parrish (excused)

Taylor Thompson (excused)

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 1187. By Representatives Groover of the 125th and Walker of the 141st:
A bill to amend Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to public authorities, so as to create the Georgia Sports Hall of Fame Authority.
Senator Ray of the 19th moved that, upon dissolution of the Joint Session of the Senate and the House, the Senate would stand adjourned until 9:00 A.M. tomorrow. The motion prevailed.
The hour for convening the Joint Session of the Senate and the House having arrived, the President, accompanied by the Secretary and the Senators, proceeded to the Hall of the House of Representatives, and the Joint Session called for the purpose of hearing a Budget Message from His Excellency, Governor Zell Miller, pursuant to HR 657 adopted previously, was called to order by the President of the Senate, Lieutenant Governor Pierre Howard. HR 657, authorizing the Joint Session of the Senate and House, was read by the Clerk of the House.
His Excellency, Governor Zell Miller, addressed the Joint Session of the Senate and House of Representatives as follows:
STATE OF GEORGIA Office of the Governor
Atlanta 30334-0900
Lieutenant Governor Howard, Speaker Murphy, Senators and Representatives, honored guests, my fellow Georgians.
In my State of the State Address on Tuesday, I outlined my proposals to continue our progress in providing opportunity and requiring responsibility.
Today, I bring you a financial blueprint to carry us forward toward our goals of improv ing education, getting tough on crime, reforming welfare and stimulating our economy.
In a couple of weeks we will host the 1994 Super Bowl. In a couple of years, we will host the 1996 Olympics.
Sports events like these attract attention to Georgia. And now that the eyes of the world are on us, what do they see?
They see a Georgia that created 90,000 jobs last year -- third highest in the nation -- and is expected to do it again this year.
They see a Georgia whose retail sales are outpacing the nation, and whose new car sales are 25 percent higher than a year ago.
They see a Georgia whose housing starts increased by more than 14 percent last year. Metro Atlanta is projected to lead the nation's cities in housing starts for 1994.

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83

They see a Georgia that is the fastest-growing state east of the Mississippi for the sec ond year in a row, the only state in the nation to rank near the top both by numerical increase in population and by percentage of population growth.
They see a state where the economy is sound and growing, a state where people and businesses want to be.
These strong economic indicators, these leading national rankings, did not just happen. They did not come about by accident. They happened because we had the vision, and to gether we laid the groundwork for Georgia to run out on the leading edge of the recovery and to rebound to renewed economic growth and expansion.
It happened because together we paid the price and made the tough and timely deci sions that were required.
The way I see it, government cannot provide all and government should not take all. So we made cuts that caused a net reduction in state spending of nearly $700 million and conducted the largest downsizing of state government in our history.
Last Friday's Wall Street Journal cited Georgia as the only state in the South where the growth in public employees was far less than growth in population. It pointed out that from 1990 to 1993 Georgia "restrained tax-paid employee growth to 1 percent, while the state grew by 6.8 percent," and contrasted Georgia to other southern states where public employment increased faster than population.
And just like mid-winter pruning, our decisions prepared the way for the renewed growth we are now experiencing.
And because of the tough management decisions we made and the economic growth that followed, I am able to report to you today that our Revenue Shortfall Reserve, which was completely empty when I took office, now has $122.6 million in it.
And I am able to present to you a solid, progressive budget for Fiscal Year 1995 that addresses our needs and fulfills our responsibilities.
But once we have addressed our needs and fulfilled our responsibilities, I believe we ought to return what remains to the taxpayers of Georgia in the form of the largest tax cut in our history.
I am proposing that we reduce state income taxes by $100 million, by providing addi tional deductions to Georgians with dependent children and to retired Georgians -- those who need it the most. And I have reduced my revenue estimate by the $100 million it will take to fund this tax cut.
Even then, state revenues will grow by 7.8 percent, and this budget directs those new revenues toward our goals of improving education, getting tough on crime, reforming welfare and spurring our economy.
This budget contains more than $3.5 billion for Georgia's public schools.
This is an increase of more than $1 billion for K-12 education since the year I became Governor. I believe the most important investment we can make in people is to educate them.
But the very first thing that we have got to do is make our schools safe.
In this budget and in the supplemental -- together, I am proposing more than $46 million for safe schools through four programs.
The first $20 million is in the supplemental budget, to address the needs of the 166 of our 181 school systems, that, at my urging, have developed local safe school plans together with parents and law enforcement officials. And they are now coming to the state for some help in purchasing the security equipment they determined is needed to implement their plan.
Surveillance equipment -- video cameras and the like -- accounts for about half of the funds requested. Metal detectors account for less than $700,000 of the $20 million.

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Second, I want to provide $16 million to help local school systems set up alternative schools for students who repeatedly disrupt classes.
A South Georgia high school principal with more than 1,400 students has said that if he could get about 27 of those students into an alternative school, he would have a completely different place where students could learn and teachers could teach.
$8.5 million of this money comes from lottery funds to help local systems with the equipment they need to set up alternative schools. And then $7.5 million is in general funds to help with operational costs.
And we're going to do it like we have done most of my education initiatives -- with proposals coming from the local level, and not some cookie-cutter model dictated by the state.
Third, the frustrations and fears our kids are experiencing in their homes and neighbor hoods are not left outside the school building each morning. They come right in the front door and get in the way of teaching and learning.
We need to give teachers help in dealing with the frustrations and fears of our children. That's why I want to begin putting counselors into the elementary grades for the first time.
I am proposing $8.2 million to hire 425 elementary school counselors under the program for grades four and five. They'll be funded based on student count, but every system in the state will get at least one.
And fourth, there's $2 million across both budgets for educational materials on the problems of violence and drugs.
We are working with the highly-regarded Scholastic Magazine to develop an education packet to put into the hands of every student, parent and teacher this spring using the funds in the supplemental budget. And we'll do it again next school year with the funds in the big budget.
We're also expanding DARE -- Drug Abuse Resistance Education -- which brings law enforcement officers into our schools to teach kids about the dangers of drugs.
With this budget, we will have doubled our training capacity for the local law enforce ment officers who participate in DARE. And we are expanding the program from elementary schools to middle schools.
In addition to school safety, this budget also expands opportunities for middle and high school students.
I want to begin a Youth Apprenticeship program at the 15 sites that received planning money in the current year's budget.
As the jobs of the future become more demanding, our high school students need to be better prepared to enter the workforce.
Our Youth Apprenticeship program is designed to expose high school students to the workplace and help them learn firsthand the skills and responsibilities they need to be effec tive workers.
Students who complete this Program will have a high school diploma, and the training and experience they need to make an immediate impact in the workplace.
I also have $3.7 million to create a summer enrichment program for at-risk students in grades four through eight. It would be designed to strengthen their academic skills in math, English, science and social studies.
Another $2 million in this budget will expand The Family Connection to the 15 sites that have been in the planning process, and start planning at 25 more sites.
As I'm sure you recall, The Family Connection is an innovative, community-based pro gram that assists at-risk children by closely coordinating the programs that serve their fami lies at the community level.
Two years ago, you passed a bill paving the way for pay-for-performance for teachers.

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85

And I appointed a commission that developed a plan that encourages teamwork initiatives and rewards school-level achievement.
So you'll find $1.6 million in the budget for stipends of $2,000 per teacher to reward schools who set high goals to improve their performance and then achieve those goals.
I also want to begin a Teachers Honors program, similar to our summer program for high school students, to give top-flight teachers the opportunity for summer professional enrichment.
And in exchange they would share what they learned with their colleagues back at their school.
So in the budget you'll find a little over $1 million, which would allow 300 teachers to participate in a Teachers Honors Program and give each one of them a $1,500 stipend.
The budget also includes nearly $158 million in bonds for construction in 64 local sys tems, and $10 million in bonds for high school vocational equipment and administrative computers to free educators from paper work and give them more time with our children.
Another $6.4 million in bonds will build libraries in Fayette, Paulding, Pickens, Terrell and Troup counties.
Right now we have a University System that not only is the fourth largest in the nation with more than 200,000 students, but Georgia is the fastest-growing state in the nation in college enrollment.
That doesn't just happen. There are reasons.
The Chronicle of Higher Education recently ranked Georgia first in the nation in in creased state funding over the past two years. And I am recommending a record high of more than $1 billion in state general funds plus more than $50 million in lottery funds for the University System.
My budget includes $20 million in general funds to address enrollment increases, $17 million for other operating costs, and nearly $30 million for major renovation and repairs.
Another $21 million is for the Georgia Research Alliance, which brings together Geor gia's six research universities with private industry to pursue research that will generate economic development.
In the last two years, we've put $37 million into the Research Alliance, and it has at tracted $100 million from other sources.
I am also proposing that we double the Equipment, Technology and Construction Trust Fund from $7.5 million to $15 million.
This is a matching fund to attract private contributions to our state colleges and universities.
The FY 94 appropriation of $7.5 million has attracted more than its equivalent in pri vate funds for some very exciting projects on campuses all across the state.
We now have requests in hand from our colleges for $15 million from this fund, to be matched at least one-on-one with private money.
The bond section of this budget includes $10.6 million for the University System, much of it in planning and design funds for six new buildings at:
*Albany State College, *Augusta College, *Kennesaw State College, * Georgia Southern University, *DeKalb College and *Armstrong State College.
Currently the largest construction program in the history of the University System is underway -- 33 buildings costing $385 million are under construction on 18 campuses.
So while the surge of projects from the past two years moves through the construction

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process, we are now putting the next round of projects onto the drawing board for planning. And that way we can move more directly into the construction phase next year.
We are going to proceed with a major renovation of the underground, hot water distri bution system at Abraham Baldwin Agricultural College, which needs immediate attention.
And at Georgia Military College, I want to match private funds for a new academic building and I want to expand the library.
Our post-secondary technical institutes are literally bursting at the seams and have long waiting lists.
This year we will complete funding for an unprecedented, three-year, $100 million, ma jor expansion program at our technical institutes with nearly $34 million in bonds for build ings at Albany Tech, Athens Tech, Augusta Tech, Columbus Tech, Lanier Tech, Okefenokee Tech, Valdosta Tech and Walker Tech.
And then lottery funds to plan for a new concept in expanding our post-secondary tech nical education programs -- satellite centers from existing technical schools in Paulding, Forsyth, Baldwin, Tift, Elbert, Gordon, Coffee and McDuffie Counties.
As the level of education required by the average job continues to increase, we are like wise continuing to expand our adult literacy and GED programs to give Georgia's workforce the opportunity to keep pace.
Shirley's been working very hard in this effort, and this year Georgia awarded a record high 17,800 GEDs -- up by 1,700 from last year when we were seventh in the nation.
Last year I told you about my goal of at least one full-time adult literacy teacher in every Georgia county, and we took the first step toward that goal.
In this session we take another step, hiring 25 additional teachers and providing com puter equipment for adult literacy.
It is telecommunications more than anything that will enable rural Georgia to thrive in the 21st century. But in addition to the technology, you also have to have the content.
My recommendation for a production facility for educational television is to provide that content -- the quality educational programming -- to send out over the Distance Learning networks we're developing.
For our hard-working teachers, I am proposing a 5 percent increase on the teacher sal ary schedule as well as for our University System.
In addition, I will introduce legislation to allow the Teacher Retirement System Board to reduce the teacher contribution into the system from 6 percent to 5 percent of salary.
This can be done without either reducing any retirement benefits or weakening the financial stability of the system.
Last month, at my request, the board passed a unanimous motion of intent to make that one percent reduction if you pass the enabling legislation. This will put more cash directly into teachers' pockets.
The Georgia lottery will produce $280 million in new funds for educational improve ments this year. We are projecting $240 million for FY 95 to allow for some taper-off.
The lottery funds are designated by law for three new programs: voluntary pre-kindergarten for four-year-olds, the HOPE scholarship program, and equipment and special con struction for our schools, colleges and technical institutes.
And I covered my recommendations for these three programs in great detail in my Amended Budget message last week.
Very briefly, the pre-kindergarten program began last fall, serving 6,500 four-year olds in locally-developed programs. We are now in the process of expanding to 10,000 children. My recommendation for FY 95 allows us to double that number to 20,000 children and have at least one program in every county next school year.

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Today, on the eve of the 21st century, a college education has become even more impor tant than a high school education was when I was young. And that's why the HOPE scholar ship program is so important to Georgia.
We've got HOPE scholars like Michael Hair, a freshman at Georgia Southern Univer sity, who calls HOPE a "dream come true," because he never could have gone to college without HOPE.
Or LaSonda Cook, a young woman now attending Albany Tech, who is there because her tuition is free and, as she said, she no longer had a reason not to go to school and get the job training she needs.
The Student Finance Commission is getting 1,000 calls a week about HOPE from stu dents and parents.
The number one question those thousands of students and parents are asking is, "When does the income cap go up to $100,000?" And the number two question is: "When are ju niors and seniors included?"
Both of those are in this budget. I want to expand the program to pay the tuition of our HOPE scholars through their junior and senior years, provided that they keep that 3.0 gradepoint average every year.
And I have included the necessary funds in this budget to cover mandatory fees and provide a textbook allowance.
And I do want to raise the income ceiling up to $100,000. Let me tell you why.
First and foremost, this scholarship program is not about income levels. It's about per formance. It's about responsibility.
When we implemented the HOPE program, we realized that we were not reaching some of the students we ought to reach -- for example, a family in which both parents are public school teachers and understand the critical importance of college -- together they come in above the present family income cap.
Folks, HOPE means that virtually any student who graduates from high school with a B average and then keeps a B average each and every year of college could go all the way through four years of college and get a college degree without paying any tuition at all.
Think of it, there will be nothing else like it in the United States of America. This State of Georgia would instantly become Number One in providing opportunity to receive a col lege education. And that's more important to me than being Number One in football.
And, of course, we want to maintain Georgia's strong contingent of private, independent colleges who also help to educate our workforce.
If we were educating their students in the University System, it would cost us an addi tional $173 million in state funds.
During the past decade, an enrollment decline was projected nationwide for private col leges, and many did experience it.
But not in Georgia; our private college enrollments increased by 45 percent from 1984 through 1992.
Then last year Georgia private colleges led the nation with a 5.5 percent increase -- largely because TEGs kept them competitive.
So to keep a healthy balance, I am proposing that we increase the HOPE program's second-tier tuition equalization grants for Georgia students at our private colleges to $2,000, which will be the highest in the nation.
And finally, two special scholarship programs.
For dependent children of all public safety officers, including EMTs and fire fighters, killed or permanently disabled in the line of duty in Georgia since 1978, I am proposing a full scholarship program, one that covers tuition, room, board, books and fees.
As crime becomes more violent, our public safety officers increasingly risk their lives on

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our behalf every day. I believe we owe them the assurance that we will provide this educa tional opportunity for their children if something happens to them.
And second, we're going to establish 30 scholarships to Georgia Military College, to be repaid through military service.
The third lottery category is equipment and construction. The FY 94 amended budget focuses on the computer and media center needs of our schools and public libraries, and on the training equipment needs of our technical institutes.
So the '95 budget complements the supplemental budget by focusing on special con struction projects and on the University System.
Moving now to our second goal -- it's about making Georgia safer.
On Tuesday I laid out a tough legislative package to crack down on violent criminals, both adults and juveniles.
I want offenders who have committed certain violent crimes to receive a mandatory prison sentence of at least 10 years, and to serve the full extent of their sentence behind bars.
I want criminals who have been given a life sentence to spend 14 years in prison before they are even considered for parole -- double the current seven years.
And if you commit a second violent offense, you're gone ... for life . . . with no chance of ever getting back out of prison.
The reason why I can bring you such a tough and timely proposal on violent crime is that we have been laying the groundwork for it over the past several years.
On Tuesday, I pointed out that this administration has opened more prison beds than any other in Georgia history, and built more boot camps than any other state in the nation.
With this budget, we will have opened 11,300 prison beds and about 2,000 boot camp beds since 1991, and our correctional system will be running at full strength.
So the reason I can come to you now, proposing longer, tougher sentences for violent criminals -- the reason a lot of states could not do it even if they wanted to, is because in Georgia, we have been working together to expand the capacity of our correctional system in a planned and systematic fashion over the last three years.
On Tuesday, I also told you that I want to modernize our juvenile justice system. I want to try juveniles ages 13-17 who commit certain violent crimes as adults in superior court, and send them to a separate youth facility run by the Department of Corrections to serve their time.
And then update and expand our other juvenile programs serving youngsters who can be rehabilitated.
Two years ago, you responded to my call for a separate Department of Children and Youth Services to give juvenile justice a new focus and level of attention.
And the reason I can come to you now, proposing major and timely changes in our juvenile justice system, is because we have been able to lay the groundwork for it over the past two years.
We are moving forward with a separate facility for violent juvenile offenders; the youth boot camp is underway.
And this budget contains $12.6 million in cash and bonds to make improvements at our state Youth Development Centers and regional Youth Detention Centers, and to expand our other alternatives. We're going to open another group home, open two new wilderness pro grams and increase the number of specialized care slots.
The second law enforcement initiative you will find in this budget has to do with our public safety officers. It includes funds to increase the number of state troopers and GBI agents out in the field.
Our troopers no longer simply enforce traffic laws and investigate accidents. They also

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make an important contribution to fighting crime, especially drug traffic, and Georgia troop ers have been recognized nationally for their successful tactics.
So, for state troopers and GBI agents who are out on the front lines of protecting our citizens and their property, I want to recognize the added risk and responsibility they face by moving their positions up a pay-grade on July 1st.
And then also give them the same four percent that state employees get on the anniver sary of their employment.
And for the third year in a row, I'm asking you to increase the hours of training we provide for local law enforcement officers -- this year by 30 percent.
Our law enforcement officers also need better tools. I am proposing that we provide the funds to build a computer database of the DNA prints of known criminals, so that a sample taken at the scene of a crime can be compared against the databank for a possible match.
And that we provide two new regional services for South Georgia: a medical examiner in Moultrie and an automated fingerprint system in Albany. This will not only help South Georgia, but also speed up law enforcement investigations statewide.
Our third goal is welfare reform, and once again this budget document gives you a fi nancial blueprint.
As I told you on Tuesday, many of those who are on the welfare rolls long-term are there because they never learned the kind of skills and personal responsibility it takes to work.
That's why a key part of my welfare initiative is expanding the PEACH program, which teaches AFDC recipients the educational and personal skills they need to hold down a job.
I am proposing that we expand PEACH to serve an additional 4,750 clients. This brings the total served by the PEACH program to nearly 25,000 clients. And 3,420 slots for their children are included in the $5.5 million in new funds for day care.
During the course of this administration, we have tripled the PEACH program.
Last year you approved my proposal to begin requiring small Medicaid co-payments as a way to encourage personal responsibility among Medicaid recipients.
This year I am recommending an expansion of co-payments to 15 additional services for a savings of nearly $6 million. But we will continue to exempt pregnant women, children, nursing home residents and emergencies.
Even with the expanded co-payment, you will find a net increase of $82.4 million in Medicaid funds in this budget.
And while we're on the subject of human services, let me say that I strongly support Lieutenant Governor Howard's timely initiatives in child abuse prevention, and this budget reflects that support.
Over the past decade since 1983, we have experienced a 275 percent increase in reports of child abuse and neglect. And in recent years, we have seen the effects of the strain that this overload has placed on our child welfare system.
I am proposing more than $10 million to expand child welfare services, including 149 additional child protection staff.
We are also expanding services for severely emotionally disturbed children, with new core services in Cobb, Clayton and Dougherty county service areas, and for the chronically mentally ill, with new services in the Spalding and Sumter county service areas.
And we are implementing the third and final stage of our early intervention program for disabled infants and toddlers, increasing funds for this important effort by five-fold over the course of my administration.
The fourth goal reflected in this budget is the stimulation of economic development.
Happy as we are about the positive statistics I cited at the beginning of my remarks, we

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must remember they are statewide averages that disguise some real disparities within this state.
But our efforts to address that are beginning to succeed. Last year seven of the 10 largest new manufacturing industries to come to Georgia, and eight of the 10 largest expan sions among existing manufacturing industries were outside of metro Atlanta.
And our challenge is to build the current recovery into a solid pattern of economic development all across the state by helping each region of Georgia participate in that growth.
Anticipating this challenge, last year I created a public-private partnership called the Governor's Development Council.
Many of you participated this summer, as I personally brought members of the Council to each of Georgia's 11 economic regions. I wanted to learn firsthand about their goals and the barriers they saw to achieving them.
In response, this budget includes a new appropriation of $4 million targeted at those regions -- for small business assistance loans, marketing funds, export assistance loans and industrial projects -- depending on their regional priorities and needs.
I'm pleased to report that since the last time we met, the 1996 Olympic Games have broadened out across the state, with rowing in Gainesville, soccer in Athens, softball in Co lumbus, beach volleyball in Savannah, a training facility for divers in Moultrie -- the list goes on. These games are truly becoming the Georgia Olympics.
And this budget contains a new $1.5 million commitment to help the 40-plus communi ties that are seeking commitments for training facilities from teams of various countries, and to use the Olympics to market all of Georgia.
Another $5 million will fund equipment and research for the Council's initiative to as sist our traditional textile and apparel, food processing, and pulp and paper industries as they strive to remain competitive.
We must never forget what these industries contribute to our state.
For our poultry industry, I am proposing three new diagnostic labs in Carroll, Macon and Mitchell counties to serve industry growth in these regions, and for our livestock indus try, a testing facility at the Experiment Station in Tifton.
We are also going to continue our traditional economic development measures, with $125 million again devoted to developmental highways with emphasis on the Fall Line Free way across central Georgia and the U.S. Highway 27 corridor down the western side of the state.
For our ports, we are continuing the upkeep of the dredged areas of the Savannah har bor, and designating motor fuel tax revenues for approaches to the new Sidney Lanier bridge in conjunction with anticipated federal funds.
This bridge is needed if Brunswick is to realize its full potential as a great port.
I'm also recommending $8 million for land and site work and planning and design for the Maritime Trade Center in Savannah, and $27 million for parking decks to serve the World Congress Center, Georgia Dome and Omni.
' Another $25 million will provide loans to local governments for water and sewer facili ties and for multi-jurisdictional solid waste facilities.
And $4 million will help local governments with economic development projects and address the availability of affordable housing.
And nearly $3 million for the Georgia Housing and Finance Authority will draw down more than $15 million in federal funds from the HOME Housing Block Grant Program.
Tourism is a big business for Georgia. Tourists spend more than $10 billion a year in Georgia, supporting more than 300,000 jobs with a payroll that exceeds $6 billion.

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That is why I propose that we continue to improve our state parks and historical sites with a $5.2 million package for five state parks.
Historic Tallulah Gorge -- truly one of America's great natural wonders -- was recently protected under Preservation 2000 in partnership with the Georgia Power Company.
We will develop Tallulah Gorge State Conservation Park, with a visitors' center, a sys tem of trails and numerous landscaped overlooks.
South Carolina has already developed their side of Lake Richard Russell and proved its tourism potential. Our Lake Richard Russell State Park is presently a day facility only, and I want to take a first step in broadening its use by building a camping area.
Laura Walker State Park is next to Okefenokee Swamp, one of the world's most unique natural areas and the setting for the world-famous Pogo comic strip.
I am proposing an 18-hole golf course to expand the recreational opportunities needed to make the Gkefenokee Swamp area even more of a tourist attraction. And I want to see a clubhouse and other facilities come later.
You've been hearing about the decay in the pool and springs facilities at Warm Springs that became famous when President Franklin Roosevelt used them, and I'm proposing state funds to help with their renovation.
And finally, to enhance tourism for Georgia's Golden Isles, I have proposed an interpre tive center at the Meridian Dock in Mclntosh County to educate the public about Sapelo Island and the research being conducted there.
There are two other historic sites that are not owned by the state, but are important tourist attractions and need a little help from us to realize a higher level of activity.
Congress has designated the historic cemetery at Andersonville as a National Memorial to All American Prisoners of War and is orchestrating funding for the National Prisoner of War Museum to be built there.
Our state contribution of $250,000 to this project is intended as a signal to Congress of the importance that we place on it, so that Congress will proceed with the full funding of the project.
And second, the Aviation Museum in Warner Robins -- the only one of its kind in the Southeast -- is expanding, and I have proposed a grant of $240,000 to help.
We continue to expand our natural acreage under protection through the Preservation 2000 program.
Presently we have protected more than 56,000 acres, with another 36,000-plus under active negotiation. So you can see that we are nearing our goal of 100,000 acres.
This budget provides the third increment of $20 million in bonds to continue the pro tection of environmentally sensitive land and acquisition of natural acreage for wildlife and recreational purposes.
Finally, let me mention just a couple of items that relate to state government and its services.
For state employees, I have recommended a 4 percent pay increase, to be awarded the same way as last year -- on an employee's anniversary date of employment and merit-based on a satisfactory job evaluation.
Two public services that are used by more Georgians than just about any others are procuring and renewing drivers licenses, and registering to vote.
And this budget contains significant improvements for both of them.
I want to open 15 new driver's license stations to relieve congestion and make it easier for citizens to renew their driver's licenses.
And at the same time, I want to begin to offer voter registration services at our driver's license stations, as mandated by the new National Motor Voter Registration Act.

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The idea is to make voter registration more accessible and to get people in the habit of keeping up with it at the same time they're keeping up with their driver's licenses.
But making life easier for voters can make it harder for those local election officials who must keep up the voter registration lists.
So my budget includes $6.6 million to develop a statewide computer network for voter registration and make it easier to implement the national law.
I also continue the interim improvements begun in the supplemental budget for the vehicle tag and title process until we can make some major decisions together about longterm changes.
Those improvements consist first of implementing two automated communication sys tems that do not require hands-on involvement from the Revenue staff.
One will give all county tag offices access to the state's master computer file so they can check on tag or title applications.
The second will use an automated touch-tone phone system to provide information to dealers and lending institutions.
And second, we're going to speed up the existing process to provide 10-day turn-around in processing title applications and 5-day turn-around in processing lost title replacements.
I've been talking a long time, but I've only covered some of the highlights in a docu ment that is 450 pages long. Because the General Assembly has expressed a wish to be more knowledgeable about the budget, I have taken longer today, and we have worked harder this year to make the budget document on your desks more accessible and user-friendly. And I encourage you to study it.
This financial blueprint directs state funding with an emphasis on improving education, reducing crime, reforming welfare and stimulating our economy.
Those are my budget priorities to help us achieve our goals of providing opportunity and requiring responsibility as we build the Georgia that can be for the 21st century.
Senator Ray of the 19th moved that the Joint Session be now dissolved, and the motion prevailed.
The President of the Senate announced the Joint Session dissolved.
Pursuant to the provisions of a previously adopted motion, the Senate stood adjourned until 9:00 A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Friday, January 14, 1994 Fifth Legislative Day

The Senate met pursuant to adjournment at 9:00 A.M. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 498. By Representatives Buck of the 135th, Powell of the 23rd, Carrell of the 87th, Coleman of the 142nd, Lee of the 94th and others: A bill to amend Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to the Peace Officers' Annuity and Benefit Fund, so as to define a certain term; to provide for certain creditable service.
HB 499. By Representatives Buck of the 135th, Powell of the 23rd, Carrell of the 87th, Coleman of the 142nd, Lee of the 94th and others: A bill to amend Chapter 16 of Title 47 of the Official Code of Georgia Annotated, relating to the Sheriffs' Retirement Fund of Georgia, so as to increase the rate of members' contributions to such fund; to increase the retirement benefits pro vided under the fund.
The House has disagreed to the Senate amendment, to the House amendment, to the following 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.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 471. By Senators Oliver of the 42nd, Thomas of the 10th and Thompson of the 33rd: A bill to amend Code Section 16-12-2 of the Official Code of Georgia Annotated, relating to smoking in public places, so as to prohibit smoking in certain child care facilities; to amend Code Section 49-5-12 of the Official Code of Georgia

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Annotated, relating to licensing of certain child care facilities, so as to provide for signs prohibiting smoking. Referred to Committee on Youth, Aging and Human Ecology.
SB 472. By Senator Egan of the 40th:
A bill to amend Code Section 48-5-45 of the Official Code of Georgia Annotated, relating to application for homestead exemptions, so as to change the date by which an application for a homestead exemption must be filed from April 1 to the closing date for the return of ad valorem taxes for the county in which the applicant resides. Referred to Committee on Special Judiciary.
SB 473. By Senator Oliver of the 42nd:
A bill to amend Code Section 20-2-55 of the Official Code of Georgia Annotated, relating to per diem and expenses of members of local boards of education, so as to change the provisions relating to medical and dental insurance for such mem bers and their spouses and dependents. Referred to Committee on Education.
SB 474. By Senators Harbison of the 15th, Robinson of the 16th, Ray of the 19th and Scott of the 36th:
A bill to amend Part 2 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to possession of dangerous weapons, so as to pro hibit the possession of a certain trigger device; to provide a definition; to provide a penalty; to provide exceptions; to prohibit the sale of hellfire switches. Referred to Committee on Judiciary.
SB 475. By Senators Balfour of the 9th, Ralston of the 51st, Edge of the 28th and McGuire of the 30th:
A bill to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to provide for minimum mandatory sentences for driving under the influence of alcohol or drugs; to pro vide that such minimum mandatory sentences shall not be suspended, stayed, or probated; to provide for related matters; to provide for editorial revisions. Referred to Committee on Special Judiciary.
SB 476. By Senator Abernathy of the 38th:
A bill to amend Article 1 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to the landlord and tenant relationship in general, so as to provide for a refund of any application fee paid by a prospective tenant if such tenant's application is denied by the landlord. Referred to Committee on Consumer Affairs.
SB 477. By Senator Abernathy of the 38th:
A bill to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to provide for the offense of criminal storage of a firearm; to provide for legislative findings and intent; to provide for a short title; to provide definitions; to provide penalties for keeping a loaded firearm within accessibility of a minor who obtains such firearm and causes death or bodily injury. Referred to Committee on Judiciary.

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SB 478. By Senator Abernathy of the 38th:
A bill to amend Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to offenses involving theft, so as to provide for the offense of carjacking; to provide for penalties. Referred to Committee on Judiciary.
SB 479. By Senator Abernathy of the 38th:
A bill to amend Part 1 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order and safety, so as to provide for the offense of drive-by shooting; to provide for penalties. Referred to Committee on Special Judiciary.
SB 480. By Senator Abernathy of the 38th:
A bill to amend Code Section 19-6-15 of the Official Code of Georgia Annotated, relating to child support awards in final verdicts or decrees, so as to authorize a trier of fact, in the exercise of sound discretion, to order either or both parents to continue to provide financial assistance up to age 22 years to a child who is com pleting his or her secondary school education. Referred to Committee on Special Judiciary.
SB 481. By Senator Abernathy of the 38th:
A bill to amend Article 1 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to the landlord and tenant relationship in general, so as to require that residential property management companies maintain an office in this state; to provide a definition. Referred to Committee on Consumer Affairs.
SB 482. By Senator Abernathy of the 38th:
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 require landlords to notify the county department of family and children services at the time dispos sessory proceedings are instituted against a tenant with a dependent minor child or children. Referred to Committee on Consumer Affairs.
SB 483. By Senators Day of the 48th, Edge of the 28th and Gochenour of the 27th:
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 imposing punishment, so as to provide for constitutional authority; to impose life imprisonment for the third conviction of certain felonies for which a person has not been sentenced to death; to provide for an effective date. Referred to Committee on Judiciary.
SB 484. By Senators Cheeks of the 23rd, Pollard of the 24th and Hill of the 4th:
A bill to amend Article 19 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to textbooks, so as to provide that all textbooks and library books purchased with state funds shall remain the property of each local unit of administration purchasing them and to require each local unit of administration to establish policies for the proper care and protection of its textbooks and li brary books and provide sanctions against a pupil who fails or refuses to pay for a lost or damaged textbook or library book as a condition to receiving all or part

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of the state contributed Quality Basic Education Program funds allotted to the local unit. Referred to Committee on Education.
SB 485. By Senator Pollard of the 24th:
A bill to amend Chapter 33 of Title 33 of the Official Code of Georgia Annotated, relating to fair access to insurance requirements, so as to extend the time of op eration of the chapter. Referred to Committee on Insurance and Labor.
SB 486. By Senators Pollard of the 24th and Ralston of the 51st:
A bill to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees of the clerks of the superior courts, so as to provide that a clerk of the superior court shall not file an appeal or transfer into the superior court until all filing fees have been paid; to provide for an effective date. Referred to Committee on Special Judiciary.
SB 487. By Senators Crotts of the 17th, Coleman of the 1st, Harbison of the 15th and others:
A bill to amend Article 9 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to speed restrictions on streets and highways, so as to pro vide that the Department of Transportation and the governing authority of any county or municipal corporation shall be authorized to establish maximum speed limits in construction sites on or adjacent to any public street or highway. Referred to Committee on Transportation.
SB 488. By Senator Abernathy of the 38th:
A bill to amend Article 1 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to the state flag or other flags, so as to change the design and description of the state flag; to provide an effective date. Referred to Committee on Rules.
SB 489. By Senator Alien of the 2nd: A bill to amend Code Section 16-13-30 of the Official Code of Georgia Annotated, relating to the purchase, possession, manufacture, distribution, or sale of con trolled substances, so as to change the penalty for certain repeat offenders.
Referred to Committee on Special Judiciary.
SB 490. By Senator Isakson of the 21st:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to allow the use of preexisting condition exclusions or limitations in group policies or contracts of disability income insur ance; to provide for the definition of the term preexisting condition in group poli cies or contracts of disability income insurance; to provide for applicability. Referred to Committee on Insurance and Labor.
SB 491. By Senators Thompson of the 33rd, Hooks of the 14th and Kemp of the 3rd:
A bill to amend Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to offenses involving theft, so as to provide for the offense of carjacking; to provide for a definition; to provide for penalties. Referred to Committee on Judiciary.

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97

SB 492. By Senators Thompson of the 33rd, Madden of the 47th, Marable of the 52nd and others:
A bill to amend Chapter 15 of Title 19 of the Official Code of Georgia Annotated, relating to child abuse, so as to provide for a committee in each judicial circuit to adopt a written child abuse protocol; to provide for the combination or expansion of county committees and county protocols; to provide for the continuation of county committees in single-county circuits; to remove obsolete dates. Referred to Committee on Youth, Aging and Human Ecology.
SB 493. By Senators Thompson of the 33rd, Oliver of the 42nd, Marable of the 52nd and others:
A bill to amend an Act amending Title 19 of the Official Code of Georgia Anno tated, relating to domestic relations, so as to establish the State Children's Trust Fund and the State Children's Trust Fund Commission; to provide for an addi tional fee in divorce cases and for marriage licenses; and to provide for related matters so as to change the date of repeal of such Act. Referred to Committee on Youth, Aging and Human Ecology.
SB 494. By Senators Thompson of the 33rd, Marable of the 52nd, Oliver of the 42nd and others:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and training of peace officers, so as to provide that initial and annual training for police chiefs, department heads, and wardens and annual training for peace officers include a minimum of eight hours relating to crime against children or child abuse. Referred to Committee on Public Safety.
SR 404. By Senators Crotts of the 17th, Ragan of the 32nd, McGuire of the 30th and others:
A resolution inviting the members of the Georgia congressional delegation to ap pear before the Georgia General Assembly to explain each measure requiring un funded federal mandates imposed upon the states and to discuss measures to address the problem of such mandates. Referred to Committee on Rules.
SR 405. By Senators Day of the 48th, Edge of the 28th and Gochenour of the 27th:
A resolution proposing an amendment to the Constitution so as to prohibit the pardon or parole of any person convicted of a serious felony after having been convicted as an adult at least two previous times of any serious felony, and to require such persons to be imprisoned for life without parole unless they have been sentenced to death; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Judiciary.
SR 406. By Senators Slotin of the 39th, Robinson of the 16th, Brown of the 26th and others:
A resolution to create the Barriers to Affordable Housing Study Committee. Referred to Committee on Rules.
SR 407. By Senators Slotin of the 39th, Egan of the 40th, Broun of the 46th and others:
A resolution proposing an amendment to the Constitution so as to provide that the governing authority of any county or municipality may exempt from ad valorem taxation for a period not to exceed three years any property which is

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being developed or renovated to provide housing for low-income persons if such property is owned and being developed or renovated by a nonprofit agency whose primary purpose is to provide housing for low-income persons; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Finance and Public Utilities.
SR 409. By Senators Thompson of the 33rd, Oliver of the 42nd, Madden of the 47th and others: A resolution creating the Georgia Commission to Study Family Courts.
Referred to Committee on Rules.
The following bills of the House were read the first time and referred to committees:
HB 498. 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 define a certain term; to provide for certain creditable service.
Referred to Committee on Retirement.
HB 499. By Representatives Buck of the 135th, Powell of the 23rd, Carrell of the 87th and others: A bill to amend Chapter 16 of Title 47 of the Official Code of Georgia Annotated, relating to the Sheriffs' Retirement Fund of Georgia, so as to increase the rate of members' contributions to such fund; to increase the retirement benefits pro vided under the fund.
Referred to Committee on Retirement.
HB 1187. By Representatives Groover of the 125th and Walker of the 141st: A bill to amend Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to public authorities, so as to create the Georgia Sports Hall of Fame Authority.
Referred to Committee on Appropriations.
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Banking and Financial Institutions has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 451. Do pass by substitute. Respectfully submitted, Senator Turner of the 8th District, Chairman
Mr. President:
The Committee on Economic Development, Tourism and Cultural Affairs has had

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99

under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:

SB 415. Do pass.

Respectfully submitted,

Senator Broun of the 46th District, Chairman

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

SB 386 SB 417

SB 419 SB 421

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

Balfour Blitch Boshears Broun of 46th Brown of 26th ^rto, n CChlaeyeks
Day Edge Egan Farrow Gillis Glanton

Gochenour Guhl Harbison Henson Hill 2ook? HIsuakgsgomns
Langford of 29th Madden Marable McGuire Middleton Newbill

Those not answering were Senators:

Oliver Parrish Perdue Pollard Ragan of mh Ragan of 32nd Rn ofb.inson
bcott starr Thomas Thompson Turner Tysinger

Abernathy Alien Baugh Bowen Coleman

Crotts Dean Hemmer Kemp Langford of 35th

Ralston Ray Slotin Taylor Walker

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

Senator Day of the 48th introduced the chaplain of the day, Reverend David Grubbs, pastor of Calvary Chapel North, Gumming, Georgia, who offered scripture reading and prayer.

Senator Broun of the 46th introduced the doctor of the day, Dr. David Alien of Athens, Georgia, who addressed the Senate briefly.

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The following resolutions were read and adopted:
SR 403. By Senators Alien of the 2nd and Coleman of the 1st: A resolution honoring the Honorable Clarence Thomas.
SR 408. By Senators Clay of the 37th, Isakson of the 21st, Ragan of the 32nd and Thompson of the 33rd: A resolution recognizing Honorable Jack Vaughan of the 34th District.
SR 410. By Senator Crotts of the 17th: A resolution recognizing the Rockdale County School System on the occasion of its 100th anniversary.
SR 411. By Senator Dean of the 31st: A resolution commending Jason Parris.
SENATE CALENDAR
Friday, January 14, 1994
FIFTH LEGISLATIVE DAY
SB 10 Surface, Ground-Water Use--community economic impact analysis (Substitute) (Nat R-- 14th)
SB 199 Optometrists--use of certain pharmaceutical agents (Substitute) (H&HS--llth) SB 414 Athletes, Coaches in Georgia for Olympics--exempt professional licenses
(H&HS--16th) HB 234 Retirement System Standards Law--Firemen's Pension Fund (Ret--53rd) Cum-
mings--27th
The following general bills were read the third time and put upon their passage:
SB 10. By Senators Hooks of the 14th, Henson of the 55th and Edge of the 28th: A bill to amend Code Section 12-5-31 of the Official Code of Georgia Annotated, relating to permits for the withdrawal, diversion, or impoundment of surface wa ters, so as to define a certain term; to amend Code Section 12-5-92 of the Official Code of Georgia Annotated, relating to definitions relative to ground-water use, so as to define a certain term; to amend Code Section 12-5-96 of the Official Code of Georgia Annotated, relating to permits to withdraw, obtain, or use ground water.
The Senate Natural Resources Committee offered the following substitute to SB 10:
A BILL
To be entitled an Act to amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to provide for the adoption of rules and regula tions by the Board of Natural Resources relating to water conservation plans; to provide for a water conservation task force; to require a water conservation plan to be submitted to the director of the Environmental Protection Division of the Department of Natural Resources in conjunction with an application for a permit for withdrawal, diversion, or impoundment of surface water; to provide that such a plan shall be submitted in conjunction with an application for a permit to withdraw, obtain, or use ground water; to provide for exceptions; to provide for matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

FRIDAY, JANUARY 14, 1994

101

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, is amended by inserting at the end of Article 1, relating to general provi sions relative to water resources, the following:
"12-5-4. (a) The Board of Natural Resources shall adopt rules and regulations relating to the conduct, content, and submission of the water conservation plans required by Code Sections 12-5-31 and 12-5-96.
(b) The director of the Environmental Protection Division of the Department of Natu ral Resources shall appoint a task force to assist in the writing of the rules and regulations required by subparagraph (a) of this Code section. The task force shall have nine members. Three members shall represent the business and industry community, three shall represent local governments, and three shall represent environmental and citizens groups. The mem bers of the task force shall serve without compensation or reimbursement of expenses. The task force shall disband upon the adoption by the Board of Natural Resources of the rules and regulations provided for in subsection (a) of this Code section."
Section 2. Said chapter is further amended by striking in its entirety subsection (d) of Code Section 12-5-31, relating to permits for the withdrawal, diversion, or impoundment of surface waters, and inserting in lieu thereof the following:
"(d) All permit applications filed with the director under this Code section shall contain the name and address of the applicant { or, in the case of a corporation, the address of its principal business office in this stated; the~3~ate of filing;; the source of the water supply;; the quantity of water applied for;; the use to be made of the water and any limitation thereon;; the place of use-,; the location of the withdrawal, diversion, or impoundment;; for those permits which indicate an increase in water usage, except for permits solely for agricultural use, a water conservation plan approved by the director and prepared based on guidelines issued by the director; and such other information as the director may deem necessary; provided, however, that any required information already provided the director by the applicant in the context of prior dealings with the division, which information is still correct, may be incorporated into the application by adequate reference to same. The director shall collect and disseminate such technical information as the director deems "appropriate to assist ap plicants in the preparation of water conservation plans?7
Section 3. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 12-5-96, relating to permits to withdraw, obtain, or use ground water, and inserting in lieu thereof the following:
"(a) (1) No person shall withdraw, obtain, or utilize ground waters in excess of 100,000 gallons per day for any purpose unless such person shall first obtain a permit therefor from the division.
(2) Any person applying for a permit or a permit modification under this part which indicates an increase in water usage, except for permits for solely agricultural usage, shall also submit with such application a water conservation plan approved by the director and based on guidelines issued by the director. The director shall collect and disseminate such technical information as the director deems appropriate to assist in the preparation of water conservation plans."
Section 4. 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:

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Those voting in the affirmative were Senators:

Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Burton
^ Claeyeks Coleman Crotts Day Dean Edge Egan Farrow Gillis

Glanton Gochenour Guhl Harbison Hemmer Henson Hill
HHugogkms s Isakson Langford of 29th Madden Marable McGuire Middleton Newbill Oliver

Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston R
R,, obinson TM blotm Starr Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Alien

Baugh Kemp

Langford of 35th Taylor

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

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

SB 199. By Senators Ragan of the llth, Bowen of the 13th, Hooks of the 14th and others:
A bill to amend Code Section 43-30-1 of the Official Code of Georgia Annotated, relating to definitions affecting the regulation of the profession of optometry, so as to provide for the use of certain pharmaceutical agents by doctors of optometry.
The Senate Health and Human Services Committee offered the following substitute to SB 199:
A BILL
To be entitled an Act to amend Code Section 43-30-1 of the Official Code of Georgia Annotated, relating to definitions affecting the regulation of the profession of optometry, so as to limit the use of nondiagnostic lasers; to provide for the use of certain pharmaceutical agents by doctors of optometry; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 43-30-1 of the Official Code of Georgia Annotated, relating to definitions affecting the regulation of the profession of optometry, is amended by striking in its entirety paragraph (2) thereof and inserting in its place a new paragraph (2) to read as follows:
"(2) (A) 'Optometry' means the art and science of visual care and is declared to be a learned profession. The practice of optometry consists of the diagnosis and interpretation of the visual behavior of the human organism by the employment of any means other than the use of druga, medicine, or surgery. The practice of optometry further consists of the correc tion of visual anomalies through the prescribing, employment, and use of lenses, prisms, frames, mountings, contact lenses, orthoptic exercises, and visual training, light frequencies, and any other means or methods for the relief, correction, or remedy of any insufficiencies or abnormal conditions of the human visual organism, other than the use of dfuga, medicine, er surgery. Optometrists are prohibited from using nondiagnostic lasers. Nothing in this

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103

chapter shall prohibit the use, administration, or prescription of pharmaceutical agents topi cally applied to the eye for diagnostic purposes and treatment of ocular disease in the prac tice of optometry by optometrists who have received pharmacological training and certifica tion from a properly accredited institution of higher learning and who are certified by the board to use pharmaceutical agents for diagnostic and treatment purposes. Only a doctor of optometry who is :
(i) Is already certified for using pharmaceutical agents for diagnostic purposes and who no.9
(ii) Has passed or passes an examination approved by the board which tests knowledge of pharmacology for treatment and management of ocular diseases;
(iii) Is certified in coronary pulmonary resuscitation (CPR); and
(iv) Maintains at least $1 million in malpractice insurance coverage shall be certified to use pharmaceutical agents for treatment purposes.
(B) The board shall establish by rule a list, which may be modified from time to time, of topically applied pharmaceutical agents which optometrists shall be allowed to use for treatment purposes.
(C) A doctor of optometry shall not administer or prescribe any pharmaceutical agent; by injection.
(i) For the purpose of treating glaucoma, including but not limited to any topically applied pharmaceutical agent otherwise valid for use under this chapter; of
(ii) Which is administered orally or by injection.
(D) Pharmaceutical agents which are used by a doctor of optometry for treatment pur poses and administered orally may only be:
(i) Schedule III or Schedule IV controlled substances which are oral analgesics;
(ii) Used for ocular pain; and
(iii) Used for no more than 72 hours without consultation with the patient's physician.
(E) Pharmaceutical agents which are used by a doctor of optometry for treatment purposes~and administered topically shall be subject to the following conditions only when used for the treatment of glaucoma:
(i) If the pharmaceutical agent is a beta blocker, an optometrist certified to use phar maceutical agents for treatment purposes must take a complete case history and determine whether the patient has had a physical examination within the past year. If the patient has not had such a physical examination or if the patient has any history of congestive heart failure, brachycardia, heart block, asthma, or chronic obstructive pulmonary disease, that patient must be referred to a physician for examination prior to initiating beta blocker therapy;
(ii) If the glaucoma patient does not respond to the topically administered pharmaceutical"agent after 60 days of treatment, that patient must be referred to an ophthalmologist; and
(iii) If the patient is diagnosed as having closed angle glaucoma, the patient shall be immediately referred to an ophthalmologist.
(B) (F) Doctors of optometry using pharmaceutical agents for treatment purposes shall be held to the same standard of care imposed by Code Section 51-1-27 as would be applied to a physician licensed under Chapter 34 of this title performing similar acts.
$5} (G) Any doctor of optometry who uses a pharmaceutical agent, except under the conditions specified therefor by this chapter and any other law, shall be guilty of a misde meanor unless a greater penalty is otherwise provided by law."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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Senator Walker of the 22nd offered the following amendment:

Amend the committee substitute to SB 199 by striking on line 30 of page 3 the word "brachycardia" and inserting in its place the following "bradycardia".

By striking on line 33 of page 3 the word "physician" and inserting in its place the following: "person licensed under chapter 34 of this title".

By striking on line 3 of page 4 the word "agent" and inserting in its place the word "agents".
On the adoption, the yeas were 47, nays 0, and the amendment was adopted.
On the adoption of the substitute, the yeas were 48, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th
BChuerteokns CCloalyeman
Crotts Day Dean Edge Egan Farrow Gillis

Glanton Gochenour Guhl Harbison Hemmer Henson Hill
HHuogogkisns IKsaekmspon
Langford of 29th Madden Marable McGuire Middleton Newbill Oliver

Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston R
Robinson S_ lcoottm.t
btarr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy

Alien

Langford of 35th

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

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

SB 414. By Senators Robinson of the 16th, Ray of the 19th, Edge of the 28th and others:
A bill to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions relating to professions and businesses, so as to ex empt certain persons from licensure, registration, and certification requirements who are in the state for a limited purpose relating to "The Games of the XXVIth Olympiad" and "The Games of the Xth Paralympiad" scheduled to be held in Georgia in 1996.

FRIDAY, JANUARY 14, 1994

105

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

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 ^rto" C/-,,heeks
Coleman Crotts j)av Dean Edge Egan Farrow Gillis

Glanton Gochenour Guhl Harbison
Hemmer Henson Hm Hooks H,,uggins
Isakson KemP Langford of 29th Madden Marable McGuire Middleton Newbill

Oliver Parrish Perdue Pollard
Ragan of llth Ragan of 32nd Ralgton Ray R,, ofb.inson
Scott Slotin Starr Taylor Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Alien

Langford of 35th

Thomas

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

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

HB 234. By Representative Cummings of the 27th:
A bill to amend Article 6 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to miscellaneous provisions relative to the Public Retirement Systems Standards Law, so as to repeal Code Section 47-20-63, relating to the exemption of a certain bill relating to the Georgia Firemen's Pension Fund from the provisions of such chapter.
Senate Sponsor: Senator Huggins of the 53rd.

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

TO:
FROM: DATE:

DEPARTMENT OF AUDITS 254 Washington Street, S.W.
Room 214 Atlanta, Georgia 30334-8400
STATE AUDITOR'S CERTIFICATION
The Honorable Bill Cummings, Chairman House Retirement Committee
Claude L. Vickers, State Auditor
January 5, 1993

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SUBJECT: House Bill 234 (LC 21 1949) Public Retirement Systems Standards
This bill would repeal Code Section 47-20-63 which exempted certain Georgia Fire men's Pension Fund retirement bills (introduced and enacted at the 1989 regular session of the General Assembly) from the requirements of the Public Retirement Systems Standards Law. The bill would also repeal Code Section 47-20-64 which exempted certain retirement bills (relating to benefit increases to offset taxation) from these requirements.
This is to certify that this bill does not amend a retirement system law and therefore is not a retirement bill under the Public Retirement 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:

Balfour Baugh Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Day Dean Edge Egan Farrow Gillis Glanton

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

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

Those not voting were Senators:

Abernathy Alien

Blitch

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. Senator Ray of the 19th moved that the Senate stand in recess until 5:00 P.M., and pursuant to HR 658 adjourn until Monday, January 24, 1994 at 10:00 A.M. The motion prevailed. Senator Hooks of the 14th called the Senate to order at 4:00 P.M.

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107

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 1296. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Baker of the 70th, Bordeaux of the 151st and others: A bill to amend an Act providing appropriations for the State Fiscal Year 19931994 known as the "General Appropriations Act", so as to change certain appro priations for the State Fiscal Year 1993-1994.
The following bill of the House was read the first time and referred to committee:
HB 1296. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others: A bill to amend an Act providing appropriations for the State Fiscal Year 19931994 known as the "General Appropriations Act", so as to change certain appro priations for the State Fiscal Year 1993-1994.
Referred to Committee on Appropriations.
Pursuant to the motion previously adopted, the Senate stood adjourned at 5:00 P.M. until 10:00 A.M., Monday, January 24, 1994.

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Senate Chamber, Atlanta, Georgia Monday, January 24, 1994 Sixth Legislative Day
The Senate met pursuant to adjournment at 10:00 A.M. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of the proceedings of Friday, January 14, 1994, had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1264. By Representative Stancil of the 91st: A bill to create a board of elections and registration for Oconee County.
HB 1275. By Representatives Pelote of the 149th, Johnson of the 148th, Mueller of the 152nd, Bordeaux of the 151st, Johnson of the 153rd and others: A bill to amend an Act making provisions for the Magistrate Court of Chatham County and abolishing the Municipal Court of Savannah, so as to provide that judges of the Magistrate Court of Chatham County shall be elected.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 495. By Senators Burton of the 5th and Marable of the 52nd: A bill to amend Chapter 3 of Title 30 of the Official Code of Georgia Annotated, relating to access to and use of public facilities by handicapped persons, so as to provide for access and use of such public facilities by persons with disabilities; to provide for policy and intent; to change certain definitions; to provide for edito rial revisions; to provide for related matters; to provide for effective dates.
Referred to Committee on Youth, Aging and Human Ecology.
SB 496. By Senators Thompson of the 33rd and Clay of the 37th: A bill to amend Chapter 3 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Municipal Election Code," so as to change the number of polling places within each precinct.
Referred to Committee on Governmental Operations.
SB 497. By Senators Thompson of the 33rd and Clay of the 37th: A bill to amend Code Section 21-3-161.1 of the Official Code of Georgia Anno tated, relating to what municipal voting precincts may be bounded by, so as to provide that such precincts may be bounded by the boundaries of public parks or public school grounds; to change which maps may be used; to provide an effective date.
Referred to Committee on Governmental Operations.

MONDAY, JANUARY 24, 1994

109

SB 498. By Senators Thompson of the 33rd and Clay of the 37th:
A bill to amend Code Section 42-8-102 of the Official Code of Georgia Annotated, relating to the creation of municipal probation systems, so as to authorize munic ipal probation officers to collect certain delinquencies through the issuance of a writ of fieri facias and provide for enforcement of such collection through other means. Referred to Committee on Corrections.
SB 499. By Senator Thompson of the 33rd:
A bill to amend Code Section 43-14-12 of the Official Code of Georgia Annotated, relating to the suspension of, or refusal to restore, licenses and certificates by municipal or county inspection authorities with respect to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility con tractors, so as to authorize a person licensed under Chapter 14 of Title 43 to execute and deposit a bond in the county of such licensee's principal place of business conditioned upon the work of the licensee complying with any ordi nances or building and construction codes of any county or municipal corpora tion wherein the work of the licensee is performed; to provide for actions on the bond; to limit the liability of sureties; to prohibit any county or municipality from requiring any person who holds a license issued under Chapter 14 of Title 43 and who has executed and deposited a certain bond in the county of such licensee's principal place of business to give or furnish any code compliance bond or similar bond for the purpose of ensuring that all construction, installation, or modifications are made or completed in compliance with the county or municipal ordinances or building and construction codes; to provide an effective date.
Referred to Committee on Science, Technology and Industry.
SB 500. By Senators Scott of the 36th, Slotin of the 39th and Newbill of the 56th:
A bill to amend an Act creating a purchasing department in counties having a population of 200,000 or more, amended to apply to counties having a population of 550,000 or more, as amended, so as to eliminate certain powers and duties of a county purchasing agent; to provide an effective date.
Referred to Committee on Urban and County Affairs (General).
SB 501. By Senators Henson of the 55th, Oliver of the 42nd and Parrish of the 43rd:
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 a person who is not a citizen of the United States and is present in the United States without proper legal authorization shall not be included within the definition of an employee.
Referred to Committee on Insurance and Labor.
SB 502. By Senator Oliver of the 42nd:
A bill to amend Code Section 44-12-137 of the Official Code of Georgia Anno tated, relating to prohibited acts by pawnbrokers, so as to provide that any pawnbroker who sells, offers for sale, or disposes of five or more firearms a year shall be required during hours when such pawnbroker's place of business is not open for business to keep such firearms in a locked or secured container or safe which is fully enclosed and locked by padlock key. Referred to Committee on Judiciary.
SB 503. By Senator Walker of the 22nd:
A bill to amend Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of professional engineers and land surveyors, so as to

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change the provisions relating to the powers of the State Board of Registration for Professional Engineers and Land Surveyors; to provide an effective date. Referred to Committee on Science, Technology and Industry.
SB 504. By Senator Henson of the 55th:
A bill to amend Chapter 9 of Title 40 of the Official Code of Georgia Annotated, known as the "Motor Vehicle Safety Responsibility Act," so as to increase the amount of motor vehicle liability insurance that an operator of one or more mo tor vehicles for hire which transport passengers and in whose name a certificate of title has been issued on one or more such vehicles for hire must maintain as evidence of security for bodily injury and property damage. Referred to Committee on Insurance and Labor.
SB 505. By Senator Henson of the 55th:
A bill to amend Code Section 40-9-101 of the Official Code of Georgia Annotated, relating to self-insurance for motor vehicle liability purposes, so as to require the maintenance of cash deposits and investments in certain securities by persons operating one or more vehicles for hire which transport passengers in order for those persons to qualify for a certificate of self-insurance for motor vehicle liabil ity purposes. Referred to Committee on Insurance and Labor.
SB 506. By Senators Starr of the 44th and Robinson of the 16th:
A bill 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 defini tions; to provide for powers, duties, and authority of local officials with respect to such property tax amnesty program; to provide an effective date. Referred to Committee on Finance and Public Utilities.
SR 413. By Senator Broun of the 46th:
A resolution proposing an amendment to the Constitution so as to provide that not less than 50.8 percent of the annual state budget shall be appropriated to the State Board of Education, the Department of Education, and the Board of Re gents of the University System of Georgia; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Appropriations.
The following bills of the House were read the first time and referred to committees:
HB 1264. By Representative Stancil of the 91st:
A bill to create a board of elections and registration for Oconee County. Referred to Committee on Urban and County Affairs.
HB 1275. By Representatives Pelote of the 149th, Johnson of the 148th, Mueller of the 152nd and others:
A bill to amend an Act making provisions for the Magistrate Court of Chatham County and abolishing the Municipal Court of Savannah, so as to provide that judges of the Magistrate Court of Chatham County shall be elected. Referred to Committee on Urban and County Affairs.
The following reports of standing committees were read by the Secretary:

MONDAY, JANUARY 24, 1994

111

Mr. President:

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

SB 82. Do pass by substitute.

HB 498. Do pass.

SB 253. Do pass.

HB 499. Do pass.

HB 495. Do pass.

Respectfully submitted,

Senator Huggins of the 53rd District, Chairman

Mr. President:

The Committee on Insurance and Labor has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the follow ing recommendation:
SB 413. Do pass by substitute.
Respectfully submitted,
Senator Pollard of the 24th District, Chairman

Mr. President:

The Committee on Science, Technology and Industry has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 425. Do pass. HB 286. Do pass.
Respectfully submitted,
Senator Tysinger of the 41st District, Chairman

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1232. Do pass.
Respectfully submitted,
Senator Thompson of the 33rd District, Chairman

The following bills of the Senate were read the second time: SB 415 SB 451

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

Alien Balfour Baugh

Blitch Boshears Bowen

Broun of 46th Brown of 26th Burton

112
Cheeks Clay Coleman Crotts Day Dean Edge Egan Farrow Gillis Glanton Gochenour Guhl Harbison Hemmer

JOURNAL OF THE SENATE

Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable McGuire 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 answering were Senators Abernathy and Walker.

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Dean of the 31st introduced the chaplain of the day, Mr. Matthew Hill, the Senate Sergeant at Arms, who offered scripture reading and prayer.
The following resolutions were read and adopted:

SR 412. By Senator Baugh of the 25th: A resolution commending the Greene-Taliaferro Tigers football team.

SR 415. By Senator Perdue of the 18th: A resolution recognizing and commending the Georgia Council on Aging.

SR 416. By Senator Hill of the 4th: A resolution commending Michelle Shearouse.

SR 417. By Senator Perdue of the 18th:
A resolution recognizing the national 4-H winners from Georgia, the State 4-H President, and the observance of 4-H Day at the state capitol.

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113

SR 418. By Senator Perdue of the 18th: A resolution commending Patrick Lucas.

SR 419. By Senator Perdue of the 18th: A resolution commending Matthew Randolph.

SR 420. By Senator Farrow of the 54th: A resolution commending Autumn Stevenson.

SR 421. By Senator Blitch of the 7th: A resolution commending Katherine Stewart.

SR 422. By Senator Ralston of the 51st: A resolution commending Heidi Kinser.

SR 423. By Senator Ralston of the 51st: A resolution commending Cory Watson.

SR 424. By Senator Broun of the 46th: A resolution commending Maria Vickers.

SR 425. By Senator Dean of the 31st: A resolution commending Jason Parris.

The following local, uncontested bill of the House, favorably reported by the committee as listed on the Senate Local Consent Calendar, was put upon its passage:

SENATE LOCAL CONSENT CALENDAR
January 24, 1994 SIXTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

HB 1232 Langford, 29th TROUP COUNTY
Provides a board of education of Troup County, so as to define the Troup County School District; and for other purposes.

The report of the committee, which was favorable to the passage of the bill as reported, was agreed to.
On the passage of the bill 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 26th Burton Clay Coleman Crotts Day Dean

Edge Egan Farrow Gillis Gochenour Guhl Harbison

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Hemmer Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden

Marable McGuire Middleton Newbill Perdue Ragan of llth Ragan of 32nd Ralston Ray

Those not voting were Senators:

Robinson Scott Slotin Starr Taylor Thompson Turner Tysinger Walker

Abernathy Cheeks Glanton

Henson Oliver Parrish

Pollard Thomas

On the passage of the local bill, the yeas were 48, nays 0.
The bill on the Senate Local Consent Calendar, having received the requisite constitu tional majority, was passed.
Senator Langford of the 29th moved that HB 1232 be immediately transmitted to the House.
On the motion, the yeas were 38, nays 0; the motion prevailed, and HB 1232 was imme diately transmitted to the House.

SENATE CALENDAR

Monday, January 24, 1994

SIXTH LEGISLATIVE DAY

SB 386 Macon Water Commissioners Pension Plan--benefits (Substitute) (Ret--26th) SB 417 DUI--eliminate plea of nolo contendere (Judy--16th) SB 419 Person Under 21 With 0.02 Blood Alcohol--prohibit driving (Judy--44th) SB 421 DUI Charge--provisions when requesting jury trial (Judy--16th)
The following general bills were read the third time and put upon their passage:

SB 386. By Senator Brown of the 26th:
A bill to amend an Act entitled "Macon Water Commissioners-Pension Plan," as amended, so as to add certain definitions; to increase benefits payable under the plan; to add a minimum pension of $200 per month; to provide a one-time cost of living raise in benefits to employees who retired prior to July 1, 1986; to change the way interest is computed on returned employee contributions.

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115

The following Fiscal Notes, as required by law, were read by the Secretary:

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

October 28, 1993

Honorable Waymond C. Huggins, Chairman Retirement Committee Senate State Capitol, Room 420B Atlanta, Georgia 30334

SUBJECT: Actuarial Investigation Study Senate Bill 386 (LC 21 2467S) Macon-Bibb County Water and Sewerage Authority Employees' Pension Plan

Dear Senator Huggins:

This bill provides for increased benefits of approximately 16% and a minimum pension of $200 per month for members of the Macon Water Authority Employees' Pension Plan. The bill provides for a one-time cost of living raise of 5% to employees who retired prior to July 1, 1986, and changes the method of computing interest on returned employee contribu tions. The bill also provides a minimum disability benefit of $20 times the number of years of service. The bill provides for staggered terms for the employee members of the Pension Committee, adds a new provision, including a spendthrift clause, and adds provisions relat ing to legally incompetent employees and beneficiaries.

The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the Senate Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actu arial assumptions and methods.

(1) The amount of unfunded actuarial accrued liability which will re sult from the bill.
(2) The amount of annual normal cost which will result from the bill. (3) The employer contribution rate currently in effect. (4) The employer contribution rate recommended (in conformity with
minimum funding standards specified in Code Section 47-20-10). (5) The dollar amount of the increase in the annual employer contribu
tion which is necessary to maintain the retirement system in an actuarially sound condition.

$893,000 $25,000
4.61
4.61
$114,000

The cost of the proposed legislation would be $114,000 in the first year, without regard to the accumulated past excess contributions ($871,550 as of July, 1993) which, as provided under Code Section 47-20-10(a)(4)(D), may be used to offset current and future required contributions.

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.
Sincerely,
/s/ Claude L. Vickers State Auditor

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Honorable Claude L. Vickers, State Auditor Department of Audit 254 Washington Street, Room 214 Atlanta, Georgia 30334

RE: Senate Bill 386 (LC 21 2467S) Macon-Bibb County Water and Sewerage Authority Employees' Pension Plan

Dear Mr. Vickers,

As requested, we have made an actuarial investigation of the impact of Senate Bill 386 (LC 21 2467S) on the Macon-Bibb County Water and Sewerage Authority Employees' Pen sion Plan in accordance with the requirements of Code Section 47-20-36.

This bill would:

1. Add .25% of final average monthly earnings per year of service to the current benefit formula.

2. Provide a minimum monthly benefit for anyone who took normal retirement prior to the effective date of this Act. The minimum monthly benefit for such individuals is $20 times years of service to a maximum of $200 per month.

3. Provides a one-time cost-of-living adjustment of 5% of the current benefit being re ceived for those retirees and beneficiaries whose benefits commenced prior to July 1, 1986 and who do not receive the $20 times years of service increase in (2) above.

4. Provides a minimum disability benefit of $20 times years of service.

The cost of the proposed legislation would be $114,364 in the first year, without regard to the accumulated past excess contributions ($871,550 as of July, 1993) which, as provided under Code Section 47-20-10(a)(4)(D), may be used to offset current and future required contributions. The proposed legislation would increase the unfunded actuarial accrued lia bility by $892,569.

The following table reflects the unfunded actuarial accrued liability and recommended employer contribution before and after the proposed legislation. The recommended em ployer contribution rate is in conformity with all minimum funding standards specified by Code Section 47-20-10. All amounts are in thousands.

Before

After Increase Due

Legislation Legislation to Legislation

1. Accrued Liability 2. Asset Value
3. Unfunded Actuarial Accrued Liability [(l)-(2)]

$8,832 8,222
$ 610

$9,725 8,222
$1,503

$ 893 0
$ 893

4. Normal Cost 5. Net Amortizations 6. Interest thereon to reflect
Monthly Contributions
7. Total Contribution [(4) + (5) + (6)]

244

$ 269

146

230

15

20

405

$ 519

$ 25 84
$ 114

8. Expected Employee Contributions

231

231

0

9. Interest thereon to reflect

9

9

0

Monthly contributions

10. Preliminary Annual Required Employer Contribution on a Monthly Basis [(7)-(8)-(9)]

$ 165

$ 279

$ 114

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11. Excess Past Employer Contributions 12. Interest thereon to reflect
Monthly Contributions

872

872

0

34

34

___0

13. Required Employer Contribution due to Minimum Funding Standards

$0

$0

14. Employer Contribution Rate Currently in Effect

4.61%

4.61%

0%

15. Alternative Annual Employer

Contribution made on a Monthly Basis

Dollar Amount

$ 73

188

Percent of Pay

1.46%

3.75

$ 115 2.29%

The Alternative Employer Contribution shown above is equal to Normal Cost plus amortization of the Unfunded Actuarial Accrued Liability over twenty years, adjusted for interest to reflect monthly contributions and offset by expected employee contributions.

The bill continues current practice of having employer contributions at the same rate, 4.61% of pay, as employee contributions. The annual employer contributions are reduced by a dollar amount equal to the refunds of employee contributions paid during the year. This employer contribution equals or exceeds both the required minimum contribution under Code Section 40-20-10 and the alternative employer contribution provided.

Sincerely,
/s/ Ron Seeling, Ph.D., F.C.A., A.S.A., M.A.A.A. Enrolled Actuary No. 93-3818

The Senate Retirement Committee offered the following substitute to SB 386:

A BILL
To be entitled an Act to amend an Act entitled "Macon Water Commissioners-Pension Plan," approved December 30, 1953 (Ga. L. 1953, p. 2831, et seq.) as amended by an Act entitled "City of Macon-Board of Water Commissioners Retirement System Amended," ap proved March 10, 1964 (Ga. L. 1964, p. 2695, et seq.) as amended by an Act entitled "City of Macon-Board of Water Commissioners Retirement System Amended," approved March 10, 1970 (Ga. L. 1970, p. 2324, et. seq.) as amended by an Ordinance of the City of Macon entitled "City of Macon-Charter Amended-Water Commissioners Pension Plan Amended," filed in the office of the Secretary of State on June 1, 1974 (Ga. L. 1974, p. 4088, et. seq.) as amended by an Act entitled "Macon-Bibb County Water and Sewerage Authority Act Amended," approved April 6, 1981 (Ga. L. 1981, p. 3464, et. seq.) as amended by an Act entitled "Macon-Bibb County Water and Sewerage Authority Employees' Pension PlanAmended," approved March 14, 1983 (Ga. L. 1983, p. 3967, et seq.) as amended by an Act entitled "Macon-Bibb County Water and Sewerage Authority Employees' Pension PlanAmended," approved March 27, 1985 (Ga. L. 1985, p. 4543, et seq.) as amended by an Act entitled "Macon-Bibb County Water and Sewerage Authority Employees' Pension PlanBenefits," approved January 28, 1988 (Ga. L. 1988, p. 4872, et. seq.) as amended by an Act entitled "Macon-Bibb County Water and Sewerage Authority-Employees Pension Plan," approved March 22, 1989 (Ga. L. 1989, p. 4202, et seq.) as amended by an Act entitled "Macon-Bibb County Water and Sewerage Authority-Employees Pension Plan; Benefits; Custodian," approved March 13, 1990 (Ga. L. 1990, p. 3724, et. seq.); as amended by an Act entitled "Macon-Bibb county Water and Sewerage Authority--Employees Pension Plan; Employer Contributions," approved April 4, 1991 (Ga. L. 1991, p. 4520, et seq.) so as to add certain definitions; to increase benefits payable under the plan; to add a minimum pension of $200 per month; to provide a one-time cost of living raise in benefits to employees who retired prior to July 1, 1986; to change the way interest is computed on returned employee

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contributions; to stagger the terms of the employee members of the Pension Committee; to add new provisions to include a spendthrift clause, provisions dealing with legally incompe tent employees and beneficiaries, to provide a limitation of liability; to provide conditions for an effective date and for automatic repeal; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act entitled "Macon Water Commissioners-Pension Plan," approved De cember 30, 1953 (Ga. L. 1953, p. 2831, et seq.) as amended by an Act entitled "City of Macon-Board of Water Commissioners Retirement System Amended," approved March 10, 1964 (Ga. L. 1964, p. 2695, et seq.) as amended by an Act entitled "City of Macon-Board of Water Commissioners Retirement System Amended," approved March 10, 1970 (Ga. L. 1970, p. 2324, et. seq.) as amended by an Ordinance of the City of Macon entitled "City of Macon-Charter Amended-Water Commissioners Pension Plan Amended," filed in the office of the Secretary of State on June 1, 1974 (Ga. L. 1974, p. 4088, et. seq.) as amended by an Act entitled "Macon-Bibb County Water and Sewerage Authority Act Amended," approved April 6, 1981 (Ga. L. 1981, p. 3464, et. seq.) as amended by an Act entitled "Macon-Bibb County Water and Sewerage Authority Employees' Pension Plan-Amended," approved March 14, 1983 (Ga. L. 1983, p. 3967, et seq.) as amended by an Act entitled "Macon-Bibb County Water and Sewerage Authority Employees' Pension Plan-Amended," approved March 27, 1985 (Ga. L. 1985, p. 4543, et seq.) as amended by an Act entitled "Macon-Bibb County Water and Sewerage Authority Employees' Pension Plan-Benefits," approved Janu ary 28, 1988 (Ga. L. 1988, p. 4872, et. seq.) as amended by an Act entitled "Macon-Bibb County Water and Sewerage Authority-Employees Pension Plan," approved March 22, 1989 (Ga. L. 1989, p. 4202, et seq.) as amended by an Act entitled "Macon-Bibb County Water and Sewerage Authority-Employees Pension Plan; Benefits; Custodian," approved March 13, 1990 (Ga. L. 1990, p. 3724, et. seq.) as amended by an Act entitled "Macon-Bibb county Water and Sewerage Authority--Employees Pension Plan; Employer Contributions," ap proved April 4, 1991 (Ga. L. 1991, p. 4520, et seq.) is amended by striking said Act in its entirety and inserting in lieu thereof the following:
"Section 1. Macon Water Authority Employee's Pension Plan Continued. The pension and retirement plan for certain eligible employees and officers of the Macon Water Author ity, the successor to the Board of Water Commissioners of Macon, Georgia and the MaconBibb County Water & Sewerage Authority, created by an Act of the General Assembly ap proved December 30, 1953 (Ga. L. 1953, p. 2831), as amended, is continued and shall be known as "The Macon Water Authority Employees' Pension Plan."
Section 2. Definitions. As used in this Act, the following words, terms and phrases shall have the meaning hereby ascribed unless a different meaning is clearly required by the im mediate context in which the word, term or phrase is used:
(a) "Authority" and "Macon Water Authority" shall mean the legal entity created by an Act approved March 2, 1966 (Ga. L. 1966, pp. 2737, (et seq.) as amended particularly by an Act approved March 23, 1993, (Ga. L. 1992, p. 4991, et seq.).
(b) The masculine shall include the feminine.
(c) "Service" and "Years of Service" shall mean the period in the employ of the Author ity and while a member of this Plan. A year of service shall not be die calendar year, but shall be a service period of twelve months, except that in computing fractional years of service six or more service months shall be considered a year of service. No period during which benefits are received under this plan shall be considered "Service" or "Years of Service."
(d) "Final Average Monthly Earnings" shall mean the total compensation received by the member from the Authority during the last three years of service with the Authority, divided by thirty-six; provided, however, that in the event of prolonged illness or other justi fying cause, to be judged solely by the Authority, the Authority may compute "Final Aver age Monthly Earnings" of the affected member by using the three years most productive of compensation from the Authority and to the member, and divide such total by thirty-six.

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119

(e) "Compensation" shall mean the total wages or salary received from the Authority but shall not include any bonuses payable to members of the Plan.
(f) "Actuarial equivalent" shall mean the equality in value of the aggregate amounts expected to be received under different forms of payment based upon mortality and interest rate assumptions approved from time to time by the Authority.
(g) "Beneficiary" shall mean the person or persons entitled to receive any benefits at the death of the member and who has been designated by the member by written notice to the Authority. If no person or persons so designated are living at the time of the death of the member, the beneficiary shall be the estate of the member.
Section 3. Member Eligibility. All employees and officers of the Authority as of Decem ber 30, 1953 and thereafter, are eligible for inclusion in the pension and retirement plan established hereby, except the following persons, who are expressly excluded:
(a) Elected members of the Authority and the attorney(s)-at-law for the Authority.
(b) All casual or temporary employees and contractors and their employees, whose work with the Authority is casual, temporary or by the job or contract.
(c) All officers and employees whose employment with the Authority is part-time and the majority of whose income is not derived from employment by the Authority. The Au thority is vested with full authority to solely and exclusively judge and determine the appli cation of this coverage exception.
Section 4. Contributions.
(a) Employee Contributions. Each member of the pension plan herein created shall make contributions to the pension fund of such plan as follows:
(1) Four and 61/100 percent (4.61%) of the total compensation received from the Au thority during the calendar year, or fraction thereof, from December 30, 1953 until termina tion of employment.
(2) The amount of the required contributions to be paid by each member of the plan shall be deducted and withheld by the Authority from the Compensation paid to such mem ber. All eligible employees or officers employed or taking office after December 30, 1953, and any employee or officer actively engaged in the service of the Authority on December 30, 1953 are conclusively held to have consented to such deduction, the plan provided herein being compulsory as to eligible officers and employees.
(b) Employer Contribution. The Authority shall contribute to the pension fund from its general funds such annual amounts as are necessary to equal employee contributions, less an amount equal to the total payments made to withdrawing members during a plan year under Sections 6(a)(7) and (8); and may contribute from its general funds such additional amounts as it may deem necessary or as may be required by general law to maintain at all times the fund and plan on a sound financial basis, but shall contribute from its general funds such amounts as may be necessary to augment the fund at any time to meet benefits payable therefrom.
The sums necessary to discharge the administration of this Plan and the sums provided for in the paragraph immediately above shall be paid from the general funds of the Author ity and shall be treated as a personnel expense.
The Authority or its successors is authorized and required to consult and employ, at its expense, from its general funds, from time to time, actuaries to compute such periodic pay ments as may be necessary in order to maintain and assure the continuing solvency of the pension and retirement plan, and to furnish such audits and reports as may from time to time be required by general law.
Section 5. Pension Fund. Custodian. Investment of Pension Fund. The contributions of members of the plan, as well as the income and return from investments hereinafter author ized, shall constitute the pension fund for this plan and shall be held in trust for payments

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pursuant to this plan, and all payments becoming due under the pension and retirement plan established hereby shall be solely payable therefrom.
All such funds shall be initially paid over to the business operations director of the Authority and, until changed by the Authority, the business operations director of the Au thority shall be the custodian of the pension fund; and while the same is in his possession the bond of the business operations director shall be liable for the safekeeping thereof.
The Authority is authorized, in its discretion, and from time to time, to appoint, subject to revocation at any time and subject to such guard for safekeeping as the Authority may prescribe, one or more state or national banks having places of business in the State of Georgia, and maintaining an active trust department, as custodian of the fund, in whole or in part, and for purposes of disbursement pursuant to this Act and the order of the Author ity, and/or for purposes of investment of such fund, and agree to the fee or charge for such services of such custodian or custodians; the purpose or purposes for which the custodian or custodians is or are appointed to be stated in writing by the Authority at the time of ap pointment, which statement shall be recorded on the official minutes of the Authority and a copy thereof delivered to the custodian or custodians.
The Authority or a designated member of the Authority shall have authority and dis cretion, to be exercised at any time and from time to time, to invest all or any part of the fund as follows:
(a) As provided by the then effective laws of Georgia for investments by trustees or investments by guardians without court order or proceedings;
(b) As provided by the then effective laws of Georgia for investments by trustees or by guardians with court order and after the Authority has first obtained such court order;
(c) Without court order and without authority or permission of any kind, other than herein given, in stocks, bonds and securities then approved as investments of common trust funds by an active trust department of any state or national bank having a place of business in the State of Georgia.
The Authority may at any time, and from time to time, delegate, subject to immediate revocation, the aforesaid powers of investment to the then custodian of the fund, or any portion of the fund; but no investment by the custodian other than as provided by the then effective laws of the State of Georgia for investments by trustees or guardians without court order shall be made except upon written approval, of each specific investment, by the Au thority or by the member of the Authority designated for the purpose of supervising such investments.
Fees or other charges made by the custodian and/or investment custodian with the ap proval of the Authority shall be payable from the pension fund.
Section 6. Benefits; Qualification for Benefits; Optional Forms of Retirement Benefits.
(a) Benefits.
Normal Retirement:
(1) Upon reaching sixty-three (63) years of age, a member of the Plan shall be entitled to a monthly retirement benefit in an amount equal to the product of the percentage set forth in the table below for his years of service times the years of service times the final average monthly earnings.

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121

YEARS OF SERVICE
1-30 31 32 33 34 35 36 37 38 39 40 or More

PERCENTAGE
1.750% 1.775% 1.880% 1.825% 1.850% 1.875% 1.900% 1.925% 1.950% 1.975% 2.000%

In the event that the normal retirement monthly benefit of any member who has retired as of the effective date of this Act does not equal at least $20 times the number of years of service up to a maximum of ten (10) years, then the monthly benefit of such member shall be the product of $20 times the number of years of service up to a maximum of Two Hun dred ($200) Dollars.

Disability Retirement:

(2) Any member who is (1) permanently and totally disabled after five continuous years of service and (2) who is unable to efficiently perform the essential functions required by his job shall be entitled to a monthly disability retirement allowance equal to one and threefourths percent (1.750%) of his final average monthly earnings times his number of years of service; such amount in no event to be less than Twenty ($20) Dollars per month for each year of continuous service; provided, however, that for years of service for thirty (30) or more the member shall be entitled to benefits calculated in accordance with the schedule set forth in subsection (1) above. Such allowance shall be paid as calculated and in full until the member dies.

(3) A member who is permanently and totally disabled from accidental, violent and external causes suffered in the line of duty and in the performance of duty shall be entitled to a monthly disability retirement allowance equal to two-thirds (66.667%) of his final aver age monthly earnings. Such allowance shall be paid as calculated and in full until the mem ber dies.

Early Retirement:

(4) Upon reaching fifty-five (55) years of age and prior to attaining sixty-three (63) years of age, any member who has fifteen (15) or more years of service as defined in section 2(c) of this Act, may retire, at his option and shall receive benefits actuarially equivalent to what his benefits would be under this Act if he were sixty-three (63) years of age on the day of such optional retirement.

(5) Any member, before attaining the age of sixty-three (63) years who has twenty-five (25) or more years of service as defined in section 2(c) of this Act, may retire, at his option, and shall receive benefits actuarially equivalent to what his benefits would be under this Act if he were sixty-three (63) years of age on the date of such optional retirement.

(6) Any member who has thirty (30) or more years of service as defined in subsection (c) of section (2) of this Act and has attained the age of fifty-five (55) years may retire, at his option, and shall receive benefits, without actuarial reduction, to which he would have been entitled under this Act as if he had retired at sixty-three (63) years of age on the date of such optional retirement.

Member Terminates Employment Prior To Being Eligible for Retirement:

(7) In the event a member terminates his service, or his service is terminated for any reason other than death or cause for which he receives benefit payments elsewhere under this Pension Plan, he shall be entitled to a severance benefit equal to the full amount of his total contributions to the Pension Fund, as calculated in subsection (a) of Section 4 hereof:

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Provided, simple interest shall be added on and to his contributions annually at the rate of 75% of the actuarial interest assumption figures in effect during such employee's time of service, with such interest to be calculated on contributions made through the end of the year next preceding the year of the member's termination.
(8) In the event, after ten years' service, a member terminates his service, or his service is terminated for any reason other than death or cause, for which the employee is not enti tled to receive benefits elsewhere under this Pension Plan, his benefits as provided herein shall be vested, but payment thereof shall be deferred to age sixty-three (63) years; Pro vided, the employee shall leave his contributions in the Fund; Provided, such employee shall be entitled, at his option, to receive actuarially reduced benefits prior to age sixty-three (63) years, when his service would have totaled twenty-five (25) years had he remained in the service of the Authority. A member shall be notified of his option to leave his contributions in the Plan by certified mail, return receipt requested, and shall have twelve (12) months in which to make an election to remain in the Plan or withdraw his contributions. The contri butions of a member who fails to make an election within twelve (12) months will be paid to the member as provided in subsection (7) next above.
Survivor Benefits:
(9) The surviving spouse, or if no surviving spouse, the beneficiary, or if no beneficiary the surviving heirs-at-law of a member dying prior to retirement, shall receive a death bene fit equal to the full amount the member has paid into the Pension Fund; Provided, simple interest shall be added on and to the member's contributions annually at the rate of 75% of the actuarial interest assumption figures in effect during such employee's time of service, with such interest to be calculated on contributions made through the end of the year next preceding the year of the member's death.
(10) The surviving spouse, or if no surviving spouse, the beneficiary, or if no beneficiary, the surviving heirs-at-law of a member killed by accidental, violent and external causes sus tained in the line of duty and in the active performance of duty, shall receive a death bene fit as set out in subsection (9) next above, plus one hundred dollars ($100.00) for each year of service, up to a maximum of Five Hundred Dollars ($500.00).
(11) In the event an actively employed member dies prior to retirement but is survived by a spouse, and has attained the age and/or years of service requirement in any of subsec tions (1), (4), (5) or (6) of this Section 6(a), such spouse shall be entitled to a monthly benefit equal to fifty percent (50%) of the benefit accrued to such employee as of the date of death.
(12) In the event a pensioned member who is receiving retirement benefits (i) in accor dance with subsections (1), (2), (3), (4), (5), (6), or (8) of subsection (a) of this Section 6, or (ii) in accordance with option B of subsection (c) of this section 6, or (iii) in accordance with option C of subsection (c) of this section 6 if the form of such option C does not require a beneficiary, dies before receiving pension benefits in an amount equal to the death benefit provided in subsection (9) hereof (the amount of interest to be calculated to date of retire ment only for this subsection), the difference shall be paid to the surviving spouse, or if no surviving spouse, to the beneficiary, or if no beneficiary, to the surviving heirs-at-law of the deceased pensioned member.
(13) In the event a pensioned member is receiving retirement benefits (i) in accordance with option A of subsection (c) of this Section 6, or (ii) in accordance with option C of subsection (c) of this Section 6 if the form of such option C requires a beneficiary, and such member and the member's beneficiary die before receiving combined total pension benefits in an amount equal to the death benefit provided in subsection (9) hereof (the amount of compound interest to be calculated to the date of retirement only for this subsection), the difference shall be paid to the surviving spouse, or if no surviving spouse, to the surviving heirs-at-law of the deceased pensioned member.
(14) Effective as of January 2, 1992, the monthly benefit of every member of the Plan who has retired and receiving benefits prior to July 1, 1986 shall be increased by Five (5%)

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123

Percent on a one-time basis. This one-time increase in benefits shall also be applicable to any beneficiary if that beneficiary's member was retired and receiving benefits prior to July 1, 1986.

(b) Qualification for Benefits.

(1) Permanent and total disability shall be determined upon the report of two reputable practicing physicians, resident of Bibb County, Georgia, and after physical examination of the claimant; one of the physicians shall be selected by the Authority, one by the member, and in case of disagreement of the two physicians so selected, a third physician with like qualifications shall be selected by the two first named physicians; or, upon their failing to agree upon a selection, by the Authority. The decision of a majority of the physicians so selected shall govern and be determinative.

In the event it is determined by the method aforesaid that the member is permanently

and totally disabled and he is placed upon the pension list, the member so pensioned shall,

at the instance and direction of the Authority, be subject to periodic physical reexamination

in the same manner as provided herein for the original physical examination; and if then

found able to actively perform the duties or services that he was performing at the time his

disability was sustained, the Authority may order that he return to active service with the

Authority and that his pension payments be discontinued during the period of such active

employment. In the event the member so ordered by the Authority to return to active em

ployment with the Authority fails or refuses to do so within thirty (30) days of written

notice so to do, the right of the member to disability payments shall be conclusively and for

all time terminated. In the event such member shall return to active employment with the

Authority as ordered by the Authority, he shall resume payment of contributions then re

quired by the pension plan, and shall likewise be entitled to further service credit during the

time he remains in the active service of the Authority. Such member shall not be entitled to

other retirement benefits of the plan save by relinquishment of any and all rights to any

disability benefits.

,

(2) No pension payments for total and permanent disability shall be paid under this plan if it be found that the member's disability was caused by the member's wilful miscon duct or self-inflicted injury, or grows out of member's attempt unlawfully to injure another, or the commission or attempted commission of a felony under the laws of this State or of the United States.

(3) No payments for total or permanent disability from external causes suffered in the line of duty and in the performance of duty shall be paid for the period for which the claimant receives payment, or for the period computed in a lump sum payment, under the Worker's Compensation Laws of Georgia, and as the same may be amended.

(4) Pension retirement or disability payments shall not be made to any member while receiving any remuneration as an officer or employee of the Authority.

(5) All questions arising concerning this plan or incident thereto, for the solution of which specific provision is not herein made, shall be conclusively resolved in the manner provided in Section 7 hereof.

(c) Optional Forms of Retirement Benefits.

(1) Election. A member of the plan shall be entitled to elect, or to revoke a previous election and make a new election, at any time six (6) months or more prior to his retirement in accordance with subsections (1), (4), (5), or (6) of subsection (a) of this Section 6, or prior to commencement of retirement payment in accordance with subsection (8) of subsection (a) of this Section 6, to have his retirement benefit payable under one of the options hereinafter set forth in lieu of the retirement benefits he is otherwise entitled to receive in accordance with such subsections. Election of any option shall be made by the member in writing and shall be subject to approval by the Authority. The optional form of retirement benefit thus elected shall be paid in accordance with the terms of such option.

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A member of the plan who retires as a result of permanent and total disability as pro vided in subsections (2) and (3) of subsection (a) of this Section 6 shall not be entitled to receive his retirement benefit under any optional form of retirement benefit.
(2) Description of Options. The amount of any optional retirement benefit as set forth below shall be the actuarial equivalent of the amount of benefit that would otherwise be payable to the member.
Option A. Joint and Survivor Option - A decreased retirement benefit which shall be payable during the joint lifetime of both the member and his beneficiary and which shall continue after the death of either during the lifetime of the survivor in the same amount, or in such smaller amount as the member may designate.
Option B. Social Security Option - An increased retirement benefit payable during the lifetime of a member who retires in accordance with subsections (4), (5) or (6) of subsection (a) of this Section 6 until his retirement benefits commence under the Federal Social Secur ity Act and a reduced retirement benefit payable thereafter for life, in order to produce a more level retirement income when such reduced retirement benefit is added to his primary benefits under Social Security. The exact amount of benefit shall be based upon estimated primary benefits under Social Security determined as of the date such member retires.
Option C. Other Options - Subject to the approval of the Authority, any form of option except a lump sum distribution.
(3) Beneficiary. A member who elects option A, or C if the form of such option C re quires a beneficiary, shall, on a form provided for that purpose, designate a person to receive benefits which continue to be payable upon the death of the member. Such person shall be the beneficiary of the member.
(4) Cancellation of Election. The election by a member of option A, or option C if the form of such option C requires a beneficiary, shall be null and void if either the member of his designated beneficiary shall die before benefits commence.
Section 7. Rules and Regulations. Pension Committee. The Authority shall have full power and authority to pass all reasonable rules and regulations not inconsistent with the provisions of this Act.
A committee to be known as the "Pension Committee," composed of six (6) members, shall administer the terms of this Act, the Pension Plan provided hereby, and such rules and regulations as may be prescribed by the Authority. The decisions of the Pension Com mittee upon any questions concerning the Act, the Plan, or such rules and regulations shall be final, conclusive and determinative of the question or questions involved and of the rights of the party or parties affected.
The Authority shall elect three (3) of its members to the Committee who shall serve at the pleasure of the Authority. The official and employee members of the pension plan shall elect and certify to the Authority three (3) members who shall serve on the Committee for terms of four years or until their successors are elected. The members of the Plan shall meet on the first Monday in April beginning in 1994 and each two years thereafter for the pur pose of electing the employee members to the Committee. At the election held on the first Monday in April of 1994, the members of the Plan shall elected two members of the Pension Committee for a term of four years and one member for a term of two years. The members of the committee elected thereafter shall serve terms of four years or until their successor shall have been elected. The members of the Pension Plan shall also meet to elect any new member required to fill any unexpired term created by a vacancy in office.
In the event of an equal division of opinion of the Committee on any matter properly brought before it, the Chief Judge of the Macon Judicial Circuit, or his designee, shall be consulted and shall cast the deciding vote.
Section 8. Payment of Benefits and Exemption of Funds and Benefits. All benefit pay ments save those described in subsections (7), (9), (10), (12), and (13) of Subsection (a) of Section 6 shall be paid monthly.

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125

No benefit payment or portion of the Pension Fund contributed by member employees or officers shall be subject to assignment, or used as collateral for any claim or debt of any kind or character by any person, firm or corporation whatsoever, save by and at the instance of the Macon Water Authority or "The Macon Water Works Credit Union," a corporation of Bibb County, Georgia, and then only for money lawfully owing to the Authority or the Credit Union by any particular member, and then only to the extent of such member's benefit payments and contributions to the Pension Fund made prior to the completion of ten years' service, and then only to a member whose service is terminated. Neither such employee nor any beneficiary shall have any right to alienate, commute, anticipate or assign any of the benefits, payments, proceeds or distributions under this Plan, except to the Au thority or the Credit Union, and if any employee shall attempt to dispose of the benefits provided for him other than to the Authority or the Credit Union, or to dispose of the right to receive such benefits other than to the Authority or the Credit Union, or in the event there should be an effort to seize such benefits, or the right to receive such benefits by attachment, execution or other legal or equitable process by any except the Authority or the Credit Union, such right may pass and be transferred at the discretion of the Pension Com mittee, to such one or more as may be appointed by the Committee from among the benefi ciaries, if any, theretofore designated by the employee member, or from the spouse, children or other dependents of the employee member, in such shares as the Committee may ap point. Any appointment so made by the Committee may be revoked by it at any time and further appointment made by it which may include the employee member.
Section 9. Legally Incompetent Employee or Beneficiary. If any employee member or beneficiary is a minor, or is in the judgment of the Committee otherwise legally incapable of personally receiving and giving a valid receipt for any payment due him hereunder, the Committee may, unless and until claim shall have been made by a duly appointed guardian of such person, direct that such payment or any part thereof be made to such person's spouse, child, parent, brother or sister or other person deemed by the Committee to have incurred expense for or assumed responsibility for the expenses of such person. Any pay ment so made shall be a complete discharge of any liability under this system for such payment.
Section 10. Benefits Supported Only By Pension Fund. Any person having any claim under this Pension Plan will look solely to the assets of the Pension Fund for satisfaction. In no event will the Authority or any of its officials, members of its Pension Committee or agents, be liable in their individual capacities to any person whomsoever under the provi sions of the system.
Section 11. Discrimination. The Authority, through the Pension Committee shall ad minister this Plan in a uniform and consistent manner with respect to all employees and shall not permit discrimination of any kind.
Section 12. Limitation of Liability; Legal Action.
(a) It is expressly understood and agreed by each employee who becomes a member hereunder, that except for its or their wilful neglect or fraud, neither the Authority, the Pension Committee, nor any members of either body, shall be in any way subject to any suit or litigation, or to any legal liability, for any cause or reason or thing whatsoever, in connec tion with the Pension Plan or its operation, and each such employee hereby releases the Authority and all of its officers and agents from any and all liability or obligation.
(b) To any action or proceeding involving the assets held with respect to the Pension Plan or the administration thereof, the Authority, shall be the only necessary party, and no employees or former employees of the Authority or their beneficiaries or any other person having or claiming to have an interest in the Plan shall be entitled to any notice or process. Any final judgment that may be entered in any such action or proceeding shall be binding and conclusive on the parties hereto, the Authority and all persons having or claiming to have any interest in the system.

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Section 13. Claims. Any payment to an employee or beneficiary, or to their legal repre sentative, in accordance with the provisions of this Pension Plan, shall to the extent thereof be in full satisfaction of all claims hereunder against the Authority, the Pension Committee and the fund custodian, any of whom may require such employee, beneficiary or legal repre sentative, as a condition precedent to such payment, to execute a receipt and release there for in such form as shall be determined by the Authority, Pension Committee or fund custo dian, as the case may be.
Section 14. Prohibition on Duplication or Doubling of Benefits. No employee-member nor a spouse thereof, nor the heirs-at-law or estate thereof, shall be entitled to double bene fits, and there shall be no duplication of benefits payable under the provisions of this Pen sion Plan.
Section 15. Provisions Severable. If this Act or any portion of it, or the application of this Act or any portion of it to any person or circumstance, shall be declared invalid, the remainder of this Act and the application of such invalid portion to other persons and cir cumstances shall remain unaffected."
Section 2. This Act shall become effective on July 1, 1994, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1994, as required by subsection (a) of Code Section 47-20-50.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
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 Balfour Baugh Blitch Boshears
Bwen Broun of 46th
Brown of 26th rCChhlaeyek^s Coleman Crotts Qay Dean Edge Egan Farrow

Gillis Glanton Gochenour Guhl Harbison
Hemmer Henson
ffil, H.H.ougogkms s Isakson KemP Langford of 35th Langford of 29th Madden Marable McGuire

Those not voting were Senators:

Middleton Oliver Perdue Pollard Ragan of llth
Ragan of 32nd Ralston
Ray RS,, coobtitnson Slotin Starr Thomas Thompson Turner Tysinger Walker

Abernathy Newbill

Parrish

Taylor

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

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

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127

SB 417. By Senators Robinson of the 16th, Hill of the 4th, Perdue of the 18th and others:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to eliminate the plea of nolo contendere to a charge of driving under the influence of alcohol or drugs; to provide an effective date; to provide for applicability.
Senators Robinson of the 16th, Hill of the 4th, Edge of the 28th and others offered the following amendment:
Amend SB 417 by inserting on line 4 of page 1 after "drugs;" the following:
"to provide for a delay in issuance of a limited driving permit after conviction of driving under the influence;".
By inserting a new Section 1.5 between lines 14 and 15 of page 5 to read as follows:
"Section 1.5. Said title is further amended by striking in their entirety subsections (a) and (e) of Code Section 40-5-64, relating to limited driving permits, and inserting in lieu thereof the following:
'(a) To whom issued. Notwithstanding any contrary provisions of Code Section 40-5-57 or 40-5-63 or any other Code sections of this chapter, any person may apply for a limited driving permit when and only when that person's driver's license has been suspended in accordance with subsection (d) of Code Section 40-5-57 or paragraph (1) of subsection (a) of Code Section 40-5-63, provided that such pcraon has not had his person's driver's license was not suspended under Code Section 40-5-68. Notwithstanding any other provision of law, a person whose driver's license has been suspended in accordance with paragraph (1) of subsection (a) of Code Section 40-5-63 as a consequence of conviction of a violation of Code Section 40-6-391 shall not be eligible to apply for and shall not be issued a limited driving permit until 30 days after the date of such conviction?
'(e) Duration of permit. A permit issued pursuant to this Code section shall be $25.00 and shall be nonrenewable and shall become invalid upon the expiration of one year follow ing the effective date of suspension of the applicant's driver's license in the case of a suspen sion for an offense listed in Code Section 40-5-54 or a suspension under Code Section 40-557 or upon the expiration of 120 days following conviction in the case of a suspension for a violation of Code Section 40-6-391, except that such limited driving permit shall expire upon the earlier reinstatement of the driver's license. A person convicted of such an offense listed in Code Section 40-5-54 or a person whose license was suspended under CodlT Section 40-5-57 and whose driver's license had been surrendered to the court in which such convic tion was adjudged may apply to the department for a limited driving permit immediately following such conviction. A person convicted of a violation of Code Section 40-6-391 may apply to the department for a limited driving permit 30 days after the date of such convic tion. Upon the applicant's execution of an affidavit attesting to such facts and to the fact that the court had not imposed a suspension or revocation of Ms the driver's license or driving privileges inconsistent with the driving privileges to be conferred by the limited driving permit applied for, the department may issue such person a limited driving permit. A person convicted of such offense whose driver's license had not been surrendered to such court immediately following such conviction may apply to the department for a permit as provided in this subsection. Upon the applicant's surrender to the department of his or her driver's license and the execution of a similar affidavit, or if he has lost his the driver's license has been lost, upon execution of an additional affidavit to that effect, the department may issue such person a limited driving permit in accordance with the provisions of this subsection.'".
On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

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Those voting in the affirmative were Senators:

Balfour Baugh Blitch Boshears Bowen Brown of 26th Burton
Coleman Crotts Day Dean Edge Egan Farrow Gillis Glanton

Gochenour Guhl Harbison Hemmer Henson Hill Hooks Muggins l*akson Kemp Langford of 35th Langford of 29th Madden Marable
McGuire Middleton
Newbill
Oliver

Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston
Robinson Scott cl . lotm btarr Taylor Thomas Thompson Turner Tysinger Walker

Those voting in the negative were Senators Alien and Broun of 46th.

Not voting was Senator Abernathy.
On the adoption of the amendment, the yeas were 53, 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:

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

Glanton Gochenour Guhl Harbison Hemmer
Henson Hill Hooks Huggins Isakson Kemp
Langford" of 35th Langford of 29th Madden Marable McGuire 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 Alien.

Not voting was Senator Abernathy.

On the passage of the bill, the yeas were 54, nays 1. The bill, having received the requisite constitutional majority, was passed as amended. Senator Dean of the 31st moved that SB 417 be immediately transmitted to the House.

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129

On the motion, the yeas were 44, nays 0; the motion prevailed, and SB 417 was immedi ately transmitted to the House.

SB 419. By Senators Starr of the 44th, Coleman of the 1st and Clay of the 37th:
A bill to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to prohibit any person under the age of 21 from driving or being in actual physical control of a motor vehicle while such person's blood alcohol content is 0.02 grams or more.

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

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

Those voting in the affirmative were Senators:

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

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

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

Not voting were Senators Abernathy and Oliver. On the passage of the bill, the yeas were 54, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 421. By Senators Robinson of the 16th, Ray of the 19th and Hill of the 4th:
A bill to amend Article 2 of Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to arrests, trials, and appeals with respect to the prosecution of traffic offenses, so as to provide that in any case where a defendant charged with a violation of Code Section 40-6-391 has requested a trial by jury, has been bound over to a court in the county having jurisdiction to try the offense with a jury, and subsequently waives a trial by jury, the case shall be remanded to the same lower court from which it came for the trial of the case.
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:

Alien Balfour Baugh Blitch Boshears Bowen
Brown of 26th Burton Cheeks Clay Coleman Crotts Day Dean Edge Egan Gillis
Gochenour

Guhl Harbison Hemmer Henson Hill Hooks
Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable McGuire 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 Broun of 46th

Farrow

Glanton

On the passage of the bill, the yeas were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Ragan of the llth introduced the doctor of the day, Dr. Robert Shiver of Ca milla, Georgia.
Senator Ray of the 19th moved that the Senate adjourn until 10:00 A.M. tomorrow; the motion prevailed, and the President announced the Senate adjourned at 11:31 A.M.

TUESDAY, JANUARY 25, 1994

131

Senate Chamber, Atlanta, Georgia Tuesday, January 25, 1994 Seventh Legislative Day

The Senate met pursuant to adjournment at 10:00 A.M. today and was called to order by the President.
Senator Muggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 500. By Representatives Buck of the 135th and Floyd of the 138th:
A bill to amend Code Section 47-16-41 of the Official Code of Georgia Annotated, relating to delayed application for membership in the Sheriffs' Retirement Fund of Georgia, so as to provide that a sheriff who was a member of such fund and subsequently ceased being a member may, upon again becoming a sheriff, apply for membership.
HB 158. By Representatives Floyd of the 138th and Cummings of the 27th:
A bill to amend Code Section 47-2-96 of the Official Code of Georgia Annotated, relating to certain creditable service under the Employees' Retirement System of Georgia, so as to authorize creditable service for certain active duty military service.
HB 959. By Representative Reaves of the 178th:
A bill to amend Code Section 47-2-312 of the Official Code of Georgia Annotated, relating to membership in the Employees' Retirement System of Georgia for em ployees of agricultural commodity commissions, so as to provide that certain such employees may obtain creditable service for certain prior service with such commissions.
HB 1179. By Representative Lane of the 55th:
A bill to amend Code Section 36-42-4 of the Official Code of Georgia Annotated, relating to Downtown Development Authority directors, so as to change the length of the term of the directors of such authorities.
HB 1180. By Representative Lane of the 55th:
A bill to amend Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing authorities, so as to permit at least one elected official of the appointing political subdivision to serve as a commissioner of the housing authority.

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HB 1182. By Representative Lane of the 55th:
A bill 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 certain pro visions regarding the employment of nonmembers by nonprofit organizations to conduct bingo games on behalf of such organizations.
HB 1183. By Representative Lane of the 55th:
A bill to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against the public health and morals, so as to change the definition of recreational bingo; to authorize nonprofit organizations who are li censed to operate bingo games to operate recreational games.
HB 674. By Representative Groover of the 125th:
A bill to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, known as the "Hospital Authorities Law," so as to provide that cer tain real property owned by a hospital authority shall be subject to state, county, and municipal ad valorem taxation; to provide that certain real property ac quired by a hospital authority shall be subject to all local zoning regulations.
HB 1193. By Representatives Watson of the 139th, Skipper of the 137th, Johnston of the 81st, Dixon of the 150th and Chandler of the 99th:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-volt age contractors, and utility contractors, so as to change the provisions relating to the licensing of utility contractors.
HB 437. By Representatives Purcell of the 147th, Walker of the 141st, Godbee of the 145th, Oliver of the 154th, Hudson of the 156th and others:
A bill to amend Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters, so as to remove certain types of identification or documentation that may be used to provide identification for registering to vote.
HB 1208. By Representatives Thomas of the 100th, Bostick of the 165th, Chambless of the 163rd and Hammond of the 32nd:
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 1218. By Representatives Thomas of the 100th, Bostick of the 165th and Chambless of the 163rd:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in Title 47 of the Official Code of Georgia Annotated, and in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated.

TUESDAY, JANUARY 25, 1994

133

HB 1219. By Representatives Thomas of the 100th, Bostick of the 165th, Chambless of the 163rd and Hammond of the 32nd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated, and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated.
The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
SB 143. By Senator Newbill of the 56th:
A bill to amend Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing generally, so as to provide for requirements for home inspec tors; to provide for definitions; to provide for requirements relative to bonding or insurance; to provide for exceptions; to prohibit certain conduct; to provide for penalties.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 507. By Senators Marable of the 52nd, Ray of the 19th, Perdue of the 18th and others:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide that any license issued to a person under the age of 21 years shall remain valid until such person reaches the age of 21 years; to provide for renewal of existing licenses of persons under 21 years at no cost for that period of time until such person reaches the age of 21 years.
Referred to Committee on Public Safety.
SB 508. By Senator Ralston of the 51st:
A bill to amend Code Section 44-12-300 of the Official Code of Georgia Anno tated, relating to tribes, bands, groups, or communities recognized by the state as legitimate American Indian Tribes, so as to provide for an additional band so recognized.
Referred to Committee on Special Judiciary.
SB 509. By Senator Oliver of the 42nd:
A bill to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance in general, so as to add a definition; to provide that a party exhaust all administrative remedies before seeking judicial review; to provide an exception; to provide for review of decisions.
Referred to Committee on Health and Human Services.
SB 510. By Senators Newbill of the 56th and Clay of the 37th:
A bill to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to provide for definitions; to provide for exemptions; to provide for the seizure and forfeiture of certain weapons, conveyances, and other property used to facilitate a violation of said part; to provide procedures for such forfeitures.
Referred to Committee on Special Judiciary.

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SB 511. By Senator Walker of the 22nd:
A bill to amend Code Section 37-2-5 of the Official Code of Georgia Annotated, relating to membership of regional mental health, mental retardation, and sub stance abuse boards, so as to limit members of such boards to one full term of office upon such boards and limit how soon they are eligible for membership on community service boards; to amend Code Section 37-2-6 of the Official Code of Georgia Annotated, relating to membership of community service boards.
Referred to Committee on Health and Human Services.
SB 512. 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 the authority of the State Board of Examiners of Psychologists; to change the provisions prohibiting unlicensed per sons from holding themselves out as psychologists; to change the requirements for applicants for licensing; to change the provisions relating to examinations of applicants.
Referred to Committee on Health and Human Services.
SB 513. By Senators Crotts of the 17th, Day of the 48th, Newbill of the 56th and others:
A bill to amend Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational programs in public elementary and secondary schools, so as to provide for a uniform grading system for certain purposes.
Referred to Committee on Education.
SB 514. By Senators Coleman of the 1st, Thompson of the 33rd, Alien of the 2nd and Kemp of the 3rd:
A bill to amend Article 3 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to security interests in and liens on motor vehicles, so as to provide that in the case of a motor vehicle or trailer, a transaction shall not cre ate a sales or security interest because it provides that the rental price is permit ted or required to be adjusted under the agreement by reference to the amount realized upon sale or other disposition of the motor vehicle or trailer.
Referred to Committee on Public Safety.
SB 515. By Senators Coleman of the 1st, Alien of the 2nd, Cheeks of the 23rd and others:
A bill to amend Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to financing under the "Quality Basic Education Act," so as to provide for legislative intent; to provide for certain definitions; to provide for the applicability of advanced placement examination fees to students enrolled in private secondary schools.
Referred to Committee on Education.
SB 516. By Senators Coleman of the 1st and Alien of the 2nd:
A bill to repeal an Act carrying into effect the provisions of the constitutional amendment authorizing the General Assembly of Georgia to provide that the mayor and aldermen of the City of Savannah and Chatham County may contract for the consolidation and combining of the county and city board of tax assessors.
Referred to Committee on Urban and County Affairs.

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SB 517. By Senators Thomas of the 10th, Ragan of the llth, Hemmer of the 49th and Slotin of the 39th:
A bill to amend Code Section 16-5-71 of the Official Code of Georgia Annotated, relating to tattooing, so as to increase the minimum age at which a person may obtain a tattoo; to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to define certain terms; to provide for penalties; to au thorize more stringent local regulation. Referred to Committee on Health and Human Services.
SB 518. By Senators Bowen of the 13th and Pollard of the 24th:
A bill to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to the issuance, expiration, and renewal of drivers' licenses, so as to change the provisions relating to instruction permits and temporary li censes; to change the provisions relating to who may apply for such instruction permits or temporary licenses. Referred to Committee on Public Safety.
SR 414. By Senators Guhl of the 45th and McGuire of the 30th:
A resolution proposing an amendment to the Constitution so as to provide for a four-term limitation for members of the General Assembly; to provide for an ex ception; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Judiciary.
SR 426. By Senator Bowen of the 13th:
A resolution recognizing the Georgia State Cotton Museum and Dooly County Welcome Center as the state's official Cotton Museum. Referred to Committee on Agriculture.
SR 427. By Senators Newbill of the 56th and Clay of the 37th:
A resolution proposing an amendment to the Constitution so as to provide for the management and control over schools which do not achieve a minimum pass ing level of 50 percent of the eligible students having taken the examination re quired for graduation to be acquired by the state, an institution of higher educa tion, or a private educational enterprise, at the discretion of the Governor; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Education.
SR 429. By Senators Clay of the 37th, Edge of the 28th, Ralston of the 51st and others:
A resolution proposing an amendment to the Constitution so as to provide that vacancies in the state, superior, and appellate courts shall be filled by the Gover nor subject to confirmation by a majority vote of the Senate; to provide for sub mission of this amendment for ratification or rejection. Referred to Committee on Judiciary.
SR 430. By Senators Crotts of the 17th, Ragan of the 32nd, McGuire of the 30th and others:
A resolution amending the Rules of the Senate. Referred to Committee on Rules.

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The following bills of the House were read the first time and referred to committees:
HB 158. By Representatives Floyd of the 138th and Cummings of the 27th:
A bill to amend Code Section 47-2-96 of the Official Code of Georgia Annotated, relating to certain creditable service under the Employees' Retirement System of Georgia, so as to authorize creditable service for certain active duty military service. Referred to Committee on Retirement.
HB 437. By Representatives Purcell of the 147th, Walker of the 141st, Godbee of the 145th and others:
A bill to amend Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters, so as to remove certain types of identification or documentation that may be used to provide identification for registering to vote. Referred to Committee on Judiciary.
HB 500. By Representatives Buck of the 135th and Floyd of the 138th:
A bill to amend Code Section 47-16-41 of the Official Code of Georgia Annotated, relating to delayed application for membership in the Sheriffs' Retirement Fund of Georgia, so as to provide that a sheriff who was a member of such fund and subsequently ceased being a member may, upon again becoming a sheriff, apply for membership. Referred to Committee on Retirement.
HB 674. By Representative Groover of the 125th: A bill to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, known as the "Hospital Authorities Law," so as to provide that cer tain real property owned by a hospital authority shall be subject to state, county, and municipal ad valorem taxation; to provide that certain real property ac quired by a hospital authority shall be subject to all local zoning regulations.
Referred to Committee on Finance and Public Utilities.
HB 959. By Representative Reaves of the 178th:
A bill to amend Code Section 47-2-312 of the Official Code of Georgia Annotated, relating to membership in the Employees' Retirement System of Georgia for em ployees of agricultural commodity commissions, so as to provide that certain such employees may obtain creditable service for certain prior service with such commissions. Referred to Committee on Retirement.
HB 1179. By Representative Lane of the 55th:
A bill to amend Code Section 36-42-4 of the Official Code of Georgia Annotated, relating to Downtown Development Authority directors, so as to change the length of the term of the directors of such authorities. Referred to Committee on Urban and County Affairs (General).
HB 1180. By Representative Lane of the 55th:
A bill to amend Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing authorities, so as to permit at least one elected official of the appointing political subdivision to serve as a commissioner of the housing authority. Referred to Committee on Urban and County Affairs (General).

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HB 1182. By Representative Lane of the 55th:
A bill 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 certain pro visions regarding the employment of nonmembers by nonprofit organizations to conduct bingo games on behalf of such organizations. Referred to Committee on Economic Development, Tourism and Cultural Affairs.
HB 1183. By Representative Lane of the 55th:
A bill to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against the public health and morals, so as to change the definition of recreational bingo; to authorize nonprofit organizations who are li censed to operate bingo games to operate recreational games. Referred to Committee on Economic Development, Tourism and Cultural Affairs.
HB 1193. By Representatives Watson of the 139th, Skipper of the 137th, Johnston of the 81st and others:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-volt age contractors, and utility contractors, so as to change the provisions relating to the licensing of utility contractors. Referred to Committee on Science, Technology and Industry.
HB 1208. By Representatives Thomas of the 100th, Bostick of the 165th, Chambless of the 163rd and Hammond of the 32nd:
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. Referred to Committee on Judiciary.
HB 1218. By Representatives Thomas of the 100th, Bostick of the 165th and Chambless of the 163rd:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in Title 47 of the Official Code of Georgia Annotated, and in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated. Referred to Committee on Judiciary.
HB 1219. By Representatives Thomas of the 100th, Bostick of the 165th, Chambless of the 163rd and Hammond of the 32nd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated, and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated. Referred to Committee on Judiciary.
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Appropriations has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:

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HB 1296.

Do pass by substitute. Respectfully submitted, Senator Hooks of the 14th District, Chairman

Mr. President:

The Committee on Governmental Operations has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
HB 171. Do pass. SB 127. Do pass by substitute.
Respectfully submitted,
Senator Alien of the 2nd District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bills of the Sen ate and has instructed me to report the same back to the Senate with the following recommendations:
SB 411. Do pass by substitute. SB 420. Do pass.
Respectfully submitted,
Senator Oliver of the 42nd District, Chairman

Mr. President:

The Committee on Natural Resources has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 463. Do pass as amended.
Respectfully submitted,
Senator Gillis of the 20th District, Chairman

Mr. President:

The Committee on Public Safety has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 409. Do pass. SB 416. Do pass.
Respectfully submitted,
Senator Bowen of the 13th District, Chairman

Mr. President:

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

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SB 50. Do pass. SB 439. Do pass by substitute. SB 457. Do pass.

HB 71. Do pass by substitute. HB 72. Do pass.

Respectfully submitted,

Senator Egan of the 40th District, Chairman

Mr. President:

The Committee on Youth, Aging and Human Ecology has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 471. Do pass. SB 492. Do pass.
Respectfully submitted,
Senator Marable of the 52nd District, Chairman

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

SB 82

HB 495

SB 253

HB 498

SB 413

HB 499

SB 425

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

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

Gillis Glanton Gochenour Guhl Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable McGuire 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 answering were Senators Abernathy and Walker.

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Hemmer of the 49th introduced the chaplain of the day, Dr. John Lee Taylor,

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pastor of First Baptist Church, Gainesville, Georgia, who offered scripture reading and prayer.
The following resolutions were read and adopted:
SR 428. By Senators Walker of the 22nd, Cheeks of the 23rd and Pollard of the 24th: A resolution recognizing Julius S. Scott, Jr., Ph. D.
SR 431. By Senator Kemp of the 3rd: A resolution commending Robert Drew Barnes on achieving the rank of Eagle Scout.
SR 432. By Senator Kemp of the 3rd: A resolution commending Ryan Burchett on achieving the rank of Eagle Scout.
SR 433. By Senator Kemp of the 3rd: A resolution commending David King on achieving the rank of Eagle Scout.
SR 434. By Senator Kemp of the 3rd: A resolution commending Camron Owens on achieving the rank of Eagle Scout.
SR 435. By Senator Kemp of the 3rd: A resolution commending Mathew Benasuly on achieving the rank of Eagle Scout.
SR 436. By Senator Kemp of the 3rd: A resolution commending Danny Coty on achieving the rank of Eagle Scout.
SR 437. By Senator Parrish of the 43rd: A resolution recognizing Gregory Baranco, II.
SR 438. By Senators Harbison of the 15th and Robinson of the 16th: A resolution commending Mr. Darrion Mitchell.
SR 439. By Senators Harbison of the 15th, Robinson of the 16th and Crotts of the 17th: A resolution commending the Georgia National Guard, declaring Georgia Na tional Guard Day and inviting Major General William P. Bland to appear before the Senate.
SR 440. By Senators Robinson of the 16th, Ray of the 19th, Broun of the 46th and others: A resolution demanding responsibility in public television programming.
SR 441. By Senators Robinson of the 16th and Harbison of the 15th: A resolution commending Gerry Bosch.
The President introduced the Honorable Bill Campbell, Mayor of Atlanta, who briefly addressed the Senate.
Senator Egan of the 40th introduced the doctor of the day, Dr. Arthur Feinstein, of Atlanta.

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SENATE CALENDAR Tuesday, January 25, 1994 SEVENTH LEGISLATIVE DAY SB 415 Chatham County Convention and Trade Center--Department of Industry and Trade construct (EDT&C--1st) SB 451 Nation-Wide Reciprocal Banking--relating to (Substitute) (B&FI--8th) HB 286 Fireworks--storage by those conducting displays (ST&I--50th) Twiggs--8th
The following general bills were read the third time and put upon their passage:

SB 415. By Senators Coleman of the 1st, Taylor of the 12th, Brown of the 26th and others:
A bill to amend Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Industry, Trade, and Tourism, so as to provide that the department may undertake the acquisition, construction, and operation of a convention and trade center in Chatham County, Georgia, and may contract with the City of Savannah, Chatham County, and local authorities for the con struction and operation of the convention and trade center.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

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

Gillis Gochenour Guhl Harbison Hemmer Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable McGuire Middleton 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 Baugh

Glanton Henson

Newbill

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

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

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SB 451. By Senators Turner of the 8th, Broun of the 46th, Starr of the 44th and others:
A bill to amend Part 19 of Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to regional interstate banking, so as to provide a unified and orderly method for permitting nation-wide reciprocal banking; to re vise definitions and references; to provide for acquisitions by Georgia banks or bank holding companies and out-of-state banks and bank holding companies re quiring the approval of the commissioner of banking and finance.
The Senate Banking and Financial Institutions Committee offered the following substi tute to SB 451:
A BILL
To be entitled an Act to amend Part 19 of Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to regional interstate banking, so as to provide a unified and orderly method for permitting nation-wide reciprocal banking; to revise defini tions and references; to provide for acquisitions by Georgia banks or bank holding compa nies and out-of-state banks and bank holding companies requiring the approval of the com missioner of banking and finance; to authorize an out-of-state bank holding company having a Georgia bank subsidiary, a Georgia bank, or a Georgia bank holding company to engage in certain acquisitions without the approval of the commissioner of banking and finance under certain conditions; to provide for notice to the Department of Banking and Finance; to re vise prohibitions relative to certain acquisitions; to provide for legislative intent and con struction; 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. Part 19 of Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to regional interstate banking, is amended by striking Code Section 7-1620, relating to definitions used in such part, and inserting in lieu thereof a new Code Sec tion 7-1-620 to read as follows:
"7-1-620. As used in this part, the term:
(1) 'Acquire,' as applied to a bank holding company, means any of the following actions or transactions:
(A) The merger or consolidation with another bank holding company;
(B) The acquisition of the direct or indirect ownership or control of voting shares of another bank holding company or bank if, after such acquisition, such bank holding com pany will directly or indirectly own or control more than 5 percent of any class of voting shares of such bank holding company or bank;
(C) The direct or indirect acquisition of all or substantially all of the assets of another bank holding company or bank; or
(D) The taking of any other action that would result in the direct or indirect control of another bank holding company or bank.
(2) 'Bank' means any insured institution as such term is defined in Section 3(h) of the Federal Deposit Insurance Act, 12 U.S.C. Section 1813(h), or any institution eligible to be come an insured institution as such term is defined therein, which, in either event:
(A) Accepts deposits that the depositor has a legal right to withdraw on demand; and
(B) Engages in the business of making commercial loans.
(3) 'Banking office' means any parent bank, branch bank, or bank office as such terms

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are defined in Code Section 7-1-600, or any other office at which a bank accepts deposits. The term banking office shall not include, however, the following:
(A) Unmanned automatic teller machines, point-of-sale terminals, or other similar un manned electronic banking facilities at which deposits may be accepted;
(B) Offices located outside the United States; or
(C) Loan production offices, representative offices, or other offices at which deposits are not accepted.
(4) 'Bank holding company' means any company which is either a bank holding com pany under either Code Section 7-1-605 or Section 2(a) of the federal Bank Holding Com pany Act of 1956, as amended, 12 U.S.C. Section 1841(a).
(5) 'Control' means that which is set forth either in Code Section 7-1-605 or Section 2 of the federal Bank Holding Company Act of 1956, as amended, 12 U.S.C. Section 1841.
(6) 'Deposits' means, with respect to a bank, all demand, time, and savings deposits of individuals, partnerships, corporations, the United States government, and states and politi cal subdivisions in the United States. Determinations of deposits shall be made by reference to regulatory reports of condition or similar reports filed by such bank with state or federal regulatory authorities.
(7) 'Georgia bank' means a bank organized under the laws of this state or of the United States and, in either event, having banking offices located only in this state.
(8) 'Georgia bank holding company' means a bank holding company that:
(A) Has its principal place of business in the State of Georgia; and
(B) Haa total dcpoaita of ita Southern Region bank subsidiaries and Georgia bank sub sidiaries exceeding--80 percent of the total deposits of all bank subsidiaries of such bank holding company other than thoac bank subsidiaries held under subsection (a) of Code Sec tion 7 1 622; and
{} (B) Is not controlled by a bank holding company other than a Georgia bank holding company.
(9) 'Out-of-state bank' means a bank other than a Georgia bank.
(10) 'Out-pf-state bank holding company' means a bank holding company other than a Georgia bank holding company!
W (11) 'Principal place of business' of a bank holding company means the state in which the aggregate deposits of the bank subsidiaries of such bank holding company are the largest.
(10) 'Southern Region bank' means a bank other than a Georgia bank organized under the lawa of one of the Southern Region states or of the United Statea and, in either event, having banking offices only in the Southern Region states.
(11) 'Southern Region bank holding company' means a bank holding company that;
(A) Has its principal place of buaincaa in a Southern Region atatc other than the State of Georgia;
(B) Has total deposits of its Southern Region bank subsidiaries and Georgia bank sub sidiaries exceeding 80 percent of the total dcpoaita of all bank subsidiaries of auch bank holding company other than those bank subsidiaries held under subsection (a) of Code Sec tion 7-1-622; and
(C) Is not controlled by a bank holding company other than a Southern Region bank holding company.
(12) 'Southern Region states' means the States of Alabama, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, North Carolina, South Carolina, Tennessee, Virginia, and the Diatfict of Columbia, which fof the purposes of this chapter shall be conaidcrcd a state.

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(12) 'Subsidiary' means that which is set forth either in Code Section 7-1-605 or Section 2 of the federal Bank Holding Company Act of 1956, as amended, 12 U.S.C. Section 1841."
Section 2. Said part is further amended by striking Code Section 7-1-621, relating to the scope of such part, and inserting in lieu thereof a new Code Section 7-1-621 to read as follows:
"7-1-621. (a) Upon compliance with the provisions of Code Section 7-1-606, which pro visions shall be expressly applicable to any such acquisition, and subject to the qualifica tions of subsections (c) and (d) below:
(1) A Georgia bank holding company may acquire another Georgia bank holding com pany or Georgia bank;
(2) A Georgia bank holding company may acquire a Southern Region an out-of-state bank holding company or a Southern Region an out-of-state bank;
(3) A Southern Region An out-of-state bank holding company may acquire a Georgia bank holding company or a Georgia bank; and
(4) A Southern Region An out-of-state bank holding company may acquire a Southern Region an out-of-state bank holding company having a Georgia bank subsidiary; provided, however, that the commissioner must rule on any application to him seeking approval to engage in a transaction under this paragraph {4} not later than 90 days following the date of submission of a completed application to him the commissioner seeking approval of such transaction. If the commissioner fails to rule on the application within the requisite 90 day period, the proposed transaction shall stand approved.
(b) A Southern Region An out-of-state bank holding company having a Georgia bank subsidiary may acquire a Southern RcgteR an out-of-state bank holding company that does not have a Georgia bank subsidiary or may acquire a Southern Region an out-of-state bank. Such Southern Region out-of-state bank holding company shall notify the department at least 30 days prior to the consummation of the proposed transaction. The notification re quirements of this subsection shall be satisfied by furnishing the department with a copy of the application or applications filed with the federal bank regulatory authority or authori ties seeking approval for the proposed transaction or such other information as the depart ment shall request.
(c) The commissioner shall not approve any application by a Southern Region an outof-state bank holding company not having a Georgia bank subsidiary, other than a Georgia bank acquired pursuant to Code Section 7-1-622, to acquire either a Georgia bank holding company, a Georgia bank, or a Southern Region an out-of-state bank holding company hav ing a Georgia bank subsidiary unless, in the Southern Region state where the Southern Region out-of-state bank holding company seeking to engage in an acquisition under subsec tion (a) or (b) of this Code section has its principal place of business, the laws governing the acquisition of banks or bank holding companies in such state by bank holding companies having their principal place of business outside such state, that do not otherwise apply to acquisitions of banks or bank holding companies in such state by bank holding companies in such state, expressly would permit a Georgia bank holding company controlling only a Geor gia bank to acquire:
(1) The Southern Region out-of-state bank holding company seeking to make the pro posed acquisition; and
(2) The Georgia bank holding company, Georgia bank, or Georgia bank subsidiary of the Southern Region out-of-state bank holding company proposed to be acquired if the principal place of business of such Georgia bank holding company or the offices of such Georgia bank were in such state.
(d) Notwithstanding anything contained in subsection (a) or (b) of this Code section, no Georgia bank holding company or Southern Region out-of-state bank holding company may:

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(1) Utilize the provisions of subsection (a) of Code Section 7-1-606 to operate branches of a single bank both in this state and in any other state; or
(2) Directly or indirectly acquire a Georgia bank unless such bank has been in existence and continuously operated as a bank for a period of five years or more prior to the date of application to the commissioner for approval of such acquisition. Notwithstanding the fore going, nothing shall prohibit a Southern Region an out-of-state bank holding company from acquiring all or substantially all of the shares of a Georgia bank organized solely for the purpose of facilitating the acquisition of a bank which has been in existence and continu ously operated as a bank for the requisite five-year period."
Section 3. Said part is further amended by striking Code Section 7-1-622, relating to acquisitions not requiring approval, and inserting in lieu thereof a new Code Section 7-1-622 to read as follows:
"7-1-622. (a) A Southern Region bank, a Southern Region bank holding company, a Georgia bank, or a Georgia bank holding company may acquire or control, and shall not cease to be a Southern Region bank, Southern Region bank holding company, Georgia bank, or Georgia bank holding company, respectively, by virtue of ita acquiaition or control of the inatitutiona described in paragraphs (1) through (8) below As long as it notifies the depart ment not less than 30 days following the consummation of the transaction, an out-of-state bank holding company having a Georgia bank subsidiary, a Georgia bank, or a Georgia bank holding company may engage in the transactions described in paragraphs (1), (2), and (3) below without the necessity of complying with Code Section 7-1-621:
(1) A The acquisition of a bank having banking offices in a state other than a Southern Region state Georgia, if such acquisition has been consummated pursuant to the provisions of Section 116 or 128 of the Cam St Gcrmain Depository Inatitution9 Act of 1082, 12 U.S.C. Seetien 1828(f) or 173Qa{m) with assistance from the Federal Deposit Insurance Corporation under Section 13(c) of the Federal Deposit Insurance Act, as amended, 12 U.S.C. Section 1823(c);
(2) A The acquisition of an out-of-state bank having banking offices in a state other than a Southern Region state, if such acquisition has been consummated in the regular course of securing or collecting a debt previously contracted in good faith, as provided in and subject to the requirements of Section 3(a) of the federal Bank Holding Company Act of 1956, as amended, 12 U.S.C. Section 1842(a), if the bank or bank holding company di vests the securities or assets acquired within two ycaro of the date of acquiaition. A Georgia bank holding company or Georgia bank, or a Southern Region bank holding company con trolling a Georgia bank, may retain such intcrcats for up to three additional pcrioda of one year each if the commissioner detcrminca that the required divestiture would create undue financial difficulties for auch bank or bank holding company; or
(3) A The acquisition of a bank organized under the laws of the United States or of any state and operating under Section 25 or Section 25(a) of the Federal Reserve Act, as amended, 12 U.S.C. Section 601 or Sections 611 through 631, or a bank or bank holding company organized under the laws of a foreign country that is principally engaged in busi ness outside the United States and which either has no banking office in the United States or has banking offices in the United States that are engaged only in business activities per missible for a bank operating under Section 25 or 25(a) of the Federal Reserve Act, as amended, 12 U.S.C. Section 601 or Sections 611 through 631.
(b) A Georgia bank holding company or a Southern Region bank holding company hav ing a Georgia bank nubridioiy may alao acquire a bank or bank holding company other than as expressly pcrmioaiblc under Code Section 7-1-621 or subsection (a) of this Code section fef-se-long as; An out-of-state bank or out-of-state bank holding company may engage in the acquisition of a Georgia bank if such acquisition has been consummated in the regular course of securing or collecting a debt previously contracted in good faith, as provided in and subject to the requirements of Section 3(a) of the federal Bank Holding Company Act of 1956, as amended, 12 U.S.C. Section 1842(a); provided, however, that the out-of-state

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bank or out-of-state bank holding company must divest the securities or assets acquired within two years of the date of acquisition. The department may, in its discretion, permit the out-of-state bank or out-of-state bank holding company to retain such interest for up to three additional periods of one year eacIT
(1) Immediately following the acquisition, the Georgia bank holding company or South cm Region bank holding company continues to qualify as such under the definitional testa provided in paragraph (8) or (11) of Code Section 7-1-620; and
(2) The Georgia bank holding company or Southern Region bank holding company complicQ with the requirements of subsection (a) or (b) of Code Section 7-1-621, as appro priate, which subsections shall be cxprcaaly applicable to any such acquisition."
Section 4. Said part is further amended by striking Code Section 7-1-623, relating to prohibited acquisitions, and inserting in lieu thereof a new Code Section 7-1-623 to read as follows:
"7-1-623. (a) Except aa specifically permitted under Code Section 7-1 622, no Georgia bank holding company or Southern Region bank holding company having a Georgia bank subsidiary may acquire a bank holding company which is not cither a Georgia bank holding company or n Southern Region bank holding company or a bank which is not cither a Geor gia bank or a Southern Region bank.
{b} (a) Except as expressly permitted under Code Section 7-1-621 or 7-1-622 or by fed eral law, no out-of-state bank holding which ia not cither n Georgia bank holding company or a 8outhcrn~Rcgion bank holding company may acquire a Georgia bank holding company, a Georgia bank, or a Southern Region an out-of-state bank holding company controlling a Georgia bank.
{e} (b) In the event any bank holding company makes an acquisition that is prohibited by this Ijart, the commissioner shall require such bank holding company to divest itself immediately of its direct or indirect ownership or control of any Georgia banks. In addition, the commissioner shall have the power to enforce any other prohibitions in this part by requiring divestitures of nonconforming banks, bank holding companies, or assets, through the imposition of fines and penalties or through the exercise of such other remedies as are provided in this chapter, including but not limited to judicial actions."
Section 5. Said part is further amended by striking subsection (a) of Code Section 7-1624. relating to the applicability of Code Section 7-1-607 and the operation of Georgia bank subsidiaries by foreign corporations, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Any Georgia bank holding company and any Southern Region out-of-state bank holding company controlling a Georgia bank shall be subject to the provisions of Code Sec tion 7-1-607 and the rules and regulations of the department applicable to bank holding companies.
Section 6. Said part is further amended by striking subsection (a) of Code Section 7-1625. relating to severability and construction, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) It is the express intention of the Georgia legislature to provide a unified and or derly method of permitting limited interstate banking on a regional baais. Thus, if any pro vision of this part establishing the regional framework within which interstate banking may occur, providing for approval and supervisory powers of the department and the commis sioner, or limiting expansion into this state to bank holding companies located in states satisfying the requirements of subsection (c) of Code Section 7-1-621 of this part is deter mined by final, nonappealable order of any Georgia or federal court of competent jurisdic tion to be invalid or unconstitutional, this entire part shall be null and void and of no further force and effect from the effective date of such final determination."
Section 7. All laws and parts of laws in conflict with this Act are repealed.

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147

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:

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 Guhl Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable McGuire 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 and Langford of 35th.

On the passage of the bill, the yeas were 54, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute.

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.
Senate Sponsor: Senator Middleton of the 50th.

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

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

Those voting in the affirmative were Senators:

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

Cheeks Clay Coleman Crotts Day Dean Edge Egan Farrow

Gillis Glanton Gochenour Guhl Harbison Hemmer Hill Hooks Huggins

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JOURNAL OF THE SENATE

Isakson Kemp Langford of 29th
MM^caaGrdadub,eil,rnee Middleton Newbill Parrish

Perdue Pollard Ragan of nth
.RR.. aalgfs.atnonof 32nd Ray Robinson Scott

Slotin Starr Taylor
TT,,,hhoommpasson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Henson

Langford of 35th

Oliver

On the passage of the bill, the yeas were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

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

HB 1289. By Representative McKinney of the 51st:
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; and for other purposes".

HB 1320. By Representatives Smith of the 109th and Jenkins of the 110th:
A bill to amend an Act providing for the election of members of the Board of Education of Lamar County, so as to provide that primaries and elections for the members of the board shall be nonpartisan.

HB 1323. By Representatives Mosley of the 171st and Byrd of the 170th: A bill to provide for the Board of Education of Wayne County.

HB 1324. By Representatives Mosley of the 171st and Byrd of the 170th:
A bill to amend an Act creating the Board of Commissioners of Wayne County, so as to change the provisions relating to the election of members of the board of commissioners; to change the commissioner districts.

HB 1348. By Representatives Watts of the 26th and Murphy of the 18th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Paulding County during designated re gistration periods as provided in Code Section 40-2-21 of the Official Code of Georgia Annotated.

HB 1349. By Representatives Watts of the 26th and Murphy of the 18th:
A bill to amend an Act providing a new charter for the City of Dallas in Paulding County, so as to deannex and remove certain territory from the corporate limits of the city.

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149

HB 1370. By Representative Yates of the 106th:
A bill to amend an Act creating the Board of Commissioners of Spalding County, so as to redesignate and describe the commissioner districts in Spalding County.
Senator Baugh of the 25th introduced the Greene County Taliaferro Tigers Football Team, having been commended by SR 412, adopted previously, as 1993 winners of the State AA Football Championship, and Head Coach Charles Winshett, who briefly addressed the Senate.
Senator Tysinger of the 41st introduced the Dunwoody High School Football Team, having been commended by SR 393, adopted previously, as 1993 winners of the State AAAA Football Championship, Head Coach David Kelly and Principal Ms. Springer, who briefly addressed the Senate.
Senator Ray of the 19th moved that the Senate adjourn until 10:00 A.M. tomorrow; the motion prevailed, and the President announced the Senate adjourned at 11:49 A.M.

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Senate Chamber, Atlanta, Georgia Wednesday, January 26, 1994 Eighth Legislative Day
The Senate met pursuant to adjournment at 10:00 A.M. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 192. By Representatives Cummings of the 27th and Thomas of the 100th:
A bill to amend Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership of employees of certain state au thorities and commissions in the Employee's Retirement System of Georgia, so as to provide that employees of the Georgia Indigent Defense Council shall be mem bers of such system.
HB 565. By Representatives Dover of the 9th, Royal of the 164th, Skipper of the 137th and Harris of the 112th:
A bill to amend Code Section 48-4-42 of the Official Code of Georgia Annotated, relating to the amount paid for redemption of property from the sale of such property for taxes, so as to change the amount required to be paid when a county, municipality, or other political subdivision purchases property at a tax sale.
HB 567. By Representatives Dover of the 9th, Royal of the 164th, Skipper of the 137th and Harris of the 112th: A bill to amend Code Section 48-5-153 of the Official Code of Georgia Annotated, relating to reports of unpaid taxes by tax collectors and tax commissioners to the state revenue commissioner and to county governing authorities, so as to change the date of the final settlement period.
HB 804. By Representative Buckner of the 95th:
A bill to amend Article 6 of Chapter 13 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits and other benefits under the District Attorneys' Retirement System, so as to provide for increased benefits for mem bers retiring with more than 16 years of service.
HB 807. By Representatives Buckner of the 95th, Lee of the 94th, Bailey of the 93rd and Benefield of the 96th: A bill to amend Code Section 47-2-96 of the Official Code of Georgia Annotated, relating to prior service credit under the Employees' Retirement System of Geor gia, so as to provide that certain employees of county hospital authorities who were transferred to state service by operation of law or by the action of a state

WEDNESDAY, JANUARY 26, 1994

151

agency shall be entitled to receive prior service credit for service rendered to such hospital authority.
HB 897. By Representatives Holmes of the 53rd, Canty of the 52nd, Kinnamon of the 4th, Chandler of the 99th, Hembree of the 98th and others:
A bill to amend Article 5 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to the presidential preference primary, so as to change cer tain provisions regarding the date on which such primary is to be conducted.
HB 1020. By Representatives Cauthorn of the 35th, Cummings of the 27th, Watts of the 26th, Bostick of the 165th, Barnes of the 33rd and others:
A bill to amend Code Section 47-10-65 of the Official Code of Georgia Annotated, relating to contributions for spouses' benefits under the Trial Judges and Solici tors Retirement Fund, so as to change the number of years a member must make contributions for spouses' benefits.
HB 1188. By Representatives Walker of the 141st and Groover of the 125th:
A bill to amend Code Section 5-6-46 of the Official Code of Georgia Annotated, relating to operation of notice of appeal as supersedeas in civil cases, so as to provide that the trial court may fix a supersedeas bond after a case is docketed with the appellate courts.
HB 1189. By Representatives Walker of the 141st and Groover of the 125th:
A bill to amend Article 2 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to appellate practice in appellate court, so as to provide a uniform time frame within which both applications for interlocutory and discre tionary appeals will be decided.
HB 1191. By Representatives Walker of the 141st, Watson of the 139th, Ray of the 128th and Floyd of the 138th:
A bill to amend Part 8 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Georgia Agricultural Exposition Authority, so as to change provisions relating to venue and jurisdiction over legal actions in volving the authority.
HB 1344. By Representatives Greene of the 158th, Coleman of the 142nd, Stanley of the 50th, Pinholster of the 15th, Floyd of the 138th and others:
A bill to amend Part 1 of Article 3 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to leaf tobacco sales and storage, so as to repeal the provisions relating to maximum charges for handling and selling leaf tobacco by warehousemen.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 519. By Senator Alien of the 2nd:
A bill to amend Chapter 9 of Title 43 of the Official Code of Georgia Annotated, relating to the licensing of chiropractors, so as to change the provisions relating to definitions; to provide for legislative intent; to change the provisions regarding the composition, appointment, and approval of the Georgia Board of Chiroprac tic Examiners; to change the provisions regarding statutory construction; to change certain penalties; to provide for effective dates. Referred to Committee on Health and Human Services.

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SB 520. By Senators Gochenour of the 27th, McGuire of the 30th, Langford of the 29th and others:
A bill to amend Code Section 40-6-393 of the Official Code of Georgia Annotated, relating to homicide by vehicle, so as to increase the penalty for homicide by vehicle resulting from driving under the influence of alcohol or drugs. Referred to Committee on Judiciary.
SB 521. By Senators Burton of the 5th, Ragan of the llth, Marable of the 52nd and others:
A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to provide for findings of the General Assembly; to create the Office of Sensory Affairs; to provide for a director and such official's appointment and powers and duties; to provide for recommendations and an an nual report. Referred to Committee on Youth, Aging and Human Ecology.
SB 522. By Senators Harbison of the 15th, Brown of the 26th and Langford of the 35th:
A bill to amend Chapter 3 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labelling, and adulteration of drugs and cosmetics, so as to amend a short title; to provide for a free market health system; to provide for a short title; to provide for legislative intent; to provide for certain definitions; to provide for treble damages; to provide for civil penalties. Referred to Committee on Health and Human Services.
SB 523. By Senator Henson of the 55th:
A bill to amend Code Section 20-3-411 of the Official Code of Georgia Annotated, relating to definitions regarding tuition equalization grants, so as to change the definition of "approved school"; to include a qualified proprietary institution of higher education located in the state. Referred to Committee on Higher Education.
SB 524. By Senators Clay of the 37th, Thompson of the 33rd, Ragan of the 32nd and Isakson of the 21st:
A bill to amend an Act entitled "An Act to create a court to be known as the 'Civil and Criminal Court of Cobb County,' " as amended, so as to redesignate the solicitor and assistant solicitors of said court as solicitor general and assistant solicitors general. Referred to Committee on Urban and County Affairs.
SB 525. By Senators Dean of the 31st, Broun of the 46th and Brown of the 26th:
A bill to amend Code Section 12-3-524 of the Official Code of Georgia Annotated, relating to the general powers of the Georgia Music Hall of Fame Authority, so as to authorize the authority to incorporate one or more nonprofit corporations as subsidiary corporations of the authority for the purpose of carrying out any of the powers of the authority and to accomplish any of the purposes of the authority. Referred to Committee on Economic Development, Tourism and Cultural Affairs.
SB 526. By Senators Cheeks of the 23rd, Marable of the 52nd and Langford of the 35th:
A bill to amend Code Section 20-2-211 of the Official Code of Georgia Annotated, relating to annual contracts of teachers, principals, and other certificated profes sional personnel, so as to require fingerprinting and criminal record checks

WEDNESDAY, JANUARY 26, 1994

153

through the Georgia Crime Information Center and the National Crime Informa tion Center of all persons employed for the first time by local units of adminis tration as teachers, principals, or other certificated professional personnel; to provide that the cost of obtaining fingerprint and criminal records checks shall be borne by the person seeking employment; to provide for practices and procedures. Referred to Committee on Education.
SB 527. By Senators Gillis of the 20th, Huggins of the 53rd, Farrow of the 54th and others:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to Game and Fish, so as to change the definition of game fish; to change the creel and possession limits for certain fish; to change the list of streams declared to be artificial-lure streams; to change the waters in which live bait may be used; to provide an effective date.
Referred to Committee on Natural Resources.
SB 528. By Senators Ragan of the 32nd and Harbison of the 15th:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to special and distinctive license plates, so as to provide that members of the National Guard and the reserve components of the United States armed forces shall be eligible to retain their special license plates after retire ment; to define certain terms; to provide for clarification; to provide for editorial revisions. Referred to Committee on Defense and Veterans Affairs.
SB 529. By Senators Marable of the 52nd, Ray of the 19th and Robinson of the 16th:
A bill to amend Code Section 20-2-167 of the Official Code of Georgia Annotated, relating to funding for direct instructional costs, media center costs, and staff development costs generally, so as to provide for a minimum spending require ment for direct instructional costs; to provide for a minimum spending require ment for media center costs. Referred to Committee on Education.
SB 530. By Senators Marable of the 52nd, Dean of the 31st, Henson of the 55th and others:
A bill to amend Code Section 25-2-40 of the Official Code of Georgia Annotated, relating to smoke detectors in new dwellings, so as to provide that all dwellings, dwelling units, houses, condominiums, townhouses, motels, hotels, and dormito ries shall have installed smoke detectors in good working order. Referred to Committee on Consumer Affairs.
SB 531. By Senators Marable of the 52nd, Ray of the 19th, Robinson of the 16th and others:
A bill to amend Code Section 20-2-218 of the Official Code of Georgia Annotated, relating to duty-free lunch periods generally, so as to provide for the applicability of duty-free lunch to grades K through 12. Referred to Committee on Education.
SB 532. By Senator Abernathy of the 38th:
A bill to amend Article 21 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to a silent prayer or meditation period in public schools, so

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as to provide for a five-minute period of silent reflection or meditation at the opening of each school day. Referred to Committee on Education.
SR 444. By Senators Walker of the 22nd and Madden of the 47th:
A resolution recommending that health care benefit plans in this state include coverage for all prescription drugs. Referred to Committee on Health and Human Services.
SR 445. By Senators Guhl of the 45th and Gochenour of the 27th:
A resolution proposing an amendment to the Constitution so as to abolish the State Board of Pardons and Paroles; to provide that the authority to pardon or parole shall be vested in the superior court which imposed the original sentence; to provide an effective date; to provide for submission of this amendment for ratification or rejection. Referred to Committee on Corrections.
The following bills of the House were read the first time and referred to committees:
HB 192. By Representatives Cummings of the 27th and Thomas of the 100th:
A bill to amend Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership of employees of certain state au thorities and commissions in the Employee's Retirement System of Georgia, so as to provide that employees of the Georgia Indigent Defense Council shall be mem bers of such system. Referred to Committee on Retirement.
HB 565. By Representatives Dover of the 9th, Royal of the 164th, Skipper of the 137th and Harris of the 112th:
A bill to amend Code Section 48-4-42 of the Official Code of Georgia Annotated, relating to the amount paid for redemption of property from the sale of such property for taxes, so as to change the amount required to be paid when a county, municipality, or other political subdivision purchases property at a tax sale. Referred to Committee on Finance and Public Utilities.
HB 567. By Representatives Dover of the 9th, Royal of the 164th, Skipper of the 137th and Harris of the 112th:
A bill to amend Code Section 48-5-153 of the Official Code of Georgia Annotated, relating to reports of unpaid taxes by tax collectors and tax commissioners to the state revenue commissioner and to county governing authorities, so as to change the date of the final settlement period. Referred to Committee on Finance and Public Utilities.
HB 804. By Representative Buckner of the 95th:
A bill to amend Article 6 of Chapter 13 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits and other benefits under the District Attorneys' Retirement System, so as to provide for increased benefits for mem bers retiring with more than 16 years of service. Referred to Committee on Retirement.

WEDNESDAY, JANUARY 26, 1994

155

HB 807. By Representatives Buckner of the 95th, Lee of the 94th, Bailey of the 93rd and Benefield of the 96th:
A bill to amend Code Section 47-2-96 of the Official Code of Georgia Annotated, relating to prior service credit under the Employees' Retirement System of Geor gia, so as to provide that certain employees of county hospital authorities who were transferred to state service by operation of law or by the action of a state agency shall be entitled to receive prior service credit for service rendered to such hospital authority. Referred to Committee on Retirement.
HB 897. By Representatives Holmes of the 53rd, Canty of the 52nd, Kinnamon of the 4th and others:
A bill to amend Article 5 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to the presidential preference primary, so as to change cer tain provisions regarding the date on which such primary is to be conducted. Referred to Committee on Ethics.
HB 1020. By Representatives Cauthorn of the 35th, Cummings of the 27th, Watts of the 26th and others:
A bill to amend Code Section 47-10-65 of the Official Code of Georgia Annotated, relating to contributions for spouses' benefits under the Trial Judges and Solici tors Retirement Fund, so as to change the number of years a member must make contributions for spouses' benefits. Referred to Committee on Retirement.
HB 1188. By Representatives Walker of the 141st and Groover of the 125th:
A bill to amend Code Section 5-6-46 of the Official Code of Georgia Annotated, relating to operation of notice of appeal as supersedeas in civil cases, so as to provide that the trial court may fix a supersedeas bond after a case is dockated with the appellate courts. Referred to Committee on Special Judiciary.
HB 1189. By Representatives Walker of the 141st and Groover of the 125th:
A bill to amend Article 2 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to appellate practice in appellate court, so as to provide a uniform time frame within which both applications for interlocutory and discre tionary appeals will be decided. Referred to Committee on Special Judiciary.
HB 1191. By Representatives Walker of the 141st, Watson of the 139th, Ray of the 128th and Floyd of the 138th:
A bill to amend Part 8 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Georgia Agricultural Exposition Authority, so as to change provisions relating to venue and jurisdiction over legal actions in volving the authority. Referred to Committee on Agriculture.
HB 1289. By Representative McKinney of the 51st:
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; and for other purposes". Referred to Committee on Urban and County Affairs (General).

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HB 1344. By Representatives Greene of the 158th, Coleman of the 142nd, Manner of the 159th and others: A bill to amend Part 1 of Article 3 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to leaf tobacco sales and storage, so as to repeal the provisions relating to maximum charges for handling and selling leaf tobacco by warehousemen.
Referred to Committee on Agriculture.
HB 1320. By Representatives Smith of the 109th and Jenkins of the 110th: A bill to amend an Act providing for the election of members of the Board of Education of Lamar County, so as to provide that primaries and elections for the members of the board shall be nonpartisan.
Referred to Committee on Urban and County Affairs.
HB 1323. By Representatives Mosley of the 171st and Byrd of the 170th: A bill to provide for the Board of Education of Wayne County.
Referred to Committee on Urban and County Affairs.
HB 1324. By Representatives Mosley of the 171st and Byrd of the 170th: A bill to amend an Act creating the Board of Commissioners of Wayne County, so as to change the provisions relating to the election of members of the board of commissioners; to change the commissioner districts.
Referred to Committee on Urban and County Affairs.
HB 1348. By Representatives Watts of the 26th and Murphy of the 18th: A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Paulding County during designated re gistration periods as provided in Code Section 40-2-21 of the Official Code of Georgia Annotated.
Referred to Committee on Urban and County Affairs.
HB 1349. By Representatives Watts of the 26th and Murphy of the 18th: A bill to amend an Act providing a new charter for the City of Dallas in Paulding County, so as to deannex and remove certain territory from the corporate limits of the city.
Referred to Committee on Urban and County Affairs.
HB 1370. By Representative Yates of the 106th: A bill to amend an Act creating the Board of Commissioners of Spalding County, so as to redesignate and describe the commissioner districts in Spalding County.
Referred to Committee on Urban and County Affairs.
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on 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 1133. Do pass. HB 1264. Do pass. HB 1275. Do pass.
Respectfully submitted,
Senator Thompson of the 33rd District, Chairman

WEDNESDAY, JANUARY 26, 1994

157

Mr. President:
The Committee on Finance and Public Utilities has had under consideration the follow ing resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SR 407. Do pass.
Respectfully submitted,
Senator Starr of the 44th District, Chairman
Mr. President:
The Committee on Health and Human Services has had under consideration the follow ing bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 401. Do pass. SB 462. Do pass.
Respectfully submitted,
Senator Walker of the 22nd District, Chairman
Mr. President:
The Committee on Insurance and and Labor has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 454. Do pass. SB 485. Do pass. SB 490. Do pass.

Respectfully submitted, Senator Pollard of the 24th District, Chairman

Mr. President:
The Committee on Special Judiciary has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 42. Do pass by substitute. SB 288. Do pass by substitute.
Respectfully submitted, Senator Egan of the 40th District, Chairman
The following bills of the Senate and House were read the second time:

SB 50 SB 409 SB 411 SB 416 SB 420 SB 439

SB 457 SB 463 SB 471 SB 492 HB 1296

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

Balfour Baugh Blitch Boshears
Bowen Broun of 46th Brown of 26th
JTMrt?n ~{1aeeks /C-, oileman p av Dean Edge Egan Farrow Gillis Glanton

Gochenour Guhl Harbison Hemmer
Henson Hill Rooks
Muggins Isakson Kemp*, Langford of 35th Langford of 29th Madden Marable McGuire Middleton Newbill

Those not answering were Senators:

Abernathy Alien

Crotts

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

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Parrish of the 43rd introduced the chaplain of the day, The Reverend William Flippen, pastor of the Greater Piney Grove Baptist Church, Atlanta, Georgia, who offered scripture reading and prayer.
The following resolutions were read and adopted:
SR 442. By Senator Hooks of the 14th: A resolution expressing regret at the passing of Ed McCoy Goddard.
SR 443. By Senators Pollard of the 24th and Cheeks of the 23rd: A resolution commending Evans High School.
SR 446. By Senator Broun of the 46th: A resolution commending and recognizing Mr. George M. Abney.
SR 447. By Senator Ralston of the 51st: A resolution commending Ms. Betty Lee and the members of the Gilmer Garden Club for their enthusiastic and innovative participation in the Georgia Wildflower Project.
SR 448. By Senator Ralston of the 51st: A resolution commending and honoring the Ellijay Apple Marketing Association and its member apple growers.

WEDNESDAY, JANUARY 26, 1994

159

SR 449. By Senators Clay of the 37th, Ragan of the 32nd, Isakson of the 21st and Thompson of the 33rd: A resolution commending and recognizing Miss Laura Merritt, Miss Cobb County of 1994.
SR 450. By Senator Pollard of the 24th: A resolution recognizing the month of May, 1994, as "Motorcycle Awareness and You Month" in Georgia.
SR 451. By Senator Glanton of the 34th: A resolution recognizing Mr. Frank M. Winn on the occasion of his 100th birthday.
SR 452. By Senator Glanton of the 34th: A resolution congratulating Lithia Springs on the re-establishment of the town.
Senator Broun of the 46th introduced Mr. George Abney, having been commended by SR 446, adopted previously, who briefly addressed the Senate.
Senator Coleman of the 1st moved that Senator Alien of the 2nd be excused from the Senate due to family illness.
On the motion, the yeas were 36, nays 0; the motion prevailed, and Senator Alien of the 2nd was excused from the Senate today.
The following local, uncontested bills of the House, favorably reported by the commit tee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Wednesday, January 26, 1994 EIGHTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)
HB 1133 Coleman, 1st Alien, 2nd CHATHAM COUNTY Repeals an act creating the Intergovernmental Council of Chatham County; and for other purposes.
HB 1264 Pollard, 24th Broun, 46th OCONEE COUNTY Creates a board of elections and registration for Oconee County; and for other purposes.
HB 1275 Coleman, 1st Alien, 2nd CHATHAM COUNTY Provides for the Magistrate Court of Chatham County and abolishes the Mu nicipal Court of Savannah, so as to provide that judges of the Magistrate Court of Chatham County shall be elected.
The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.

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

Those voting in the affirmative were Senators:

Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th
^CC]hurete<k?ns
Coleman
Crotts )ay Dean Edge Egan Farrow Gillis

Glanton Gochenour Guhl Harbison Hemmer Henson Hm
HTHTougogkms s
Jfkson
KemP Langford of 35th Langford of 29th Madden Marable McGuire Middleton

Newbill Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd
RrR, aaylston
Robinson
Slotln Starr Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Alien (excused)

Scott

Taylor

On the passage of all the local bills, the yeas were 52, nays 0. All the bills on the Senate Local Consent Calendar, having received the requisite consti tutional majority, were passed.
SENATE CALENDAR Wednesday, January 26, 1994 EIGHTH LEGISLATIVE DAY

SB 82 Firemen's Pension Fund--vest at 15 years, early retirement at 45 (Substitute) (Ret--22nd)
SB 127 English--official language of State (Substitute) (Gov Op--17th)
SB 253 Superior Court Judges Retirement--obtaining spouse coverage previously re jected (Ret--16th)
SB 413 Insurers--clerical employee not agent, subagent (Substitute) (I&L--17th)
SB 425 Utility Contractors--change licensing provisions (ST&I--9th)
HB 71 Probate Court--service of minor by serving guardian (Substitute) (S Judy--40th) Holland--157th
HB 72 Liens Against Property--years of possession for discharge (S Judy--28th) Hol land--157th
HB 171 Campaign Disclosure Reports--additional fees for late filing (Gov Op--2nd) Thomas--100th
HB 495 Peace Officers' Annuity and Benefit Fund--age of eligibility, vesting (Ret--16th) Buck--135th

WEDNESDAY, JANUARY 26, 1994

161

HB 498 Peace Officers' Annuity and Benefit Fund--creditable service (Ret--16th) Buck--135th
HB 499 Sheriffs' Retirement--increase member contributions and benefits (Ret--16th) Buck--135th
The following bill of the Senate was taken up for the purpose of considering the House action 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.
Senator Ragan of the 32nd moved that the Senate recede from the Senate amendment to the House amendment to SB 163.
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 Brown of 26th Burton Cheeks Clay Coleman Crotts Day Dean Edge Egan Farrow Gillis

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

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

Not voting were Senators Abernathy and Alien (excused).

On the motion, the yeas were 54, nays 0; the motion prevailed, and the Senate receded. The following general bills were read the third time and put upon their passage:

SB 82. By Senator Walker of the 22nd:
A bill to amend Code Section 47-7-100 of the Official Code of Georgia Annotated, relating to eligibility for pension benefits under the Georgia Firemen's Pension Fund, so as to reduce the number of years required for vesting from 20 to 15 years and to provide for early retirement at the age of 45 years with reduced benefits; to provide conditions for an effective date and automatic repeal.

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The following Fiscal Notes, as required by law, were 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 7, 1993

SUBJECT: Senate Bill 82 (LC 21 1987) Georgia Firemen's Pension Fund

This bill would reduce the number of years required for vesting in the Georgia Fire men's Pension Fund from 20 to 15 years. The bill also provides for early retirement at the age of 45 years with reduced benefits.

This is to certify that this is a fiscal retirement bill as defined in the Public Retirement Systems Standards Law.
/s/ Claude L. Vickers State Auditor

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

October 28, 1993

Honorable Waymond C. Huggins, Chairman Retirement Committee Senate State Capitol, Room 420B Atlanta, Georgia 30334

SUBJECT: Actuarial Investigation Senate Bill 82 (LC 21 1987) Georgia Fireman's Pension Fund

Dear Senator Huggins:

This bill will reduce the number of years required for vesting in the Georgia Firemen's Pension Fund from 20 to 15 years. The bill also provides for early retirement at the age of 45 years with reduced benefits.

The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the Senate Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actu arial assumptions and methods. The investigation was performed assuming that the retire ment eligibility was intended to change to age 45, as stated in the preamble of the bill, even though Section 1 (f) of Code Section 47-7-100 has not been changed from age 50.

(1) The amount of unfunded actuarial accrued liability which will re

sult from the bill.

$ 7,767,000

(2) The amount of annual cost which will result from the bill.

$ 571,000

(3) The employer contribution rate currently in effect.

1% of gross premiums written by fire insurance companies

WEDNESDAY, JANUARY 26, 1994

163

(4) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10).

1% of gross premiums written by fire insurance companies

(5) The dollar amount of the increase in the annual employer contribu

tion which is necessary to maintain the retirement system in an ac-

tuarially sound condition.

$

0

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.
Sincerely,
/s/ Claude L. Vickers State Auditor
DEPARTMENT OF AUDITS 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400
January 11, 1994
The Honorable Waymond Huggins, Chairman Senate Retirement Committee State Capitol Atlanta, Georgia 30334
SUBJECT: State Auditor's Certification Senate Bill 82 (Substitute) LC 21 2518S Georgia Firemen's Pension Fund
Dear Senator Huggins:
This bill would reduce the number of years required for vesting in the Georgia Fire men's Pension Fund from 20 to 15 years. The bill also provides for early retirement at the age of 45 years with reduced benefits. The only change that was made was the number "50" on line 13 of page 2 was changed to "45".
This is to certify that this substitute bill is a nonfiscal amendment of a retirement bill having a fiscal impact as defined in the Public Retirement Systems Standards Law.
Sincerely,
/s/ Claude L. Vickers State Auditor
Honorable Claude L. Vickers, State Auditor Department of Audits
254 Washington Street, Room 214 Atlanta, Georgia 30334-8400
1. Acturial investigation following Department of Audits general format.
2. RE: Actuarial investigation of SB No. 82 and LC 21-1987:
3. As requested, we have made an actuarial investigation of the impact of (SB No. 82 and LC 21-1987) on the (Georgia Firemen's Pension Fund) in accordance with the require ments of Code Section 47-20-36.
4. This bill would reduce the vesting eligibility requirement from 20 years to 15 years. The monthly retirement benefit for a member who terminates with between 15 and 25 years

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of active service would be based on the maximum monthly retirement benefit pro-rated by the ratio of the member's active service to 25.
This bill would also reduce the early retirement eligibility from age 50 to age 45. (Note: the preamble of this bill as drafted states that early retirement eligibility would be age 45 with 15 years of service, and the early retirement factors provided in Section l(f) of Code Section 47-7-100 would be extended back to age 45. However, the age eligibility in Sec tion l(f) has not been changed from age 50. We have performed the investigation assum ing that the eligibility was intended to change to age 45. If this is not the case, let us know so that we can revise the investigation). The monthly early retirement benefit would be the monthly retirement benefit that would be payable at age 55, reduced by 6% per year for each year that age at early retirement (based on age last birthday on early retirement date) precedes 55.
5. The cost of this proposed legislation would be $1,086,000 in the first year. The increase in unfunded actuarial accrued liability would be $7,767,000. See item 7 for analysis.
6. The following table reflects the unfunded actuarial accrued liability and projected mini mum funding standards before and after the proposed legislation. The projected mini mum funding standards are in conformity with all minimum funding standards specified by Code Section 47-20-10. All amounts are in $ thousands.

Accrued Liability Actuarial Value of
Assets
Unfunded Actuarial Accrued Liability
Total Service Cost
Contribution to the Fund

Before Legislation
(in OOOs) $202,843
$171,852
$ 30,991 $ 4,271
$ 8,418

After Legislation
(in OOOs) $210,610 $171,852
$ 38,758 $ 4,842
$ 8,418

Increase Due to Legislation
(in OOOs) $ 7,767
$0
$ 7,767 $ 571
$0

WEDNESDAY, JANUARY 26, 1994

165

Projected Minimum Funding Standards*
Total Service Cost Past Service
Amortization Expected Member
Dues Interest on
cumulative excess of prior year contrib. over min. requirements
Projected Minimum Funding Standards
Expected Taxes Collected
Excess of taxes collected over min. required contrib.

Before Legislation
(in OOOs)
$ 4,271 $ 5,215 $ (1,161)
$ (1,401) $ 6,924 $ 8,418
$ 1,494

After Legislation
(in OOOs)

Increase Due to Legislation
(in OOOs)

$ 4,842 $ 5,730 $ (1,161)

$ 571 $ 515 $0

$ (1,401) $ 8,010 $ 8,418
$ 408

$0 $ 1,086 $0
$ (1,086)

* Without using $23,352,931 cumulative excess of prior year contributions over minimum contributions as of 3/31/93.

7. Concluding remarks: SB No. 82 is a fiscal bill because it provides increased benefits for any member who qualifies for the revised vesting or early retirement requirements. In determining the fiscal impact of this bill, we have extended the assumed rates of retire ment back to age 45. The cost of the bill is $1,086,000. Since the expected taxes would still exceed the minimum funding requirement, this bill would not create a funding deficiency.
8. The person preparing the actuarial investigation of SB No. 82 and LC 21-1987 at Alexan der & Alexander Consulting Group is Gene B. Fife, Associate Consultant:

Is/ Gene B. Fife Signature

9/13/93 Date

The Senate Retirement Committee offered the following substitute to SB 82:

A BILL
To be entitled an Act to amend Code Section 47-7-100 of the Official Code of Georgia Annotated, relating to eligibility for pension benefits under the Georgia Firemen's Pension Fund, so as to reduce the number of years required for vesting from 20 to 15 years and to provide for early retirement at the age of 45 years with reduced benefits; to provide condi tions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 47-7-100 of the Official Code of Georgia Annotated, relating to eligibility for pension benefits under the Georgia Firemen's Pension Fund, is amended by striking in their entireties subsections (c) and (f) and inserting in lieu thereof, respectively, the following:

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"(c) Any eligible member who terminates service as a fireman or volunteer fireman after at least 36 15 years of service, upon application to and approval by the board, shall have a vested righFln and to a monthly benefit payable for the member's lifetime equal to a pro rata share amount of the maximum monthly retirement benefit provided in subsection (b) of this Code section in effect on the date of such termination of service, and the benefit under this subsection which amount shall be determined by the ratio of years served, being not less than 26 15 nor more than 25, to the full 25 year service retirement. The ratio shall be determined wHen the member terminates service as a fireman or volunteer fireman. Such benefits ahall commence on the date of the member's retirement from the fund following the mcmbcr'a reaching 66 years of age or the member's termination of service as a fireman or volunteer fireman, whichever is later. Such benefits shall become payable when the member reaches 55 years of age or when he or she terminates employment as a fireman or volunteer fireman, whichever is later."

"(f) Any eligible member who would be entitled to the commencement of retirement benefits upon reaching age 55 under subsection (b) or (c) of this Code section may elect to retire after reaching the age of 66 45 but before reaching the age of 55 and immediately commence the drawing of retirement~benefits, and, in that event, the member shall be eligi ble immediately upon retirement for a reduced monthly pension" benefit in a amount deter mined by multiplying the benefit for which the member would have been otherwise entitled under subsections (b), (c) and (e) of this Code section had the member delayed retirement or the commencement of benefits until the member reached age 55, such benefit to be deter mined as of the date of the member's actual retirement or first receipt of the monthly retire ment benefit by the factor set forth below:

If the Member's Age At Retirement (determined by the member's age at the member's immediately preceding birthday) Is:

The Early Retirement Factor Is:

45

.40

46

15

47

35

35

3B

39"

.64

50"

770

51

.76

52

.82

53

.88

54

.94

The option available under this subsection may also be exercised by a surviving spouse who is the beneficiary of an Option A election with respect to the benefits payable to the spouse in the event the member dies prior to receiving any benefits and would have been able to exercise the option available under this subsection."

Section 2. This Act shall become effective on July 1, 1994, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1994, as required by subsection (a) of Code Section 47-20-50.

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

On the adoption of the substitute, the yeas were 41, nays 2, and the substitute was adopted.

Senator Isakson of the 21st moved that SB 82 be committed to the Senate Committee on Retirement.

Senator Walker of the 22nd moved that SB 82 be postponed to February 2, 1994.

WEDNESDAY, JANUARY 26, 1994

167

On the motion offered by Senator Walker of the 22nd, which takes precedence, the President ordered a roll call, and the vote was as follows:
Those voting in the affirmative were Senators:

Baugh Blitch Bowen Broun of 46th Brown of 26th Burton Cheeks Coleman Crotts Dean
Farrow Gillis

Harbison Hemmer Henson Hill Hooks Huggins Kemp Langford of 35th Langford of 29th Marable Middleton Oliver

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

Those voting in the negative were Senators:

Balfour Boshears Clay Day Edge Egan

Glanton Gochenour Guhl Isakson Madden McGuire

Newbill Parrish Ragan of 32nd Ralston Tysinger

Not voting were Senators Abernathy, Alien (excused) and Starr.

On the motion the yeas were 36, nays 17; the motion prevailed, and SB 82 was post poned to February 2, 1994.

SB 127. By Senators Crotts of the 17th, Garner of the 30th, Langford of the 29th and others:
A bill to amend Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to the state flag, seal, and other symbols, so as to designate English as the official language of the State of Georgia.

The Senate Governmental Operations Committee offered the following substitute to SB 127:

A BILL
To be entitled an Act to amend Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to the state flag, seal, and other symbols, so as to designate English as the official language of the State of Georgia; to provide for use of the official language; to provide for construction; to prohibit discrimination; to provide for remedies; to provide for exceptions; to authorize use and printing of official documents in other languages; 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 3 of Title 50 of the Official Code of Georgia Annotated, relating to the state flag, seal, and other symbols, is amended by adding a new article, to be designated Article 4, to read as follows:
"ARTICLE 4
50-3-100. (a) The English language is designated as the official language of the State of Georgia. The official language shall be the language used for each public record, as defined

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in Code Section 50-18-70, and each public meeting, as defined in Code Section 50-14-1, and for official Acts of the State of Georgia, including those governmental documents, records, meetings, actions, or policies which are enforceable with the full weight and authority of the State of Georgia.
(b) This Code section shall not be construed in any way to infringe on the rights of persons in their use of any language for conversation or private conduct.
(c) This Code section shall not be construed in any way to deny a person's rights under the Constitution of Georgia or the Constitution of the United States or any laws, statutes, or regulations of the United States or of the State of Georgia as a result of that person's inabil ity to communicate in the official language.
(d) It shall be unlawful for any person or entity, including but not limited to any agency, instrumentality, or authority of the state or of a political subdivision of the state, to discriminate against any person as a result of such person's using or speaking a language other than the official language. A person who uses or speaks a language other than the official language shall have the right to file a civil action for damages and equitable relief, including injunction, for violation of this subsection.
(e) State agencies, counties, municipal corporations, and political subdivisions of this state are authorized to use or to print official documents and forms in languages other than the official language, at the discretion of their governing authorities. Documents filed or recorded with a state agency or with the clerk of a county, municipal corporation, or politi cal subdivision must be in the official language or, if the original document is in a language other than the official language, an English translation of the document must be simultane ously filed.
(f) The provisions of subsection (a) of this Code section shall not apply:
(1) When in conflict with federal law;
(2) When the public safety, health, or justice require the use of other languages;
(3) To instruction designed to teach the speaking, reading, or writing of foreign languages;
(4) To instruction designed to aid students with limited English proficiency in their transition and integration into the education system of the state; and
(5) To the promotion of international commerce, tourism, sporting events, or cultural events."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Thomas of the 10th moved that SB 127 be postponed to February 23, 1994.
Senator Crotts of the 17th moved that the previous question be ordered.
On the motion offered by Senator Crotts of the 17th, which takes precedence, the Presi dent ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Boshears Bowen Burton Cheeks Clay Coleman Crotts

Day Edge Egan Glanton Gochenour Guhl Isakson Kemp

Langford of 29th McGuire Newbill Ragan of llth Ragan of 32nd Ralston Turner Tysinger

WEDNESDAY, JANUARY 26, 1994

169

Those voting in the negative were Senators:

Abernathy Baugh Blitch Broun of 46th Brown of 26th Dean Farrow Gillis Harbison Hemmer

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

Perdue Pollard Ray Robinson Scott Slotin Starr Taylor Thomas Walker

Not voting were Senators Alien (excused) and Thompson.
On the motion, the yeas were 24, nays 30, and the motion was lost.
On the motion offered by Senator Thomas of the 10th to postpone SB 127 to February 23, 1994, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Baugh Blitch Broun of 46th Brown of 26th Dean Farrow Gillis Harbison Hemmer

Henson Hill Hooks Huggins Kemp Madden Marable Middleton Oliver Parrish

Pollard Ray Robinson Scott Slotin Starr Taylor Thomas Turner Walker

Those voting in the negative were Senators:

Balfour
Boshears
Bowen Burton Cheeks Clay Coleman
Crotts

Day
Edge
Egan Glanton Gochenour Guhl Isakson
Langford of 29th

Those not voting were Senators:

McGuire
Newbill
Perdue ,, ,,.,
a^an of llth
Ra&an of 32nd Ralston
Tysinger

Alien (excused)

Langford of 35th

Thompson

On the motion, the yeas were 30, nays 23; the motion prevailed, and SB 127 was post poned to February 23, 1994.

SB 253. By Senators Robinson of the 16th and Oliver of the 42nd:
A bill to amend Code Section 47-9-73 of the Official Code of Georgia Annotated, relating to spouses benefits coverage under the Superior Court Judges Retire ment System, so as to provide that any member who rejected spouses benefits coverage may obtain such coverage by paying all required past amounts; to pro vide for related matters; to provide conditions for an effective date and for auto matic repeal.

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The following Fiscal Notes as required by law were read by the Secretary:

DEPARTMENT OF AUDITS Room 214
254 Washington Street, S.W. 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 27, 1993

SUBJECT: Senate Bill 253 (LC 21 2091) Superior Court Judges Retirement System

This bill would allow members of the Superior Court Judges Retirement System who rejected spouses benefits coverage to obtain that coverage by paying all amounts that would have been paid had the member not rejected the benefits plus ten percent interest per year.

This is to certify that this is a fiscal retirement bill as defined in the Public Retirement Systems Standards Law.

/s/ Claude L. Vickers State Auditor

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

October 28, 1993

Honorable Waymond C. Huggins, Chairman Retirement Committee Senate State Capitol, Room 420B Atlanta, Georgia 30334

SUBJECT: Actuarial Investigation Senate Bill 253 (LC 21 2091) Superior Court Judges' Retirement System

Dear Senator Huggins:

This bill would allow members of the Superior Court Judges Retirement System who rejected spouses benefits coverage to obtain that coverage by paying all amounts that would have been paid had the member not rejected the benefits plus ten percent interest per year.

The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the Senate Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actu arial assumptions and methods.

(1) The amount of unfunded actuarial accrued liability which will re

sult from the bill.

$ unknown

(2) The amount of annual normal cost which will result from the bill. $ unknown

(3) The employer contribution rate currently in effect.

(6.56)%

(4) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10).

unknown

WEDNESDAY, JANUARY 26, 1994

171

(5) The dollar amount of the increase in the annual employer contribu

tion which is necessary to maintain the retirement system in an ac-

tuarially sound condition.

$ unknown

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.

Sincerely,

/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 Burton Cheeks Clay Coleman Dean Edge Egan Farrow Gillis Gochenour

Guhl Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable McGuire 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 voting in the negative were Senators:

Blitch

Day

Glanton

Those not voting were Senators Alien (excused) and Crotts.

On the passage of the bill, the yeas were 51, nays 3. The bill, having received the requisite constitutional majority, was passed.

SB 413. By Senators Crotts of the 17th, Starr of the 44th, Pollard of the 24th and others:
A bill to amend Code Section 33-23-1 of the Official Code of Georgia Annotated, relating to definitions relative to insurance agents, subagents, counselors, and ad justers, so as to provide that a regular salaried officer or employee of an insurer or of an agent or subagent who performs only clerical or administrative services in connection with any insurance transaction and who is not involved in soliciting insurance or signing or countersigning contracts shall not be considered an agent, subagent, counselor, or adjuster; to provide for an effective date.
The Senate Insurance and Labor Committee offered the following substitute to SB 413:

A BILL
To be entitled an Act to amend Code Section 33-23-1 of the Official Code of Georgia Annotated, relating to definitions relative to insurance agents, subagents, counselors, and adjusters, so as to provide that a regular salaried officer or employee of an insurer or of an

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JOURNAL OF THE SENATE

agent or subagent who performs only clerical or administrative services including the receiv ing of premiums in connection with any insurance transaction and who is not involved in soliciting insurance or signing or countersigning contracts shall not be considered an agent, subagent, counselor, or adjuster; 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. Code Section 33-23-1 of the Official Code of Georgia Annotated, relating to definitions relative to insurance agents, subagents, counselors, and adjusters, is amended by striking in its entirety paragraph (1) of subsection (b) and inserting in lieu thereof the following:
"(1) Any regular salaried officer or employee of an insurer or of an agent or subagent who performs only clerical or administrative services including the receiving of premiums in connection with any insurance transaction so long as such person is not involved in soliciting insurance^ or signing or countersigning contracts, or receiving premiums;"
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Abernathy Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th BCC,-11lhuaeryteok, ns Coleman
Crotts Day Dean Edge Egan Farrow

Gillis Glanton Gochenour Guhl Harbison Hemmer Henson Hill HITHsToaukogskgosm ns Kemp
Langford of 35th Langford of 29th Madden Marable McGuire Middleton

Newbill Oliver Parrish Pollard Ragan of llth Ragan of 32nd Roictnn ~, ,K,obf_m. son
lotin Starr
Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Alien (excused)

Perdue

Scott

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

WEDNESDAY, JANUARY 26, 1994

173

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

SB 425. By Senators Balfour of the 9th and Tysinger of the 41st:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-volt age contractors, and utility contractors, so as to change the provisions relating to the licensing of utility contractors; to provide an effective date.

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

Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton CClhaeyeks
Coleman
Crotts Day Dean Edge Egan
Farrow Gillis

Glanton Gochenour Guhl Harbison Hemmer Henson Hnl Hooks IHsaukgsgoinns
Kemp
Langford of 35th Langford of 29th Madden Marable McGuire
Middleton Newbill

Oliver Parrish Perdue Pollard Ragan of llth R of 32nd Rafston R R,,o*b.inson
^lotm
btarr Taylor Thomas Thompson Turner
Tysinger Walker

Those not voting were Senators:

Abernathy

Alien (excused)

Scott

On the passage of the bill, the yeas were 53, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Balfour of the 9th moved that SB 425 be immediately transmitted to the House.
On the motion the yeas were 40, nays 0; the motion prevailed, and SB 425 was immedi ately transmitted.
HB 71. By Representative Holland of the 157th: A bill to amend Article 1 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to the probate court, so as to provide for the service of a minor or an incapacitated adult by serving such per son's legal guardian or guardian ad litem.
Senate Sponsor: Senator Egan of the 40th.
The Senate Special Judiciary Committee offered the following substitute to HB 71:

174

JOURNAL OF THE SENATE

A BILL
To be entitled an Act to amend Article 1 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to the probate court, so as to pro vide for the service of a minor or an incapacitated adult by serving such person's legal guardian or guardian ad litem; 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 9 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to the probate court, is amended by inserting at the end thereof the following:
"15-9-17. Notwithstanding the provisions of Code Section 15-9-122 or any other provi sion of law to the contrary, in any action before the probate court in which the service of a minor or an incapacitated adult is required, such service may be made by:
(1) Serving the legal guardian or guardian ad litem of such minor or incapacitated adult if such legal guardian or guardian ad litem:
(A) Acknowledges receipt of such service; and
(B) Certifies that he or she has delivered a copy of the document so served to the minor or incapacitated adult; and
(2) Mailing by the petitioner of a copy of the document so served to the minor or inca pacitated adult by certified mail.
The acknowledgment and certification of the legal guardian or guardian ad litem and the certificate of the mailing to the minor or incapacitated adult shall be filed with the court as proof of such service."
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:

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

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

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

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175

Those not voting were Senators:

Abernathy Alien (excused)

Egan Scott

Start

On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute.

HB 72. By Representative Holland of the 157th:
A bill to amend Article 4 of Chapter 12 of Title 9 of the Official Code of Georgia Annotated, relating to judgment liens, so as to provide that when a bona fide purchaser has been in possession of real property for four years, such property shall be discharged from the lien of any judgment against the seller or any prede cessor in title.
Senate Sponsor: Senator Edge of the 28th.

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

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

Those voting in the affirmative were Senators:

Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th
^ Cherteok, ns Clay Coleman Crotts Day Dean Edge Egan Farrow Gillis

Glanton Gochenour Guhl Harbison Hemmer Henson Hill
H5uogogki?ns Isakson Kemp Langford of 35th Langford of 29th Madden Marable McGuire Middleton Newbill

Oliver Parrish Pollard Ragan of llth Ragan of Rnlctnn j^y
Robinson
Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy

Alien (excused)

Perdue

On the passage of the bill, the yeas were 53, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 171. By Representatives Thomas of the 100th, Chambless of the 163rd and Simpson of the 101st: A bill to amend Code Section 21-5-34 of the Official Code of Georgia Annotated, relating to campaign contribution disclosure reports, so as to provide for addi tional filing fees for reports which are filed late.
Senate Sponsor: Senator Walker of the 22nd.

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JOURNAL OF THE SENATE

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

Those not voting were Senators:

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

Abernathy Alien (excused)

Cheeks Langford of 35th

Perdue Ragan of llth

On the passage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 495. 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 the requirement that persons be under the age of 55 years at the time they become members; to reduce the age of vesting and the age of eligibility for certain benefits.
Senate Sponsor: Senator Robinson of the 16th.
The following Fiscal Note, as required by law, was read by the Secretary:

WEDNESDAY, JANUARY 26, 1994

177

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

October 28, 1993

Honorable Bill Cummings, Chairman Retirement Committee House of Representatives State Capitol, Room 402 Atlanta, Georgia 30334

SUBJECT: Actuarial Investigation House Bill 495 (LC 21 2476S) Peace Officers' Annuity and Benefit Fund

Dear Representative Cummings:

This bill would repeal the requirement that persons be under the age of 45 years at the time they become members of the Peace Officers' Annuity and Benefit Fund. This bill also reduces the age of vesting and the age of eligibility for certain benefits from 20 to 10 years.

The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actu arial assumptions and methods.

(1) The amount of unfunded actuarial accrued liability which will re

sult from the bill.

$ 2,900,000

(2) The amount of annual normal cost which will result from the bill. $ 300,000

(3) The employer contribution rate currently in effect.

A Portion of Court Fines

(4) The employer contribution rate recommended (in conformity with A Portion of minimum funding standards specified in Code Section 47-20-10). Court Fines

(5) The dollar amount of the increase in the annual employer contribu

tion which is necessary to maintain the retirement system in an ac-

tuarially sound condition.

$

0

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.
Sincerely,
/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:

Balfour Baugh Blitch Boshears

Bowen Broun of 46th Brown of 26th Burton

Cheeks Clay Coleman Crotts

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JOURNAL OF THE SENATE

Day Dean Edge Farrow Gillis Glanton Gochenour Guhl Harbison Hemmer Henson Hooks

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

Voting in the negative was Senator Tysinger.

Those not voting were Senators:

Abernathy Alien (excused) Egan

Hill Langford of 35th

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

On the passage of the bill, the yeas were 48, nays 1.
The bill, having received the requisite constitutional majority, was passed.
HB 498. 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 define a certain term; to provide for certain creditable service.
Senate Sponsor: Senator Robinson of the 16th.
The following Fiscal Note, as required by law, was read by the Secretary:
DEPARTMENT OF AUDITS 254 Washington Street, S.W.
Suite 214 Atlanta, Georgia 30334-8400
October 28, 1993
Honorable Bill Cummings, Chairman Retirement Committee House of Representatives State Capitol, Room 402 Atlanta, Georgia 30334
SUBJECT: Actuarial Investigation House Bill 498 (LC 21 2469S) Peace Officers' Annuity and Benefit Fund
Dear Representative Cummings:
This bill would allow any warden or correction officer of state or county correctional institutions and any warden or correction officer of municipal correctional institutions of a municipality having a population of 70,000 or more according to the United States decennial census or any future census and any warden or correctional officer of a municipal correc tional institution who on or before October 1, 1962, pays dues for prior service shall be deemed to have been a member for such periods and shall be entitled to all the rights and benefits to which other members during such are entitled. This bill also allows members of

WEDNESDAY, JANUARY 26, 1994

179

the Peace Officers' Annuity and Benefit Fund who are promoted to supervisory positions to remain active members in the fund and to obtain creditable service for prior service by making payment of $10 per month plus ten percent interest per year from the date the prior service was rendered to the date of payment for all years claimed as prior service. The bill also allows these members to receive credit for all prior year service without regard to the maximum five-year limitation placed on other members of the fund.

The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actu arial assumptions and methods.

(1) The amount of unfunded actuarial accrued liability which will re

sult from the bill.

$ 1,063,000

(2) The amount of annual normal cost which will result from the bill. $ 34,000

(3) The employer contribution rate currently in effect.

A Portion of Court Fines

(4) The employer contribution rate recommended (in conformity with A Portion of minimum funding standards specified in Code Section 47-20-10). Court Fines

(5) The dollar amount of the increase in the annual employer contribu

tion which is necessary to maintain the retirement system in an ac-

tuarially sound condition.

$

0

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.
Sincerely,
/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:

Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton CClhaeyeks
Coleman Crotts Day Dean Edge Farrow Gillis

Glanton Gochenour Guhl Harbison Hemmer Hill Hooks Huggms IKsaekmspon
Langford of 29th Madden Marable McGuire Middleton Newbill Oliver

Parrish Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson gcott J,,t, o.t.o
starr Taylor Thomas Thompson Turner Tysinger Walker

180

JOURNAL OF THE SENATE

Those not voting were Senators:

Abernathy Alien (excused)

Egan Henson

Langford of 35th Perdue

On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 499. By Representatives Buck of the 135th, Powell of the 23rd, Carrell of the 87th and others:
A bill to amend Chapter 16 of Title 47 of the Official Code of Georgia Annotated, relating to the Sheriffs' Retirement Fund of Georgia, so as to increase the rate of members' contributions to such fund; to increase the retirement benefits pro vided under the fund.
Senate Sponsor: Senator Robinson of the 16th.

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

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

October 28, 1993

Honorable Bill Cummings, Chairman Retirement Committee House of Representatives State Capitol, Room 402 Atlanta, Georgia 30334

SUBJECT: Actuarial Investigation House Bill 499 (LC 21 2076) Sheriffs' Retirement Fund of Georgia

Dear Representative Cummings:

This bill provides for an increase in the rate of members' contributions to the Sheriffs' Retirement Fund, an increase in the retirement benefits provided under this fund and an increase in the death benefits for active and inactive members of the fund.

The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actu arial assumptions and methods.

(1) The amount of unfunded actuarial accrued liability which will re

sult from the bill.

$ 6,435,000

(2) The amount of annual normal cost which will result from the bill. $ 82,000

(3) The employer contribution rate currently in effect.

A portion of fines, bond forfeitures, and fees

WEDNESDAY, JANUARY 26, 1994

181

A Portion of

fines, bond

(4) The employer contribution rate recommended (in conformity with forfeitures,

minimum funding standards specified in Code Section 47-20-10).

and fees

(5) The dollar amount of the increase in the annual employer contribu

tion which is necessary to maintain the retirement system in an ac-

tuarially sound condition.

$

0

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.
Sincerely,
/a/ Claude L. Vickers State Auditor

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

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

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

Those not voting were Senators:

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

Abernathy Alien (excused)

Egan Langford of 35th

Perdue

On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed.

182

JOURNAL OF THE SENATE

The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President: The House has passed by the requisite constitutional majority the following bills of the
House:
HB 1178. 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 establish the territo rial boundaries of operation for regional development centers.
HB 1228. By Representatives Klein of the 39th, Atkins of the 29th, Kinnamon of the 4th, Golden of the 177th and Dix of the 76th: A bill to amend Article 3 of Chapter 4 of Title 24 of the Official Code of Georgia Annotated, relating to particular matters of proof, so as to provide for the admissibility of videotapes made by law enforcement officers as evidence.
Serving as the doctor of the day was Dr. Ed Malcolm of Woodstock, Georgia. Senator Ray of the 19th moved that the Senate do now adjourn until 9:15 A.M. to morrow; the motion prevailed, and the President announced the Senate adjourned at 12:13 P.M.

THURSDAY, JANUARY 27, 1994

183

Senate Chamber, Atlanta, Georgia Thursday, January 27, 1994 Ninth Legislative Day

The Senate met pursuant to adjournment at 9:15 A.M. today and was called to order by Senator Robinson of the 16th, President Pro Tempore.
Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1407. By Representative Yeargin of the 90th:
A bill to abolish the office of elected county surveyor of Elbert County; to pro vide for the appointment of said official by the county governing authority.
HB 1408. By Representative Yeargin of the 90th:
A bill to amend an Act providing for a Board of Commissioners for the County of Elbert, so as to change certain powers of the county administrator.
HB 1410. 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 provide for certain technical and reference corrections.
HB 685. By Representatives Bostick of the 165th and Greene of the 158th:
A bill to amend Code Section 47-2-317 of the Official Code of Georgia Annotated, relating to membership in the Employees' Retirement System by officers and em ployees of the Georgia Agrirama Development Authority, so as to provide that such persons may purchase creditable service for service with such authority ren dered prior to the date such persons became members of the retirement system.
HB 1090. By Representative Jenkins of the 110th:
A bill to amend Article 5 of Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits under the Judges of the Probate Courts Retirement Fund of Georgia, so as to provide that a judge or employee of the probate court shall be entitled to retire on a service retirement at the age of 55 years after having served 12 years as a judge or employee of the probate court.
HB 1091. By Representative Jenkins of the 110th: A bill to amend Article 3 of Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to membership in and contributions to the Judges of the Probate Courts Retirement Fund of Georgia, so as to authorize members who never joined the fund to join such fund or who withdrew from membership to rejoin the fund.

184

JOURNAL OF THE SENATE

HB 1311. By Representatives Cox of the 160th, Royal of the 164th and Bates of the 179th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of the superior court, so as to change the terms of the Decatur County and Mitchell County Superior Courts.
HB 1383. By Representatives Baker of the 70th, Bordeaux of the 151st, Orrock of the 56th and Cummings of the 27th:
A bill to amend Code Section 47-3-41 of the Official Code of Georgia Annotated, relating to the annuity savings fund of the Teachers Retirement System of Geor gia, so as to provide that the board of trustees of such retirement system shall establish the percentage of the salaries of the members of such system which shall be paid to the system as employee contributions.
HB 1281. By Representative Randall of the 127th:
A bill to amend Article 3 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to costs and compensation in probate courts, so as to provide for certain additional costs for specific services; to amend Code Section 29-4-12 of the Official Code of Georgia Annotated, relating to appointed guardians, so as to change the provisions relating to the oaths of office of guardians.
HB 670. By Representatives Reichert of the 126th, Groover of the 125th, Randall of the 127th and Lucas of the 124th:
A bill to amend Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to provisions applicable to particular groups of employees under the Employees' Retirement System of Georgia, so as to provide that county probation and intake employees who are by law transferred to the De partment of Children and Youth Services and who prior to such transfer were members of a local retirement system may transfer credit for such prior service.
HB 1215. By Representatives Buck of the 135th, Culbreth of the 132nd, Taylor of the 134th, Hugley of the 133rd, Smith of the 102nd and others:
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 change provisions relating to nonpartisan elections for local government offices.
HB 1298. By Representative Buck of the 135th:
A bill to amend Article 4 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to public officials conduct and lobbyist disclosure, so as to provide for the applicability of such provisions to certain activities relating to the influencing of certain actions of certain local public officers and employees.
HB 1214. By Representatives Buck of the 135th, Culbreth of the 132nd, Taylor of the 134th and Hugley of the 133rd:
A bill to amend Code Section 48-5-444 of the Official Code of Georgia Annotated, relating to the county where a motor vehicle is returned for ad valorem tax pur poses, so as to specify a criminal penalty for certain false statements in connec tion with such return.
HB 1190. By Representatives Walker of the 141st, Groover of the 125th and Lakly of the 105th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to crimes and offenses, Title 20, relating to education, and Title 36, relating to local government, so as to change the provisions relating to the powers and duties of

THURSDAY, JANUARY 27, 1994

185

grand juries, to provide for the powers and duties of the chief judge of the supe rior court of each county. The House has adopted the following resolutions of the House:
HR 780. By Representatives Teague of the 58th, Brooks of the 54th, Brown of the 117th, Howard of the 118th, Lane of the 55th and others:
A resolution recognizing African American entrepreneurs and proclaiming the first Thursday in March as "African American Business Enterprise Day".
HR 782. By Representatives Brooks of the 54th, Howard of the 118th, McKinney of the 51st, Stanley of the 49th, Lucas of the 124th and others:
A resolution recognizing African American entrepreneurs and proclaiming the first Thursday in March as "African American Business Enterprise Day".
HR 791. By Representative Cox of the 160th: A resolution designating Swamp Gravy as Georgia's Official Folklife Play.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 533. By Senators Isakson of the 21st and Scott of the 36th: 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 generally, so as to provide that certain rules and regulations of the Safety Fire Commissioner shall not have state-wide application as the state minimum fire safety standards without the adoption of the same by a county or municipality; to provide an effective date.
Referred to Committee on Insurance and Labor.
SB 534. By Senators Farrow of the 54th and Ralston of the 51st: A bill to change provisions relating to issuance and recording of ad valorem tax executions; to amend Code Section 15-6-61 of the Official Code of Georgia Anno tated, relating to duties of clerks of superior courts, so as to specify that ad valorem tax executions issued by the county tax collector or tax commissioner must be recorded on the general execution docket without the charging of any fee.
Referred to Committee on Judiciary.
SB 535. By Senators Kemp of the 3rd, Boshears of the 6th, Hill of the 4th and others:
A bill to amend Code Section 15-11-21 of the Official Code of Georgia Annotated, relating to release of juveniles where detention not warranted, so as to provide that only a judge may release from custody a juvenile who allegedly committed a delinquent act which if committed by an adult would constitute certain specified offenses; to provide an effective date. Referred to Committee on Special Judiciary.
SB 536. By Senators Scott of the 36th, Broun of the 46th and Coleman of the 1st:
A bill to amend Article 1 of Chapter 21 of Title 43 of the Official Code of Georgia Annotated, relating to the rights, duties, and liabilities of innkeepers, so as to provide that a written statement setting forth the time period during which a guest may occupy an assigned room when signed or initialed by the guest shall be a valid and enforceable contract; to provide an effective date. Referred to Committee on Economic Development, Tourism and Cultural Affairs.

186

JOURNAL OF THE SENATE

SB 537. By Senators Balfour of the 9th and Turner of the 8th:
A bill to amend Chapter 8 of Title 45 of the Official Code of Georgia Annotated, relating to accounting for public funds, so as to change the provisions relating to the designation of depositories for the funds of counties and boards of education. Referred to Committee on Banking and Financial Institutions.
SB 538. By Senators Oliver of the 42nd, Ralston of the 51st and Farrow of the 54th:
A bill to amend Chapter 4 of Title 29 of the Official Code of Georgia Annotated, relating to guardians of minors, so as to provide for a definition of net settlement; to provide for the jurisdiction of probate court judges in appointing guardians and temporary guardians; to provide for bonds of guardians appointed by the probate court. Referred to Committee on Judiciary.
SB 539. By Senator Brown of the 26th:
A bill to amend Part 1 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone service generally, so as to provide for access to a live telephone operator; to provide for submission to the Public Ser vice Commission; to provide for certain exceptions. Referred to Committee on Finance and Public Utilities.
SB 540. By Senator Brown of the 26th:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the "Fair Business Practices Act of 1975," so as to provide for bond requirements by sponsors and promoters of promotional contests or giveaways; to amend Code Section 44-3-188 of the Official Code of Georgia Anno tated, relating to offer of gifts or prizes, so as to change a cross-reference. Referred to Committee on Consumer Affairs.
SB 541. By Senators Brown of the 26th, Robinson of the 16th and Ray of the 19th:
A bill to amend Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and fraudulent practices, so as to provide for the offense of fraudulent issuance of personal identification cards; to provide for a definition; to provide for certain requirements; to provide for submission of names to the De partment of Public Safety. Referred to Committee on Judiciary.
SB 542. By Senators Boshears of the 6th and Kemp of the 3rd:
A bill creating the State Court of Glynn County, as amended, so as to change the compensation of the judge of said court; to provide for applicability. Referred to Committee on Urban and County Affairs.
SB 543. By Senator Isakson of the 21st:
A bill to amend Article 1 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to general provisions relative to the Department of Trans portation, so as to require the department to obtain a certification from a county governing authority relative to the use of certain tax proceeds in funding road, street, or bridge projects; to provide an effective date. Referred to Committee on Transportation.

THURSDAY, JANUARY 27, 1994

187

SB 544. By Senators Farrow of the 54th and Huggins of the 53rd:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of the superior courts, so as to provide for a fourth judge of the superior courts of the Conasauga Judicial Circuit of Georgia; to provide for the appointment, subsequent election, and terms of office of said judge; to declare inherent authority; to provide effective dates.
Referred to Committee on Judiciary.
SB 545. By Senator Langford of the 29th:
A bill 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 change the provisions relating to grounds for denial of compensation; to pro vide that a certain positive drug test shall be a conclusive presumption of impair ment resulting from the use of marijuana or a controlled substance.
Referred to Committee on Insurance and Labor.
SB 546. By Senator Langford of the 29th:
A bill to amend Code Section 44-14-361.5 of the Official Code of Georgia Anno tated, relating to liens of persons without privity of contract, so as to change the provisions relating to who shall be required to give a copy of a notice of com mencement to a subcontractor, materialman, or person who makes a written re quest for such notice; to provide that such notice shall be given by the contractor.
Referred to Committee on Science, Technology and Industry.
SB 547. By Senator Langford of the 29th:
A bill to amend Code Section 40-2-85.1 of the Official Code of Georgia Anno tated, relating to special and distinctive license plates for veterans, so as to re peal the requirement that a certain minimum number of applications must be received before such license plates shall be issued.
Referred to Committee on Defense and Veterans Affairs.
SB 548. By Senators Hemmer of the 49th, Hill of the 4th, Marable of the 52nd and Henson of the 55th:
A bill to amend Chapter 4A of Title 49 of the Official Code of Georgia Anno tated, relating to children and youth services, so as to provide that an assessment of risk be completed on each youth prior to the youth's placement in a private family attention home; to provide that the plan of care address the needs of the youth for adult supervision and structured after-school activities and for other treatment needs.
Referred to Committee on Youth, Aging and Human Ecology.
SB 549. By Senators Hemmer of the 49th, Clay of the 37th, Madden of the 47th and others:
A bill to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, so as to provide that any person operating a motor vehicle in which there is an open container of alcohol shall be subject to testing to determine his or her blood alcohol content under certain conditions.
Referred to Committee on Judiciary.

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JOURNAL OF THE SENATE

SB 550. By Senators Crotts of the 17th and Guhl of the 45th:
A bill to amend an Act entitled "An Act to create a new charter for the City of Conyers," as amended, so as to change the number of council members; to pro vide for certain residency requirements; to provide for council districts; to pro vide for elections; to provide for the filling of vacancies; to provide for an election superintendent. Referred to Committee on Urban and County Affairs.
SB 551. By Senator Broun of the 46th:
A bill to amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs in general, so as to provide for the qualifications of persons desiring to run for sheriff; to provide for attendance of peace officers' training courses. Referred to Committee on Public Safety.
SR 453. By Senator Farrow of the 54th:
A resolution designating the T. P. Ramsey Bridge. Referred to Committee on Transportation.
SR 455. By Senator Hooks of the 14th:
A resolution proclaiming February as Camellia Festival Month in Georgia. Referred to Committee on Agriculture.
SR 456. By Senators Robinson of the 16th, Hooks of the 14th, Ray of the 19th and Edge of the 28th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to create, by law, a State Commission on Judicial Compensa tion and to authorize such commission to establish, subject to amendment or rejection by the General Assembly, the compensation of Justices of the Supreme Court, Judges of the Court of Appeals, and judges of the superior courts and to provide that the General Assembly shall not be deprived; to provide for the sub mission of this amendment for ratification or rejection. Referred to Committee on Judiciary.
The following bills of the House were read the first time and referred to committees:
HB 670. By Representatives Reichert of the 126th, Groover of the 125th, Randall of the 127th and Lucas of the 124th:
A bill to amend Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to provisions applicable to particular groups of employees under the Employees' Retirement System of Georgia, so as to provide that county probation and intake employees who are by law transferred to the De partment of Children and Youth Services and who prior to such transfer were members of a local retirement system may transfer credit for such prior service. Referred to Committee on Retirement.
HB 685. By Representatives Bostick of the 165th and Greene of the 158th:
A bill to amend Code Section 47-2-317 of the Official Code of Georgia Annotated, relating to membership in the Employees' Retirement System by officers and em ployees of the Georgia Agrirama Development Authority, so as to provide that such persons may purchase creditable service for service with such authority ren dered prior to the date such persons became members of the retirement system. Referred to Committee on Retirement.

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189

HB 1090. By Representative Jenkins of the 110th:
A bill to amend Article 5 of Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits under the Judges of the Probate Courts Retirement Fund of Georgia, so as to provide that a judge or employee of the probate court shall be entitled to retire on a service retirement at the age of 55 years after having served 12 years as a judge or employee of the probate court. Referred to Committee on Retirement.
HB 1091. By Representative Jenkins of the 110th:
A bill to amend Article 3 of Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to membership in and contributions to the Judges of the Probate Courts Retirement Fund of Georgia, so as to authorize members who never joined the fund to join such fund or who withdrew from membership to rejoin the fund. Referred to Committee on Retirement.
HB 1178. 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 establish the territo rial boundaries of operation for regional development centers. Referred to Committee on Urban and County Affairs (General).
HB 1190. By Representatives Walker of the 141st and Groover of the 125th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to crimes and offenses, Title 20, relating to education, and Title 36, relating to local government, so as to change the provisions relating to the powers and duties of grand juries; to provide for the powers and duties of the chief judge of the supe rior court of each county. Referred to Committee on Judiciary.
HB 1214. By Representatives Buck of the 135th, Culbreth of the 132nd, Taylor of the 134th and Hugley of the 133rd:
A bill to amend Code Section 48-5-444 of the Official Code of Georgia Annotated, relating to the county where a motor vehicle is returned for ad valorem tax pur poses, so as to specify a criminal penalty for certain false statements in connec tion with such return. Referred to Committee on Finance and Public Utilities.
HB 1215. By Representatives Buck of the 135th, Culbreth of the 132nd, Taylor of the 134th and others:
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 change provisions relating to nonpartisan elections for local government offices. Referred to Committee on Ethics.
HB 1228. By Representatives Klein of the 39th, Atkins of the 29th, Kinnamon of the 4th and others:
A bill to amend Article 3 of Chapter 4 of Title 24 of the Official Code of Georgia Annotated, relating to particular matters of proof, so as to provide for the admissibility of videotapes made by law enforcement officers as evidence. Referred to Committee on Judiciary.

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HB 1281. By Representative Randall of the 127th: A bill to amend Article 3 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to costs and compensation in probate courts, so as to provide for certain additional costs for specific services; to amend Code Section 29-4-12 of the Official Code of Georgia Annotated, relating to appointed guardians, so as to change the provisions relating to the oaths of office of guardians.
Referred to Committee on Special Judiciary.
HB 1298. By Representative Buck of the 135th: A bill to amend Article 4 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to public officials conduct and lobbyist disclosures, so as to provide for the applicability of such provisions to certain activities relating to the influencing of certain actions of certain local public officers and employees.
Referred to Committee on Ethics.
HB 1311. By Representatives Cox of the 160th, Royal of the 164th and Bates of the 179th: A bill to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of the superior court, so as to change the terms of the Decatur County and Mitchell County Superior Courts.
Referred to Committee on Special Judiciary.
HB 1383. By Representatives Baker of the 70th, Bordeaux of the 151st, Orrock of the 56th and Cummings of the 27th: A bill to amend Code Section 47-3-41 of the Official Code of Georgia Annotated, relating to the annuity savings fund of the Teachers Retirement System of Geor gia, so as to provide that the board of trustees of such retirement system shall establish the percentage of the salaries of the members of such system which shall be paid to the system as employee contributions.
Referred to Committee on Retirement.
HB 1407. By Representative Yeargin of the 90th: A bill to abolish the office of elected county surveyor of Elbert County; to pro vide for the appointment of said official by the county governing authority.
Referred to Committee on Urban and County Affairs.
HB 1408. By Representative Yeargin of the 90th: A bill to amend an Act providing for a Board of Commissioners for the County of Elbert, so as to change certain powers of the county administrator.
Referred to Committee on Urban and County Affairs.
HB 1410. 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 provide for certain technical and reference corrections.
Referred to Committee on Urban and County Affairs.
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Health and Human Services has had under consideration the follow-

THURSDAY, JANUARY 27, 1994

191

ing bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 443. Do pass by substitute.
Respectfully submitted,
Senator Walker of the 22nd District, Chairman

Mr. President:

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

SB 412. Do pass. SB 418. Do pass by substitute. SB 440. Do pass by substitute.

SB 441. Do pass by substitute. SB 502. Do pass by substitute. SR 395. Do pass by substitute.

Respectfully submitted,

Senator Oliver of the 42nd District, Chairman

Mr. President:

The Committee on Science, Technology and Industry 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 1193. Do pass.
Respectfully submitted,
Senator Tysinger of the 41st District, Chairman

Mr. President:

The Committee on Special Judiciary has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 448. Do pass as amended. HB 574. Do pass as amended.
Respectfully submitted,
Senator Egan of the 40th District, Chairman

Mr. President:

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

SB 455. Do pass. SB 472. Do pass.

HB 659. Do pass. HB 686. Do pass as amended.

Respectfully submitted,

Senator Egan of the 40th District, Chairman

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JOURNAL OF THE SENATE

Mr. President: The Committee on Transportation has had under consideration the following resolu
tions of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SR 376. Do pass by substitute. SR 386. Do pass.
Respectfully submitted,
Senator Coleman of the 1st District, Chairman Mr. President:

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

HB 1323. Do pass.

HB 1348. Do pass.

HB 1324. Do pass.

HB 1349. Do pass.

Respectfully submitted,

Senator Thompson of the 33rd District, Chairman

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

SB 42

SB 462

SB 288

SB 485

SB 401

SB 490

SB 454

SR 407

Senator Walker of the 22nd asked unanimous consent to excuse Senator Alien of the 2nd from the Senate today, due to family illness.
Consent was granted.
The President Pro Tempore, Senator Robinson of the 16th, who was presiding, called for the morning roll call, and the following Senators answered to their names:

Balfour
Baugh Boshears
Bowen Broun of 46th Brown of 26th urton ^j166 * 8

Glanton
Gochenour Guhl
Harbison Hemmer Henson Hill Hooks

Newbill
Parrish Perdue
Pollard Ragan of llth Ragan of 32nd Ralston Ray

CCorolettms an Day D ean Edge Egan Farrow Gillis

Huggsoinns Kemp Langford of 29th Madden Marable McGuire Middleton

Those not answering were Senators:

Abernathy Alien (excused) Blitch

Langford of 35th Oliver

Sflcootittn Starr Thomas Thompson Turner Tysinger Walker
Robinson (presiding) Taylor

THURSDAY, JANUARY 27, 1994

193

Senator Edge of the 28th introduced the Color Guard from Elm Street Elementary School, Newnan, Georgia, who led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
The President assumed the Chair.
Senator Starr of the 44th introduced the chaplain of the day, Reverend Wayne Ed wards, pastor of First Baptist Church, Forest Park, Georgia, who offered scripture reading and prayer.
Senator Middleton of the 50th introduced Mr. Bill Parker of Union County, having been commended by SR 379, previously adopted.
The President introduced the doctor of the day, Dr. Harrison Rogers, Atlanta, Georgia, who addressed the Senate briefly.
The following resolutions were read and adopted:
SR 454. By Senator Hooks of the 14th:
A resolution honoring Coach Dan Reeves.
SR 457. By Senators Crotts of the 17th, Glanton of the 34th, Harbison of the 15th and others:
A resolution honoring George W. Bentley, III.
SR 458. By Senators Crotts of the 17th, Glanton of the 34th, Harbison of the 15th and others:
A resolution honoring Jo Ann Shaw.
SR 459. By Senators Crotts of the 17th, Glanton of the 34th, Harbison of the 15th and others:
A resolution honoring JoAnne Shirley.
SR 460. By Senators Langford of the 35th and Thomas of the 10th:
A resolution commending and recognizing the 1993-1994 Woodward Academy Lady Eagles volleyball team.
HR 780. By Representatives Teague of the 58th, Brooks of the 54th, Brown of the 117th and others:
A resolution recognizing African American entrepreneurs and proclaiming the first Thursday in March as "African American Business Enterprise Day".
HR 782. By Representatives Brooks of the 54th, Howard of the 118th, McKinney of the 51st and others:
A resolution recognizing African American entrepreneurs and proclaiming the first Thursday in March as "African American Business Enterprise Day".

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JOURNAL OF THE SENATE

HR 791. By Representative Cox of the 160th: A resolution designating Swamp Gravy as Georgia's official Folklife Play.

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

SENATE LOCAL CONSENT CALENDAR
Thursday, January 27, 1994 NINTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)

HB 1323 Kemp, 3rd Boshears, 6th WAYNE COUNTY
Provides for the Board of Education of Wayne County; and for other pur poses.

HB 1324 Kemp, 3rd Boshears, 6th WAYNE COUNTY
Creates the Board of Commissioners of Wayne County, so as to change the provisions relating to the election of members of the board of commissioners; to change the commissioner districts.

HB 1348 Dean, 31st PAULDING COUNTY
Provides that vehicles shall be registered and licensed to operate for the en suing calendar year and thereafter.

HB 1349 Dean, 31st PAULDING COUNTY
Provides a new charter for the City of Dallas in Paulding County, so as to deannex and remove certain territory from the corporate limits of the city; and for other purposes.

The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.
On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Baugh Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Crotts

Day Dean Edge Egan Farrow Gillis Glanton Gochenour Guhl Harbison

Hemmer Hill Hooks Huggins Isakson Langford of 29th Madden Marable McGuire Newbill

THURSDAY, JANUARY 27, 1994

195

Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd

Ralston Ray Robinson Scott Slotin Starr

Those not voting were Senators:

Abernathy Alien (excused) Blitch

Coleman Henson Kemp

Taylor Thomas Thompson Turner Tysinger Walker
Langford of 35th Middleton

On the passage of all the local bills, the yeas were 48, nays 0.
All the bills on the Senate Local Consent Calendar, having received the requisite consti tutional majority, were passed.
SENATE CALENDAR
Thursday, January 27, 1994
NINTH LEGISLATIVE DAY
HB 1296 Appropriations 1993-1994--change (Substitute) (Approp--14th) Murphy--18th SB 50 Theft--conversion of payments for real property improvements (S Judy--5th) SB 409 Peace Officer Standards and Training Act--county probation systems (Pub
Saf--42nd) SB 411 Child Support Noncompliance--limit professional license renewal (Substitute)
(Judy--42nd) SB 416 Driver's License--no fee for certain address changes (Pub Saf--8th) SB 420 DUI Conviction--attach defendant's conviction record to sentence (Judy--16th) SB 439 Recreational Bingo--redefine (Substitute) (S Judy--21st) SB 457 Administrative Procedure Act--rules to General Assembly committee chairper
sons (S Judy--40th) SB 463 Emission Inspection Sticker--delete display requirement (Amendment)
(Nat R--21st) SB 471 Smoking--prohibit in certain child care facilities (YA&HE--42nd) SB 492 Child Abuse Protocol--judicial circuits adopt (YA&HE--33rd)
Senator Edge of the 28th moved that the Senate resolve itself into the Committee of the Whole Senate to receive pertinent information regarding HB 1296 (Appropriations for fiscal year 1993-1994).
On the motion, the yeas were 42, nays 0; the motion prevailed.
At 10:25 A.M., the Senate resolved itself into the Committee of the Whole Senate.
The President appointed Senator Hooks of the 14th Chairman of the Committee of the Whole Senate.
The Committee of the Whole Senate was dissolved at 10:47 A.M., and the Senate reconvened.
Senator Hooks of the 14th, Chairman of the Committee of the Whole Senate, reported to the Senate that the Committee of the Whole Senate had met and received pertinent information regarding HB 1296.

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JOURNAL OF THE SENATE

The following general bills were read the third time and put upon their passage:

HB 1296. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 19931994 known as the "General Appropriations Act", so as to change certain appro priations for the State Fiscal Year 1993-1994.
Senate Sponsor: Senator Hooks of the 14th.

The Senate Appropriations Committee offered the following substitute to HB 1296:

A BILL
To be entitled an Act to amend an Act providing appropriations for the State Fiscal Year 1993-1994 known as the "General Appropriations Act", approved April 28,1993 (Ga. L. 1993, p. 1819), so as to change certain appropriations for the State Fiscal Year 1993-1994; to make language and other changes; to reallocate certain funds; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing appropriations for the State Fiscal Year 1993-1994, as amended, known as the "General Appropriations Act" approved April 28, 1993 (Ga. L. 1993, p. 1819), is further amended by striking everything following the enacting clause through Section 85, and by substituting in lieu thereof the following:
"That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1993, and ending June 30, 1994, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and General Funds of the State, in cluding surplus, reserves and a revenue estimate of $8,712,500,000 (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

Regular Operating Expenses

$2,639,954

Travel--Staff ....................................................... $74,500

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

$2,002,568

Photography ........................................................ $90,500

Expense Reimbursement Account.................................. $1,132,800

Total Funds Budgeted ........................................... $22,625,363

State Funds Budgeted ........................................... $22,625,363

THURSDAY, JANUARY 27, 1994

197

Senate Functional Budgets Total Funds

State Funds

Senate and Research Office Lt. Governor's Office

$ 3,593,591

$

691,168

3,593,591 691,168

Secretary of the Senate's Office

$ 1,194,849

1,194,849

Total

$ 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

489,009

489,009

Clerk of the House's Office

1,278,016

1,278,016

Total

10,495,409

10,495,409

Joint Functional Budgets Total Funds

State Funds

Legislative Counsel's Office Legislative Fiscal Office

$ 2,293,420 $ 2,251,457

2,293,420 2,251,457

Legislative Budget Office

$

973,058

973,058

Ancillary Activities

$ 1,132,411

1,132,411

Total

$ 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 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

198

JOURNAL OF THE SENATE

detailed study of all items and programs for which payments are made from funds appropri ated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other appropriations.

Section 2. Department of Audits. Budget Unit: Department of Audits Personal Services................ Regular Operating Expenses Travel ......................... Motor Vehicle Purchases Equipment ..................... Real Estate Rentals ............. Per Diem, Fees and Contracts . Computer Charges .............. Telecommunications Total Funds Budgeted State Funds Budgeted ...........
PART II.
JUDICIAL BRANCH

$15,778,386 $13,309,012
$386,000 . . . $521,650
. $115,540 . . . . $15,000 . . $803,184
$39,000 . . . $475,000
. $114,000 $15,778,386 $15,778,386

Section 3. Supreme Court. Budget Unit: Supreme Court. Personal Services. .........
Operating Expenses Total Funds Budgeted . State Funds Budgeted ....

$5,201,909 $4,327,809 $1,559,100 $5,886,909 $5,201,909

Section 4. Court of Appeals. Budget Unit: Court of Appeals Personal Services Operating Expenses Total Funds Budgeted...... State Funds Budgeted

$5,819,886 $5,148,259 . . $721,627 $5,869,886 $5,819,886

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 ...........

$48,338,332 $46,965,523 $1,840,926 . . . $157,415
$126,609 . $1,122,075 $50,212,548 $48,338,332

Section 6. Juvenile Courts. Budget Unit: Juvenile Courts

. $911,803

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 ..............................

$647,450 $650,750 $137,700 . $788,450 $647,450

THURSDAY, JANUARY 27, 1994

199

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 .........................

$2,389,352 $1,269,363
$76,500 . . . $41,689
$26,000 $20,000 $12,000
$33,800
. $250,000 $660,000
$2,389,352 $2,389,352

Section 9. Judicial Qualifications Commission. Budget Unit: Judicial Qualifications Commission

. $146,228

Section 10. Indigent Defense Council. Budget Unit: Indigent Defense Council
PART III.
EXECUTIVE BRANCH

$1,000,000

Section 11. Department of Administrative Services.

A. Budget Unit: Department of Administrative Services ............. $34,799,338

Personal Services.............................................. $48,019,713

Regular Operating Expenses.................................... $11,608,912

Travel ....................................................... . $267,300

Motor Vehicle Purchases....................................... . $270,400

Equipment ................................................... $6,389,873

Computer Charges ............................................ $11,507,801

Real Estate Rentals ........................................... . $3,002,947

Telecommunications ........................................... . . $4,829,583

Per Diem, Fees and Contracts ..................................

$540,208

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

$207,000

Telephone Billings

$45,921,502

Radio Billings ............. ..................................

$630,020

Materials for Resale ........................................... $16,500,000

Public Safety Officers Indemnity Fund

$150,000

Health Planning Review Board Operations

$35,000

Total Funds Budgeted

$164,460,759

State Funds Budgeted

$34,799,338

Department of Administrative Services Functional Budgets

Total Funds

State Funds

Executive Administration

1,816,621

550,758

Departmental Administration

2,704,234

2,603,645

Statewide Systems

10,968,692

8,218,692

Space Management

447,122

477,122

Procurement Administration General Services

2,840,463 469,465

2,840,463 --0--

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JOURNAL OF THE SENATE

Central Supply Services Data Processing Services Motor Vehicle Services Communication Services Printing Services Surplus Property Mail and Courier Services Risk Management State Properties Commission Distance Learning and Telemedicine Office of the Treasury Total

$ 17,012,698

$ 53,818,524

$ 3,701,054

$ 58,455,579

$ 5,156,728

$ 1,810,618

$

1,167,099

$ 2,418,406

$

451,548

$

420,641

$

771,267

$ 164,460,759

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

$

1,397,971

Custodial

$ 5,756,661

Maintenance

$ 4,318,271

Security Van Pool

$ 5,744,853

$

383,665

Sales

$ 4,212,947

Administration

$ 11,997,112

Railroad Excursions Facility Renovations

$ 1,776,149

$

--0--

Total

$ 35,587,629

Section 12. Agency for the Removal of Hazardous Materials. Budget Unit: Agency for the Removal of Hazardous Materials Personal Services ........................... Regular Operating Expenses Travel .................................... Motor Vehicle Purchases ..................... Equipment ................................ Computer Charges

$

-- 0--

$ 12,885,843

$

-- 0--

$ 5,850,000

$

-- 0--

$

--0--

$

-- 0--

$

150,000

$

451,548

$

-- 0--

$

771,267

$ 34,799,338

......... $--0-- ...... $19,732,149 ....... $5,483,084 .......... $19,700 ......... $434,500
$221,410 $108,600 .......... $17,500 ....... $158,886 ......... $265,000 .......... $--0-- ....... $8,790,000 ......... $356,800 .......... $--0-- ... $35,587,629 .......... $--0--

State Funds

$

-- 0--

$

-- 0--

$

-- 0--

$

--0--

$

-- 0--

$

-- 0--

$

-- 0--

$

-- 0--

$

-0-

$

-- 0--

$105,478 .......... $86,278
$10,800 ........... $8,000 .......... $--0-- .......... $--0-- .......... $--0--

THURSDAY, JANUARY 27, 1994

201

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

$33,934,417

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 $599,546

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 ........................................... $45,446,176

State Funds Budgeted ........................................... $33,934,417

Department of Agriculture Functional Budgets Total Funds

State Funds

Plant Industry

5,304,280

4,998,280

Animal Industry

6,934,275

6,678,275

Marketing

1,711,995

1,659,995

General Field Forces

3,224,431

3,099,431

Internal Administration

3,442,900

3,053,400

Information and Education Fuel and Measures Consumer Protection Field Forces

2,038,416 2,954,042 7,872,585

2,038,416 2,820,642 4,973,042

Meat Inspection

3,932,620

1,337,482

Major Markets Seed Technology Entomology and Pesticides Total

5,014,258 659,578
2,356,796 45,446,176

1,392,658 --0--
1,882,796 33,934,417

B. Budget Unit: Georgia Agrirama Development Authority Personal Services....................................

.... $--0-- ... $762,957

202

JOURNAL OF THE SENATE

Regular Operating Expenses........................... Travel .............................................. Motor Vehicle Purchases.............................. Equipment Computer Charges ................................... Real Estate Rentals .................................. Telecommunications .................................. Per Diem, Fees and Contracts ......................... Capital Outlay Goods for Resale ..................................... Total Funds Budgeted State Funds Budgeted ...............................

Section 14. Department of Banking and Finance. Budget Unit: Department of Banking and Finance 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 ...............................

Section 15. Department of Children and Youth Services. Budget Unit: Department of Children and Youth Services Personal Services....................................
Regular Operating Expenses Travel ............................................. Motor Vehicle Purchases.............................
Equipment Computer Charges .................................. Real Estate Rentals ................................. Telecommunications ................................. Per Diem, Fees and Contracts ........................ Utilities ............................................
Institutional Repairs and Maintenance Grants to County-Owned Detention Centers Service Benefits for Children Purchase of Service Contracts Capital Outlay ......................................
Total Funds Budgeted State Funds Budgeted ...............................

Children and Youth Services

Functional Budgets Total Funds

Regional Youth Development Centers

21,370,769

Milledgeville State YDC

9,159,988

Augusta State YDC

7,846,318

Atlanta State YDC

4,453,998

Macon State YDC

4,708,877

. . $180,568 .... $8,764 . $23,000 . . $23,324 ... $4,779 . . . $--0-- .... $7,116 .... $7,572
$97,000 . $107,800 $1,222,880 . . . $--0--
$8,301,513 $6,658,535 . . $355,049 . . $331,059 . . $150,623 . . $84,727 . . $350,664 . . $287,100 . . . $76,256 .... $7,500 $8,301,513 $8,301,513
$84,509,207 $58,928,593 $4,276,500 . . . $724,800 . . . $271,480 . . . $312,695
$486,431 $1,313,800 . $673,600 $2,137,800 . $1,979,900 $1,161,600 $2,686,400 $10,832,508
$182,400 $365,000 $86,333,507 $84,509,207
State Funds
20,641,369
8,790,288
7,508,018
4,292,198
4,483,777

THURSDAY, JANUARY 27, 1994

203

Court Services Community Treatment Centers Day Centers Group Homes Purchased Services Runaway Investigation/Interstate Compact Assessment and Classification Youth Services Administration Multi-Service Centers Total

$ 14,490,688 $ 14,490,688

$

3,054,827 $

3,054,827

$

923,200 $

923,200

$

835,331 $

835,331

$ 12,113,518 $ 12,113,518

$

913,656 $

913,656

$

447,415 $

447,415

$ 5,894,922 $ 5,894,922

$

120,000 $

120,000

$ 86,333,507 $ 84,509,207

Section 16. Department of Community Affairs.

Budget Unit: Department of Community Affairs

$21,262,011

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 ...................................... . . $2,099,000

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

State Commission on Natural and Community Service

...... $224,000

Total Funds Budgeted ........................................ . . $53,840,607

State Funds Budgeted ........................................ $21,262,011

Department of Community Affairs Functional Budgets Total Funds

State Funds

Office of Commissioner

$ 17,914,597 $ 16,505,297

Government Management

$

1,477,013 $

1,477,013

Financial Assistance

$ 32,059,570 $

1,050,812

Coordinated Planning

$ 2,389,427 $ 2,228,889

Total

$ 53,840,607 $ 21,262,011

Section 17. Department of Corrections.

A. Budget Unit: Administration, Institutions and Probation ........ . $565,540,860

Personal Services ............................................ $392,768,006

Regular Operating Expenses

$53,665,552

Travel ...................................................... . . . . $1.952.550

204

JOURNAL OF THE SENATE

Motor Vehicle Purchases..................................... Equipment .................................................. Computer Charges .......................................... Real Estate Rentals ......................................... Telecommunications ......................................... Per Diem, Fees and Contracts ................................ Capital Outlay .............................................. Utilities .................................................... Court Costs................................................. County Subsidy ............................................. County Subsidy for Jails ..................................... County Workcamp Construction Grants Central Repair Fund ........................................ Payments to Central State Hospital for Meals ................. Payments to Central State Hospital for Utilities ............... Payments to Public Safety for Meals..........................
Inmate Release Fund Health Services Purchases ................................... Payments to MAG for Health Care Certification ............... University of Georgia--Cooperative Extension Service Contracts Minor Construction Fund .................................... Total Funds Budgeted .......................................
Indirect DOAS Funding ............... Georgia Correctional Industries ............................... State Funds Budgeted ......................................

Departmental Functional Budgets Total Funds

Administration

$ 66,575,252

Institutions and Support

$ 405,088,727

Probation

$ 98,293,176

Total

$ 569,957,155

B. Budget Unit: Board of Pardons and Paroles Personal Services......................... Regular Operating Expenses................ Travel .................................. Motor Vehicle Purchases................... Equipment .............................. Computer Charges ........................ Real Estate Rentals ...................... Telecommunications ....................... Per Diem, Fees and Contracts ............. County Jail Subsidy ....................... Health Services Purchased ................ Total Funds Budgeted .................... State Funds Budgeted ....................

Section 18. Department of Defense. Budget Unit: Department of Defense Personal Services.........................
Regular Operating Expenses Travel .................................. Motor Vehicle Purchases.................. Equipment .............................. Computer Charges

. $3,213,082 $3,785,068 $6,157,139 $5,299,932 $5,208,803 $4,667,815
..... $ 0 . $17,148,012 . $1,375,000
$13,755,000 $4,217,200 . . . . $447,000 . . . . $886,000 $3,766,755 . . $1,331,900 . . . . $444,500 $1,340,000 . $46,831,281 . . . . . $55,000 . . . . $337,260 . $1,304,300 $569,957,155 . . . . $450,000 ..... $ 0 $565,540,860
State Funds
66,072,642
403,966,727
95,501,491
565,540,860
. $37,037,111 . $29,988,895
$1,162,084 .... $691,100 ... $168,000
$164,860 .... $470,772 . $2,543,400 . . . . $813,500 ... $272,500 .... $757,000 ...... $5,000
$37,037,111 . $37,037,111
$4,111,508 $6,896,883 $4,281,541
$21,960 . $13,000 $23,000 $14,100

THURSDAY, JANUARY 27, 1994

205

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

1,575,411

Georgia Air National Guard

4,476,647

Georgia Army National Guard

6,342,174

Total

12,394,232

Section 19. State Board of Education--Department of Education. A. Budget Unit: Department of Education
Operations: Personal Services.......................................... Regular Operating Expenses Travel ................................................... Motor Vehicle Purchases................................... Equipment ............................................... Computer Charges ........................................ Real Estate Rentals ....................................... Telecommunications ....................................... Per Diem, Fees and Contracts .............................. Utilities .................................................. Capital Outlay ............................................
QBE Formula Grants: Kindergarten/Grades 1--3 ................................. Grades 4--8 .............................................. Grades 9--12 ............................................. High School Laboratories .................................. Vocational Education Laboratories .......................... Special Education ......................................... Gifted.................................................... Remedial Education ....................................... Staff Development and Professional Development Media.................................................... Indirect Cost ............................................. Pupil Transportation ...................................... Local Fair Share .......................................... Mid-Term Adjustment Reserve ............................. Teacher Salary Schedule Adjustment .......................
Other Categorical Grants: Equalization Formula.........................'............. Sparsity Grants ........................................... In School Suspension ...................................... Special Instructional Assistance............................. Middle School Incentive ................................... Special Education Low--Incidence Grants
Non-QBE Grants: Education of Children of Low-Income Families .............. Retirement (H.B. 272 and H.B. 1321) ....................... Instructional Services for the Handicapped Tuition for the Multi-Handicapped .........................

....... $4,740 ...... $54,108 ...... $565,900
$519,000 $12,394,232 $4,111,508
State Funds
1,406,863
506,931
2,197,714
4,111,508
$3,238,875,952
$37,141,025 $4,213,220 $1,119,167 . . $117,900 . $451,323 $7,436,402 . $1,474,729 $1,203,382 $14,211,325 . . . $742,880
$50,000
. $753,531,667 . . $715,965,525 . $294,622,175 . $124,613,856
$100,756,134 $275,159,949 $38,022,413 . . $58,760,866 $28,891,019 . . $87,006,632 $596,369,241 $128,898,307 $(614,199,984) . . $78,705,327 . $20,576,794
$142,801,545 $3,609,604 $21,059,624 $51,005,135
. . $56,677,209 ...... $416,000
$186,500,970 $4,950,000 $39,176,572 $2,047,671

206

JOURNAL OF THE SENATE

Severely Emotionally Disturbed ................................. . $36,434,888

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 ................................ $6,996,178

Georgia Learning Resources System ................................ $2,766,212

High School Program ............................................... $17,741,249

Special Education in State Institutions ............................ . $3,991,103

Governor's Scholarships.............................................. $2,702,000

Advanced Placement Exams............................................. $--0--

Job Training Partnership Act .......................................... $--0--

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 ..........................

$14,015,520

Mentor Teachers .......................................... . $1,000,000

Nutrition Education ....................................... ........ $65,000

Advanced Placement Exams................................ . . . . . $1,012,000

Tuition/Postsecondary Options

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

Family Connection Grants ................................. ... $1,325,000

Youth Apprenticeship Grants .............................. ....... $280,272

Total Funds Budgeted ..................................... $3,697,629,028

Indirect DOAS Services Funding ........................... ....... $340,000

State Funds Budgeted ..................................... $3,238,875,952

Education Functional Budgets Total Funds

State Funds

State Administration Instructional Services Governor's Honors Program Administrative Services Special Services

4,125,184 $ 3,832,008

20,546,899 $ 15,545,976

1,161,942 $

1,050,740

19,222,638 $ 14,718,904

6,485,228 $ 3,068,292

Professional Practices Commission Local Programs Georgia Academy for the Blind Georgia School for the Deaf

848,847
3,629,467,675 4,668,237 6,413,189

$

848,847

$ 3,184,904,375

$ 4,479,236

$ 6,221,902

THURSDAY, JANUARY 27, 1994

207

Atlanta Area School for the Deaf Total

$ 4,689,189 $ 3,697,629,028

$ 4,205,672 $ 3,238,875,952

B. Budget Unit: Lottery for Education

$155,421,898

Pre-Kindergarten for 4-year-olds

$37,100,000

Computer Hardware/Software in Classrooms

$32,087,500

Next Generation Schools .......................................... $1,000,000

Distant Learning--Satellite Dishes ................................ $12,304,078

Postsecondary Options

$1,585,221

Educational Technology Centers

$1,236,400

Safe Schools Grant.............................................. $20,000,000

Media Center and Library Equipment

$37,642,500

Model Technology Schools ........................................ $9,764,199

Learning Logic Sites................................................ $924,000

Algebra Classroom ................................................. $753,000

Drug and Anti-Violence Education

$1,025,000

Total Funds Budgeted .......................................... $155,421,898

Lottery Funds Budgeted ........................................ $155,421,898

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................................................ $27,981,977 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 ........................................... $38,304,663 State Funds Budgeted ........................................... $33,596,709

Forestry Commission Functional Budgets Total Funds

State Funds

Reforestation

$ 1,751,234 $

12,157

Field Services

$ 32,475,986 $ 29,675,264

208

JOURNAL OF THE SENATE

General Administration and Support Total

4,077,443 $ 3,909,288 38,304,663 $ 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 Real Estate Rentals ...................... Telecommunications ...................... Per Diem, Fees and Contracts Evidence Purchased Capital Outlay Total Funds Budgeted Total State Funds Budgeted ..............

. . . . . $37,452,988 . $28,334,052 $2,356,685
........ $476,600 ........ $556,160 ........ $546,870 ...... $1,447,900 ...... $1,868,817 ........ $736,060 ........ $653,844 ........ $476,000 ......... $--0-- .... $37,452,988 ..... $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 ........ Personal Services........................ Regular Operating Expenses Travel ................................. Motor Vehicle Purchases................. Equipment ............................. Computer Charges ...................... Real Estate Rentals ..................... Telecommunications Per Diem, Fees and Contracts Cost of Operations ...................... Mansion Allowance ...................... Governor's Emergency Fund Intern Stipends and Travel Art Grants of State Funds ............... Art Grants of Non-State Funds........... Humanities Grant--State Funds Art Acquisitions--State Funds ........... Children and Youth Grants Juvenile Justice Grants Georgia Crime Victims Assistance Program Grants to Local Systems ................. Grants--Local EMA ..................... Grants--Other .......................... Grants--Civil Air Patrol Total Funds Budgeted

.... $28,514,511 .... $13,528,027 ........ $887,342 ........ $281,946 ......... $15,000 ........ $119,531 ........ $637,225 ...... $1,017,399 ........ $308,294 ..... $26,323,753
$3,061,629 $40,000
$6,429,000 $160,000
..... $2,807,357 ........ $511,515 ......... $42,800 . . . . $--0--
.... $290,975 ..... $1,144,625
$100,000 $432,000 ...... $1,044,200 ......... $--0-- ......... $60,000 $59,242,618

THURSDAY, JANUARY 27, 1994

209

Office of the Governor Functional Budgets Total Funds

Governor's Office

$ 9,690,629

Office of Fair Employment Practices

$

876,391

Office of Planning and Budget

$ 5,765,800

Council for the Arts

$ 4,065,036

Office of Consumer Affairs

$ 2,259,010

State Energy Office

$ 24,824,776

Vocational Education Advisory Council

$

362,389

Office of Consumers' Utility Council

$

529,821

Criminal Justice Coordinating Council

$

1,567,702

Children and Youth Coordinating Council

$ 1,755,140

Human Relations Commission

$

267,131

Professional Standards Commission

$ 3,325,260

Georgia Emergency Management Agency

$ 3,691,108

Office of State Olympic Coordination

$

262,425

Total

$ 59,242,618

State Funds

$ 9,690,629

$

770,760

$ 5,765,800

$ 3,217,767

$ 2,259,010

$

304,327

$

94,963

$

529,821

$

485,008

$

499,318

$

267,131

$ 3,325,260

$

1,042,292

$

262,425

$ 28,514,511

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

General Administration and Support Functional Budgets Total Funds

Commissioner's Office

$

893,953 $

Budget Administration

$ 2,005,103 $

Office of Children and Youth

$ 29,079,065 $

Administrative Support Services

$ 23,584,389 $

Facilities Management

$ 5,290,692 $

Administrative Appeals

$

1,907,282 $

$607,831,206
. $52,136,377 . . $1,917,673 . . $1,280,117 . . $1,279,129
. $159,332 $4,666,670 .... $757,614 $1,049,574 ... $650,171 . . . . $244,000 $29,079,065 $30,989,953
$62,500 $942,145 . $13,054,342 $138,268,662 . . . . $412,600 . $83,248,154
State Funds
893,953
2,005,103
23,163,642
22,289,442
4,271,227
1,907,282

210

JOURNAL OF THE SENATE

Regulatory Services--Program Direction and Support

622,716

Child Care Licensing Health Care Facilities Regulation

2,690,000 8,451,757

Fraud and Abuse Financial Services Auditing Services Personnel Administration Indirect Cost Public Affairs Aging Services State Health Planning Agency Total

5,873,156 5,304,949 1,727,862 1,669,404
--0--
452,189 47,188,328
1,527,817 138,268,662

2. Public Health Budget: Personal Services............................................
Regular Operating Expenses Travel ..................................................... Motor Vehicle Purchases..................................... Equipment ................................................. Real Estate Rentals ......................................... Per Diem, Fees and Contracts ................................ Computer Charges .......................................... Telecommunications ......................................... Crippled Children's Benefits.................................. Kidney Disease Benefits ..................................... Cancer Control Benefits ..................................... Benefits for Medically Indigent High-Risk Pregnant Women and
Their Infants ............................................. Family Planning Benefits .................................... Crippled Children's Clinics ...............................
Special Purpose Contracts Purchase of Service Contracts ................................ Grant-In-Aid to Counties .................................... Institutional Repairs and Maintenance Postage ....................................................
Grants for Regional Maternal and Infant Care Total Funds Budgeted .......................................
Indirect DOAS Services Funding State Funds Budgeted .......................................

Public Health Functional Budgets Total Funds

District Health Administration

11,184,858

Newborn Follow-Up Care Dental Health Stroke and Heart Attack Prevention Sickle Cell, Vision and Hearing

1,146,969 1,387,074 1,973,316 3,889,733

High-Risk Pregnant Women and Infants

5,375,597

Sexually Transmitted Diseases Family Planning

2,712,000 7,631,237

612,716
2,690,000
2,102,133
799,017
5,104,949
1,727,862
1,669,404
(9,298,913)
452,189
21,410,331
I,447,817
83,248,154
. $50,462,846 $71,741,494
.... $940,217 .... $14,700
$119,964 . . $1,085,055 . . $4,981,387 ... $673,897 .... $728,910 . $7,933,321 .... $308,000 . $3,200,000
. . . . $960,000 . . $646,222 $656,000 $663,609
. $11,346,416 $87,099,623 $32,100 ... $138,672
.... $747,761 $244,480,194 .... $549,718 $128,625,602
State Funds II,055,183
901,440
1,176,899
1,443,316
3,493,431
5,263,597
308,272
4,447,839

THURSDAY, JANUARY 27, 1994

211

Malnutrition Grant in Aid to Counties Children's Medical Services Emergency Health 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 Early Intervention Public Health--Division Indirect Cost Total

$ 74,084,950

$ 50,928,839

$ 12,906,997

$ 2,897,420

$ 1,769,046

$

604,096

$

886,222

$ 5,532,904

$

998,123

$ 1,340,674

$ 1,893,655

$ 1,040,461

$

496,464

$ 4,219,458

$

826,235

$

288,392

$ 1,582,437

$ 1,778,517

$ 1,010,769

$

934,028

$ 5,148,151

$ 3,479,533

$

544,767

$ 7,522,571

$ 11,237,625

$ 3,066,690

$ 2,916,824

$

172,566

$ 9,070,996

$

--0--

$ 244,480,194

$

-- 0--

$ 50,098,839

$ 7,424,722

$ 1,840,872

$ 1,409,035

$

441,796

$

-- 0--

$ 5,001,208

$

674,510

$

484,680

$

774,438

$ 1,040,461

$

496,464

$ 4,219,458

$

629,010

$

288,392

$ 1,448,836

$ 1,561,221

$

787,951

$

757,935

$ 5,028,151

$ 1,293,370

$

365,318

$ 3,507,852

$

498,834

$ 2,367,088

$ 1,862,724

$

155,251

$ 6,980,047

$ (902,838)

$ 128,625,602

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

...... $66,313,300 $11,161,446
......... $832,419 .......... $58,090
$536,650 ....... $3,941,330 ....... $7,617,222
$1,776,686 ....... $1,474,049 ...... $23,864,781 .......... $27,000 ......... $675,500 ....... $8,785,767 ......... $204,550

212

JOURNAL OF THE SENATE

Utilities ............................... Postage ............................... Total Funds Budgeted .................. Indirect DOAS Services Funding ........ State Funds Budgeted ..................

. . . . $903,615 ........ $757,502
$128,929,907 ........ $100,000
$21,496,200

Rehabilitation Services Functional Budgets Total Funds

District Field Services

$ 42,476,278

Independent Living

$

654,036

Sheltered Employment

$ 1,665,376

Community Facilities

$ 7,928,747

State Rehabilitation Facilities

$ 7,139,556

Diversified Industries of Georgia

$

1,032,121

Program Direction and Support

$ 3,216,353

Grants Management

$

684,795

Disability Adjudication

$ 31,224,471

Georgia Factory for the Blind

$ 12,009,161

Roosevelt Warm Springs Institute

$ 20,899,013

Total

$ 128,929,907

State Funds

$ 8,962,555

$

435,751

$

801,402

$ 3,076,651

$ 1,379,086

$

-- 0--

$ 1,069,706

$

684,795

$

-- 0--

$

797,378

$ 4,288,876

$ 21,496,200

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 .................

...... $39,999,257 ....... $3,486,022 ......... $693,773 .......... $--0-- ......... $401,834 ....... $2,335,235 ...... $12,776,471 ...... $24,716,192
$4,104,182 ....... $1,049,584 .... $463,518,044 ....... $3,891,738 ..... $149,277,422 ...... $17,138,657 ....... $3,387,972 .... $246,997,247 ..... $973,773,630 ....... $2,565,582 ..... $374,461,250

Family and Children Services Functional Budgets Total Funds

State Funds

Director's Office Social Services Administrative Support Quality Assurance Community Services Field Management

$

392,892 $

$ 3,824,334 $

$ 5,678,165 $

$ 3,598,230 $

$ 11,652,203 $

$ 1,190,322 $

392,892 3,446,150 4,488,492 3,598,230
976,682 1,190,322

Human Resources Management

$

1,894,341 $

1,721,525

THURSDAY, JANUARY 27, 1994

213

Public Assistance

27,380,743 $ 11,881,702

Child Support Recovery

44,182,442 $

1,546,509

AFDC Payments

448,605,984 $ 168,810,220

SSI--Supplemental Benefits

100 $

100

Refugee Programs

2,799,421 $

--0--

Energy Benefits

12,966,539 $

--0--s

County DFACS Operations--Eligibility

100,011,024 $ 49,857,397

County DFACS Operations--Social Services

75,106,050 $ 28,077,496

Food Stamp Issuance

2,907,954 $

--0--

County DFACS Operations--Homemakers Services

7,438,487 $ 2,007,560

County DFACS Operations--Joint and Administration

$ 55,398,305 $ 26,220,868

County DFACS Operations--Employability Program

$ 9,043,381 $ 3,393,534

Employability Benefits

$ 20,975,278 $ 8,519,151

Legal Services

$ 2,884,770 $ 2,262,574

Family Foster Care

$ 31,797,658 $ 20,727,528

Institutional Foster Care

$ 6,152,820 $ 4,690,725

Specialized Foster Care

$ 2,261,063 $ 2,117,072

Adoption Supplement

$ 6,903,437 $ 5,373,591

Prevention of Foster Care

$ 6,468,139 $ 4,232,335

Day Care

$ 79,617,904 $ 23,669,455

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

$ 973,773,630 $ 374,461,250

Budget Unit Object Classes: Personal Services.......................
Regular Operating Expenses Travel ................................ Motor Vehicle Purchases................ Equipment ............................ Real Estate Rentals .................... Per Diem, Fees and Contracts Computer Charges Telecommunications .................... Crippled Children's Benefits Kidney Disease Benefits Cancer Control Benefits Benefits for Medically Indigent High-Risk Pregnant Women and
Their Infants ........................ Family Planning Benefits Case Services .......................... E.S.R.P. Case Services Crippled Children's Clinics Children's Trust Fund

$208,911,780 $88,306,635 ... $3,746,526 $1,351,919 . . . . $1,217,780 . . $12,028,290 $26,132,694 $28,216,349 ... $6,957,312 . . . . $7,933,321
$308,000 $3,200,000
$960,000 . . . . . $646,222 . . $23,864,781 ....... $27,000
$656,000 $1,049,584

214

JOURNAL OF THE SENATE

Cash Benefits .............................................. Special Purpose Contracts ................................. Service Benefits for Children ............................... Purchase of Service Contracts .............................. Grant-In-Aid to Counties ................................... Institutional Repairs and Maintenance ...................... Utilities .................................................. Postage .................................................. Payments to DMA-Community Care ........................ Grants for Regional Maternal and Infant Care ............... Grants to County DFACS--Operations

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 .................................................. 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 .....................................

Community Mental Health/Mental Retardation and Institutional Function Budgets Total Funds

Southwestern State Hospital

45,313,525

Brook Run

31,870,738

Georgia Mental Health Institute

33,177,775

Georgia Regional Hospital at Augusta

25,115,953

Northwest Regional Hospital at Rome

29,120,564

Georgia Regional Hospital at Atlanta

31,250,865

Central State Hospital

140,211,629

Georgia Regional Hospital at Savannah

25,704,298

Gracewood State School and Hospital

48,563,451

West Central Georgia Regional Hospital

23,948,581

Outdoor Therapeutic Program

3,558,236

Mental Health Community Assistance

10,485,040

Mental Retardation Community Assistance

3,944,924

Day Care Centers for Mentally Retarded

69,149,590

Supportive Living

25,871,762

$463,518,044 . $5,474,847 $178,356,487
$68,260,793 . $87,099,623 ... $299,150
. $903,615 $5,226,291 $13,054,342 .... $747,761 $246,997,247
$429,112,842 $349,144,797 $37,721,253 . $307,883 .... $472,300 . $1,792,761 . . $4,542,036 ... $252,637 . $2,370,833 . . $8,765,793 . $11,745,300 . . $1,722,000 . $47,031,391 . $88,375,838 . $26,217,774 . $57,780,094 ... $294,118 $638,536,808
$2,404,100 $429,112,842
State Funds
25,099,622
13,659,638
26,175,994
20,565,950
20,461,660
23,518,502
84,594,931
19,354,776
23,995,951
19,093,912
2,677,959
10,375,631
2,940,782
32,830,332
21,752,242

THURSDAY, JANUARY 27, 1994

215

Georgia State Foster Grandparents/Senior Companion Program
Project Rescue Drug Abuse Contracts Community Mental Health Center Services Project ARC Metro Drug Abuse Centers Group Homes for Autistic Children Project Friendship Community Mental Retardation Staff Community Mental Retardation Residential
Services Contract with Clayton County Board of
Education for Autistic Children MH/MR/SA Administration Total

744,911 525,474 1,116,768 57,780,094 382,273 1,537,971 285,960 346,012 4,180,909
13,471,232
93,600 10,784,673 638,536,808

$

744,911

$

525,474

$ 1,116,768

$ 53,019,300

$

382,273

$ 1,342,471

$

285,960

$

346,012

$ 4,180,909

$ 13,471,232

$

93,600

$ 6,506,050

$ 429,112,842

Section 25. Department of Industry, Trade and Toluurriism. Budget Unit: Department of Industry, Trade and Tourism Personal Services........................ Regular Operating Expenses Travel ................................. Motor Vehicle Purchases................. Equipment ............................. Computer Charges Real Estate Rentals ..................... Telecommunications ..................... Per Diem, Fees and Contracts ............ Local Welcome Center Contracts Advertising and Cooperative Advertising Georgia Ports Authority Lease Rentals Foreign Currency Reserve Southern Center for International Studies Waterway Development in Georgia Lanier Regional Watershed Commission Capital Outlay .......................... Total Funds Budgeted State Funds Budgeted ...................

$16,733,694 . $8,135,852 . $1,401,008 . . $290,000 . . . . $22,000 . . $61,800 . , $102,452 . . . $914,597 . . . $217,629 . . . $650,836 . . . $139,100
$4,487,723 . $1,445,000 . . . . $69,297 ... $--0-- .... $--0-- ... $--0-- .... $--0-- $17,937,294 $16,733,694

n Functional Budgets

Total Funds

State Funds

Administration

8,457,472 $ 7,633,872

Economic Development

4,061,418 $ 3,901,418

Trade

895,143 $

895,143

Tourism

4,523,261 $ 4,303,261

Total

17,937,294 $ 16,733,694

Section 26. Department of Insurance. Budget Unit: Department of Insurance Personal Services................... Regular Operating Expenses Travel ............................

$14,263,632 $12,464,264 . . . $706,912 . . . $394,214

216

JOURNAL OF THE SENATE

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

Fire Safety and Mobile Home Regulations

4,463,186

Total

15,255,007

Section 27. Department of Labor. Budget Unit: Department of Labor Personal Services.................... Regular Operating Expenses Travel ............................. Motor Vehicle Purchases............. Equipment ......................... Computer Charges .................. Real Estate Rentals ................. Telecommunications ................. Per Diem, Fees and Contracts (JTPA) Per Diem, Fees and Contracts ........ W.I.N. Grants ...................... Payments to State Treasury.......... Capital Outlay ......................
Total Funds Budgeted State Funds Budgeted

Department of Labor Functional Budget Total Funds

Executive Offices/Administrative Services

26,323,387

Employment and Training Services Total

136,047,570 162,370,957

Section 28. Department of Law. Budget Unit: Department of Law Personal Services .............. Regular Operating Expenses Travel ........................ Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals ............ Telecommunications Per Diem, Fees and Contracts Books for State Library Total Funds Budgeted State Funds Budgeted

... $72,000 $88,320 $409,010
. $594,262 . . . . $286,025
$240,000 ..... $--0--
$15,255,007 $14,263,632
State Funds
4,465,139
5,876,354
450,328
3,471,811
14,263,632
$6,082,059 . $65,485,271
$5,121,799 $1,060,000 ..... $--0--
$470,064 $8,650,000 $2,184,981 . . $1,133,232 $69,282,639 $2,938,892 ..... $--0-- . $1,774,079 $4,270,000 $162,370,957 $6,082,059
State Funds
3,233,950
2,848,109
6,082,059
. . $9,257,126 . . $8,472,186
$478,000 $110,000 ... $--0-- $28,640 $161,935 $412,920 $114,312 $60,000 $140,000 $9,977,993 $9,257,126

THURSDAY, JANUARY 27, 1994

Section 29. Department of Medical Assistance. A. Budget Unit: Medicaid Services ........................
Personal Services...................................... Regular Operating Expenses Travel ............................................... Motor Vehicle Purchases............................... Equipment ........................................... Computer Charges .................................... Real Estate Rentals ................................... Telecommunications ................................... Per Diem, Fees and Contracts Medicaid Benefits, Penalties and Disallowances Payments to Counties for Mental Health Audit Contracts ....................................... SPY 1993 Medicaid Benefits, Penalties and Disallowances Total Funds Budgeted ................................. State Funds Budgeted .................................

Medical Assistance Functional Budgets Total Funds

Commissioner's Office

64,211,129

Benefits, Penalties and Disallowances

2,953,633,446

Community Services

920,051

Systems Management

21,008,405

Professional Services

3,911,751

Program Compliance

4,105,894

Financial and Hospital Reimbursement

1,502,715

Maternal and Child Health

454,804

Nursing Home Reimbursement

599,591

Nursing Home and Hospital Policy

7,633,925

Total

3,057,981,711

B. Budget Unit: Indigent Trust Fund................... Equipment ........................................ Per Diem, Fees and Contracts ....................... Benefits ........................................... Total Funds Budgeted .............................. State Funds Budgeted ..............................

Section 30. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel Administration Personal Services................................... Regular Operating Expenses Travel ............................................ Equipment ........................................ Real Estate Rents .................................. Per Diem, Fees and Contracts Computer Charges Telecommunications ................................ Health Insurance Payments Total Funds Budgeted .............................. Other Agency Funds................................ Agency Assessments ................................ Employee and Employer Contributions

217
$1,054,126,103 . $13,144,544 $3,895,193
...... $155,400 ....... $--0-- ....... $72,289
$19,391,681 ...... $581,812 ...... $425,000 . $65,909,846 . $2,845,729,138 . $50,530,241 ...... $772,500 . . . $57,374,067 $3,057,981,711 $1,054,126,103
State Funds
3,946,695
1,035,879,100
358,638
5,636,925
1,815,822
1,544,416
726,309
160,254
299,631
3,758,313
1,054,126,103
$139,118,799 $40,000
$23,539,346 . . $338,821,517
$362,400,863 . $139,118,799
..... $--0-- . . $8,524,141 . $1,683,552 ..... $82,440
... $37,818 .... $908,271 $111,873,969 . . $3,067,474 .... $283,698 $737,540,729 $864,002,092
$84,121 $10,045,611 $853,724,516

218

JOURNAL OF THE SENATE

Deferred Compensation State Funds ..........

Merit System Functional Budgets Total Funds

Commissioner's Office

1,669,568

Applicant Services

2,548,053

Classification and Compensation

1,269,456

Flexible Benefits

1,323,619

Employee Training and Development

1,340,624

Health Insurance Administration

31,829,272

Health Insurance Claims

820,970,637

Internal Administration

3,050,863

Total

864,002,092

Section 31. Department of Natural Resources. A. Budget Unit: Department of Natural Resources
Operations Budget: Personal Services................................
Regular Operating Expenses........................ Travel ........................................... Motor Vehicle Purchases........................... Equipment ....................................... Real Estate Rentals ............................... Per Diem, Fees and Contracts ...................... Computer Charges ................................ Telecommunications ............................... Authority Lease Rentals ........................... Advertising and Promotion ......................... Cost of Material for Resale ........................
Capital Outlay: New Construction ...............................
Repairs and Maintenance .......................... Land Acquisition Support.......................
Wildlife Management Area Land Acquisition Shop Stock--Parks ................................ User Fee Enhancements .......................... Buoy Maintenance Waterfowl Habitat ............................... Paving at State Parks and Historic Sites Grants:
Land and Water Conservation Environmental Facilities .......................... Historic Preservation ............................. Recreation ....................................... Contracts:
Georgia Special Olympics Technical Assistance Contract ................... Corps of Engineers (Cold Water Creek State Park) . Georgia Rural Water Association Georgia State Games Commission U. S. Geological Survey for Ground Water Resources U.S. Geological Survey for Topographic Mapping Hazardous Waste Trust Fund .....................

$147,844 . $--0--
State Funds --0--
--0--
--0--
--0--
--0--
--0--
--0--
--0--
--0--
. $71,576,963
. $63,473,390 $12,190,998
.... $438,800 . . $1,798,081
$2,694,960 . . $2,312,141 . $2,413,221
$968,200 . . $1,057,187 ... $190,000 .... $150,000 . . $2,450,000
. . $1,056,960 . . $2,190,000 ... $225,000 ... $700,000 . . . . $300,000 . . $1,300,000 ..... $30,000 ..... $--0-- .... $400,000
. . . . $800,000 .... $--0-- .... $234,330 .... $400,000
$50,000 .... $106,513
$170,047 .... $80,000 ... $130,725
$300,000 . $--0-- $4,300,000

THURSDAY, JANUARY 27, 1994

219

Solid Waste Trust Fund .......................................... $3,000,000

Payments to Mclntosh County ....................................... $50,000

Payments to Georgia Agricultural Exposition Authority

$2,333,254

Georgia Boxing Commission ........................................... $5,000

Total Funds Budgeted .......................................... $108,298,807

Receipts from Jekyll Island State Park Authority

$514,350

Receipts from Stone Mountain Memorial Association ................ $2,708,177

Receipts from Lake Lanier Islands Development Authority

$3,362,900

Receipts from North Georgia Mountain Authority ..................... $492,127

Indirect DOAS Funding ............................................ $200,000

State Funds Budgeted ........................................... $71,576,963

Department of Natural Resources Functional Budgets Total Funds

State Funds

Internal Administration Parks, Recreation and Historic Sites

$ 6,498,800 3> 6,498,800 $ 37,569,099 35 15,017,760

Coastal Resources

$ 2,228,832 5i 2,117,926

Wildlife Resources Environmental Protection

$ 29,451,447 3J 25,159,532 $ 31,922,429 3> 22,179,745

Pollution Prevention Program

$

628,200 3i

603,200

Total

$ 108,298,807 3> 71,576,963

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
--0--

Section 32. Department of Public Safety. A. Budget Unit: Department of Public Safety
1. Operations Budget: Personal Services........................... Regular Operating Expenses................. Travel .................................... Motor Vehicle Purchases.................... Equipment ................................ Computer Charges ......................... Real Estate Rentals ........................ Telecommunications Per Diem, Fees and Contracts State Patrol Posts Repairs and Maintenance Capital Outlay ............................. Total Funds Budgeted Indirect DOAS Service Funding

. $86,604,705
$52,115,047 . $7,182,070 . . . $117,800 . $3,265,000 . $483,695
$3,516,000 .... $7,400 . $908,000 . . . $367,150
$150,000 ... $50,000 $68,162,162
$1,650,000

220

JOURNAL OF THE SENATE

State Funds Budgeted 2. Driver Services Budget:
Personal Services.......................... Regular Operating Expenses Travel ................................... Motor Vehicle Purchases................... Equipment ............................... Computer Charges ........................ Real Estate Rentals ....................... Telecommunications ....................... Per Diem, Fees and Contracts .............. Capital Outlay ............................ Conviction Reports ........................ State Patrol Posts Repairs and Maintenance Driver License Processing Total Funds Budgeted Indirect DOAS Service Funding State Funds Budgeted .....................

Public Safety Functional Budgets Total Funds

Administration

$ 18,757,970

Driver Services

$ 20,092,543

Field Operations

$ 49,404,192

Total

$ 88,254,705

$66,512,162
$16,141,663 $1,820,500 ..... $4,800 .... $--0--
$106,380 .... $--0-- ... $53,300 . . $287,500 . . $190,000 .... $--0-- . $290,000 . . . . $30,000
$1,168,400 $20,092,543 .... $--0-- $20,092,543
State Funds
17,257,970
20,092,543
49,254,192
86,604,705

B. Budget Unit: Units Attached for Administrative Purposes Only . . $13,576,666

1. Attached Units Budget:

Personal Services................................................. $7,071,055

Regular Operating Expenses

$2,596,360

Travel ............................................................. $87,300

Motor Vehicle Purchases............................................. $54,500

Equipment ........................................................ $150,250

Computer Charges ................................................. $339,000

Real Estate Rentals ................................................. $99,105

Telecommunications ................................................ $138,350

Per Diem, Fees and Contracts ....................................... $620,100

Peace Officer Training Grants ..................................... $3,219,460

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

Total Funds Budgeted ........................................... $14,375,480

State Funds Budgeted ........................................... $13,288,480

2. Office of Highway Safety Budget:

Personal Services................................................... $403,459

Regular Operating Expenses

$25,430

Travel .............................................................. $9,828

Motor Vehicle Purchases............................................. $--0--

Equipment .......................................................... $1,500

Computer Charges .................................................. $36,000

Real Estate Rentals ................................................. $80,524

Telecommunications .................................................. $3,800

Per Diem, Fees and Contracts ......................................... $7,500

Highway Safety Grants

$3,500,000

Total Funds Budgeted ............................................ $4,068,041

State Funds Budgeted .............................................. $288,186

THURSDAY, JANUARY 27, 1994

221

Attached Units Functional Budgets Total Funds

Office of Highway Safety

4,068,041

Georgia Peace Officers Standards and Training

5,241,255

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

18,443,521

State Funds

$

288,186

$

5,241,255

$

986,451

$

1,035,035

$

453,133

$ 5,572,606

$ 13,576,666

Section 33. Public School Employees' Retirement System.

Budget Unit: Public School Employees' Retirement System

$9,629,000

Payments to Employees' Retirement System

... $479,000

Employee Contributions ....................................... $9,150,000

Total Funds Budgeted ......................................... $9,629,000

State Funds Budgeted ......................................... . $9,629,000

Section 34. Public Service Commission.

Budget Unit: Public Service Commission .......................... . . $8,446,162

Personal Services. ............................................. . . $6,470,845

Regular Operating Expenses.................................... .... $457,828

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
$ 1,734,016 $ 3,229,158 $ 5,403,392 $ 10,366,566

State Funds

$

1,734,016

$ 1,478,654

$ 5,233,492

$ 8,446,162

Section 35. Board of Regents, University System of Georgia.

A. Budget Unit: Resident Instruction .............................. $888,613,093

Personal Services:

Educ., Gen., and Dept. Svcs.

$977,858,500

Sponsored Operations ......................................... $120,000,000

Operating Expenses:

Educ., Gen., and Dept. Svcs.

$215,738,044

Sponsored Operations

$140,000,000

Special Funding Initiative

. $9,458,094

Office of Minority Business Enterprise

$336,138

Special Desegregation Programs

. . . . $334,702

Forestry Research ............................................. . . . . $313,687

Research Consortium .......................................... $8,100,000

Capital Outlay ................................................

$300,000

222

JOURNAL OF THE SENATE

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

. $1,472,439,165

Departmental Income...................................

$35,000,000

Sponsored Income......................................

. $260,000,000

Other Funds ...........................................

. . $285,798,772

Indirect DOAS Services Funding ........................

. . . . $3,027,300

State Funds Budgeted ..................................

$888,613,093

B. Budget Unit: Regents Central Office and Other Organized

Activities.............................................

. $146,251,706

Personal Services:

Educ., Gen., and Dept. Svcs. ............................

. $240,503,812

Sponsored Operations ..................................

. . . $68,545,719

Operating Expenses:

Educ., Gen., and Dept. Svcs. ..........................

. $123,313,873

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

.......... $2,412,495

Residency Capitation Grants

$2,700,999

Student Preceptorships .......... ....................:.. ............ $146,403

Mercer Medical School Grant ........................... .......... $5,947,000

Morehouse School of Medicine Grant .................... .......... $4,706,000

Capital Outlay

............. $50,000

Center for Rehabilitation Technology .................... .......... $2,154,439

SREB Payments ....................................... .......... $5,674,550

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 ....................................... .......... $7,475,339

Total Funds Budgeted.................................. ........ $512,958,618

Departmental Income................................... ............. $--0--

Sponsored Income ................

...... $113,196,449

Other Funds ........................................... ........ $252,954,763

Indirect DOAS Services Funding ........................ ............ $555,700

State Funds Budgeted .................................. ........ $146,251,706

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

Medical College of Georgia Hospital and Clinics

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

THURSDAY, JANUARY 27, 1994

Joint Board of Family Practice Georgia Radiation Therapy Center Athens and Tifton Veterinary Laboratories Regents Central Office Total

16,724,460 2,719,756 7,208,497 21,097,262 512,958,618

C. Budget Unit: Georgia Public Telecommunications Commission Personal Services.......................................... Operating Expenses Total Funds Budgeted ................................. Other Funds .............................................. State Funds ..............................................

D. Budget Unit: Lottery for Education ........................ Equipment, Technology and Construction Trust Fund Capital Outlay--GPTV ................................... Distant Learning--Satellite Dishes .......................... Research Consortium--Equipment Equipment--Vocational Instruction Computer Labs--Vocational Instruction Educational Technology Centers Equipment--GMC ........................................ Total Funds Budgeted ..................................... Lottery Funds Budgeted ...................................

Section 36. Department of Revenue. Budget Unit: Department of Revenue Personal Services.......................................... Regular Operating Expenses Travel ................................................... Motor Vehicle Purchases................................... Equipment ......................................... ... Computer Charges ........................................ Real Estate Rentals ....................................... Telecommunications ....................................... Per Diem, Fees and Contracts County Tax Officials/Retirement and FICA Grants to Counties/Appraisal Staff ......................... Motor Vehicle Tags and Decals.......................

Total Funds Budgeted .................................... Indirect DOAS Services Funding .......................... State Funds Budgeted ....................................

Department of Revenue Functional Budgets Total Funds

Departmental Administration

$ 6,627,279

Internal Administration

$ 10,411,609

Electronic Data Processing

$ 8,624,303

Field Services

$ 16,311,515

Income Tax Unit

$ 7,242,075

Motor Vehicle Unit

$ 17,295,515

Central Audit Unit

$ 6,900,939

Property Tax Unit

$ 4,056,399

223
16,724,460 --0--
51,524
20,995,447
146,251,706
... $--0-- . $6,797,618
$9,001,343 $15,798,961 $15,798,961 .... $--0--
$22,661,512 $17,700,000 . $2,021,512 . . . $400,000 ... $--0-- . $2,000,000 . . . $240,000 . . $200,000
$100,000 $22,661,512 $22,661,512
. $79,781,390 . $53,437,611 . . $4,420,138 . . $1,368,174 .... $37,800
$873,551 $11,133,750 $2,628,155 .... $750,491 ... $770,376 $3,132,300
$--0-- $2,439,610 . . $3,400,704 $84,392,660 . $3,845,000 . $79,781,390
State Funds
6,627,279
10,211,609
7,809,103 16,011,515
6,542,075
15,995,515
6,900,939 3,090,129

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Sales Tax Unit State Board of Equalization Taxpayer Accounting Total

$ 3,930,440

$

46,000

$ 2,946,586

$ 84,392,660

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

$ 3,288,085

Archives and Records

$ 4,366,936

Business Services and Regulation

$ 4,567,374

Elections and Campaign Disclosure

$ 1,592,072

Drugs and Narcotics

$

972,111

State Ethics Commission

$

291,164

State Examining Boards

$ 9,166,510

Total

$ 24,244,252

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 $ 1,820,481

Section 38. Soil and Water Conservation Commission. Budget Unit: Soil and Water Conservation Commission Personal Services. ................... Regular Operating Expenses Travel ............................. Motor Vehicle Purchases .............

$ 3,600,640

$

46,000

$ 2,946,586

$ 79,781,390

. . . . $23,365,252 .... $15,429,769 ..... $2,537,914 ....... $216,350 ....... $154,064
$179,667 ..... $1,217,775 ..... $2,344,377 ....... $323,686 . . . . . $1,140,650
$700,000 . . . . $24,244,252
. $23,365,252

State Funds

$ 3,258,085

$ 4,291,936

$ 3,967,374

$ 1,572,072

$

918,111

$

291,164

$ 9,066,510

$ 23,365,252

. . . . . $1,820,481 ... $1,093,946 ....... $162,600 ........ $16,000 ........ $11,000
$16,850 ....... $247,455 ....... $113,700 ........ $26,180 ....... $132,750 ... $1,820,481
$1,820,481

Cost of Operations
$ 1,860,481

... $1,849,742 ....... $967,302
$176,755 ........ $45,000 ........ $35,556

THURSDAY, JANUARY 27, 1994

225

Equipment .................................................... Computer Charges ............................................. Real Estate Rentals ............................................ Telecommunications ............................................ Per Diem, Fees and Contracts ................................... County Conservation Grants .................................... Total Funds Budgeted .......................................... State Funds Budgeted ..........................................

. . . $12,000 .... $7,850 . $59,000 . $17,520 . $837,150 . $424,000 $2,582,133 $1,849,742

Section 39. Student Finance Commission.

A. Budget Unit: Student Finance Commission

$26,926,367

Personal Services............................................... . $4,719,120

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..................................... $18,561,740

Student Incentive Grants ....................................... . $5,003,940

Law Enforcement Personnel Dependents' Grants .................. ... $38,000

North Georgia College ROTC Grants

$79,500

Osteopathic Medical Loans...................................... $160,000

Georgia Military Scholarship Grants

$543,740

Paul Douglas Teacher Scholarship Loans

$425,000

Total Funds Budgeted.......................................... $34,689,711

State Funds Budgeted .......................................... $26,926,367

Georgia Student Finance Commission Functional Budgets Total Funds

Internal Administration Higher Education Assistance Corporation

5,290,602 --0--

Georgia Student Finance Authority

28,887,920

Georgia Nonpublic Postsecondary Education Commission

511,189

Total

34,689,711

State Funds
--0-- 26,415,178
511,189 26,926,367

B. Budget Unit: Lottery for Education Hope Financial Aid Tuition Equalization Grants Total Funds Budgeted .................. Lottery Funds Budgeted

$47,816,789 $42,116,797
$5,699,992 $47,816,789 $47,816,789

Section 40. Teachers' Retirement System. Budget Unit: Teachers' Retirement System Personal Services....................... Regular Operating Expenses Travel ................................ Motor Vehicle Purchases................ Equipment ............................
Computer Charges

$3,800,000 $3,487,893
$347,750 . $26,650 . . . $--0--
$12,400 $1,000,569

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Real Estate Rentals ...................................... Telecommunications ...................................... Per Diem, Fees and Contracts ............................. Retirement System Members .............................. Floor Fund for Local Retirement Systems .................. Total Funds Budgeted .................................... State Funds Budgeted ....................................

Section 41. Department of Technical and Adult Education. A. Budget Unit: Department of Technical and Adult Education
Personal Services......................................... Regular Operating Expenses............................... Travel .................................................. Motor Vehicle Purchases.................................. Equipment .............................................. Computer Charges ....................................... Real Estate Rentals ...................................... Telecommunications ...................................... Per Diem, Fees and Contracts ............................. Personal Services-Institutions ............................. Operating Expenses-Institutions ........................... Capital Outlay ........................................... Quick Start Program ..................................... Area School Program ..................................... Regents Program......................................... Adult Literacy Grants .................................... Total Funds Budgeted .................................... State Funds Budgeted ....................................

Administration Institutional Programs Total

Functional Budgets
$ $ $

Total Funds 5,849,832
159,453,937 165,303,769

B. Budget Unit: Lottery for Education .......... Special Education Equipment Distant Learning--Satellite Dishes Computer Hardware and Software Capital Outlay--Computer Labs Capital Outlay--Adult Literacy Equipment--State Schools .................. Equipment--Area Schools Total Funds Budgeted ...................... Lottery Funds Budgeted .....................

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

. . $451,185 . $70,000 $365,500
$3,200,000 . $600,000 $9,561,947 $3,800,000
$134,636,691 . . $3,711,713
. $368,013 ... $108,250 ..... $--0--
$15,000 . . . . $566,826
$339,900 . . . . $135,630
. $604,500 . $92,546,076
$19,142,056 . . . . $915,000
$6,792,561 $23,995,460 $2,660,920 $13,401,864 $165,303,769 $134,636,691
State Funds
4,042,037
130,594,654
134,636,691
. $25,981,000 . . . . $200,000
. $439,000 $2,818,000 . . $2,544,000 . $3,480,000 $14,500,000 $2,000,000 $25,981,000 $25,981,000
$452,551,435 $229,719,857 $59,346,345
$1,497,590 $1,000,000 . . $5,224,774 $5,167,513 $1,343,274 $2,235,365

THURSDAY, JANUARY 27, 1994

227

Per Diem, Fees and Contracts .................................... $47,353,845

Capital Outlay ................................................. $660,539,177

Capital Outlay--Airport Approach Aid and Operational

Improvements ................................................. $1,024,100

Capital Outlay--Airport Development.............................. $1,167,500

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 .................

. $1,030,588,521

State Funds Budgeted .................

... $452,551,435

Department of Transportation Functional Budgets

Motor Fuel Tax Budget

Total Funds

State Funds

Planning and Construction

$ 744,103,775 $ 193,592,346

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

$ 1,008,114,587 $ 445,223,158

General Funds Budget

$ Total Funds $ State Funds

Paving at State and Local Schools and State

Institutions

$

--0-- $

--0--

Air Transportation

$ 1,519,316 $ 1,159,316

Inter-Modal Transfer Facilities

$ 20,274,618 $ 5,488,961

Harbor/Intra-Coastal Waterways Activities

$

680,000 $

680,000

Total

$ 22,473,934 $ 7,328,277

Section 43. Department of Veterans Service

Budget Unit: Department of Veterans Service

$22,516,171

Personal Services ......................

....... $4,583,344

Regular Operating Expenses ............

$112,500

Travel ...............................

.......... $71,200

Motor Vehicle Purchases ...............

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

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

......... $84,000

Computer Charges ....................

........... $7,300

Real Estate Rentals ...................

......... $236,000

Telecommunications ...................

...... $56,500

Per Diem, Fees and Contracts ..........

.......... $23,000

Operating Expense/Payments to Central State Hospital ....... ...... $16,284,845

Operating Expense/Payments to Medical College of Georgia ....... $6,460,100

Regular Operating Expenses for Projects and Insurance ....... ........ $719,000

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

..... $28,637,789

State Funds Budgeted .................

...... $22,516,171

Veterans Service Functional Budgets Total Funds

Veterans Assistance

$ 5,103,344

Veterans Home and Nursing Facility -- Milledgeville

$ 16,498,145

Veterans Nursing Home--Augusta

$ 7,036,300

Total

$ 28,637,789

State Funds $ 4,843,729
$ 12,504,343 $ 5,168,099 $ 22,516,171

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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 ............................................ $9,758,303
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)................................. $378,056,376 Motor Fuel Tax Funds (Issued) ............. $54,700,000
$432,756,376
B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund State General Funds (New) .................................... $4,834,080 Motor Fuel Tax Funds (New) ..................................... $--0-- 4,834,080
Section 46. Provisions Relative to Section 3, Supreme Court. The appropriations in Section 3 (Supreme Court) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (deci sions) of the appellate courts to Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts.
Section 47. Provisions Relative to Section 4, Court of Appeals. The appropriations in Section 4 (Court of Appeals) of this Act are for the cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for judges and employ ees of the Court.
Section 48. Provisions Relative to Section 5, Superior Court. 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 starring 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

THURSDAY, JANUARY 27, 1994

229

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 can be developed. All radio equipment purchases shall require the approval of the Office of Plan ning and Budget.
The Department of Administrative Services is directed to assume responsibility for the development of the Department of Human Resources' social services computer system.
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 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 1994.
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

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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.
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 29-2-160 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

THURSDAY, JANUARY 27, 1994

231

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.
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

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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.
The Department is authorized to use existing funds to provide partial funding to con tract for the replacement of the PARIS system.
In addition to the above appropriation for the Department of Human Resources, the Department is authorized to utilize additional available resources to move 30 mentally re tarded clients from hospitals to community residential settings.
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 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.

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233

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 pro grams and to provide initial support for the development (as approved by the Board of Regents) of regional universities.
Provided, that of the above amount, $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, $17,700,000 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 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.

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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.
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)(l), O.C.G.A., the Department is authorized to transfer position counts between

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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 $499,923,158 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 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.

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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 chairman 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 refunds 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.
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 1994 Regular Session, except as provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs and activities sub ject to the conditions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatso ever shall be transferred between object classes without the prior approval of at least eleven members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expendi tures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments prop erly approved by the Director of the Budget.
(b.) (1.) For purposes of this section, the term "common object classes" shall include

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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 available 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), $3,538,080 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 $36,855,000 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), $1,296,000 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.
Section 82. TOTAL STATE FUND APPROPRIATIONS State Fiscal Year 1994 .......................................... $9,201,886,925
Section 83. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 84. All laws and parts of laws in conflict with this Act are repealed."

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Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senators Gochenour of the 27th, Glanton of the 34th, McGuire of the 30th et al. offered the following amendment:
Amend the committee substitute to HB 1296 by (Removing from) the State funds budgeted for the Dept. of Human Resources "A" Budget Unit on Page 24, line 32 in Section 24 the figure $171,000. And by (Decreasing) the object classes for the Family Planning Ac tivity as listed below:

Page Line & Page Line

Object Classes

24 9

29 11 Purchase of Service Contracts State Funds Budgeted

$ 171,000 $ 171,000

Senator Gochenour of the 27th asked unanimous consent to withdraw the amendment to the committee substitute on HB 1296; the consent was granted.

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 bill by substi tute, was agreed to.

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

Those voting in the affirmative were Senators:

Baugh Blitch Boshears Bowen Broun of 46th
SEE Brown of 26th
Cl eeks Coleman Crotts Dean Edge Farrow Gillis Harbison

Hemmer Henson Hill Hooks Huggins
Kemp Isakson
Langford of 35th Langfvd of 29th Madden Marable Middleton Oliver Parrish Perdue

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

Those voting in the negative were Senators:

Day Egan Glanton

Gochenour Guhl

McGuire Newbill

Those not voting were Senators:

Abernathy

Alien (excused)

Balfour

On the passage of the bill, the yeas were 46, nays 7. The bill, having received the requisite constitutional majority, was passed by substitute.

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Senator Hooks of the 14th moved that HB 1296 be immediately transmitted to the House. On the motion, the yeas were 47, nays 0, and the motion prevailed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1409. By Representatives Cummings of the 27th and Murphy of the 18th:
A bill to amend an Act entitled "An Act to provide a new Board of Education for Polk County," so as to change the education districts.
HB 1445. By Representative Greene of the 158th:
A bill to reconstitute the Board of Education of Randolph County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.
HB 1446. By Representative Greene of the 158th:
A bill to repeal an Act providing a new charter for the City of Omaha; to abolish the City of Omaha.
HB 1448. By Representative Greene of the 158th:
A bill to provide a new charter for the City of Bluffton.
HB 1470. By Representatives Baker of the 70th, Teper of the 61st, Henson of the 65th, Lawrence of the 64th, Bunn of the 74th and others:
A bill to repeal an Act approved March 18, 1985, which continued in force and effect as part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1966 general election (Res. Act No. 50) and pro claimed by the Governor to be a part of the Constitution of the State of Georgia authorizing the Board of Commissioners of DeKalb County to provide systems of garbage disposal, establish sanitation districts, and levy assessments on residents and businesses served.
HB 1427. By Representatives Wall of the 82nd and Johnson of the 84th:
A bill to increase the homestead exemption from city ad valorem taxes, except taxes levied to retire bonded indebtedness, for residents of the City of Lawrenceville who own and occupy their residences.
HB 1372. By Representatives Yeargin of the 90th and Hanner of the 159th:
A bill to amend Code Section 12-3-3 of the Official Code of Georgia Annotated, relating to the powers of the Department of Natural Resources as to projects generally, so as to authorize the commissioner of natural resources to enter into long-term subleases of marina sites located on property leased to the State of Georgia by the United States Army Corps of Engineers in Bartow and Elbert counties on Lakes Allatoona and Richard B. Russell.

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The House has passed by the requisite constitutional majority the following bill of the Senate:
SB 144. By Senators Coleman of the 1st and Alien of the 2nd:
A bill to amend an Act incorporating the Town of Vernonburg, as amended, so as to adopt the Georgia Municipal Election Code; to provide a different date for election of officers; to provide different terms for the officers of said town.
The following bills of the House were read the first time and referred to committees:
HB 1372. By Representatives Yeargin of the 90th and Hanner of the 159th:
A bill to amend Code Section 12-3-3 of the Official Code of Georgia Annotated, relating to the powers of the Department of Natural Resources as to projects generally, so as to authorize the commissioner of natural resources to enter into long-term subleases of marina sites located on property leased to the State of Georgia by the United States Army Corps of Engineers in Bartow and Elbert counties on Lakes Allatoona and Richard B. Russell. Referred to Committee on Natural Resources.
HB 1409. By Representatives Cummings of the 27th and Murphy of the 18th: A bill to amend an Act entitled "An Act to provide a new Board of Education for Polk County," so as to change the education districts.
Referred to Committee on Urban and County Affairs.
HB 1445. By Representative Greene of the 158th:
A bill to reconstitute the Board of Education of Randolph County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions. Referred to Committee on Urban and County Affairs.
HB 1446. By Representative Greene of the 158th: A bill to repeal an Act providing a new charter for the City of Omaha; to abolish the City of Omaha.
Referred to Committee on Urban and County Affairs.
HB 1448. By Representative Greene of the 158th: A bill to provide a new charter for the City of Bluffton.
Referred to Committee on Urban and County Affairs.
HB 1470. By Representatives Baker of the 70th, Teper of the 61st, Henson of the 65th and others: A bill to repeal an Act approved March 18, 1985, which continued in force and effect as part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1966 general election (Res. Act No. 50) and pro claimed by the Governor to be a part of the Constitution of the State of Georgia authorizing the Board of Commissioners of DeKalb County to provide systems of garbage disposal, establish sanitation districts, and levy assessments on residents and businesses served.
Referred to Committee on Urban and County Affairs.

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241

HB 1427. By Representatives Wall of the 82nd and Johnson of the 84th:
A bill to increase the homestead exemption from city ad valorem taxes, except taxes levied to retire bonded indebtedness, for residents of the City of Lawrenceville who own and occupy their residences.
Referred to Committee on Urban and County Affairs.
The Calendar was resumed.

SB 50. By Senator Burton of the 5th:
A bill to amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to offenses involving theft, so as to change the provisions relating to conversion of payments for real property improvements and the pen alties therefor; to change the provisions relating to intent to defraud and evi dence thereof.
Senator Ray of the 19th moved that SB 50 be committed to the Committee on Special Judiciary.
Senator Burton of the 5th moved the previous question.
On the motion offered by Senator Burton of the 5th, which motion takes precedence, the President ordered a roll call and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Blitch Boshears BuZ
Coleman Crotts

Day Edge Egan
Gchenour Guhl Henson Isakson

McGuire Newbill Ralston
Sta" Thomas Turner Tysinger

Those voting in the negative were Senators:

Abernathy Baugh Broun of 46th Brown of 26th
,ga FaTrow
Glanton Harbison Hemmer

Hill Hooks Huggins Kemp
Langford of 29th
Madden Marable Middleton Oliver Parrish

Perdue Pollard Ragan of llth Ragan of 32nd
Ray
Scott Slotin Taylor Thompson Walker

Those not voting were Senators:

Alien (excused)

Langford of 35th

Robinson

On the motion the yeas were 22, nays 31; the motion for the previous question was lost.
On the motion by Senator Ray of the 19th to commit SB 50, the yeas were 42, nays 6; the motion prevailed, and SB 50 was committed to Special Judiciary Committee.

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SB 409. By Senators Oliver of the 42nd, Thompson of the 33rd and Henson of the 55th:
A bill to amend Code Section 35-8-2 of the Official Code of Georgia Annotated, relating to definitions applicable to the "Georgia Peace Officer Standards and Training Act," so as to include certain employees of county probation systems within the definition of the term "peace officer".
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Gillis Glanton Gochenour Guhl Harbison Hemmer Henson HTnToilolki s Huggins Isakson Langford of 29th Madden Marable
McGuire Middleton
Newbill Oliver

Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston p> RK^ nofb.mso,,n,, f" |lotm btarr Taylor Thomas
Thompson Turner
Tysinger Walker

Those not voting were Senators:

Alien (excused)

Kemp

Langford of 35th

On the passage of the bill, the yeas were 53, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 411. By Senators Oliver of the 42nd, Walker of the 22nd and Robinson of the 16th:
A bill to amend Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, the "Child Support Recovery Act," so as to limit the issuance or re newal of licenses and other authorizations to engage in professions, businesses, or occupations to persons who are not in compliance with court orders for child support; to provide for regulations.

The Senate Judiciary Committee offered the following substitute to SB 411:

A BILL
To be entitled an Act to amend Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, the "Child Support Recovery Act," so as to limit the issuance or renewal of licenses and other authorizations to engage in professions, businesses, or occupa tions to persons who are not in compliance with orders for child support; to provide for definitions; to provide for lists of persons who are not in compliance, for the issuance of such

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lists to certain licensing boards, and for determinations regarding the issuance of temporary licenses; to provide for temporary licenses and notices, hearings, and administrative and judicial review relating thereto; to provide for releases; to provide for forfeiture of certain fees; to provide for interagency agreements; to provide for a surcharge; to provide for a report; to provide for responses to certain inquiries; to provide for regulations; 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 19 of the Official Code of Georgia Annotated, the "Child Support Recovery Act," is amended by adding immediately following Code Sec tion 19-11-9.2 a new Code section to read as follows:
"19-11-9.3 (a) As used in this Code section, the term:
(1) 'Agency' means the agency within the Department of Human Resources which is responsible for enforcing orders for child support pursuant to this article.
(2) 'Applicant' means any person applying for issuance or renewal of a license.
(3) 'Board' means any department, agency, or board of this state which issues any li cense, certificate, permit, or registration to authorize a person to engage in a profession, business or occupation under Article 3 of Chapter 7 of Title 2, the 'Georgia Pesticide Use and Application Act of 1976,' under Chapter 23 of Title 33, relating to insurance agents, counselors, and other personnel, under Article 13 of Chapter 7, relating to mortgage lenders and mortgage brokers, under Title 43, relating to professions and businesses, or under Part 3 of Article 2 of Chapter 4, relating to pharmacists.
(4) 'Certified list' means a list provided by the agency of the names of support obligors found to be not in compliance with an order for child support in a case being enforced under this article.
(5) 'Compliance with an order for child support' means that, as set forth in a court order, administrative order, or contempt order for child support, the obligor in no more than 60 calendar days in arrears in making payments in full for current support, in making peri odic payments on a support arrearage, or in making periodic payments on a reimbursement for public assistance.
(6) 'Department' means the Department of Human Resources.
(7) 'License' means a certificate, permit, registration, or any other authorization issued by a board that allows a person to engage in a profession, business, or occupation.
(8) 'Licensee' means any person holding a license.
(b) The agency shall maintain a list of those persons included in any case being en forced under this article for whom an order for child support has been rendered and who are not in compliance with that order. The agency shall submit to each board a certified list with the name, social security number, if known, and last known address of each such per son. The agency shall submit to each board an updated certified list on a monthly basis.
(c) On or before January 1, 1995, all boards subject to this Code section shall imple ment procedures to accept and process the list provided by the agency in accordance with this Code section.
(d) Promptly after receiving the certified consolidated list from the agency and prior to the issuance or renewal of a license each board shall determine whether the applicant is on the most recent certified list provided by the agency. If the applicant is on the list, the board shall immediately serve notice upon the applicant as specified in subsection (g) of this Code section of the board's intent to withhold issuance or renewal of the license. The notice shall be given personally or sent by certified mail, return receipt requested, to the appli cant's last known mailing address on file with the board.
(e) The withholding from an applicant of the issuance or renewal of a license pursuant to this Code section shall give to that applicant a right to a hearing before the department,

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and those provisions of Article 1 of Chapter 5 of Title 31, relating to hearings and appeals from decisions of the department, shall apply thereto except as modified by this Code sec tion. The applicant who receives a notice pursuant to subsection (d) of this Code section shall have the right to a hearing regarding the issues specified in paragraphs (1), (2), and (3) of this subsection. This right may only be exercised if a written demand for such hearing is received by the agency within 20 days following the date the notice was delivered to the applicant, where the notice was given personally, or within 30 days following the date the notice was mailed, if the notice was mailed. The department shall conduct a hearing as provided in Code Section 31-5-2 within 45 days after such demand is received. The only issues which may be determined in the hearing are:
(1) Whether there is an order for child support being enforced pursuant to this article;
(2) Whether the applicant is the obligor covered by that order; and
(3) Whether the support obligor is or is not in compliance with the order for child support.
The determination at such hearing regarding only those issues shall be subject to appeal and judicial review under Code Section 31-5-3.
(f) (1) The board shall issue a temporary license valid for a period of 90 days to any applicant whose name is on the certified list if the applicant is otherwise eligible for a license.
(2) A temporary license shall not be extended, except when extended by court order in a judicial proceeding as provided in subsection (e) of this Code section. Only one temporary license shall be issued during a regular license term. A license for the full or remainder of the license term shall be issued or renewed only upon compliance with the provisions of this Code section.
(3) In the event that an application for the issuance or renewal of a license is denied pursuant to this Code section, any funds paid by the applicant or licensee shall not be re funded by the board unless the denial is reversed under the administrative or judicial proce dures provided for in subsection (e) of this Code section.
(g) Notice forms for purposes of this Code section shall be developed by each board in accordance with guidelines provided by the department and subject to approval by the de partment. The notice shall include the address and telephone number of the agency, shall emphasize the necessity of obtaining a release from that agency as a condition for the issu ance or renewal of a license and shall inform the applicant of the right to a hearing and judicial review under subsection (e) of this Code section. The notice shall inform the appli cant that the board shall issue a temporary license, as provided in paragraph (1) of subdivi sion (f) of this Code section for 90 calendar days if the applicant is otherwise eligible and that upon expiration of that time period the application for issuance or renewal of a license will be denied unless the board has received a release from the agency. The notice shall also inform the applicant that if an application for issuance or renewal of a license is denied pursuant to this Code section, any funds paid by the applicant or licensee shall not be re funded by the board unless the denial is reversed under the administrative or judicial proce dures provided for in subsection (e) of this Code section.
(h) The department shall prescribe release forms for use by the agency. When the obli gor is in compliance with an order for child support, the agency shall mail to the applicant and the appropriate board a release stating that the applicant is in compliance with such order for child support. The receipt of a release shall serve to notify the applicant and the board that, for the purposes of this Code section, the applicant is in compliance with an order for child support unless the agency, pursuant to subsection (b) of this Code section, certifies subsequent to the issuance of a release that the applicant is once again not in com pliance with an order for child support.
(i) The department may enter into interagency agreements with state agencies that have responsibility for the administration of boards as necessary to implement this Code

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section. These agreements shall provide for the receipt by other state agencies and boards of federal funds to cover that portion of costs allowable under federal law and regulation and incurred by state agencies and boards in implementing this Code section.
(j) Notwithstanding any other provision of law, the boards and departments subject to this Code section may levy a surcharge on any fee or fees collected pursuant to law to cover the costs of implementing and administering this Code section.
(k) The process described in subsection (e) of this Code section shall constitute the sole administrative remedy for contesting the issuance to the applicant of a temporary license or the denial of an application for issuance or renewal of a license under this Code section.
(I) In furtherance of the public policy of increasing child support enforcement and col lections, on or before January 1, 1996, the department shall make a report to the General Assembly and the Governor based on data collected by the boards and the department in a format prescribed by the department. The report shall contain all of the following:
(1) The number of delinquent obligors certified by the agency under this Code section;
(2) The number of support obligors who also were applicants or licensees subject to this Code section;
(3) The number of new licenses and renewals that were delayed and temporary licenses issued subject to this Code section and the number of new licenses and renewals granted following board receipt of releases by July 1, 1995; and
(4) The costs incurred in the implementation and enforcement of this Code section.
(m) Any board receiving an inquiry as to the license status of an applicant who has had an application for issuance or renewal of a license denied under this Code section or has been granted a temporary license under this Code section shall respond only that the license was denied or the temporary license was issued pursuant to this Code section.
(n) The department shall and the boards, as appropriate, may adopt regulations neces sary to implement this Code section."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senators Oliver of the 42nd and Farrow of the 54th offered the following amendment:
Amend the committee substitute to SB 411 by adding after "businesses," on line 15 of page 2 the following:
"under Part 2 of Chapter 6 of Title 12, relating to foresters,".
Adding after the period on line 21 of page 4 the following:
"Evidence relating to the ability and willfulness of an obligor to comply with such order for support may be considered in making the hearing decision to grant or deny the issuance or renewal of a license under this Code section."
By striking lines 2 through 6 of page 6 and inserting in their place the following:
"for use by the agency. When the obligor is determined to be in compliance with an order for child support or is determined to be not in compliance with such order but has been determined in a hearing pursuant to subsection (e) of this Code section to be unable to comply with the order or not willfully out of compliance with such order, the agency shall mail to the applicant and the appropriate board a release stating such determination. The receipt of a release".
On the adoption of the amendment, the yeas were 46, nays 0, and the amendment was adopted.
On the adoption of the substitute, the yeas were 46, nays 0, and the substitute was adopted as amended.

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

Gillis Guhl Harbison Hemmer Henson Hill Hooks Huggins Isakson Langford of 29th Madden Marable McGuire Middleton Newbill Oliver Parrish

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

Voting in the negative were Senators Glanton and Gochenour.

Those not voting were Senators:

Alien (excused) Coleman

Kemp

Langford of 35th

On the passage of the bill, the yeas were 50, nays 2. The bill, having received the requisite constitutional majority, was passed by substitute.

SB 416. By Senators Turner of the 8th, Ragan of the llth and Taylor of the 12th:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide that a person whose address changes as a result of the 911 enhancement project shall apply for a replacement license showing the new address without having to pay a fee for such license; to provide for other matters relative to the foregoing; to provide an effective date.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Clay Crotts Day Dean Edge Egan Farrow Gillis Glanton Gochenour

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

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247

McGuire Middleton
*OPaleirwvrbeisir1h1 Perdue Pollard

Ragan of llth Ragan of 32nd
RRaoaylbsitnosnon Scott Slotin

Starr Thomas
Thompson lurner Tysinger Walker

Those not voting were Senators:

Alien (excused) Coleman

Guhl Kemp

Langford of 35th Taylor

On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 420. By Senators Robinson of the 16th, Perdue of the 18th and Clay of the 37th:
A bill to amend Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to the offense of driving under the influence of alcohol or drugs, so as to provide that in any case where a person is convicted of the offense of driving under the influence of alcohol or drugs, the court shall attach a copy of the de fendant's record of convictions for traffic offenses to the judge's sentence or judgment.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
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 Day Dean Edge Egan

Farrow Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Langford of 29th Madden Marable McGuire 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:

Alien (excused) Coleman Gillis

Guhl Kemp Langford of 35th

Newbill Taylor

On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed.

248

JOURNAL OF THE SENATE

SB 439. By Senators Isakson of the 21st, Robinson of the 16th and Guhl of the 45th:
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 change the definition of recrea tional bingo; to authorize nonprofit organizations that are licensed to operate bingo games to operate recreational games.
The Senate Special Judiciary Committee offered the following substitute to SB 439:
A BILL
To be entitled an Act 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 change the definition of recre ational bingo; to authorize nonprofit organizations that are licensed to operate bingo games to operate recreational games; 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 2 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to bingo, is amended by striking Code Section 16-12-51, relating to defi nitions relative to bingo, in its entirety and inserting in lieu thereof the following:
"16-12-51. As used in this part, the term:
(1) 'Bingo game' or 'nonprofit bingo game' means a game of chance played on cards with numbered squares in which counters or indicators are placed on numbers chosen by lot and won by covering a previously specified number or order of numbered squares. Such words, terms, or phrases, as used in this subsection paragraph, shall be strictly construed to include only the series of acts generally defined as bingo and shall exclude all other activity.
(2) 'Bingo session' means a time period during which bingo games are played.
(3) 'Director' means the director of the Georgia Bureau of Investigation.
(4) 'Operate,' 'operated,' or 'operating' means the direction, supervision, management, operation, control, or guidance of activity.
(5) 'Recreational bingo' means a bingo session operated by any person or entity at no charge to participants in which the prizes for each bingo game during the bingo session shall be noncash prizes and the total of such prizes for each such game shall not exceed the amount established pursuant to regulations established by the director. No such noncash prize awarded in recreational bingo shall be exchanged or redeemed for money or for any other prize with a value in excess of the amount established pursuant to regulations estab lished by the director. Recreational bingo shall also include a bingo session operated by a nonprofit, tax-exempt licensed operator of bingo games at no charge to participants in which the participants are senior citizens attending a function at a facility of the tax-exempt li censed organization or are residents of nursing homes, retirement homes, or hospitals and in which the prizes for each bingo game during the bingo session shall be nominal cash prizes not to exceed $5.00 for any single prize and the total of such prizes for each such game shall not exceed the amount established pursuant to regulations established by the director. Rec~ reational bingo shall also include a bingo session operated by an employer with ten or more full-time employees for the purposes of providing a safe workplace incentive and in whicH the prizes are determined by the employer; provided, however, that no monetary considered tion is required by any participant other than the employer and the employer expressly prohibits any monetary consideration from any employee. Recreational bingo shall not be considered a lottery as defined in paragraph (4) of Code Section 16-12-20 or a form of gam bling as defined in Code Section 16-12-21."
Section 2. Said part is further amended by striking Code Section 16-12-52, relating to

THURSDAY, JANUARY 27, 1994

249

the license required to operate bingo games, in its entirety and inserting in lieu thereof the following:
"16-12-52. (a) Any other law to the contrary notwithstanding except for subsection (b) of this Code section, no nonprofit, tax-exempt organization shall be permitted to operate a bingo game until the director issues a license to the organization authorizing it to do so. In the event of any controversy concerning whether or not certain activity constitutes bingo for which a license may be issued, the decision of the director shall control. The license de scribed in this Code section is in addition to and not in lieu of any other licenses which may be required by this state or any political subdivision thereof, and no bingo game shall be operated until such time as all requisite licenses have been obtained.
(b) Recreational bingo is a nonprofit bingo game or a bingo game operated by an em ployer with ten or more full-time employees for the purpose of providing a safe workplace incentive and shall not be subject to the licensing requirements and regulations provided in this part applicable to bingo games not considered recreational bingo and operated by non profit, tax-exempt organizations. It shall be unlawful for any organization liecnacd under subsection (a) of this Code section to operate a recreational bingo game or session."
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:

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

Gillis Glanton Gochenour Harbison Hemmer Henson Hill Hooks Isakson Langford of 29th Madden Marable McGuire 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:

Abernathy Alien (excused) Coleman

Guhl Huggins Kemp

Langford of 35th Taylor

On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute.

250

JOURNAL OF THE SENATE

SB 457. By Senator Egan of the 40th:
A bill to amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, the "Georgia Administrative Procedure Act," so as to provide for the distribution of proposed rules and regulations of the State of Georgia to chairpersons of standing committees of the General Assembly.

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

Gochenour Harbison Hemmer
Hill Hooks Isakson

Parrish Perdue Pollard
Ragan of llth Ragan of 32n(i Ralston

p, Crotts
Egan Gillis Glanton

Langford of 29th
Madden Marable McGuire Middleton Newbill Oliver

Robinson
Scott Slotin Starr Turner Tysinger Walker

Those voting in the negative were Senators:

Dean Farrow

Henson Huggins

Thomas Thompson

Those not voting were Senators:

Abernathy Alien (excused) Blitch

Coleman Guhl

Langford of 35th Taylor

On the passage of the bill, the yeas were 43, nays 6. The bill, having received the requisite constitutional majority, was passed.

SB 463. By Senators Isakson of the 21st, Clay of the 37th, Crotts of the 17th and others:
A bill to amend Article 2 of Chapter 9 of Title 12 of the Official Code of Georgia Annotated, relating to motor vehicle emission inspection and maintenance, so as to delete the requirement of the display of an emission inspection sticker; to de lete references to emission inspection stickers; to repeal penalties for prohibited acts relative to emission inspection stickers.

The Senate Natural Resources Committee offered the following amendment:
Amend SB 463 by inserting on line 8 of page 1 immediately following the word and symbol "foregoing;", the following:
"to provide an effective date;".

THURSDAY, JANUARY 27, 1994

251

By redesignating Section 4 as Section 5 and by inserting immediately following line 2 of page 13 the following:
"Section 4. This Act shall become effective on July 1, 1995."
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:

Balfour Baugh Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Crotts Day Dean Edge Egan Farrow Gillis

Gochenour Harbison Hemmer Henson Hooks Huggins Isakson Kemp Langford of 29th Madden Marable McGuire Middleton Newbill Oliver Parrish

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

Those not voting were Senators:

Abernathy Alien (excused) Blitch

Coleman Glanton Guhl

Hill Langford of 35th Perdue

On the passage of the bill, the yeas were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President: The House has disagreed to the Senate substitute to the following bill of the House:

HB 1296. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Baker of the 70th, Bordeaux of the 151st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 19931994 known as the "General Appropriations Act", so as to change certain appro priations for the State Fiscal Year 1993-1994.

252

JOURNAL OF THE SENATE

The following bill of the House was taken up to consider House action thereto:

HB 1296. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 19931994 known as the "General Appropriations Act", so as to change certain appro priations for the State Fiscal Year 1993-1994.

Senator Hooks of the 14th moved that the Senate insist on its substitute to HB 1296. On the motion, the yeas were 44, nays 0. The motion prevailed, and the Senate insisted on its substitute to HB 1296. The Calendar was resumed.

SB 471. By Senators Oliver of the 42nd, Thomas of the 10th and Thompson of the 33rd:
A bill to amend Code Section 16-12-2 of the Official Code of Georgia Annotated, relating to smoking in public places, so as to prohibit smoking in certain child care facilities; to amend Code Section 49-5-12 of the Official Code of Georgia Annotated, relating to licensing of certain child care facilities, so as to provide for signs prohibiting smoking.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

Perdue Pollard Ragan of llth Ragan of 32nd Ralston j^ay Robinson gcott
ta" Taylor Thomas Thompson Turner Tysinger Walker

Voting in the negative was Senator Glanton.

Those not voting were Senators:

Abernathy Alien (excused)

Coleman Guhl

Langford of 35th

On the passage of the bill, the yeas were 50, nays 1. The bill, having received the requisite constitutional majority, was passed.

THURSDAY, JANUARY 27, 1994

253

At 12:18 P.M., the President announced the Senate would stand in recess until 3:15 P.M.
The President called the Senate to order at 3:15 P.M.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bill of the House:
HB 1080. By Representative Heard of the 89th: A bill to amend Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to offenses involving theft, so as to provide for the offense of carjacking.
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 1296. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Baker of the 70th, Bordeaux of the 151st and others: A bill to amend an Act providing appropriations for the State Fiscal Year 19931994 known as the "General Appropriations Act", so as to change certain appro priations for the State Fiscal Year 1993-1994.
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 bill of the House was taken up to consider House action thereto:
HB 1296. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others: A bill to amend an Act providing appropriations for the State Fiscal Year 19931994 known as the "General Appropriations Act", so as to change certain appro priations for the State Fiscal Year 1993-1994.
Senator Hooks of the 14th moved that the Senate adhere to its substitute to HB 1296, 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 substitute to HB 1296.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Hooks of the 14th, Robinson of the 16th and Walker of the 22nd.

254

JOURNAL OF THE SENATE

The following bill of the House was read the first time and referred to committee:
HB 1080. By Representative Heard of the 89th: A bill to amend Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to offenses involving theft, so as to provide for the offense of carjacking.
Referred to Committee on Special Judiciary.
Senator Ray of the 19th moved that pursuant to HR 658, adopted previously, the Sen ate recess until 5:00 P.M., then adjourn until 10:00 A.M. Tuesday, February 1, 1994; the President announced that the motion prevailed at 3:30 P.M.

TUESDAY, FEBRUARY 1, 1994

255

Senate Chamber, Atlanta, Georgia Tuesday, February 1, 1994 Tenth Legislative Day
The Senate met pursuant to adjournment at 10:00 A.M. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of the proceedings of Thursday, January 27, 1994, had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1235. By Representatives Harris of the 112th, Parham of the 122nd and Powell of the 23rd:
A bill to amend Code Section 40-3-50 of the Official Code of Georgia Annotated, relating to perfection of security interests in motor vehicles, so as to provide for perfection of a security interest by delivery of the title application to either the commissioner or the local tag agent in the county of the vehicle owner's residence.
HB 1223. By Representatives Harris of the 112th, Parham of the 122nd and Powell of the 23rd:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to change the fee for issuance of a replacement license plate or revalidation decal by the local tag agent; to change the fee for issuance of a replacement title.
HB 1342. By Representatives Greene of the 158th, Colwell of the 7th, Coleman of the 142nd, Parham of the 122nd, Parrish of the 144th and others:
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 generally, and to amend Chapter 10 of Title 48 of the Official Code of Georgia Annotated, relat ing to motor vehicle license fees and plates, so as to provide for the issuance, at the option of the owner, of permanent license plates for trailers used as or in connection with a motor vehicle, truck, or tractor used as a common or contract carrier for hire.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 552. By Senator Baugh of the 25th:
A bill to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," so as to require a min imum personal needs allowance for recipients of medical assistance who are resi dents of long-term care facilities. Referred to Committee on Health and Human Services.

256

JOURNAL OF THE SENATE

SB 553. By Senator Blitch of the 7th:
A bill to amend Code Section 28-2-2 of the Official Code of Georgia Annotated, relating to apportionment of the Senate and qualifications of its members, so as to change the composition of certain senatorial districts; to provide for an effec tive date and applicability. Referred to Committee on Reapportionment.
SB 554. By Senators Newbill of the 56th, Edge of the 28th, Henson of the 55th and others;
A bill to amend Code Section 20-2-940 of the Official Code of Georgia Annotated, relating to grounds and procedure for terminating or suspending contract of em ployment, so as to provide that refusal to alter a student's grades or grade report shall not be grounds for termination or suspension. Referred to Committee on Education.
SB 555. By Senators Farrow of the 54th, Oliver of the 42nd and Robinson of the 16th:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide for a right to a hearing when an income de duction is ordered because of a one-month delinquency in child support; to pro vide for a hospital based program for establishment of paternity. Referred to Committee on Judiciary.
SB 556. By Senators Langford of the 29th, Kemp of the 3rd, Thompson of the 33rd and others:
A bill to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions relative to offenses against public health and morals, so as to provide that it shall be unlawful for any person to hire, solicit, engage, contract with, conspire with, encourage, abet, or direct any minor to commit any felony or any delinquent act which would constitute a fel ony if committed by an adult. Referred to Committee on Special Judiciary.
SB 557. By Senators Langford of the 29th, Kemp of the 3rd, Madden of the 47th and others:
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to change the definitions of the offenses of statu tory rape, child molestation, and enticing a child for indecent purposes. Referred to Committee on Special Judiciary.
SB 558. By Senators Langford of the 29th, Kemp of the 3rd, Madden of the 47th and Baugh of the 25th:
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 change the definition of the term "unruly child" as used in said article; to change a cross reference. Referred to Committee on Judiciary.
SB 559. By Senators Langford of the 29th, Kemp of the 3rd, Thompson of the 33rd and others:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that certain juvenile court records and juvenile law enforcement records shall be made available, after conviction and prior to sentencing, to the judge of the superior court, to provide

TUESDAY, FEBRUARY 1, 1994

257

that certain information and records shall not be revealed to the public and shall be sealed. Referred to Committee on Judiciary.
SB 560. By Senators Langford of the 29th, Kemp of the 3rd, Thompson of the 33rd and others:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for community based risk reduction programs and the establishment, requirements, and opera tion thereof by juvenile courts and courts exercising jurisdiction over juvenile matters; to provide for a definition; to provide for court orders and the contents and purpose thereof; to provide for case plans. Referred to Committee on Special Judiciary.
SB 561. By Senators Isakson of the 21st, Edge of the 28th, McGuire of the 30th and others:
A bill to amend Code Section 45-12-93 of the Official Code of Georgia Annotated, relating to the revenue shortfall reserve, the midyear adjustment reserve, and related matters, so as to provide that the midyear adjustment reserve shall be available for appropriation by the General Assembly for educational purposes; to provide that each appropriations Act shall state the balance in the shortfall re serve and the effect of the passage of such Act on such balance. Referred to Committee on Appropriations.
SB 562. By Senators Hemmer of the 49th, Clay of the 37th, Middleton of the 50th and others:
A bill to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, so as to provide that any person operating a motor vehicle in which there is an open container of alcohol shall be subject to testing to determine his or her blood alcohol content under certain conditions. Referred to Committee on Judiciary.
SB 563. By Senators Isakson of the 21st and Marable of the 52nd:
A bill to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to provide for civil penalties for certain notifications regarding surveys of nursing homes or intermediate care homes. Referred to Committee on Youth, Aging and Human Ecology.
SB 564. By Senator Madden of the 47th:
A bill to amend Chapter 8 of Title 33 of the Official Code of Georgia Annotated, relating to taxes and fees on insurers, so as to change the provisions relating to the determination of the population of counties and municipalities and the for mulas used for the distribution of taxes on life insurers and on insurers other than life insurers to counties and municipalities. Referred to Committee on Insurance and Labor.
SR 461. By Senators Marable of the 52nd, Hill of the 4th, Perdue of the 18th and others:
A resolution acknowledging the contributions of senior Georgians and establish ing February 8-10, 1994, as Senior Days at the state capitol. Referred to Committee on Youth, Aging and Human Ecology.

258

JOURNAL OF THE SENATE

SR 462. By Senator Starr of the 44th:
A resolution authorizing the conveyance, lease, or exchange of certain state owned real property located in Fulton County, Georgia; to provide an effective date. Referred to Committee on Finance and Public Utilities.
SR 463. By Senator Starr of the 44th:
A resolution authorizing the granting of nonexclusive easements for operation and maintenance of telecommunications and utility facilities in, on, over, under, upon, across, or through property owned by the State of Georgia in Mclntosh, Tattnall, Gwinnett, Glynn, and Banks counties, Georgia; to provide an effective date. Referred to Committee on Finance and Public Utilities.
SR 464. By Senators Isakson of the 21st and Marable of the 52nd:
A resolution creating the Senate Study Committee on Ombudsman Services. Referred to Committee on Rules.
The following bills of the House were read the first time and referred to committee:
HB 1223. By Representatives Harris of the 112th, Parham of the 122nd and Powell of the 23rd:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to change the fee for issuance of a replacement license plate or revalidation decal by the local tag agent; to change the fee for issuance of a replacement title. Referred to Committee on Public Safety.
HB 1235. By Representatives Harris of the 112th, Parham of the 122nd and Powell of the 23rd:
A bill to amend Code Section 40-3-50 of the Official Code of Georgia Annotated, relating to perfection of security interests in motor vehicles, so as to provide for perfection of a security interest by delivery of the title application to either the commissioner or the local tag agent in the county of the vehicle owner's residence. Referred to Committee on Public Safety.
HB 1342. By Representatives Greene of the 158th, Colwell of the 7th, Coleman of the 142nd and others:
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 generally, and to amend Chapter 10 of Title 48 of the Official Code of Georgia Annotated, relat ing to motor vehicle license fees and plates, so as to provide for the issuance, at the option of the owner, of permanent license plates for trailers used as or in connection with a motor vehicle, truck, or tractor used as a common or contract carrier for hire. Referred to Committee on Public Safety.
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Urban and County Affairs has had under consideration the following

TUESDAY, FEBRUARY 1, 1994

259

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

HB 1370. Do pass.

Respectfully submitted,

Senator Thompson of the 33rd District, Chairman

Mr. President:
The Committee on Corrections has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:

SB 449. Do pass.

Respectfully submitted,

Senator Langford of the 35th 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 158. HB 500. HB 804.

Do pass. Do pass. Do pass.

HB 807. Do pass. HB 959. Do pass.

Respectfully submitted,

Senator Huggins of the 53rd District, Chairman

Mr. President:
The Committee on Transportation has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:

SB 487. Do pass by substitute.

Respectfully submitted,

Senator Coleman of the 1st District, Chairman

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

SB 412

SB 472

SB 418

'

SB 440

SB 502 SR 376

SB 441 SB 443 SB 448

SR 386 SR 395 HB 574

SB 455

HB 1193

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

Those voting in the affirmative were Senators:

Balfour Baugh Blitch

Boshears Bowen Broun of 46th

Brown of 26th Burton Coleman

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Crotts Day Dean Edge Egan FG,,a.i,,lrhr. os w Glanton Gochenour Guhl
Harbison
Hemmer
Henson
Hill

Hooks Huggins Isakson Kemp Langford of 29th MM,,aardadb,el,ne McGuire Middleton Newbill
Oliver
Parrish
Perdue
Pollard

Those not answering were Senators:

Abernathy Alien

Cheeks Clay

Ragan of llth Ragan of 32nd Ralston Ray Robinson 0s,,1lot.m *, iaylor Thomas Thompson Turner Tysinger Walker
Langford of 35th Scott

Senator Coleman of the 1st moved that Senator Alien of the 2nd be excused from the Senate today due to family illness.
On the motion, the yeas were 34, nays 0; the motion prevailed, and Senator Alien of the 2nd was excused from the Senate.
The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Ragan of the llth introduced the chaplain of the day, Reverend Paul DuPree, pastor of the First United Methodist Church, Cairo, Georgia, who offered scripture reading and prayer.
The following local, uncontested bill of the House, favorably reported by the committee as listed on the Senate Local Consent Calendar, was put upon its passage:

SENATE LOCAL CONSENT CALENDAR Tuesday, February 1, 1994
TENTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

HB 1370 Edge, 28th Langford, 29th SPALDING COUNTY
Creates the Board of Commissioners of Spalding County, so as to redesignate and describe the commissioner districts in Spalding County.
The report of the committee, which was favorable to the passage of the bill as reported, was agreed to.
On the passage of the bill on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Baugh

Blitch Boshears

Bowen Broun of 46th

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261

Brown of 26th Burton Clay Coleman Crotts Day Dean Edge Egan Farrow Gillis Glanton Gochenour Guhl Harbison

Hemmer Henson Hooks Huggins Isakson Langford of 29th Madden Marable McGuire Middleton Newbill Oliver Parrish Perdue

Those not voting were Senators:

Abernathy Alien (excused) Cheeks

Hill Kemp

Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Thomas Thompson Turner Tysinger Walker
Langford of 35th Taylor

On the passage of the local bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed.
SENATE CALENDAR Tuesday, February 1, 1994 TENTH LEGISLATIVE DAY SB 492 Child Abuse Protocol--judicial circuits adopt (YA&HE--33rd) SB 42 School Trespass--create offense (Substitute) (S Judy--56th) SB 288 Carjacking--provide for offense (Substitute) (S Judy--3rd) SB 401 Handicapped Parking--veterans awarded Purple Heart (H&HS--31st) SB 454 School Employee Health Insurance--premiums in monthly installments (I&L--16th) SB 462 Handicapped Parking Enforcement--monitors (H&HS--10th) SB 485 Fair Access to Insurance--extend operation of chapter (I&L--24th) SB 490 Disability Income Insurance--allow exclusion of preexisting condition (Amend ment) (I&L--21st) SR 407 Property Developed for Low-Income Persons--when ad valorem tax exempt (F&PU--39th) HB 659 Obstruction of Emergency Medical Technicians in Performance of Duty--prohibit (S Judy--47th) Scoggins--24th HB 686 Human Body Parts--removal from scene of death unlawful (Amendment) (S Judy--8th) Cox--160th
The following general bills were read the third time and put upon their passage:
SB 492. By Senators Thompson of the 33rd, Madden of the 47th, Marable of the 52nd and others: A bill to amend Chapter 15 of Title 19 of the Official Code of Georgia Annotated, relating to child abuse, so as to provide for a committee in each judicial circuit to

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JOURNAL OF THE SENATE

adopt a written child abuse protocol; to provide for the combination or expansion of county committees and county protocols; to provide for the continuation of county committees in single-county circuits; to remove obsolete dates.
Senator Thompson of the 33rd moved that SB 492 be postponed until Friday, February 4, 1994.
On the motion, the yeas were 37, nays 0; the motion prevailed, and SB 492 was post poned until Friday, February 4, 1994.

SB 42. By Senators Newbill of the 56th, Clay of the 37th, Glanton of the 34th and others:
A bill to amend Part 1 of Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions regarding criminal trespass, so as to create the offense of school trespass; to provide for penalties.

The Senate Special Judiciary Committee offered the following substitute to SB 42:

A BILL
To be entitled an Act to amend Part 1 of Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions regarding criminal tres pass, so as to create the offense of school trespass; to provide for penalties and service of sentence; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 1 of Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions regarding criminal trespass, is amended by adding immediately following Code Section 16-7-21 a new Code section to read as follows:
"16-7-21.1. (a) A person commits the offense of school trespass when that person enters upon the premises of any public or private school for the purpose of intentionally damaging school property, for the purpose of committing the offense of theft by taking, or for the purpose of committing any felony.
(b) A person who commits the offense of school trespass shall be guilty of a misde meanor of a high and aggravated nature.
(c) The entry upon school premises prohibited by subsection (a) of this Code section shall be a separate but not a lesser included offense from the offense involving intentional property damage, theft, or commission of a felony on such premises. Any sentence imposed for such entry upon school property shall be served consecutively to any sentence imposed for such property damage, theft, or commission of a felony."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 40, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Baugh Blitch Boshears Bowen Broun of 46th

Brown of 26th Burton Cheeks Clay Coleman Crotts

Day Dean Edge Egan Farrow Gillis

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263

Glanton Gochenour
Guhl Harbison Hemmer Hjj.ejnj son Hooks Huggins Isakson Kemp Langford of 29th

Madden Marable
McGuire Middleton Newbill nO,l.iver Parrish Perdue Pollard Ragan of llth Ragan of 32nd

Those not voting were Senators:

Abernathy Alien (excused)

Langford of 35th

Ralston Ray Robinson Scott Slotin <S-,t. arr Thomas Thompson Turner Tysinger Walker
Taylor

On the passage of the bill, the yeas were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
SB 288. By Senators Kemp of the 3rd, Hooks of the 14th, Boshears of the 6th and others:
A bill to amend Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to offenses involving theft, so as to provide for the offense of carjacking; to provide for penalties.
The Senate Special Judiciary Committee offered the following substitute to SB 288:
A BILL
To be entitled an Act to provide a short title; to amend Code Section 15-11-37 of the Official Code of Georgia Annotated, relating to designated felonies, so as to provide that hijacking a motor vehicle shall be a designated felony for juveniles; to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes, so as to provide for the offense of hijacking a motor vehicle; to provide for definitions; to provide for penalties and forfeitures; to provide that such offense shall not merge; to provide that motor vehicle hijacking is rack eteering activity; to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide that hijacking a motor vehicle is an offense which is bailable only before a judge of the superior court; to provide that persons convicted of motor vehicle hijacking cannot be considered for post-conviction release; to provide for editorial changes; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. This Act shall be known and may be cited as the "Anti-motor Vehicle Hi jacking Act of 1994."
Section 2. Code Section 15-11-37 of the Official Code of Georgia Annotated, relating to designated felonies, is amended by striking subparagraph (a) (2) (B) and inserting in lieu thereof the following:
"(B) Aggravated assault, voluntary manslaughter, aggravated sodomy, arson in the sec ond degree, aggravated battery, robbery, er armed robbery, or hijacking a motor vehicle, if done by a juvenile 13 or more years of age;".
Section 3. Title 16 of the Official Code of Georgia Annotated, relating to crimes, is amended by adding in Article 3 of Chapter 5, relating to kidnapping, false imprisonment, and related crimes, a new Code section to be designated Code Section 16-5-44.1 to read as follows:

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"16-5-44.1. (a) As used in this Code section:
(1) 'Firearm' means any handgun, rifle, shotgun, or similar device or weapon which will or can be converted to expel a projectile by the action of an explosive or electrical charge and includes stun guns and tasers as defined by subsection (a) of Code Section 16-11-106, as amended, and any replica, article, or device having the appearance of a firearm.
(2) 'Motor vehicle' means any vehicle which is self-propelled.
(3) 'Weapon' means an object, device, or instrument which when used against a person is likely to or actually does result in serious bodily injury or death or any replica, article, or device having the appearance of such a weapon including, but not limited to, any object defined as a weapon by Code Section 16-11-127.1 or as a dangerous weapon by Code Section 16-11-121.
(b) A person commits the offense of hijacking a motor vehicle when such person while in possession of a firearm or weapon obtains a motor vehicle from the person or presence of another by force and violence or intimidation or attempts or conspires to do so.
(c) A person convicted of the offense of hijacking a motor vehicle shall be punished by imprisonment for not less than ten nor more than 20 years and a fine of not less than $10,000.00 nor more than $100,000.00, provided that any person who has previously commit ted an offense under the laws of the United States or of Georgia or of any of the several states or of any foreign nation recognized by the United States which if committed in Geor gia would have constituted the offense of hijacking a motor vehicle shall be punished by imprisonment for life and a fine of not less than $100,000.00 nor more than $500,000.00. For purposes of this subsection, 'state' shall include the District of Columbia and any territory, possession, or dominion of the United States.
(d) The offense of hijacking a motor vehicle shall be considered a separate offense and shall not merge with any other offense; and the punishment prescribed by subsection (b) of this Code section shall not be deferred, suspended, or probated.
(e) Any property which is used, intended for use, derived, or realized, directly or indi rectly, from a violation of this Code section is forfeited to the state and no property interest shall exist therein. Any action declaring such forfeiture shall be governed by the provisions of Code Section 16-13-49."
Section 4. Said Title 16 is further amended by striking in its entirety subparagraph (A) of paragraph (9) of Code Section 16-14-3, relating to definitions regarding racketeering, and inserting in lieu thereof the following: "(A) 'Racketeering activity' means to commit, to at tempt to commit, or to solicit, coerce, or intimidate another person to commit any crime which is chargeable by indictment under the following laws of this state:
(i) Article 2 of Chapter 13 of this title, relating to controlled substances;
(ii) Article 3 of Chapter 13 of this title, known as the 'Dangerous Drugs Act';
(iii) Subsection (j) of Code Section 16-13-30, relating to marijuana;
(iv) Article 1 of Chapter 5 of this title, relating to homicide;
(v) Article 2 of Chapter 5 of this title, relating to bodily injury and related offenses;
(vi) Article 3 of Chapter 7 of this title, relating to arson;
(vii) Code Section 16-7-1, relating to burglary;
(viii) Code Section 16-9-1, relating to forgery in the first degree;
(ix) Article 1 of Chapter 8 of this title, relating to theft;
(x) Article 2 of Chapter 8 of this title, relating to robbery;
(xi) Code Sections 16-6-9 through 16-6-12 and 16-6-14, relating to prostitution and pandering;
(xii) Code Section 16-12-80, relating to distributing obscene materials;

TUESDAY, FEBRUARY 1, 1994

265

(xiii) Code Section 16-10-2, relating to bribery;

(xiv) Code Section 16-10-93, relating to influencing witnesses;

(xv) Article 4 of Chapter 10 of this title and Code Sections 16-10-20, 16-10-23, 16-10-91, and 16-10-95, relating to perjury and other falsifications;

(xvi) Code Section 16-10-94, relating to tampering with evidence;

(xvii) Code Section 16-12-22, relating to commercial gambling;

(xviii) Code Section 3-3-27, relating to distilling or making liquors;

(xix) Part 2 of Article 4 of Chapter 11 of this title, known as the 'Georgia Firearms and Weapons Act';

(xx) Code Section 16-8-60, relating to unauthorized transfers and reproductions of re corded material;

(xxi) Code Section 10-5-24, relating to violations of the 'Georgia Securities Act of 1973';

(xxii) Code Section 3-3-27, relating to the unlawful distillation, manufacture, and trans portation of alcoholic beverages;

(xxiii) Code Sections 16-9-31, 16-9-32, 16-9-33, and 16-9-34, relating to the unlawful use of financial transaction cards;

(xxiv) Code Section 40-3-90, relating to certain felonies involving certificates of title, security interest, or liens concerning motor vehicles;

(xxv) Code Section 40-4-21, relating to removal or falsification of identification numbers;

(xxvi) Code Section 40-4-22, relating to possession of motor vehicle parts from which the identification has been removed;

(xxvii) Code Section 16-9-70, relating to use of an article with an altered identification mark;

(xxviii) Article 6 of Chapter 9 of this title, known as the 'Georgia Computer Systems Protection Act';

(xxix) Any conduct defined as 'racketeering activity' under 18 U.S.C. Section 1961 (1)

(A), (B), (C), and (D);

--------

(xxx) Article 3 of Chapter 5 of this title, relating to kidnapping, false imprisonment, and related offenses, except for Code Section 16-5-44, relating to aircraft hijacking; er

(xxxi) Code Section 16-11-37, relating to terroristic threats and acts:; or

(xxxii) Code Section 16-5-44.1, relating to motor vehicle hijacking."

Section 5. Title 17 of the Official Code of Georgia Annotated, relating to criminal proce dure, is amended by striking in its entirety subsection (a) of Code Section 17-6-1, relating to where offenses are bailable, and inserting in lieu thereof the following:

"(a) The following offenses are bailable only before a judge of the superior court:

(1) Treason;

(2) Murder;

(3) Rape;

(4) Aggravated sodomy;

(5) Armed robbery;

(6) Aircraft hijacking and hijacking a motor vehicle;

(7) Aggravated child molestation;

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(8) Manufacturing, distributing, delivering, dispensing, administering, selling, or pos sessing with intent to distribute any controlled substance classified under Code Section 1613-25 as Schedule I or under Code Section 16-13-26 as Schedule II;
(9) Violating Code Section 16-13-31, relating to trafficking in cocaine or marijuana; and
(10) Kidnapping, arson, aggravated assault, or burglary if the person, at the time of the alleged kidnapping, arson, aggravated assault, or burglary, had previously been convicted of, was on probation or parole with respect to, or was on bail for kidnapping, arson, aggravated assault, burglary, or one or more of the offenses listed in paragraphs (1) through (9) of this subsection."
Section 6. Said Title 17 is further amended by striking subsection (a) of Code Section 17-10-9.1, relating to releases of prisoners pending subsequent voluntary surrender, in its entirety and inserting in lieu thereof the following:
"(a) When a defendant who pleads nolo contendere or guilty or is convicted of an offense against the laws of this state other than:
(1) Treason;
(2) Murder;
(3) Rape;
(4) Aggravated sodomy;
(5) Armed robbery;
(6) Aircraft hijacking and hijacking of a motor vehicle;
(7) Aggravated child molestation;
(8) Manufacturing, distributing, delivering, dispensing, administering, selling, or pos sessing with intent to distribute any controlled substance classified under Code Section 1613-25 as Schedule I or under Code Section 16-13-26 as Schedule II;
(9) Violating Code Section 16-13-31, relating to trafficking in cocaine or marijuana;
(10) Kidnapping, arson, or burglary if the person, at the time such person was charged, has previously been convicted of, was on probation or parole with respect to, or was on bail for kidnapping, arson, aggravated assault, burglary, or one or more of the offenses listed in paragraphs (1) through (9) of this subsection;
(11) Child molestation;
(12) Robbery;
(13) Aggravated assault; or
(14) Voluntary manslaughter
is sentenced to a term of confinement in a county jail or a correctional institution operated by or under the jurisdiction and supervision of the Department of Corrections, the sentenc ing judge may release the defendant pending the defendant's surrendering to a county jail or to a correctional institution designated by the Department of Corrections as authorized in this Code section. The sentencing court may release the defendant on bond or may re lease the defendant on the defendant's personal recognizance. This Code section shall not be construed to limit the court's authority in prescribing conditions of probation."
Section 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 8. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 43, nays 0, and the substitute was adopted.

TUESDAY, FEBRUARY 1, 1994

267

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Baugh Blitch Boshears Bowen Broun of 46th BB,,ruorwt. onn of 26th Cheeks Clay Coleman Crotts Day Dean
Edge Egan Farrow

Gillis Glanton Gochenour Guhl Harbison Hemmer Henson HHTToilol ki s Huggins Isakson Kemp Langford of 29th Madden Marable
McGuire Middleton Newbill

Oliver Parrish Pollard Ragan of llth Ragan of 32nd Ralston D KXobm. so,,,,n
Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Alien (excused)

Langford of 35th

Perdue

On the passage of the bill, the yeas were 53, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
SB 401. By Senator Dean of the 31st:
A bill to amend Code Section 40-6-226 of the Official Code of Georgia Annotated, relating to offenses and penalties relating to handicapped parking, so as to pro vide that vehicles bearing license plates designating military veterans awarded the Purple Heart shall be accorded handicapped parking privileges.
Senator Dean of the 31st moved that SB 401 be postponed until Monday, February 7, 1994.
On the motion, the yeas were 35, nays 0; the motion prevailed, and SB 401 was postponed until Monday, February 7, 1994.
SB 454. By Senators Robinson of the 16th and Hooks of the 14th: A bill to amend Subpart 2 of Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to health insurance plans for public school employees, so as to provide for the payment of premiums in monthly in stallments; to provide for an effective date.
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:

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

Gillis Glanton Gochenour Guhl Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable McGuire 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:

Abernathy Alien (excused)

Langford of 35th Parrish

Perdue

On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 462. By Senators Thomas of the 10th, Burton of the 5th, Oliver of the 42nd and others:
A bill to amend Code Section 40-6-228 of the Official Code of Georgia Annotated, relating to enforcement of the Handicapped Parking Law, so as to provide for unlawful practices directed towards handicapped parking monitors; to provide a penalty.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Dean Edge Egan Farrow Gillis Gochenour Guhl Harbison Hemmer Henson Hill Hooks Huggins

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

TUESDAY, FEBRUARY 1, 1994

269

Ralston Ray Robinson Scott

Slotin Starr Taylor Thomas

Those not voting were Senators:

Abernathy Alien (excused)

Glanton Kemp

Thompson Turner Tysinger Walker
Langford of 35th

On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 485. By Senator Pollard of the 24th:
A bill to amend Chapter 33 of Title 33 of the Official Code of Georgia Annotated, relating to fair access to insurance requirements, so as to extend the time of op eration of the chapter.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
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 BC.-,,huerteok, ns Clay Coleman Crotts Day
Dean
Edge
Egan Farrow

Gillis Glanton Gochenour Guhl Harbison Henson Hill HHTTougogkms s Isakson Langford of 29th Madden Marable
McGuire
Middleton
Newbill Oliver

Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston R nK,, oiu,-mso,,_n *, ' [otm Starr Thomas
Thompson
Turner
Tysinger Walker

Those not voting were Senators:

Abernathy Alien (excused)

Hemmer Kemp

Langford of 35th Taylor

On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed.
SB 490. By Senator Isakson of the 21st: A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to allow the use of preexisting condition

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JOURNAL OF THE SENATE

exclusions or limitations in group policies or contracts of disability income insur ance; to provide for the definition of the term preexisting condition in group poli cies or contracts of disability income insurance; to provide for applicability.

Senator Isakson of the 21st offered the following amendment:
Amend SB 490 by adding on line 10 of page 1 after the word and symbol "insurance;" and before the word "to" the following:
"to provide restrictions on the application of preexisting condition limitations or exclu sions to certain disabilities;"
Adding between lines 27 and 28 of page 2 the following:
"(c) No policy or certificate of group disability income insurance shall be issued or de livered in this state which limits or excludes payment of benefits for a disability resulting from a preexisting condition if that disability occurs more than 24 months following the effective date of an insured's coverage under such policy."
By striking "(c)" on line 28 of page 2 and inserting in lieu thereof "(d)".
On the adoption of the amendment, the yeas were 44, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Farrow Gillis Glanton Gochenour Guhl Harbison Hemmer Hill Hooks Huggins Isakson Langford of 29th Madden Marable McGuire Middleton

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

Those not voting were Senators:

Abernathy Alien (excused) Henson

Kemp Langford of 35th Scott

Starr 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.

TUESDAY, FEBRUARY 1, 1994

271

SR 407. By Senators Slotin of the 39th, Egan of the 40th, Broun of the 46th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the governing au thority of any county or municipality may exempt from ad valorem taxation for a period not to exceed three years any property which is being developed or renovated to provide housing for low-income persons if such property is owned and being developed or renovated by a nonprofit agency whose primary purpose is to provide housing for low-income persons; to provide for the exemption to cover certain ad valorem taxes; to provide procedures for the implementation of such an exemption and for the revocation of such an exemption; to au thorize the General Assembly to enact certain general laws relative to the authority granted by this amendment to counties and municipalities; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section II, Paragraph III of the Constitution is amended by ad ding at the end thereof a new subparagraph (b) to read as follows:
"(b) The governing authority of any county or municipality may exempt from ad valorem taxation for a period not to exceed three years any property which is being devel oped or renovated to provide housing for low-income persons if such property is owned and being developed or renovated by a nonprofit agency, qualifying under Section 501(c) (3) of the Internal Revenue Code of 1986, whose primary purpose is to provide housing for lowincome persons. Any such exemption adopted by a county shall include all ad valorem taxes levied by the county and all taxation levied for educational purposes within a county school district and any such exemption adopted by a municipality shall include all ad valorem taxes levied by the municipality, including all taxes levied for education purposes within an independent school district of the municipality; provided, however, that no such exemption adopted by a county or municipality shall apply to ad valorem taxes to retire bond indebt edness or to taxation levied for state purposes. The governing authority of any county or municpality may implement such an exemption through the adoption of a resolution for such purpose and the resolution shall specify the period of time that qualified property shall be exempt from taxation. Any resolution so adopted may be revoked by a resolution of the governing authority of a county or municipality after the expiration of five years, provided that such revocation of the exemption shall not become effective until two years following the date of the adoption of the resolution revoking such an exemption. After an exemption has been authorized, the appropriate taxing authority of the county or municipality shall adopt procedures which will enable qualified nonprofit agencies to claim the exemption au thorized in this subparagraph. The provisions of this paragraph are self-executing, but this authorization shall not prohibit the General Assembly from enacting general laws to modify qualifications for such exemption or to establish procedures for the exercise of such power."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"[ ] YES [ ] NO

Shall the Constitution be amended so as to provide that the governing au thority of any county or municipality may exempt from certain ad valorem taxation for a period not to exceed three years any property which is being developed or renovated to provide housing for low-income persons if such property is owned and being developed or renovated by a nonprofit agency whose primary purpose is to provide housing for low-income persons?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""NYeos."." All persons desiring to vote against ratifying the proposed amendment shall vote

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If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th B-ton CClhaeyeks Coleman
Crotts Day Dean Edge Egan Farrow

Gillis Glanton Gochenour Guhl Harbison Hemmer Henson Hill HHuogokgsins Isakson
Langford of 29th Madden Marable McGuire Middleton Newbill

Oliver Parrish Pollard Ragan of llth Ragan of 32n(j Ralston D R/binson S,, cott blotln
Tavlor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Alien (excused)

Kemp Langford of 35th

Perdue Starr

On the adoption of the resolution, the yeas were 50, nays 0.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.

HB 659. By Representatives Scoggins of the 24th, Holland of the 157th, Heard of the 89th and Sherrill of the 62nd:
A bill to amend Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related offenses, so as to prohibit certain acts involving the knowing and willful obstruction or hinderance of any emergency medical technician in the performance of such emergency medical technician's official duties.
Senate Sponsor: Senator Madden of the 47th.

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

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

Those voting in the affirmative were Senators:

Balfour Baugh Blitch

Boshears Bowen Broun of 46th

Brown of 26th Burton Cheeks

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273

Clay Coleman Crotts
Dav

Hooks Huggins Isakson
Langford of 29th Madden Marable

Harbison Hemmer Henson

Middleton Oliver
Parrish Pollard Ragan of llth

Those voting in the negative were Senators:

Glanton

Gochenour

Those not voting were Senators:

Abernathy Alien (excused) Hill

Kemp Langford of 35th

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

On the passage of the bill, the yeas were 46, nays 3. The bill, having received the requisite constitutional majority, was passed.

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.
Senate Sponsor: Senator Turner of the 8th.

The Senate Special Judiciary Committee offered the following amendment:
Amend HB 686 by striking "or" on line 20, page 1, after the word "officer," and before the word "a".
On the adoption of the amendment, the yeas were 43, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Cheeks Clay Coleman Crotts Day Dean Edge Egan Farrow

Gillis Glanton Gochenour Guhl Harbison Hemmer Henson Hill Hooks

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Huggins Isakson Kemp Langford of 29th Madden Marable McGuire Middleton Newbill

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

Those not voting were Senators:

Alien (excused)

Langford of 35th

Scott Slotin Taylor Thomas Thompson Turner Tysinger Walker
Starr

On the passage of the bill, the yeas were 53, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
Serving as the doctor of the day was Dr. Robert Balsley of Savannah, Georgia.
Senator Ray of the 19th moved that the Senate do now adjourn until 10:00 A.M. to morrow; the motion prevailed, and the President announced the Senate adjourned at 11:31 A.M.

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Senate Chamber, Atlanta, Georgia Wednesday, February 2, 1994 Eleventh Legislative Day

The Senate met pursuant to adjournment at 10:00 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 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 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.
The Speaker has appointed on the part of the House, Representatives Hudson of the 156th, Royal of the 164th and Reaves of the 178th.
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1490. By Representative Purcell of the 147th: A bill to amend an Act creating the State Court of Emngham County, so as to change the salary of the solicitor of said court.
HB 1491. By Representative Purcell of the 147th: A bill to amend an Act creating the board of commissioners of Emngham County and providing for their election and defining the duties of said commissioners, so as to provide that the governing authority of Effingham County shall have au thority to establish fines or periods of imprisonment, or both, in conformity with the laws of this state, as punishment for violations of ordinances and regulations.
HB 1494. By Representatives Hegstrom of the 66th, Turnquest of the 73rd, Mobley of the 69th, Randolph of the 72nd, Polak of the 67th and others: A bill to amend an Act authorizing and directing the chairman and board of commissioners of DeKalb County to create the DeKalb County Community Rela tions Commission, so as to change the provisions relating to the membership of the DeKalb County Community Relations Commission.
HB 1386. By Representative Parham of the 122nd: A bill to amend Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to reporting of accidents and proof of financial responsibility, so as to

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require local law enforcement agencies to submit reports of all traffic accidents to the Department of Public Safety.
HB 1387. By Representative Parham of the 122nd:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to increase the minimum amount of property damage which must be present as a condition of a police investigation of a motor vehicle accident.
HB 1142. By Representatives Culbreth of the 132nd, Brooks of the 103rd and Hugley of the 133rd:
A bill to amend Code Section 33-24-44.1 of the Official Code of Georgia Anno tated, relating to the procedure for the cancellation of an insurance policy by an insured, so as to provide that an insurer, upon receiving a written request from an insured for cancellation of a policy, the insurer may waive the future date requirement by confirming the date and time of cancellation in writing to the insured.
HB 1277. By Representatives Ray of the 128th, Reaves of the 178th, Birdsong of the 123rd, Hudson of the 156th, Cox of the 160th and others:
A bill to amend Code Section 16-8-12 of the Official Code of Georgia Annotated, relating to punishment for criminal offenses involving theft, so as to change pro visions relating to punishment of offenses involving the theft of growing or other wise unharvested agricultural products.
HB 1300. By Representative Cauthorn of the 35th:
A bill to amend Code Section 19-3-1 of the Official Code of Georgia Annotated, relating to filing of petition seeking relief from family violence, so as to provide that a hearing shall be held within ten days of the filing of the petition or as soon as practical thereafter, but in no case later than 30 days after the filing of the petition.
HB 1302. By Representative Cauthorn of the 35th:
A bill to amend Code Section 19-13-4 of the Official Code of Georgia Annotated, relating to protective orders for family violence, so as to provide for the extension of such orders and conversion of such orders to permanent orders.
HB 1303. By Representative Cauthorn of the 35th:
A bill to amend Article 1 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to general provisions relative to bonds and recognizances, so as to make offenses involving family violence or violation of a protective order ineligible for bail according to a schedule.
HB 1254. By Representatives Thomas of the 100th and Chambless of the 163rd:
A bill to amend Article 2 of Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to the state funded local indigent defense programs, so as to provide for indigent defense in all felony and misdemeanor cases in the superior, state, and magistrate courts.
HB 632. By Representatives Cummings of the 27th and Baker of the 70th:
A bill to amend Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees of certain state authorities being members of the Employees' Retirement System of Georgia, so as to provide that

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all officers and employees of Georgia Music Hall of Fame Authority shall become members of such retirement system.
HB 1186. By Representative Groover of the 125th: A bill to amend Code Section 24-9-47 of the Official Code of Georgia Annotated, relating to the disclosure of AIDS confidential information, so as to change the conditions under which such disclosure is authorized in certain proceedings and procedures involving persons who are or who are alleged to be mentally ill, men tally retarded, or alcoholic or drug dependent and involving guardianships.
HB 1221. By Representatives Jamieson of the 22nd, Smith of the 109th, Porter of the 143rd, Parham of the 122nd and Maddox of the 108th: A bill to amend Code Section 40-2-66 of the Official Code of Georgia Annotated, relating to special license plates for members of the Georgia National Guard, so as to provide for the issuance, free of charge, of a motor vehicle license plate to retired members of the Georgia National Guard.
HB 1233. By Representatives Harris of the 112th, Parham of the 122nd and Powell of the 23rd:
A bill to amend Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title for motor vehicles, so as to repeal the provision that the certificate of title for a mobile home which has been declared to be real property shall be retired.
HB 1256. 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; to provide for training as determined by the Georgia Coroner's Training Council in its rules and regulations.
HB 194. By Representative Hammond of the 32nd: A bill to amend Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to privileged communications, so as to extend the privileged communications between psychiatrists and patients; to amend Chapter 39 of Ti tle 43 of the Official Code of Georgia Annotated, relating to psychologists, so as to extend the privileged communications between psychologists and clients.
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 662. By Representatives Murphy of the 18th, Buck of the 135th, Royal of the 164th and Skipper of the 137th: A resolution re-creating the Joint Study Commission on Revenue Structure; pro viding for access by the commission and its staff to certain otherwise confidential Department of Revenue information.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 565. By Senators Slotin of the 39th, Walker of the 22nd and Thomas of the 10th: A bill to amend Chapter IB of Title 43 of the Official Code of Georgia Anno tated, known as the "Patient Self-referral Act of 1993," so as to change certain definitions and provide for additional definitions; to change a provision relating

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to federal preemption of state law governing self-referrals; to provide an effective date.
Referred to Committee on Health and Human Services.
SB 566. By Senators Perdue of the 18th, Starr of the 44th, Tysinger of the 41st and Broun of the 46th:
A bill to amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service and regulation of such service, so as to provide for an alternative system of regulation of telecommunications service; to provide a short title; to define terms; to provide for applicability; to provide for other related matters; to provide an effective date.
Referred to Committee on Finance and Public Utilities.
SB 567. By Senators Starr of the 44th and Robinson of the 16th:
A bill to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to prohibit deceptive or fraudulent telemarketing ac tivities in connection with certain commercial activities; to provide for legislative intent; to define certain terms; to provide for applicability with respect to other laws; to provide for situs of offers and sales.
Referred to Committee on Consumer Affairs.
SB 568. By Senator Edge of the 28th:
A bill to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to the carrying and possession of firearms, so as to change the exemption relating to probation supervisors employed by the Depart ment of Corrections; to provide for an exemption with respect to certain other probation personnel within the Department of Corrections.
Referred to Committee on Corrections.
SB 569. By Senators Clay of the 37th, Broun of the 46th and Slotin of the 39th:
A bill to amend Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to the Geo. L. Smith II Georgia World Congress Center Authority, so as to revise and expand the definition of the term "project"; to expand the powers of the authority to accept and apply gifts; to authorize the disposition of a pro ject not required for continued use by the authority to public entities for public purposes. Referred to Committee on Economic Development, Tourism and Cultural Affairs.
SB 570. By Senators Farrow of the 54th and Thompson of the 33rd:
A bill to amend Chapter 87 of Title 36 of the Official Code of Georgia Annotated, relating to participation by counties and municipal corporations in federal pro grams, so as to change certain contracting powers; to provide for the expenditure of federal community development block grant funds and other public funds and authorize participation in programs for the provision of certain facilities and of day care, senior citizen, mental health, emergency, and other services.
Referred to Committee on Urban and County Affairs (General).
SB 571. By Senators Farrow of the 54th and Clay of the 37th:
A bill to amend Chapter 12 of Title 4 of the Official Code of Georgia Annotated, relating to limitation on civil liability of those engaged in equine activities, so as

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279

to provide for limitation on civil liability of llama activity sponsors, llama profes sionals, and those engaged in llama activities; to provide for intent; to provide for and change definitions; to provide for exceptions. Referred to Committee on Agriculture.
SB 572. By Senators Coleman of the 1st and Hill of the 4th:
A bill to amend Article 1 of Chapter 2 of Title 50 of the Official Code of Georgia Annotated, relating to the boundaries and jurisdiction of the state, so as to pro vide that the boundary between Georgia and South Carolina be specified and described effective upon the approval of both states and the consent of the Con gress of the United States pursuant to Article I, Section 10 of the United States Constitution. Referred to Committee on Interstate Cooperation.
SR 467. By Senator Starr of the 44th:
A resolution authorizing the granting of nonexclusive easements for operation and maintenance of natural gas lines, sanitary sewer lines, telecommunications lines, electrical utilities, and water lines in, on, over, under, upon, across, or through property owned by the State of Georgia, in Fulton, Walker, Miller, Dawson, Baldwin, Bibb, and Dougherty Counties, Georgia; to provide an effective date. Referred to Committee on Finance and Public Utilities.
SR 469. By Senators Farrow of the 54th and Huggins of the 53rd:
A resolution authorizing the leasing of certain real property owned by the State of Georgia in Whitfield County, Georgia; to provide an effective date. Referred to Committee on Finance and Public Utilities.
SR 470. By Senators Huggins of the 53rd and Farrow of the 54th:
A resolution authorizing the conveyance of certain state owned real property lo cated in Chattooga County, Georgia; to provide an effective date. Referred to Committee on Finance and Public Utilities.
The following bills and resolution of the House were read the first time and referred to committees:
HB 194. By Representative Hammond of the 32nd:
A bill to amend Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to privileged communications, so as to extend the privileged communications between psychiatrists and patients; to amend Chapter 39 of Ti tle 43 of the Official Code of Georgia Annotated, relating to psychologists, so as to extend the privileged communications between psychologists and clients. Referred to Committee on Health and Human Services.
HB 632. By Representatives Cummings of the 27th and Baker of the 70th:
A bill to amend Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees of certain state authorities being members of the Employees' Retirement System of Georgia, so as to provide that all officers and employees of Georgia Music Hall of Fame Authority shall become members of such retirement system. Referred to Committee on Retirement.

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HB 1142. By Representatives Culbreth of the 132nd, Brooks of the 103rd and Hugley of the 133rd:
A bill to amend Code Section 33-24-44.1 of the Official Code of Georgia Anno tated, relating to the procedure for the cancellation of an insurance policy by an insured, so as to provide that an insurer, upon receiving a written request from an insured for cancellation of a policy, the insurer may waive the future date requirement by confirming the date and time of cancellation in writing to the insured.
Referred to Committee on Insurance and Labor.
HB 1186. By Representative Groover of the 125th:
A bill to amend Code Section 24-9-47 of the Official Code of Georgia Annotated, relating to the disclosure of AIDS confidential information, so as to change the conditions under which such disclosure is authorized in certain proceedings and procedures involving persons who are or who are alleged to be mentally ill, men tally retarded, or alcoholic or drug dependent and involving guardianships.
Referred to Committee on Judiciary.
HB 1221. By Representatives Jamieson of the 22nd, Smith of the 109th, Porter of the 143rd and others:
A bill to amend Code Section 40-2-66 of the Official Code of Georgia Annotated, relating to special license plates for members of the Georgia National Guard, so as to provide for the issuance, free of charge, of a motor vehicle license plate to retired members of the Georgia National Guard.
Referred to Committee on Public Safety.
HB 1233. By Representatives Harris of the 112th, Parham of the 122nd and Powell of the 23rd:
A bill to amend Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title for motor vehicles, so as to repeal the provision that the certificate of title for a mobile home which has been declared to be real property shall be retired.
Referred to Committee on Public Safety.
HB 1254. By Representatives Thomas of the 100th and Chambless of the 163rd:
A bill to amend Article 2 of Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to the state funded local indigent defense programs, so as to provide for indigent defense in all felony and misdemeanor cases in the superior, state, and magistrate courts.
Referred to Committee on Judiciary.
HB 1256. 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; to provide for training as determined by the Georgia Coroner's Training Council in its rules and regulations.
Referred to Committee on Public Safety.

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281

HB 1277. By Representatives Ray of the 128th, Reaves of the 178th, Birdsong of the 123rd and others:
A bill to amend Code Section 16-8-12 of the Official Code of Georgia Annotated, relating to punishment for criminal offenses involving theft, so as to change pro visions relating to punishment of offenses involving the theft of growing or other wise unharvested agricultural products. Referred to Committee on Special Judiciary.
HB 1300. By Representative Cauthorn of the 35th:
A bill to amend Code Section 19-3-1 of the Official Code of Georgia Annotated, relating to filing of petition seeking relief from family violence, so as to provide that a hearing shall be held within ten days of the filing of the petition or as soon as practical thereafter, but in no case later than 30 days after the filing of the petition. Referred to Committee on Judiciary.
HB 1302. By Representative Cauthorn of the 35th:
A bill to amend Code Section 19-13-4 of the Official Code of Georgia Annotated, relating to protective orders for family violence, so as to provide for the extension of such orders and conversion of such orders to permanent orders. Referred to Committee on Judiciary.
HB 1303. By Representative Cauthorn of the 35th:
A bill to amend Article 1 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to general provisions relative to bonds and recognizances, so as to make offenses involving family violence or violation of a protective order ineligible for bail according to a schedule. Referred to Committee on Judiciary.
HB 1386. By Representative Parham of the 122nd:
A bill to amend Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to reporting of accidents and proof of financial responsibility, so as to require local law enforcement agencies to submit reports of all traffic accidents to the Department of Public Safety. Referred to Committee on Public Safety.
HB 1387. By Representative Parham of the 122nd:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to increase the minimum amount of property damage which must be present as a condition of a police investigation of a motor vehicle accident. Referred to Committee on Public Safety.
HR 662. By Representatives Murphy of the 18th, Buck of the 135th and Royal of the 164th:
A resolution re-creating the Joint Study Commission on Revenue Structure; pro viding for access by the commission and its staff to certain otherwise confidential Department of Revenue information. Referred to Committee on Finance and Public Utilities.

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HB 1490. By Representative Purcell of the 147th:
A bill to amend an Act creating the State Court of Effingham County, so as to change the salary of the solicitor of said court.
Referred to Committee on Urban and County Affairs.

HB 1491. By Representative Purcell of the 147th:
A bill to amend an Act creating the board of commissioners of Effingham County and providing for their election and defining the duties of said commissioners, so as to provide that the governing authority of Effingham County shall have au thority to establish fines or periods of imprisonment, or both, in conformity with the laws of this state, as punishment for violations of ordinances and regulations.
Referred to Committee on Urban and County Affairs.

HB 1494. By Representatives Hegstrom of the 66th, Turnquest of the 73rd, Mobley of the 69th and others:
A bill to amend an Act authorizing and directing the chairman and board of commissioners of DeKalb County to create the DeKalb County Community Rela tions Commission, so as to change the provisions relating to the membership of the DeKalb County Community Relations Commission.
Referred to Committee on Urban and County Affairs.

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

Mr. President:

The Committee on Health and Human Services has had under consideration the follow ing bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 464. Do pass by substitute.
Respectfully submitted,
Senator Walker of the 22nd District, Chairman

Mr. President:

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

SB 406. SB 461. HB 1208.

Do pass. Do pass. Do pass.

HB 1218. Do pass. HB 1219. Do pass.
Respectfully submitted, Senator Oliver of the 42nd District, Chairman

Mr. President:

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

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283

following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 546. Do pass. HB 516. Do pass by substitute.
Respectfully submitted,
Senator Tysinger of the 41st District, Chairman Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1179. Do pass. HB 1289. Do pass.
Respectfully submitted,
Senator Thompson of the 33rd District, Chairman Mr. President:

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

SB 542. SB 550. HB 1407. HB 1409.

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

Mr. President:

HB 1410. Do pass. HB 1445. Do pass. HB 1446. Do pass. HB 1448. Do pass. Respectfully submitted, Senator Thompson of the 33rd District, Chairman

The Committee on Youth, Aging and Human Ecology has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 521. Do pass.
Respectfully submitted,
Senator Marable of the 52nd District, Chairman

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

SB 449 SB 487 HB 158

HB 500 HB 804

HB 807 HB 959

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

Alien Balfour Baugh Blitch Boshears Bowen

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

Crotts Day Dean Edge Egan Farrow

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

Langford of 29th Madden Marable McGuire 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 answering were Senators Abernathy and Langford of 35th.

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Ralston of the 51st introduced the chaplain of the day, Reverend Sanford Willard, pastor of Canton Methodist Church, Canton, Georgia, who offered scripture reading and prayer.
Senator Edge of the 28th acknowledged the volunteer efforts of lawyers handling indi gent defense criminal cases throughout Georgia commended by SR 397, adopted previously.
The following resolutions of the Senate were read and adopted:

SR 465. By Senators Oliver of the 42nd, Egan of the 40th, Thomas of the 10th and others:
A resolution commending and recognizing the efforts of the Georgia Council on Battered Women.

SR 466. By Senators Tysinger of the 41st, Coleman of the 1st, Middleton of the 50th and others:
A resolution recognizing the contributions of the engineering profession in Geor gia and declaring February 8, 1994, as "Engineers Day" in Georgia.

SR 468. By Senator Hooks of the 14th: A resolution commending the Georgia Peach Festival.

SR 472. By Senators Oliver of the 42nd, Egan of the 40th, Robinson of the 16th and others:
A resolution commending the Georgia Citizens for the Arts.

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

SENATE LOCAL CONSENT CALENDAR
February 2, 1994 ELEVENTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

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285

SB 542 Kemp, 3rd Boshears, 6th GLYNN COUNTY

Creates the State Court of Glynn County, so as to change the compensation of the judge of said court; to provide for applicability.

SB 550 Guhl, 45th CITY OF CONYERS

Creates a new charter for the City of Conyers so as to change the number of council members; to provide for certain residency requirements; to provide for council districts; to provide for elections; to provide for the filling of va cancies; to provide for an election superintendent; to repeal conflicting laws.

HB 1407 Madden, 47th ELBERT COUNTY

Abolishes the office of elected county surveyor of Elbert County; to provide for the appointment of said official.

HB 1409 Dean, 31st POLK COUNTY

Amends an Act entitled "An Act to provide a new Board of Education for Polk County," so as to change the education districts.

HB 1410 Edge, 28th Langford, 29th GRIFFIN/SPALDING COUNTY

Amends an Act creating the Griffin-Spalding County School System, so as to provide for certain technical and reference corrections.

HB 1445 Taylor, 12th RANDOLPH COUNTY

Reconstitutes the Board of Education of Randolph County and provides for its powers, duties, rights, obligations, and liabilities.

HB 1446 Taylor, 12th CITY OF OMAHA

Repeals an Act providing a new charter for the City of Omaha; to abolish the City of Omaha.

HB 1448 Taylor, 12th CITY OF BLUFFTON

Provides a new charter for the City of Bluffton.

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

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

Those voting in the affirmative were Senators:

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

Clay Crotts Day Dean Edge Egan Farrow Gillis Glanton

Gochenour Guhl Harbison Hemmer Henson Hill Hooks Huggins Isakson

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Kemp Langford of 29th
Madden MMMacidTMGdubleilreteon Newbill Oliver Parrish

Perdue Pollard
Ragan of llth RRaalgfsatnonof 32nd RaV Robinson Scott

Slotin Starr
Taylor TT_hhoommpasson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Alien

Coleman

Langford of 35th

On the passage of all the local bills, the yeas were 52, nays 0.

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

SENATE CALENDAR
Wednesday, February 2, 1994
ELEVENTH LEGISLATIVE DAY
SB 412 Evidence--photographs, videos, audio recordings (Judy--47th)
SB 418 Prior DUI Convictions and Pleas--counted in imposing penalties (Substitute) (Judy--16th)
SB 440 Juvenile Committing Certain Violent Felony--tried as adult (Substitute) (Judy--12th)
SB 441 Violent Felony Conviction--minimum sentence, no probation (Substitute) (Judy--12th)
SB 443 Mentally 111, Drug Dependent--relating to transportation (Substitute) (H&HS--42nd)
SB 448 Boat Safety Act--probate courts may try violations (Amendment) (S Judy--24th)
SB 455 Superior Court Clerks Training Council--members (S Judy--24th)
SB 472 Homestead Exemption Application--date for filing (S Judy--40th)
SB 502 Pawnbroker--firearm security during non-business hours (Substitute) (Judy--42nd)
SR 376 Clarence R. Vaughn, Jr. Freeway--designate (Substitute) (Trans--17th)
SR 386 Ward Edwards Bridge--designate (Trans--14th)
SR 395 CA: Armed Robbery, Kidnapping, Rape--minimum sentence, no parole (Substi tute) (Judy--12th)
HB 574 Georgia Property Owners' Association Act--provide (Amendment) (S Judy--40th) Cauthorn--35th
HB 1193 Utility Contractors--licensing provisions (ST&I--9th) Watson--139th
SB 82 Firemen's Pension Fund--vest at 15 years, early retirement at 45 (Substitute) (Ret--22nd)

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287

The following general bills were read the third time and put upon their passage:

SB 412. By Senators Madden of the 47th, Oliver of the 42nd, Thompson of the 33rd and others:
A bill to amend Article 3 of Chapter 4 of Title 24 of the Official Code of Georgia Annotated, relating to particular matters of proof, so as to provide for the admissibility of photographs, motion pictures, videotapes, and audio recordings as evi dence; to provide for related matters; to provide an effective date.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Balfour
Baugh Blitch Boshears

owen

,

Broun of 46th

Brown of 26th

Burton Cheeks Q

Coleman

Ciotts

Day

Dean

Edge

Egan

Farrow

Gillis Glanton
Gochenour Guhl Harbison
Hemmer Hm Hookg ,, " UP1I1S Isakson KemP Langford of 29th Madden Marable McGuire Middleton Newbill

Oliver Parrish Perdue Pollard Ragan of llth
Ragan of 32nd Ralston
_ f. Robinson Scott Slotin Starr Taylor Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Henson

Langford of 35th

Thomas

On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 418. By Senators Robinson of the 16th, Ray of the 19th and Coleman of the 1st:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide that all prior convictions and pleas of nolo contendere to charges of driving under the influence of alcohol or drugs shall be counted in imposing penalties, driving restrictions, and license suspen sions regardless of when such pleas or convictions were obtained.

The Senate Judiciary Committee offered the following substitute to SB 418:

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 provide that all prior convictions and pleas of nolo contendere to charges of driving under the influence of alcohol or drugs shall be counted in imposing penalties, driving restrictions, and license suspensions regardless of

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when such pleas or convictions were obtained; to change the definition of habitual violator; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking subsections (a) and (c) of Code Section 40-5-58, relating to habitual violators, in its entirety and inserting in lieu thereof the following:
"(a) As used in this Code section, 'habitual violator' means any person who has been arrested and convicted within the United States three or more times within a five year pe riod of time, as measured from the dates of previous arrcsta for which convictions were obtained to the date of the moat recent arrest for which a conviction was obtained, of:
(1) Committing any offense covered under Code Section 40 6-64 or Code Sections 40-6391 through 40-6-395 or violating a federal law or regulation or the law of any state or a valid municipal or county ordinance substantially conforming to any offense covered under Code Section 40-6-64 or Code Sections 40-6-391 through 40-6-395; <*
(2) Committing any offense covered under Code Section 40-5-54 or violating a federal law or regulation or the law of any state or a valid municipal or county ordinance substan tially conforming to any offense under Code Section 40-5-54 within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the most recent arrest for which a conviction was obtained; or
{2} (3) Singularly or in combination, any of the offenses described in paragraph paragraphT (1) and (2) of this subsection."
In order to determine whether a person is a habitual violator, the Department of Public Safety shall: (1) review a person's driver's license record for the preceding five years, as measured from the date of any previous arrests for which convictions were obtained to the date of the most recent arrest for which a conviction was obtained for any offense covered under Code Section 40-5-54 or any substantially similar federal law or law of another state or a county or municipal ordinance, and (2) review a person's entire driver's license record for any previous arrests for an offense covered under Code Section 40-6-391 through 40-6395 or any substantially similar federal law or law of another state or a county or municipal ordinance, regardless of the date of such previous conviction.
"(c) (1) Except as provided in paragraph (2) of this subsection or in subsection (e) of this Code section, it shall be unlawful for any person to operate any motor vehicle in this state after such person has received notice that his driver's license has been revoked as provided in subsection (b) of this Code section, if such person has not thereafter obtained a valid driver's license. Any person declared to be a habitual violator and whose driver's li cense has been revoked under this Code section and who is thereafter convicted of operating a motor vehicle before the Department of Public Safety has issued such person a driver's license or before the expiration of five years from such revocation, whichever occurs first, shall be punished by a fine of not less than $750.00 or by imprisonment in the penitentiary for not less than one nor more than five years, or both. Any person declared to be a habitual violator and whose driver's license has been revoked and who is convicted of operating a motor vehicle after the expiration of five years from such revocation but before the Depart ment of Public Safety has issued such person a driver's license shall be guilty of a misdemeanor.
(2) Any person declared to be a habitual violator as a result of three or more convictions of violations of Code Section 40-6-391 within a fivo-ycar period of time, as measured from the datca of previous arrests for which convictions were obtained to the date of the moat recent arrest for which a conviction was obtained, and who is thereafter convicted of operat ing a motor vehicle during such period of revocation, prior to the issuance of a probationary license under subsection (e) of this Code section or before the expiration of five years, shall be guilty of the felony of habitual impaired driving and shall be punished by a fine of not less than $1,000.00 or by imprisonment in the penitentiary for not less than one nor more than five years, or both."

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289

Section 2. Said title is further amended by striking subsection (a) of Code Section 40-563, relating to periods of 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 offenac, with no arrest and conviction of and no plea of nolo contcndcrc accepted to such offcngc within the previous five years, aa mea sured from the dates of previous arrests for which convictions were obtained to the date of the current nrrcat for which a conviction is obtained, violating Code Section 40-6-391, the period of suspension shall be for 12 months. Upon the first conviction of any offenseUsted in Code Section 40-5-54, with no arrest and conviction of and no plea of nolo contendere accepted to such offense within the previous five years, as measured from the dates of previ ous 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 12 months. At the end of 120 days, the person may apply to the Department of Public Safety for reinstatement of 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 Re sources 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 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, an ac cepted 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, aa measured from the dates of previ ous arrests for which convictions were obtained of pleas of nolo contcndcrc accepted to the date of the current arrcat for which a plea of nolo contendere ia accepted, shall not be considered a conviction; however, the court having jurisdiction shall forward, as provided in Code Section 40-6-391.1, the record of such disposition of the case to the Department of Public Safety and the record of such disposition shall be kept on file for the purpose of considering and counting such accepted plea of nolo contendere as a conviction under paragraphs (2) and (3) of this subsection;
(2) Upon the second conviction of any such offenae within five years, as measured from the dates of previous arrests for which convictiona were obtained to the date of the current arreat for which a conviction is obtained violating Code Section 40-6-391, without regard to the date of any previous conviction, the period of suspension shall be for three years. Upon the second conviction of any offense listed in Code Section 40-5-54 within the previous 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 reinstatement of 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

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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 resto ration 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 sub mits 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 pur poses of this paragraph, a plea of nolo contendere and all previous accepted pleas of nolo contendere to an offense listed in Code Section 40-5-54 within such five year period of time five years 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, aa measured from the dates of previous arrcata for which convictions were obtained or pleas of nolo contendere were accepted to the date of the cur rent arrest for which a plea of nolo contendere ia accepted, shall be considered and counted as convictions; or
(3) Upon the third conviction of any such offcnsc within five years, a3 measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction ia obtained violating Code Section 40-6-391, without regard to the dates of previous convictions, or upon the third conviction of any offense listed in Code Section 40-5-54 within the previous five years, as measured from the dates of previous ar rests for which convictions were obtained to the date of the current arrest for which a con viction is obtained, such person shall be considered a habitual violator, and 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 paragraph, a plea of nolo contendere and all prior accepted pleas of nolo contendere to a charge of violating Code Section 40-6-391 within five years, as measured from the dates of previous arrcats for which convictions were obtained or plcaa of nolo contendere were accepted to the date of the current arrest for which--a plea of nolo contendere is accepted, shall be considered and counted as convictions."
Section 3. Said title is further amended by adding at the end of Code Section 40-5-63, relating to periods of suspension, a new subsection (f) to read as follows:
"(f) For the purpose of determining the period of suspension of a driver's license for a conviction of violating Code Section 40-6-391, the department shall review and utilize all previous such convictions, regardless of the date of such convictions."
Section 4. Said title is further amended by striking subsection (c) of Code Section 40-6391, relating to driving under the influence of alcohol or drugs, in its entirety and inserting in lieu thereof the following:
"(c) Every person convicted of violating this Code section shall, upon a first or second conviction thereof, be guilty of a misdemeanor and, upon a third or subsequent conviction thereof, be guilty of a high and aggravated misdemeanor and shall be punished as follows:
(1) First For the first conviction with no previous conviction of and no plea of nolo contendere accepted to a charge of violating this Code section within the previous five years, as measured from the datca of previous arrcata for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrcat for which a conviction is obtained or a plea of nolo contenderc is accepted:
(A) A fine of not less than $300.00 nor more than $1,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or proba tion; and
(B) A period of imprisonment of not less than ten days nor more than 12 months, which period of imprisonment may, at. At the sole discretion of and under such terms and condi tions as the judge; shall impose, all but 24 hours of any" term of imprisonment imposed under this paragraph may be suspended, stayed, or probated;
(2) For the second conviction within a five'year period of time, as measured from the dates of previous arrcsta for which convictions were obtained or pleas of nolo contendcre

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were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contcndcrc is accepted:
(A) A fine of not less than $600.00 nor more than $1,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or proba tion; and
(B) (i) A period of imprisonment of not less than 90 days nor more than 12 months. The judge, at his At the sole discretion of and under such terms and conditions as he the judge shall impose, may suspend, stay, or~probatc all but 48 hours of any term of imprison^ ment imposed under this paragraph may be suspended, stayed, or probated.
(ii) The judge, at his At the sole discretion, may suspend, stay, or probate of the judge, the minimum 48 hour term of imprisonment not subject to suspension, stay, or probation under division (i) of this subparagraph, provided that a condition of the suspension, otay, or probation of the minimum 48 hour term of imprisonment shall be may be suspended, stayed, or probated on the condition that the defendant shall perform not less than 80 hours of community service;
(3) For the third or subsequent conviction within a five year period of time, as mea sured from the dates of previous arrcats for which convictions were obtained or pleas of nolo contcndcrc were accepted to the date of the current arrest for which a conviction is obtained or a pica of nolo contenders ia accepted:
(A) A fine of not less than $1,000.00 and not more than $5,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation; and
(B) (i) A mandatory period of imprisonment of not less than 120 days nor more than 12 months. The judge, at his At the sole discretion of and under such terms and conditions as he the judge shall impose, may suspend, stay, or"probate all but ten days of any term of imprisonment imposed under this paragraph may be suspended, stayed, or probated.
(ii) The judge, at his At the sole discretion, may suspend, stay, or probate of the judge, the minimum ten-day term of imprisonment not subject to suspension, stay, or probation under division (i) of this subparagraph, provided that a condition of the suspension, stay, or probation of the minimum ten-day term of imprisonment shall be may be suspended, stayed, or probated on the condition that the defendant shall perform not less than 30 days of community service;
(4) For the purpose of imposing a sentence under this subsection, a plea of nolo contendere shall constitute a conviction.
(5) For the purpose of imposing a sentence under this subsection, the department shall make"available and the sentencing court shall utilize the defendant's entire record of previ ous convictions for violations of this Code section, regardless of the date of such previous conviction."
Section 5. 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 Brown of 26th Burton Cheeks Clay Coleman

Crotts Day Dean Edge Egan Gillis

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Glanton Gochenour Guhl Harbison Hemmer Henson Hill Hooks
Huggins
Isakson Kemp Langford of 29th

Madden Marable McGuire Middleton Newbill Oliver Parrish Perdue
Pollard
Ragan of llth Ragan of 32nd Ralston

Ray Robinson Scott Slotin Starr ,,, Jaylor Thomas
Thompson
Turner Tysinger Walker

Those not voting were Senators:

Broun of 46th

Farrow

Langford of 35th

On the passage of the bill, the yeas were 53, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute.

SB 440. By Senators Taylor of the 12th, Brown of the 26th, Middleton of the 50th and others:
A bill to provide measures and procedures to enhance school safety and to pro vide that certain juvenile offenders who commit certain violent felonies shall be tried as adults in the superior court and, upon conviction, sentenced directly to the custody of the Department of Corrections for placement in designated youth confinement units operated by the Department of Corrections; to provide for an effective date and applicability.

The Senate Judiciary Committee offered the following substitute to SB 440:

A BILL
To be entitled an Act to provide measures and procedures to enhance school safety and to provide that certain juvenile offenders who commit certain violent felonies shall be tried as adults in the superior court and, upon conviction, sentenced directly to the custody of the Department of Corrections for placement in designated youth confinement units operated by the Department of Corrections; to provide for a short title; to provide for legislative findings and objectives; to amend Title 16 of the Official Code of Georgia Annotated, known as the "Criminal Code of Georgia," so as to change the penalty provisions relating to the crimes of aggravated assault and aggravated battery when such crimes are committed against a student or teacher or other school personnel within a school safety zone; to change the provisions relating to the crime of carrying weapons at school functions or on school property and to make it unlawful to carry weapons within school safety zones; to define certain terms; to provide penalties for the commission of such a crime; to provide certain exceptions; to provide that certain circumstances shall not constitute a defense to a prosecu tion for carrying weapons within school safety zones or at school functions or on school property; to provide that in the prosecution of such offenses certain maps shall constitute prima-facie evidence of the location of school safety zones; to authorize the posting of signs designating "Weapon-free and Violence-free School Safety Zones"; to change the penalty for failure to leave a campus or facility of a public school or of a unit of the university system; to change the provisions relating to the crime of furnishing weapons to persons under 21 years of age; to define the crime of unlawfully furnishing or permitting a minor to possess a pistol or revolver; to provide that certain conduct of a parent or legal guardian shall be deemed to be the commission of such crime; to provide penalties for the commission of such a crime; to make it unlawful for any person under the age of 18 years to possess or have under such person's control a loaded pistol or revolver; to provide exceptions; to provide

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penalties for the commission of such a crime; to provide the circumstances under which a pistol or revolver is considered loaded; to amend Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to loitering at or disrupting schools, so as to require public schools to prepare school safety plans; to require school safety plans to ad dress certain security issues; to provide for state funding for safety equipment including, but not limited to, video surveillance cameras, metal detectors, and other similar security de vices in schools under certain circumstances; to make it unlawful to loiter within school safety zones; to provide for enforcement; to provide a penalty for the commission of such a crime; to change the penalty for the crime of disrupting a public school; to change the provi sions relating to the reporting of students who commit certain prohibited acts upon school property or at school functions; to require certain reports to be made by the principal or the principal's designee; to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change the provisions relating to the jurisdiction of the juvenile court; to provide that the superior court shall have exclu sive jurisdiction over matters concerning children 13 to 17 years of age who are alleged to have committed certain violent felonies; to provide for the transfer of certain cases to the juvenile court where a child charged with a violent offense is convicted of a lesser included offense; to provide for the sentencing and detention of children 13 to 17 years of age who are convicted of certain violent offenses; to change the provisions relating to the transfer of criminal or quasi-criminal proceedings to the juvenile court; to change the provisions relat ing to when a child may be taken into custody; to change the provisions relating to the procedure upon taking a child into custody; to change the provisions relating to place of detention for delinquents, capital offenders, or deprived children; to provide for notification to the superior court when a person charged with certain violent felonies appears to be 13 to 17 years of age; to change the provisions relating to the disposition of a child committing a delinquent act constituting an AIDS transmitting crime; to provide that certain juveniles sentenced to the custody and control of the Department of Corrections shall be HIV tested; to change the provisions relating to designated felony acts; to change the definition of the term "designated felony act"; to change the provisions relating to the nature and effect of adjudication of a child and to provide a certain exception; to provide an exception to the provisions relating to transfers of offenses to another court for prosecution; to change provi sions relating to when a child may be fingerprinted or photographed; to require the taking of fingerprints of any child 13 to 17 years of age charged with any offense over which the superior court has exclusive or concurrent jurisdiction; to provide that juveniles sentenced to the custody of the Department of Corrections shall be fingerprinted; to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedures for sentencing and imposition of punishment, so as to change the provisions relating to the committal of a person under 17 years of age who is convicted of a felony; to provide that persons 13 to 17 years of age who are convicted of certain violent felonies shall be commit ted to the Department of Corrections; to provide for the confinement of such persons; to provide for severability; to provide for an effective date and applicability; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. This Act shall be known and may be cited as the "School Safety and Juvenile Justice Reform Act of 1994."
Section 2. It is found and determined by the General Assembly of Georgia that:
(1) The State of Georgia should ensure a safe and secure learning environment for its students and teachers and other school personnel;
(2) A large part of school violence is attributed to children carrying handguns and other weapons to school;
(3) School safety will be enhanced by banning possession of handguns by children under 18 years of age and providing for penalties with respect to those children who illegally possess handguns and to persons who sell or furnish handguns to such children;

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(4) School safety will be further enhanced by providing for school safety zones where weapons and violence will not be tolerated and where those who commit offenses which jeopardize the safety of students and teachers and other school personnel shall be subject to increased penalties;
(5) There is a need for secure placement of certain violent juvenile offenders who con stitute a significant threat to the safety of students enrolled in schools, to the citizens of Georgia, and to themselves;
(6) The safety of students enrolled in schools and the citizens of Georgia will be en hanced by requiring that certain violent juvenile offenders who commit certain violent felo nies be tried as adults in the superior court and sentenced directly to the custody of the Department of Corrections for placement in designated youth confinement units operated by the Department of Corrections; and
(7) The Department of Children and Youth Services should apply its resources to the care, treatment, and rehabilitation of less violent and nonviolent juvenile offenders and to developing community based treatment programs and aftercare programs for less violent or nonviolent juvenile offenders.
Section 3. Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to loitering at or disrupting schools, is amended by adding immediately following Code Section 20-2-1184 a new Code Section 20-2-1185 to read as follows:
"20-2-1185. (a) Every public school shall prepare a school safety plan to help curb the growing incidence of violence in school and to provide a safe learning environment for Geor gia's children and teachers and other school personnel. School safety plans shall be prepared with input from students enrolled in that school, parents or legal guardians of such stu dents, teachers in that school, community leaders, and local law enforcement agencies.
(b) A public school may request funding assistance from the state for the installation of safety equipment including, but not limited to, video surveillance cameras, metal detectors, and other similar security devices. Funding may be provided to a public school in accor dance with a school safety plan prepared by the school and approved by the local board of education and the Department of Education.
(c) School safety plans prepared by public schools shall address security issues in school safety zones as defined in paragraph (1) of subsection (a) of Code Section 16-11-127.1. School safety plans should also address security issues involving the transportation of pupils to and from school and school functions when such transportation is furnished by the school or school system."
Section 4. Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to the carrying and possession of firearms, is amended by striking in its entirety Code Section 16-11-127.1, relating to the carrying of weapons at school functions or on school property, and inserting in lieu thereof a new Code Section 16-11-127.1 to read as follows:
"16-11-127.1. (a) It shall be unlawful for any person to carry to or to poascaa or have under auch person's control while at a school building, school function, or school property or on a bus or other transportation furnished by the school any weapon or cxploaivc com pound, other than fircwoflcs the possession of which is regulated by Chapter 10 of Title 26. Any person who violates this subsection shall, upon conviction thereof, be punished by a fine of not more than $6,000.00, by imprisonment for not less than one nor more than five years, or by both. As used in this Code section, the term:
(1) 'School safety zone' means in, on, or within 1,000 feet of any real property owned by or leased to any public or private elementary school, secondary school, or school board and used for elementary or secondary education and in, on, or within 1,000 feet of the campus of any public or private technical school, vocational school, college, university, or institution oT postsecondary education!
(2) 'Weapon' (b) For the purposes of this Code section, the term 'weapon' means and

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includes any pistol, revolver, or any weapon designed or intended to propel a missile of any kind, or any dirk, bowie knife, switchblade knife, ballistic knife, any other knife having a blade of three or more inches, straight-edge razor, spring stick, metal knucks, blackjack, or any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain, or any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart, or any weapon of like kind, and any stun gun or taser as defined in subsection (a) of Code Section 16-11-106.
(b) Except as otherwise provided in subsection (c) of this Code section, it shall be un lawful for any person to carry to or to possess or have under such person's control while within a school safety zone or at a school building, school function, or school property or on a bus or other transportation furnished by the school any weapon or explosive compound, other than fireworks the possession of which is regulated by Chapter 10 of Title 25. Any person who violates this subsection shall be guilty of a felony and, upon conviction thereof^ be punished by a fine of not more than $10,000.00, by imprisonment for not less than two nor more than ten years, or both. A juvenile who violates this subsection shall be subject to the provisions of Code Section 15-11-37T
(c) The provisions of this Code section shall not apply to:
(1) Competitors while participating in organized sport shooting events;
(2) Persons participating in military training programs conducted by or on behalf of the armed forces of the United States or the Georgia Department of Defense;
(3) Persons participating in law enforcement training conducted by a police academy certified by the Peace Officer Standards and Training Council or by a law enforcement agency of the state or the United States or any political subdivision thereof;
{3} (4) The following persons, when acting in the performance of their official duties or when erTrbute to or from their official duties:
(A) A peace officer as defined by Code Section 35-8-2;
(B) A law enforcement officer of the United States government;
(C) A prosecuting attorney of this state or of the United States;
(D) An employee of the Georgia Department of Corrections or a correctional facility operated by a political subdivision of this state or the United States who is authorized by the head of such correctional agency or facility to carry a firearm; n4
(E) A person employed as a campus police officer or school security officer who is au thorized to carry a weapon in accordance with Chapter 8 of Title 20; and
(F) Medical examiners, coroners, and their investigators who are employed by the state or any political subdivision thereof;
{4} (5) A person who has been authorized in writing by a duly authorized official of the school tcTKave in such person's possession or use as part of any activity being conducted at a school building, school property, or school function a weapon which would otherwise be pro hibited by this Code section. Such authorization shall specify the weapon or weapons which have been authorized and the time period during which the authorization is valid;
{&} ^6) A person who is licensed in accordance with Code Section 16-11-129 or issued a permit pursuant to Code Section 43-38-10, when such person carries or picks up a student at a school building, school function, or school property or on a bus or other transportation furnished by the school;
46} (7) A weapon which is in a locked container in or a locked firearms rack which is on a motor vehicle which is used to bring to or pick up a student at a school building, school function, or school property or on a bus or other transportation furnished by the school, or

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when such vehicle is used to transport someone to an activity being conducted on school property which has been authorized by a duly authorized official of the school;
ty (8) Persons employed in fulfilling defense contracts with the government of the United States or agencies thereof when possession of the weapon is necessary for manufac ture, transport, installation, and testing under the requirements of such contract;
{8} (9) Those employees of the State Board of Pardons and Paroles when specifically designate? and authorized in writing by the members of the State Board of Pardons and Paroles to carry a weapon;
49} (10) The Attorney General and those members of his or her staff whom he or she specifically authorizes in writing to carry a weapon;
(11) Probation supervisors employed by and under the authority of the Depart ment of Corrections pursuant to Article 2 of Chapter 8 of Title 42, known as the 'State-wide Probation Act,' when specifically designated and authorized in writing by the director of Division of Probation;
(12) Public safety directors of municipal corporations; *d
412) (13) Trial judges; 7
(14) United States attorneys and assistant United States attorneys; or
(15) Clerks of the superior courts.
(d) (1) This Code section shall not prohibit any person who resides or works in a business~Iocated within a school safety zone from carrying, possessing, or having under such person's control a weapon within a school safety zone; provided, however, it shall be unlaw ful for any such person to carry, possess, or have under such person's control while at a school building or school function or on school property, a school bus, or other transporta tion furnished by the school any weapon or explosive compound, other than fireworks the possession of which is regulated by Chapter 10 of Title 25.
(2) Any person who violates this subsection shall be subject to the penalties specified in subsection (b) of this Code section.
(3) This subsection shall not be construed to waive or alter any legal requirement for possession of weapons or firearms otherwise required by law.
(e) It shall be no defense to a prosecution for a violation of this Code section that:
(1) School was or was not in session at the time of the offense;
(2) The real property was being used for other purposes besides school purposes at the time of the offense; or
(3) The offense took place on a school vehicle.
(f) In a prosecution under this Code section, a map produced or reproduced by any municipal or county agency or department for the purpose of depicting the location and boundaries of the area on or within 1,000 feet of the real property of a school board or a private or public elementary or secondary school that is used for school purposes or within 1,000 feet of any campus of any public or private technical school, vocational school, college^ university, or institution of postsecondary education, or a true copy of the map, shall, if certified as a true copy by the custodian of the record, be admissible and shall constitute prima-facie evidence of the location and boundaries of the area, if the governing body of the municipality or county has approved the map as an official record of the location and boundaries of the area. A map approved under this Code section may be revised from time to time by the governing body of the municipality or county. The original of every map approved or revised under this subsection or a true copy of such original map shall be filed with the municipality or county and shall be maintained as an official record of the munici pality or county. This subsection shall not preclude the prosecution from introducing or relying upon any other evidence or testimony to establish any element of this offense. This

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subsection shall not preclude the use or admissibility of a map or diagram other than the one which has been approved by the municipality or county.
(g) A county school board may adopt regulations requiring the posting of signs designating the areas within 1,000 feet of school boards and private or public elementary and secondary schools as 'Weapon-free and Violence-free School Safety Zones.'"
Section 5. Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to loitering at or disrupting schools, is amended by striking in its entirety Code Section 20-2-1180, relating to the prohibition against loitering on school property, and in serting in lieu thereof a new Code Section 20-2-1180 to read as follows:
"20-2-1180. (a) It shall be unlawful for any person to loiter upon the premises or within the school safety zone as defined in paragraph (1) of subsection (a) of Code Section 16-11~ 127.1 of any public or private school in this state or to remain upon such premises or within such school safety zone when that person does not have a legitimate cause or need to be present thereon. Each principal of each public or private school in this state shall have the authority to exercise such control over the buildings and grounds upon which a school is located so as to prohibit any person who does not have a legitimate need or cause to be present thereon from loitering upon such premises. Each principal of each public or private school in this state shall notify the appropriate law enforcement agency to prohibit any person who does not have a legitimate need or cause to be present therein from loitering within the school safety zone.
(b) Any person who shall not have any legitimate cause or need to be present upon the premises or within the school safety zone of any public or private school in this state who shall willfully fail to remove himself or herself from such premises after the principal of such school shall request him or her to do so shall be guilty of a misdemeanor of a high and aggravated nature."
Section 6. Said Article 27 is further amended by striking in its entirety Code Section 20-2-1181, relating to the penalty for disrupting a public school, and inserting in lieu thereof a new Code Section 20-2-1181 to read as follows:
"20-2-1181. It shall be unlawful for any person to disrupt or interfere with the operation of any public school. Any person violating this Code section shall be guilty of a misde meanor of a high and aggravated nature."
Section 7. Said Article 27 is further amended by striking in its entirety Code Section 20-2-1184, relating to the reporting of students who commit prohibited acts, and inserting in lieu thereof a new Code Section 20-2-1184 to read as follows:
"20-2-1184. (a) Any teacher or other person employed at any public or private elemen tary or secondary school who has reasonable cause to believe that a student at that school has committed any act upon school property or at any school function, which act is prohib ited by any of the following:
(1) Code Section 16-5-21, relating to aggravated assault if a firearm is involved;
ft) (2) Code Section 16-5-24, relating to aggravated battery;
i& (3) Chapter 6 of Title 16, relating to sexual offenses;
43} (4) Code Section 16-11-127, relating to carrying deadly weapons at public gather ings; er
(5) Code Section 16-11-127.1, relating to carrying weapons at school functions or on school property or within school safety zones;
(6) Code Section 16-11-132, relating to the illegal possession of a pistol or revolver by a person under 18 years of age; or
f*> (7) Code Section 16-13-30, relating to possession and other activities regarding mari juana and" con trolled substances, may make n written shall immediately report of that the act and the name of the student to the principal of that school or the principal's designee.

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(b) The principal or designee who receives a report made pursuant to subsection (a) of this Code section who has reasonable cause to believe that the report is valid shall make an oral report thereof as soon as possible immediately by telephone or otherwise to the appro priate school system superintendent, if the superintendent has reasonable cause to believe that the report is valid, he shall immediately make a written and oral report to the appro priate police authority and district attorney.
(c) Any person participating in the making of a report or causing a report to be made as authorized or required pursuant to this Code section or participating in any judicial pro ceeding or any other proceeding resulting therefrom shall in so doing be immune from any civil or criminal liability that might otherwise be incurred or imposed, providing such par ticipation pursuant to this Code section is made in good faith.
(d) Any person required to make a report pursuant to this Code section who knowingly and willfully fails to do so shall be guilty of a misdemeanor."
Section 8. Title 16 of the Official Code of Georgia Annotated, known as the "Criminal Code of Georgia," is amended by striking in its entirety Code Section 16-5-21, relating to the crime of aggravated assault, and inserting in lieu thereof a new Code Section 16-5-21 to read as follows:
"16-5-21. (a) A person commits the offense of aggravated assault when he or she assaults:
(1) With intent to murder, to rape, or to rob; or
(2) With a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury.
(b) Except as provided in subsections (c), (d), (e), ad (f), and (g) of this Code section, a person convicted of the offense of aggravated assault shall be punished by imprisonment for not less than one nor more than 20 years.
(c) A person who knowingly commits the offense of aggravated assault upon a peace officer while the peace officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years.
(d) Any person who commits the offense of aggravated assault against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 20 years.
(e) (1) As used in this subsection, the term 'correctional officer' shall include superin tendents, wardens, deputy wardens, guards, and correctional officers of state, county, and municipal penal institutions who are certified by the Georgia Peace Officer Standards and Training Council pursuant to Chapter 8 of Title 35.
(2) A person who knowingly commits the offense of aggravated assault upon a correc tional officer while the correctional officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years.
(f) Any person who commits the offense of aggravated assault in a public transit vehicle or station shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 20 years. For purposes of this Code section, 'public transit vehicle' has the same meaning as in subsection (c) of Code Section 16-5-20.
(g) Any person who commits the offense of aggravated assault involving the use of a firearm upon a student or teacher or other school personnel within a school safety zone as defined in paragraph (1) of subsection (a) of Code Section 16-11-127.1 shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years.
Section 9. Said Title 16 is further amended by striking in its entirety Code Section 16-

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5-24, relating to the crime of aggravated battery, and inserting in lieu thereof a new Code Section 16-5-24 to read as follows:
"16-5-24. (a) A person commits the offense of aggravated battery when he or she mali ciously causes bodily harm to another by depriving him or her of a member of his or her body, by rendering a member of his or her body useless, or by seriously disfiguring his or her body or a member thereof.
(b) Except as provided in subsections (c), (d), (e), ad (f), and (g) of this Code section, a person convicted of the offense of aggravated battery shall be punished by imprisonment for not less than one nor more than 20 years.
(c) A person who knowingly commits the offense of aggravated battery upon a peace officer while the officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than ten nor more than 20 years.
(d) Any person who commits the offense of aggravated battery against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years.
(e) (1) As used in this subsection, the term 'correctional officer' shall include superin tendents, wardens, deputy wardens, guards, and correctional officers of state, county, and municipal penal institutions who are certified by the Georgia Peace Officer Standards and Training Council pursuant to Chapter 8 of Title 35.
(2) A person who knowingly commits the offense of aggravated battery upon a correc tional officer while the correctional officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than ten nor more than 20 years.
(f) Any person who commits the offense of aggravated battery in a public transit vehicle or station shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. For purposes of this Code section, 'public transit vehicle' has the same meaning as in subsection (c) of Code Section 16-5-20.
(g) Any person who commits the offense of aggravated battery upon a student or teacKer or other school personnel within a school safety zone as defined in paragraph (1) of subsection (a) of Code Section 16-11-127.1 shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years."
Section 10. Said Title 16 is further amended by striking in its entirety subsection (b) of Code Section 16-11-35, relating to the failure to leave a campus or facility of a public school or of a unit of the university system, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) In any case in which a person who is not a student or officer or employee of a unit of the university system or of a public school and who is not required by his or her employ ment to be on the campus or any other facility of any such unit or of any public school enters the campus or facility, and it reasonably appears to the chief administrative officer of the campus or facility, or to any officer or employee designated by him or her to maintain order on the campus or facility, that such person is committing any act likely to interfere with the peaceful conduct of the activities of the campus or facility, or has entered the campus or facility for the purpose of committing any such act, the chief administrative of ficer or the officers or employees designated by him or her to maintain order on the campus or facility may direct the person to leave the campus or facility, and, if the person fails to do so, he or she shall be guilty of a misdemeanor of a high and aggravated nature."
Section 11. Said Title 16 is further amended by striking in its entirety Code Section 1611-101, relating to the crime of furnishing weapons to persons under 21 years of age, and inserting in lieu thereof a new Code Section 16-11-101 to read as follows:
"16-11-101. Except as otherwise provided in Code Section 16-11-101.1, a A person is

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guilty of a misdemeanor when he or she knowingly sells to or furnishes to a person under the age of 21 years a pistol, metal knuckles, or knife designed for the purpose of offense and defense."
Section 12. Said Title 16 is further amended by adding at the end of Part 3 of Article 4 of Chapter 11, relating to carrying and possession of firearms, a new Code Section 16-1-132 to read as follows:
"16-11-132. (a) (1) For the purposes of this Code section, the term 'pistol' or 'revolver' means a firearm of any description, loaded or unloaded, from which any shot, bullet, or other missile can be discharged where the length of the barrel, not including any revolving, detachable, or magazine breech, does not exceed 12 inches.
(2) For the purposes of this Code section, a pistol or revolver is considered loaded if:
(A) There is a cartridge in the chamber or cylinder of the pistol or revolver;
(B) The person is carrying on his or her body or attached to his or her clothing the pistol or revolver and the ammunition for such pistol or revolver; or
(C) The pistol or revolver and the ammunition for such pistol or revolver are in such close proximity to such person that such person could readily gain access to the pistol or revolver and the ammunition and load the pistol or revolver.
(b) Notwithstanding any other provisions of this part and except as otherwise provided in this Code section, it shall be unlawful for any person under the age of 18 years to possess or have under such person's control a pistol or revolver. A person convicted of a first viola tion of this subsection shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $1,000.00 or by imprisonment for not more than 12 months, or both. A person convicted of a second or subsequent violation of this subsection shall be guilty of a felony and shall be punished by a fine not to exceed $5,000.00 or by imprisonment for not less than one nor more than three years, or both.
(c) Except as otherwise provided in subsection (d) of this Code section, the provisions of subsection (b) of this Code section shall not apply to:
(1) Any person under the age of 18 years who is:
(A) Attending a hunter education course or a firearms safety course;
(B) Engaging in practice in the use of a firearm or target shooting at an established range authorized by the governing body of the jurisdiction where such range is located;
(C) Engaging in an organized competition involving the use of a firearm or participating in or practicing for a performance by an organized group under 26 U.S.C Section 501(c)(3) which uses firearms as a part of such performance;
(D) Hunting or fishing pursuant to a valid license if such person has in his or her pos session such a valid hunting or fishing license if required; is engaged in legal hunting or fishing; has permission of the owner of the land on which the activities are being conducted; and the pistol or revolver, whenever loaded, is carried only in an open and fully exposed manner; or
(E) Traveling to or from any activity described in subparagraphs (A) through (D) of this paragraph if the pistol or revolver in such person's possession is unloaded;
(2) Any person under the age of 18 years who is on real property under the control of such person's parent, legal guardian, or grandparent and who has the permission of such person's parent or legal guardian to possess a pistol or revolver; or
(3) Any person under the age of 18 years who is at such person's residence and who, with the permission of such person's parent or legal guardian, possesses a pistol or revolver for the purpose of exercising the rights authorized in Code Section 16-3-21 or 16-3-23.
(d) Subsection (c) of this Code section shall not apply to any person under the age of 18 years who has been convicted of a forcible felony or forcible misdemeanor, as defined in

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Code Section 16-1-3, or who has been adjudicated delinquent under the provisions of Article 1 of Chapter 11 of Title 15 for an offense which would constitute a forcible felony or forcible misdemeanor, as defined in Code Section 16-1-3, if such person were an adult."
Section 13. Said Title 16 is further amended by adding between Code Sections 16-11101 and 16-11-102 a new Code Section 16-11-101.1 to read as follows:
"16-11-101.1. (a) For the purposes of this Code section, the term:
(1) 'Minor' means any person under the age of 18 years.
(2) 'Pistol or revolver' means a pistol or revolver as defined in subsection (a) of Code Section 16-11-132.
(b) It shall be unlawful for a person intentionally, knowingly, or recklessly to sell or furnish a pistol or revolver to a minor, except that it shall be lawful for a parent or legal guardian to permit possession of a pistol or revolver by a minor for the purposes specified in subsection (c) of Code Section 16-11-132 unless otherwise expressly limited by subsection (c) of this Code section.
(c) (1) It shall be unlawful for a parent or legal guardian to permit possession of a pistol or revolver by a minor if the parent or legal guardian knows of a minor's conduct which violates the provisions of Code Section 16-11-132 and fails to make reasonable efforts to prevent any such violation of Code Section 16-11-132.
(2) Notwithstanding any provisions of subsection (c) of Code Section 16-11-132 or any other law to the contrary, it shall be unlawful for any parent or legal guardian intentionally, knowingly, or recklessly to furnish to or permit a minor to possess a pistol or revolver if such parent or legal guardian is aware of a substantial risk that such minor will use a pistol or revolver to commit a felony offense or if such parent or legal guardian who is aware of such substantial risk fails to make reasonable efforts to prevent commission of the offense by the minor.
(3) In addition to any other act which violates this subsection, a parent or legal guard ian shall be deemed to have violated this subsection if such parent or legal guardian fur nishes to or permits possession of a pistol or revolver by any minor who has been convicted of a forcible felony or forcible misdemeanor, as defined in Code Section 16-1-3, or who has been adjudicated delinquent under the provisions of Article 1 of Chapter 11 of Title 15 for an offense which would constitute a forcible felony or forcible misdemeanor, as defined in Code Section 16-1-3, if such minor were an adult.
(d) Upon conviction of a violation of subsection (b) or (c) of this Code section, a person shall be guilty of a felony and punished by a fine not to exceed $5,000.00 or by imprison ment for not less than two nor more than five years, or both."
Section 14. Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Anno tated, relating to juvenile proceedings, is amended by striking in its entirety Code Section 15-11-5, relating to the jurisdiction of the juvenile court, and inserting in lieu thereof a new Code Section 15-11-5 to read as follows:
"15-11-5. (a) Exclusive original jurisdiction. Except as provided in subsection (b) of this Code section, the The court shall have exclusive original jurisdiction over juvenile matters and shall be the sole court for initiating action:
(1) Concerning any child:
(A) Who is alleged to be delinquent, except when the allegation ia baaed on a delin quent act which would be considered a crime if tried in a superior court and for which the child may be punished by loss of life or confinement for life in a penal inatitution;
(B) Who is alleged to be unruly;
(C) Who is alleged to be deprived;

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(D) Who is alleged to be in need of treatment or commitment as a mentally ill or men tally retarded child;
(E) Who is alleged to have committed a juvenile traffic offense as defined in Code Sec tion 15-11-49; or
(F) Who has been placed under the supervision of the court or on probation to the court; provided, however, that such jurisdiction shall be for the sole purpose of completing, effectuating, and enforcing such supervision or a probation begun prior to the individual's seventeenth birthday; or
(2) Involving any proceedings:
(A) For obtaining judicial consent to the marriage, employment, or enlistment in the armed services of any person if such consent is required by law;
(B) Under the Interstate Compact on Juveniles, or any comparable law, if enacted or adopted in this state;
(C) For the termination of the legal parent-child relationship, other than that in con nection with adoption proceedings under Chapter 8 of Title 19, in which the superior courts shall have exclusive jurisdiction to terminate the legal parent-child relationship and the rights of the biological father who is not the legal father of the child; or
(D) Under Article 3 of this chapter, relating to prior notice to a parent or guardian relative to an unemancipated minor's decision to seek an abortion.
(b) Concurrent criminal Criminal jurisdiction.
(1) Except as provided in paragraph (2) of this subsection, the The court shall have concurrent jurisdiction with the superior court over a child who is alleged to have commit ted a delinquent act which would be considered a crime if tried in a superior court and for which the child may be punished by loss of life, imprisonment for life without possibility of parole, or confinement for life in a penal institution.
(2) (A) The superior court shall have exclusive jurisdiction over any matter concerning any ~chi\A 13 to 17 years of age who is alleged to have committed any of the following offensesT
(i) Murder;
(ii) Voluntary manslaughter;
(iii) Armed robbery;
(iv) Aggravated battery;
(v) Rape;
(vi) Aggravated sodomy;
(vii) Aggravated child molestation;
(viii) Aggravated sexual battery;
(ix) Kidnapping; or
(x) Arson in the first degree.
(B) The superior court may transfer any case involving a child 13 to 17 years of age alleged to have committed any offense enumerated in subparagraph (A) of this paragraph^ and convicted of a leaser included offense not included in subparagraph (A) of this para~ graph to the juvenile court of the county of the child's residence for disposition. Upon such a transfer by the superior court, jurisdiction shall vest in the juvenile court and jurisdiction of the superior court shall terminate. Before indictment, the district attorney may, after investigation and for extraordinary cause, decline prosecution in the superior court of a child 13 to 17 years of age alleged to have committed an offense specified in subparagrapH (A) of this paragraph. Upon declining such prosecution in the superior court, the district

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attorney shall immediately withdraw the case and lodge it in the appropriate juvenile court

for disposition.

~

(c) Concurrent custody and support jurisdiction. Where custody is the subject of con troversy, except in those cases where the law gives the superior courts exclusive jurisdiction, in the consideration of these cases the juvenile court shall have concurrent jurisdiction to hear and determine the issue of custody and support when the issue is transferred by proper order of the superior court.

(d) Age limit for new actions. The juvenile court shall not have jurisdiction to initiate any new action against an individual for acts committed after he or she has reached the age of 17 years. This subsection does not affect the court's jurisdiction to enter extension orders pursuant to Code Section 15-11-41."

Section 15. Said article is further amended by adding between Code Sections 15-11-5 and 15-11-6 a new Code Section 15-11-5.1 to read as follows:

"15-11-5.1. A child 13 to 17 years of age convicted of any offense enumerated in subparagraph (b)(2)(A) of Code Section 15-11-5 shall be committed to the custody of the Depart ment of Corrections; provided, however, that any juvenile in the custody of the Department of Corrections shall be housed in a designated youth confinement unit until reaching the age of 17."

Section 16. Said article is further amended by striking in its entirety Code Section 1511-13, relating to the transfer of criminal or quasi-criminal proceedings to the juvenile court, and inserting in lieu thereof a new Code Section 15-11-13 to read as follows:

"15-11-13. If it appears to any court in a criminal proceeding or a quasi-criminal pro ceeding that the defendant is a child, except in cases where the superior court has exclusive or concurrent jurisdiction as provided in subsection (b) of Code Section 15-11-5, the case sEall forthwith be transferred to the juvenile court together with a copy of the accusatory pleading and all other papers, documents, and transcripts of testimony relating to the case. The transferring court shall order that the defendant be taken forthwith to the juvenile court or to a place of detention designated by the court or shall release him or her to the custody of his or her parent, guardian, custodian, or other person legally responsible for him or her, to be brought before the juvenile court at a time designated by that court. The accusatory pleading may serve in lieu of a petition in the juvenile court unless that court directs the filing of a petition."

Section 17. Said article is further amended by striking in its entirety subsection (a) of Code Section 15-11-17, relating to where a child may be taken into custody, and inserting in lieu thereof a new subsection (a) to read as follows:

"(a) A child may be taken into custody:

(1) Pursuant to an order of the court under this article, including an order to an em ployee of the Department of Children and Youth Services designated in accordance with paragraph (2) of subsection (i) of Code Section 49-4A-8 or to an employee of the Depart ment of Corrections, to apprehend a child who has escaped from an institution or facility operated either by the Department of Children and Youth Services or the Department of Corrections or a child who has been placed under supervision and who has broken the con ditions thereof;

(2) Pursuant to the laws of arrest;

(3) By a law enforcement officer or duly authorized officer of the court if there are reasonable grounds to believe that the child has committed a delinquent act or if there are reasonable grounds to believe that he or she is an unruly child;

(4) By a law enforcement officer or duly authorized officer of the court if there are reasonable grounds to believe that the child is suffering from illness or injury or is in imme diate danger from his or her surroundings and that his or her removal is necessary; or

(5) By a law enforcement officer or duly authorized officer of the court if there are

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reasonable grounds to believe that the child has run away from his or her parents, guardian, or other custodian."
Section 18. Said article is further amended by striking in its entirety paragraph (4) of subsection (a) of Code Section 15-11-19, relating to the procedure upon taking a child into custody and detention, and inserting in lieu thereof a new paragraph (4) to read as follows:
"(4) Bring the child who is suspected of committing a delinquent act before the supe rior court of the county where the delinquent act occurred if the act is an act over which the superior court has exclusive or concurrent jurisdiction as provided in subsection (b) of Code Section 15-11-5; however, pending a commitment hearing authorized under Code Sections 17-6-15 and 17-6-16 and Articles 1, 2, and 8 of Chapter 7 of Title 17 or an indictment, the child shall be returned and placed in detention, if necessary, only in such places as are authorized by Code Section 15-11-20."
Section 19. Said article is further amended by striking in its entirety Code Section 1511-20, relating to place of detention for delinquent offenders, capital offenders, or deprived children, and inserting in lieu thereof a new Code Section 15-11-20 to read as follows:
"15-11-20. (a) Allegation of delinquency. A child alleged to be delinquent may be de tained only in:
(1) A licensed foster home or a home approved by the court which may be a public or private home or the home of the noncustodial parent or of a relative;
(2) A facility operated by a licensed child welfare agency; or
(3) A detention home or center for delinquent children which is under the direction or supervision of the court or other public authority or of a private agency approved by the court.
(b) Allegation of capital or violent offense. A child alleged to have committed an offense over which the superior court has exclusive or concurrent jurisdiction under subsection (b) of Code Section 15-11-5 shall be detained pending a commitment hearing under Code Sec tions 17-6-15 and 17-6-16 and Articles 1, 2, and 8 of Chapter 7 of Title 17 or an indictment only in a facility described in paragraphs (1) through (3) of subsection (a) of this Code section unless it appears to the satisfaction of the juvenile or superior court that public safety and protection reasonably require detention in the jail and the court so orders, but only where the detention is in a room separate and removed from those for adults and constructed in such a way that there can be no physical contact between a child and an adult offender.
(c) Transfer following indictment. Following an indictment for an offense over which the superior court has exclusive or concurrent jurisdiction under subsection (b) of Code Section 15-11-5 or following the transfer of a case to any court for criminal prosecution under Code Section 15-11-39, the child shall be held only in a facility described in paragraphs (1) through (3) of subsection (a) of this Code section unless it appears to the satisfaction of the superior court that public safety and protection reasonably require deten tion in the jail and the court so orders, but only where the detention is in a room separate and removed from those for adults and constructed in such a way that there can be no physical contact between a child and an adult offender.
(d) Notification of juvenile or superior court by official of jail. The official in charge of a jail or other facility for the detention of adult offenders or persons charged with crime shall immediately inform the juvenile court or a duly authorized officer of the juvenile court if a person who is or appears to be under the age of 17 years is received at the facility and shall bring him or her before the court upon request or deliver him or her to a detention or shelter care facility designated by the court; provided, however, the official in charge of a jail or other facility for the detention of adult offenders or persons charged with crime shall immediately inform the superior court or a duly authorized officer of the superior court if a person who is or appears to be 13 to 17 years of age and who is alleged to have committee! any offense enumerated in subparagraph (b)(2)(A) of Code Section 15-11-5 is received at the

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facility and shall bring him or her before the court upon request or deliver him or her to a detention facility designated by the court. Such child shall not be held in the jail, but may be held in a temporary holding area outside of the jail constructed as such for not longer than six hours pending transfer to the detention facility. For purposes of this Code section, the term 'jail' shall include not only the cells, but any other secured area of the jail adjacent to the cells in which adult offenders are held or through which they are transported.
(e) Allegation of unruliness. A child unruly or alleged to be unruly may be detained or placed in shelter care only in the facilities stated in paragraphs (1) and (2) of subsection (a) of this Code section or in a secure juvenile detention facility for a period not to exceed 72 hours; provided, however, upon written order of the judge having jurisdiction of the case and upon good cause shown, a child alleged to be unruly may be detained for one additional period not to exceed 48 hours; provided, further, that no child alleged to be or found to be unruly who has not previously been adjudicated unruly may be detained in a secure juvenile detention facility unless such child is alleged to be under the court's jurisdiction as provided in subparagraph (D) of paragraph (12) of Code Section 15-11-2 and then shall be detained in that facility only so long as is required to effect the child's return home or to ensure the child's presence at a scheduled court appearance when the child has previously failed to appear for a scheduled court appearance. In the event a child alleged to be unruly comes within the purview of the Interstate Compact on Juveniles and the proper authorities of a demanding state have made an official return request to the proper authorities of this state, the Interstate Compact on Juveniles shall apply to the child.
(f) Allegation of deprivation. A child alleged to be deprived may be placed in shelter care only in the facilities stated in paragraphs (1) and (2) of subsection (a) of this Code section or in a shelter care facility operated by the court. The actual physical placement of a child pursuant to this subsection shall require the approval of the judge of the juvenile court or his or her designee.
(g) Data to be maintained. All facilities that detain juveniles for pretrial detention shall maintain the following data on each child detained:
(1) Name;
(2) Date of birth;
(3) Sex;
(4) Race;
(5) Offenac(8) Offense or offenses for which being detained;
(6) Date of and authority for confinement;
(7) Date of and authority for release or transfer; and
(8) Where transferred or to whom released.
Such data shall be recorded and retained by the facility for three years and shall be made available for inspection during normal business hours by any court exercising juvenile court jurisdiction, by the Department of Children and Youth Services, by the Department of Corrections, and by the Georgia Council of Juvenile Court Judges."
Section 20. Said article is further amended by striking in its entirety subsection (d) of Code Section 15-11-35.1, relating to the disposition of a child committing a delinquent act constituting an AIDS transmitting crime, and inserting in lieu thereof new subsections (d) and (e) to read as follows:
"(d) Any juvenile sentenced to the custody and control of the Department of Corrections shall be HIV tested in accordance with the policies of the Department of Corrections.
(e) If a child is required by this Code section to submit to an HIV test and is thereby determined to be infected with HIV, that determination and the name of the child shall be deemed to be AIDS confidential information and shall be reported to:

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(1) The Department of Children and Youth Services or the Department of Corrections, as the case may be, and the Department of Human Resources, the latter of which may disclose the name of the child if necessary to provide and shall provide counseling to each victim of that child's AIDS transmitting crime or to any parent or guardian of any victim who is a minor or incompetent person, if the Department of Children and Youth Services or the Department of Corrections believes the crime posed a reasonable risk of transmitting HIV to the victim;
(2) The court which ordered the HIV test; and
(3) Those persons in charge of any facility to which the child has been confined by order of the court. In addition to any other restrictions regarding the confinement of chil dren, a child determined to be an HIV infected person may be confined in that facility separately from any other children in that facility other than those who have been deter mined to be infected with HIV if:
(A) That child is reasonably believed to be sexually active while confined;
(B) That child is reasonably believed to be sexually predatory either during or prior to detention; or
(C) The commissioner of children and youth services or the commissioner of correc tions, as the case may be, reasonably determines that other circumstances or conditions exist which indicate that separate confinement would be warranted."
Section 21. Said article is further amended by striking in its entirety paragraph (2) of subsection (a) of Code Section 15-11-37, relating to designated felony acts, and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) 'Designated felony act' means an act which;-4f:
(A) Constitutes a second or subsequent offense under subsection (b) of Code Section 16-11-132 if committed by a person 13 to 17 years of age; or
(B) If done by an adult, would be one or more of the following crimes:
(A) Murder, rape, kidnapping, or araon in the fir-at degree, if done by a juvenile 13 or more years of age;
{B} (i) Aggravated assault, voluntary manslaughter, aggravated sodomy, arson in the second degree, aggravated battery, or robbery, or armed robbery, if done by a juvenile 13 or more years of age;
{} (ii) Attempted murder or attempted kidnapping, if done by a juvenile 13 or more years of age; ttt
(iii) The carrying or possession of a weapon in violation of subsection (b) of Code Sec tion 16-11-127.1; or
(B) (iv) Any other act which, if done by an adult, would be a felony, if the juvenile committing the act has three times previously been adjudicated delinquent for acts which, if done by an adult, would have been felonies."
Section 22. Said article is further amended by striking in its entirety subsection (c) of Code Section 15-11-38, relating to the nature and effect of adjudication and the use of dis position and evidence, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) A child shall not be committed to a penal institution or other facility used primar ily for the execution of sentences of persons convicted of a crime; provided, however, this subsection shall not be construed as prohibiting the transfer of a child from the custody of the Department of Children and Youth Services to the custody of the Department of Cor rections as provided in Code Section 49-5-10.1 or as prohibiting the direct commitment of a child to the custody of the Department of Corrections for detention in a designated youth confinement unit as provided in this article."

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Section 23. Said article is further amended by adding at the end of Code Section 15-1139, relating to the transfer of an offense to another court for prosection, a new subsection (f) to read as follows:
"(f) This Code section shall not apply to any proceeding within the exclusive jurisdic tion of the superior court pursuant to subparagraph (b)(2)(A) of Code Section 15-11-5."
Section 24. Said article is further amended by striking in its entirety Code Section 1511-60, relating to when a child may be fingerprinted or photographed, and inserting in lieu thereof a new Code Section 15-11-60 to read as follows:
"15-11-60. (a) No child under 13 years of age shall be fingerprinted in the investigation of a crime except as provided in this Code section. Fingerprints of a child 13 or 14 years of age who is referred to the court may be taken and filed by law enforcement officers and fingerprints of a child 15 or more years of age who is referred to the court shall be taken and filed by law enforcement officers in investigating the commission of the crimes of murder, voluntary manslaughter, involuntary manslaughter, rape, robbery, armed robbery, aggra vated assault, aggravated battery, burglary, and motor vehicle theft.
(b) Fingerprint files of children shall be kept separate from those of adults. Copies of fingerprints known to be thoac of a child shall be maintained on a local baaia only and shall not be acnt to a central state or federal depository unless needed in the interest of national security. The fingerprints of any child 13 to 17 years of age charged with any offense over which the superior court has exclusive or concurrent jurisdiction shall be taken and filed by law enforcement officers investigating the commission of any such crime.
(c) All juveniles sentenced to the custody of the Department of Corrections shall be fingerprinted. The fingerprinting of juvenile inmates will be processed in accordance with the Department of Corrections' policies for adult inmates.
4e} (d) Fingerprint files of children may be inspected by law enforcement officers when necessaryTor the discharge of their official duties. Other inspections may be authorized by the court in individual cases upon a showing that it is necessary in the public interest.
4d) (e) Upon application of the child, fingerprints of a child shall be removed from the file and Hestroyed if ; a petition alleging delinquency is not filed or the proceedings are dismissed after either a~petition is filed or the case is transferred to the juvenile court as provided in Code Section 15-11-13 or the child is adjudicated not to be a delinquent child.
(1) A petition alleging delinquency is not filed, or the proceedings arc dismissed after cither a petition ia filed of the case ia transferred to the juvenile court ao provided in Code Section 16-11-18, or the child is adjudicated not to be a delinquent child, or
(2) The child reaches 21 ycara of age and there is no record that he committed a crimi nal offcnsc after reaching 16 ycara of age.
{) (f) If latent fingerprints are found during the investigation of an offense and a law enforcement officer has probable cause to believe that they are those of a particular child, he or she may fingerprint the child regardless of age or offense for purposes of immediate comparison with the latent fingerprints. If the comparison is negative, the fingerprint card and other copies of the fingerprints taken shall be immediately destroyed. If the comparison is positive and the child is referred to the court, the fingerprint card and other copies of the fingerprints taken shall be delivered to the court for disposition. If the child is not referred to the court, the fingerprints shall be immediately destroyed.
4ft (g) Without the consent of the judge, a child shall not be photographed after he or she is taten into custody unless the case is transferred to another court for prosecution.
(g) (h) (1) The name or picture of any child under the jurisdiction of the juvenile court for the Erst time shall not be made public by any news media, upon penalty of contempt under Code Section 15-11-62, except as authorized by an order of the court.
(2) It shall be mandatory upon the judge of the juvenile court to release the name of any child who is under the jurisdiction of the court for a second or subsequent time. No

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person, firm, or corporation shall be guilty of any offense by making public the name or picture of any such child."
Section 25. Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Anno tated, relating to procedures for sentencing and imposition of punishment, is amended by striking it its entirety Code Section 17-10-14, relating to the committal of a person under 17 years of age who is convicted of a felony, and inserting in lieu thereof a new Code Section 17-10-14 to read as follows:
"17-10-14. (a) Notwithstanding any other provisions of this article and except as other wise provided in subsection subsections (b) and (c) of this Code section, in any case where a person under the age of 17 years is convicted of a felony and sentenced as an adult to life imprisonment or to a certain term of imprisonment, such person shall be committed to the Department of Children and Youth Services to serve such sentence in a detention center of such department until such person is 17 years of age at which time such person shall be transferred to the Department of Corrections to serve the remainder of the sentence. This Code section shall apply to any person convicted on or after July 1, 1987, and to any person convicted prior to such date who has not been committed to an institution operated by the Department of Corrections.
(b) If a juvenile is transferred to superior court according to subsection (b) of Code Section 15-11-39 and convicted of murder, voluntary manslaughter, aggravated assaultj-er aggravated battery as defined in Chapter 5 of Title 16, the court may sentence such juvenile to the Department of Corrections. Such juvenile shall be housed in a designated youth con finement unit until such person is 17 years of age, at which time such person may be housed in any other unit designated by the Department of Corrections.
(c) In any case where a person 13 to 17 years of age is convicted of a felony provided under subparagraph (b)(2)(A) of Code Section 15-11-5, such person shall be committed to the custody of the Department of Corrections and shall be housed in a designated youth confinement unit until such person is 17 years of age, at which time such person may be housed in any other unit designated by the Department of Corrections."
Section 26. 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 27. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval and shall apply to all offenses committed on or after such effective date.
Section 28. All laws and parts of laws in conflict with this Act are repealed.
Senators Newbill of the 56th, Ralston of the 51st and Clay of the 37th offered the fol lowing amendment:
Amend the committee substitute to SB 440 by adding on page 6 line 1 after "leaders," other school employees and school district employees.
On the adoption of the amendment, the yeas were 39, nays 0, and the Newbill et al. amendment to the committee substitute was adopted.
Senators Newbill of the 56th, Ralston of the 51st and Clay of the 37th offered the fol lowing amendment:
Amend the committee substitute to SB 440 by adding on page 13 line 10 after "princi pal" the words "or designee";

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By adding on page 13, line 15 after "principal" the words "or designee";
By adding on page 13 line 25 after "principal", the words "or designee".
On the adoption of the amendment, the yeas were 43, nays 0, and the second Newbill et al. amendment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 48, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

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 Guhl Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable McGuire Middleton Newbill

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

Not voting were Senators Egan and Langford of 35th.
On the passage of the bill, the yeas were 54, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Hooks of the 14th introduced Ann Blair Brown and the board members of the National Camellia Festival of Marshallville, Georgia.
Senator Perdue of the 18th introduced the state 4-H winners commended by SR 417, adopted previously, and the state President of 4-H who briefly addressed the Senate.
Senator Brown of the 26th introduced the doctor of the day, Dr. Cyler Garner of Gordon, Georgia.
Senator Thomas of the 10th introduced the Woodward Academy Girls Volleyball Team, commended by SR 460, adopted previously.
Senator Ray of the 19th moved that the Senate do now adjourn until 9:30 A.M. to morrow; the motion prevailed, and the President announced the Senate adjourned at 12:15 P.M.

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Senate Chamber, Atlanta, Georgia Thursday, February 3, 1994 Twelfth Legislative Day

The Senate met pursuant to adjournment at 9:30 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 1321. By Representatives Cauthorn of the 35th, Barnes of the 33rd, Hammond of the 32nd, Groover of the 125th, Thomas of the 100th and others:
A bill to amend Code Section 9-11-28 of the Official Code of Georgia Annotated, relating to persons before whom depositions may be taken, so as to disallow waiver of disqualification of a court report for interest; to provide for disclosure; to amend Article 2 of Chapter 14 of Title 15 of the Official Code of Georgia Annotated, relating to training and certification of court reporters.
HB 1497. By Representative Jamieson of the 22nd:
A bill to amend an Act incorporating the City of Toccoa, so as to deannex and exclude certain property from the corporate limits of said city.
HB 1357. By Representatives Watson of the 139th, Buck of the 135th, Watts of the 26th and Lakly of the 105th:
A bill to amend Article 1 of Chapter 21 of Title 43 of the Official Code of Georgia Annotated, relating to rights, duties, and liabilities of innkeepers, so as to pro vide that it shall be unlawful for any operator of a hotel in Georgia to charge excessive room rates during the Olympic Period resulting in price gouging during the Olympic Games to be held in Georgia in the summer of 1996.
HB 1194. By Representative Watson of the 139th:
A bill to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, known as the "Employment Security Law," so as to change the definition of the term "employment"; to change the provisions relating to the exclusion of certain independent contract carriers of publishers or distributors of printed materials from the term "employment".

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HB 1379. By Representatives Harris of the 112th and Watson of the 139th:
A bill to amend Code Section 50-27-17 of the Official Code of Georgia Annotated, relating to the state-wide network of retailers and qualifications of retailers pur suant to the "Georgia Lottery for Education Act," so as to change the provisions relating to qualifications of lottery retailers.
HB 965. By Representative Buckner of the 95th:
A bill to amend Article 30 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to beauty pageants, so as to change a definition; to change requirements relating to a written notice for entrants; to clarify exemptions; to provide for an alternative to bonds.
HB 1308. By Representative Coker of the 31st:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide that the term "adjuster" does not include a salaried employee of an insurer who adjusts claims; to provide that cancellation for non payment of premium may be initiated without any notice of intent to cancel in those instances where a check or money order is not honored upon presentation.
HB 1309. By Representative Coker of the 31st:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide that surplus line brokers' certificates need only state the type of insurance purchased; to provide that surplus line brokers file quar terly affidavits and pay taxes on premiums billed by such surplus line brokers during the previous quarter.
HB 147. By Representatives Chambless of the 163rd, Bostick of the 165th, Thomas of the 100th and Hammond of the 32nd:
A bill to repeal Code Section 47-8-66 of the Official Code of Georgia Annotated, which prohibits any person appointed to or elected to public office from serving as senior judge under Chapter 8 of Title 47, the Sueprior Court Judges Retire ment Fund of Georgia.
HB 1451. By Representatives Martin of the 47th, Lane of the 55th, Buck of the 135th, Baker of the 70th, McClinton of the 68th and others:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Au thority Act of 1965," so as to provide that the interest income from certain re serve funds may be used to pay operating costs until June 30, 1997.
HB 1452. By Representatives Martin of the 47th, Lane of the 55th, Buck of the 135th, Baker of the 70th, McClinton of the 68th and others:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Au thority Act of 1965," so as to provide that members of the Authority board of directors serve for their respective terms of office and until their respective suc cessors are appointed and qualified.
The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
SB 199. By Senators Ragan of the llth, Bowen of the 13th, Hooks of the 14th, Burton of the 5th, Blitch of the 7th and others:
A bill to amend Code Section 43-30-1 of the Official Code of Georgia Annotated, relating to definitions affecting the regulation of the profession of optometry, so

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as to provide for the use of certain pharmaceutical agents by doctors of optometry.
The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 215. By Representatives Martin of the 47th, Ashe of the 46th, McClinton of the 68th, Dover of the 9th, Baker of the 70th and others:
A resolution to amend a resolution creating the Metropolitan Atlanta Rapid Transit Overview Committee, so as to change the provisions providing for the repeal of that resolution.
HR 826. By Representatives Williams of the 114th, Connell of the 115th, Padgett of the 119th, Howard of the 118th and Brown of the 117th:
A resolution commending the master plan of the Augusta Canal Authority.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 573. By Senators Madden of the 47th and Pollard of the 24th:
A bill to amend Code Section 33-27-3 of the Official Code of Georgia Annotated, relating to required provisions of group life insurance policies, so as to allow con version to a term life insurance policy.
Referred to Committee on Insurance and Labor.
SB 574. By Senator Tysinger of the 41st:
A bill to amend Article 12 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle accidents, so as to require certain informa tion to be exchanged between parties to a motor vehicle accident; to require the law enforcement officer at the scene of accident to instruct the driver of each motor vehicle to provide certain information to other parties. Referred to Committee on Public Safety.
SB 575. By Senator Henson of the 55th:
A bill to amend Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, so as to provide for electrologists to be regulated under the laws of cosmetologists; to provide for definitions; to provide for an electrologist to be on the State Board of Cosmetology; to provide an exception. Referred to Committee on Health and Human Services.
SB 576. By Senators Bowen of the 13th and Pollard of the 24th:
A bill to amend Article 2 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of probate courts, so as to provide that said courts shall have jurisdiction to try misdemeanor viola tions involving the possession of one ounce or less of marijuana when the defend ant waives a jury trial; to provide for application and an effective date in connec tion therewith. Referred to Committee on Judiciary.

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SB 577. By Senators Crotts of the 17th, Thompson of the 33rd and Perdue of the 18th:
A bill to amend Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational programs, so as to change the provi sions relative to eligibility for enrollment in appropriate general education pro grams and state supported kindergarten programs.
Referred to Committee on Education.
SB 578. By Senators Bowen of the 13th and Pollard of the 24th:
A bill to amend Code Section 40-5-71 of the Official Code of Georgia Annotated, relating to procedures upon notice of minimum motor vehicle insurance cancella tions, so as to provide that under certain circumstances insurers shall not be re quired to notify the Department of Public Safety of cancellations of insurance coverage; to provide an effective date.
Referred to Committee on Insurance and Labor.
SB 579. By Senators Bowen of the 13th and Pollard of the 24th:
A bill to amend Code Section 40-6-12 of the Official Code of Georgia Annotated, relating to subsequent violations and proof of financial responsibility with re spect to general provisions applicable to the uniform rules of the road, so as to provide that persons convicted of certain violations of the law relating to require ments of insurance on motor vehicles or motorcycles shall be required to file with the Department of Public Safety.
Referred to Committee on Insurance and Labor.
SB 580. By Senators Oliver of the 42nd and Farrow of the 54th:
A bill to amend Chapter 39 of Title 31 of the Official Code of Georgia Annotated, regarding orders not to resuscitate, so as to further describe legislative intent; to authorize such orders for persons who are not in hospitals or nursing homes; to clarify the intended effect of this law upon other circumstances in which an order not to resuscitate may be issued and implemented; to provide an effective date.
Referred to Committee on Health and Human Services.
SB 581. By Senators Farrow of the 54th, Robinson of the 16th and Oliver of the 42nd:
A bill to amend Code Section 5-6-48 of the Official Code of Georgia Annotated, relating to grounds for dismissal of appeals, so as to provide that an appeal may be dismissed for nonpayment of the costs or failure to have a sufficient affidavit of indigence filed or contained in the record; to delete certain provisions relating to payment of costs within certain time periods.
Referred to Committee on Judiciary.
SB 582. By Senators Coleman of the 1st, Hill of the 4th, Thompson of the 33rd and Crotts of the 17th:
A bill to amend Chapter 17 of Title 43 of the Official Code of Georgia Annotated, relating to charitable solicitations, so as to provide that any person soliciting funds in any manner other than face to face solicitation shall provide certain information to persons solicited; to provide for legislative intent; to define a cer tain term.
Referred to Committee on Consumer Affairs.

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SB 583. By Senator Walker of the 22nd: A bill to amend Article 5 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable for retirement under the Georgia Fire men's Pension Fund, so as to prescribe a minimum attendance by volunteer fire men at drills, meetings, and fires in any calendar year in order to obtain retire ment credit under such pension fund; to provide as effective date.
Referred to Committee on Retirement.
SB 584. By Senators Thompson of the 33rd and Isakson of the 21st:
A bill to amend an Act entitled the "Cobb County Community Improvement Districts Act," as amended, so as to change certain dates with respect to the levying of ad valorem taxes and notifying of collecting governing bodies. Referred to Committee on Urban and County Affairs.
SB 585. By Senators Burton of the 5th, Balfour of the 9th, Tysinger of the 41st and others:
A bill to amend an Act creating the Recorder's Court of Gwinnett County, as amended, so as to change the provisions relating to jurisdiction of the court; to provide for no jury trials; to provide for the judge's qualifications; to provide for the judge's salary; to change the provisions relating to punishment. Referred to Committee on Urban and County Affairs
SR 473. By Senators Edge of the 28th and Day of the 48th:
A resolution urging delay of the implementation of the Environmental Protection Agency's centralized emissions testing program in Georgia. Referred to Committee on Natural Resources.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 147. By Representatives Chambless of the 163rd, Bostick of the 165th, Thomas of the 100th and Hammond of the 32nd: A bill to repeal Code Section 47-8-66 of the Official Code of Georgia Annotated, which prohibits any person appointed to or elected to public office from serving as senior judge under Chapter 8 of Title 47, the Superior Court Judges Retire ment Fund of Georgia.
Referred to Committee on Retirement.
HB 965. By Representative Buckner of the 95th: A bill to amend Article 30 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to beauty pageants, so as to change a definition; to change requirements relating to a written notice for entrants; to clarify exemptions; to provide for an alternative to bonds.
Referred to Committee on Science, Technology and Industry.
HB 1194. By Representative Watson of the 139th: A bill to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, known as the "Employment Security Law," so as to change the definition of the term "employment"; to change the provisions relating to the exclusion of certain independent contract carriers of publishers or distributors of printed materials from the term "employment".
Referred to Committee on Insurance and Labor.

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315

HB 1308. By Representative Coker of the 31st:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide that the term "adjuster" does not include a .-ilaried employee of an insurer who adjusts claims; to provide that cancellation for non payment of premium may be initiated without any notice of intent to cancel in those instances where a check or money order is not honored upon presentation. Referred to Committee on Insurance and Labor.
HB 1309. By Representative Coker of the 31st:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide that surplus line brokers' certificates need only state the type of insurance purchased; to provide that surplus line brokers file quar terly affidavits and pay taxes on premiums billed by such surplus line brokers during the previous quarter. Referred to Committee on Insurance and Labor.
HB 1321. By Representatives Cauthorn of the 35th, Barnes of the 33rd, Hammond of the 32nd and others:
A bill to amend Code Section 9-11-28 of the Official Code of Georgia Annotated, relating to persons before whom depositions may be taken, so as to disallow waiver of disqualification of a court report for interest; to provide for disclosure; to amend Article 2 of Chapter 14 of Title 15 of the Official Code of Georgia Annotated, relating to training and certification of court reporters. Referred to Committee on Judiciary.
HB 1357. By Representatives Watson of the 139th, Buck of the 135th and Watts of the 26th:
A bill to amend Article 1 of Chapter 21 of Title 43 of the Official Code of Georgia Annotated, relating to rights, duties, and liabilities of innkeepers, so as to pro vide that it shall be unlawful for any operator of a hotel in Georgia to charge excessive room rates during the Olympic Period resulting in price gouging during the Olympic Games to be held in Georgia in the summer of 1996. Referred to Committee on Economic Development, Tourism and Cultural Affairs.
HB 1379. By Representatives Harris of the 112th and Watson of the 139th:
A bill to amend Code Section 50-27-17 of the Official Code of Georgia Annotated, relating to the state-wide network of retailers and qualifications of retailers pur suant to the "Georgia Lottery for Education Act," so as to change the provisions relating to qualifications of lottery retailers. Referred to Committee on Economic Development, Tourism and Cultural Affairs.
HB 1451. By Representatives Martin of the 47th, Lane of the 55th, Buck of the 135th and others:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Au thority Act of 1965," so as to provide that the interest income from certain re serve funds may be used to pay operating costs until June 30, 1997. Referred to Committee on Transportation.
HB 1452. By Representatives Martin of the 47th, Lane of the 55th, Buck of the 135th and others:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Au thority Act of 1965," so as to provide that members of the Authority board of

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directors serve for their respective terms of office and until their respective suc cessors are appointed and qualified.
Referred to Committee on Transportation.

HB 1497. By Representative Jamieson of the 22nd:
A bill to amend an Act incorporating the City of Toccoa, so as to deannex and exclude certain property from the corporate limits of said city. Referred to Committee on Urban and County Affairs.

HR 215. By Representatives Martin of the 47th, Ashe of the 46th, McClinton of the 68th and others:
A resolution to amend a resolution creating the Metropolitan Atlanta Rapid Transit Overview Committee, so as to change the provisions providing for the repeal of that resolution.
Referred to Committee on Urban and County Affairs (General).

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

Mr. President:

The Committee on 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 426. Do pass.

HB 1191. Do pass.

SR 455. Do pass.

HB 1344. Do pass.

Respectfully submitted,

Senator Ragan of the llth District, Chairman

Mr. President:

The Committee on Economic Development, Tourism and Cultural Affairs has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 525. Do pass.

SB 452. Do pass.

SB 536. Do pass as amended.

HB 1183. Do pass.

Respectfully submitted,

Senator Broun of the 46th District, Chairman

Mr. President:

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

SB 433. Do pass. SB 442. Do pass.

SB 466. Do pass by substitute. SB 467. Do pass by substitute.

SB 465. Do pass by substitute.

Respectfully submitted,

Senator Oliver of the 42nd District, Chairman

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317

Mr. President:

The Committee on Public Safety has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 514. Do pass. SB 518. Do pass SB 551. Do pass.
Respectfully submitted,
Senator Bowen of the 13th District, Chairman

Mr. President:

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

HB 192. Do pass.

HB 1090. Do pass.

HB 670. Do pass.

HB 1091. Do pass.

HB 1020. Do pass.

Respectfully submitted,

Senator Huggins of the 53rd 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 Youth, Aging and Human Ecology has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 493. Do pass by substitute.
Respectfully submitted,
Senator Marable of the 52nd District, Chairman

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

SB 406 SB 521 HB 1179 HB 1219

SB 461 SB 546 HB 1208 HB 1289

SB 464 HB 516 HB 1218

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

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

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

Newbill Oliver Parrish Perdue Pollard Ragan of llth Ralston Ray Robinson Scott Slotin Start Taylor Thomas Turner
Tysinger Walker

Those not answering were Senators:

Abernathy Blitch

Langford of 35th Ragan of 32nd

Thompson

In honor of National Guard Day, the National Guard Color Guard presented the colors and led the Senate in the Pledge of Allegiance to the Flag of the United States of America.
Senator Hill of the 4th introduced the chaplain of the day, Reverend James Rosser, pastor of Saint John's Episcopal Church, Albany, Georgia, who offered scripture reading and prayer.
Senators Robinson of the 16th and Pollard of the 24th congratulated the President on the occasion of his birthday, as commended by SR 471.

The following resolutions were read and adopted:

SR 471. By Senators Robinson of the 16th, Hooks of the 14th, Ray of the 19th and many, many others:
A resolution congratulating Lieutenant Governor Pierre Howard on the occasion of his birthday.

SR 474. By Senator Newbill of the 56th: A resolution recognizing Scottish Borders Enterprise.

SR 475. By Senator Bowen of the 13th:
A resolution commending the firefighters of Georgia and observing the 22nd an nual Firefighters' Recognition Day.

SR 476. By Senator Bowen of the 13th: A resolution commending the members of the Silver-Haired Legislature.

SR 477. By Senators Cheeks of the 23rd, Edge of the 28th, Pollard of the 24th and others:
A resolution commending Evander Holyfield, the Undisputed Heavyweight Champion of the World, and inviting him to appear before the Senate.

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319

HR 826. By Representatives Williams of the 114th, Connell of the 115th, Padgett of the 119th, Howard of the 118th and Brown of the 117th:
A resolution commending the master plan of the Augusta Canal Authority.
SENATE CALENDAR
Thursday, February 3, 1994
TWELFTH LEGISLATIVE DAY
SB 441 Violent Felony Conviction--minimum sentence, no probation (Substitute) (Amendment) (Judy--12th)
SB 443 Mentally 111, Drug Dependent--relating to transportation (Substitute) (H&HS--42nd)
SB 448 Boat Safety Act--probate courts may try violations (Amendment) (S Judy--24th)
SB 455 Superior Court Clerks Training Council--members (S Judy--24th) SB 472 Homestead Exemption Application--date for filing (S Judy--40th)
SB 502 Pawnbroker--firearm security during non--business hours (Substitute) (Judy--42nd)
SR 376 Clarence R. Vaughn, Jr. Freeway--designate (Substitute) (Trans--17th)
SR 386 Ward Edwards Bridge--designate (Trans--14th) SR 395 CA: Armed Robbery, Kidnapping, Rape--minimum sentence, no parole (Substi
tute) (Judy--12th)
HB 574 Georgia Property Owners' Association Act--provide (Amendment) (S Judy--40th) Cauthorn--35th
HB 1193 Utility Contractors--licensing provisions (ST&I--9th) Watson--139th SB 82 Firemen's Pension Fund--vest at 15 years, early retirement at 45 (Substitutes)
(Ret--22nd) SB 449 Certain County Inmates--good--time allowances (Corr--44th) SB 487 Highway Speed--establishing in construction sites (Substitute) (Trans--17th) HB 158 Employees' Retirement System--credit for certain military service (Ret--5th)
Floyd--138th HB 500 Sheriffs' Retirement--previous member may apply if becoming sheriff again
(Ret--53rd) Buck--135th HB 804 District Attorneys' Retirement--increased benefits those with more than 16
years (Ret--44th) Buckner--95th HB 807 Employees' Retirement--credit for certain hospital authority service (Ret--44th)
Buckner--95th
HB 959 Employees' Retirement--agricultural commodity commission employees (Ret--llth) Reaves--178th
The following general bill was read the third time and put upon its passage:
SB 441. By Senators Taylor of the 12th, Brown of the 26th, Middleton of the 50th and others: A bill to provide that persons who are convicted of certain serious violent felonies shall serve minimum terms of imprisonment which shall not be suspended, pro bated, deferred, or withheld by the sentencing judge and to restrict the granting of paroles, earned time, or other such sentence-reducing measures to persons convicted of certain serious violent felonies; to provide a short title.

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The Senate Judiciary Committee offered the following substitute to SB 441:
A BILL
To be entitled an Act to provide that persons who are convicted of certain serious vio lent felonies shall serve minimum terms of imprisonment which shall not be suspended, probated, deferred, or withheld by the sentencing judge and to restrict the granting of pa roles, earned time, or other such sentence-reducing measures to persons convicted of certain serious violent felonies; to provide a short title; to provide for legislative findings; to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to change certain penalty provisions applicable to the crimes of armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, and aggravated sexual battery; to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedures for sentencing and imposition of punishment, so as to change the provisions relating to the fixing of sentences and the suspension or probation of sentences for persons convicted of serious violent felonies; to provide that sentences of imprisonment upon convic tion of serious violent felonies shall not be reviewable by a three-judge panel; to define the term "serious violent felony"; to provide for the sentencing and punishment of persons con victed of serious violent felonies; to provide for mandatory minimum terms of imprisonment for persons convicted of certain serious violent felonies; to provide for the punishment of a defendant who has been convicted of a serious violent felony and sentenced to life imprison ment; to provide for the punishment of a defendant who has been convicted of a serious violent felony and sentenced to death but whose sentence of death has been commuted to life imprisonment; to restrict the authority of the State Board of Pardons and Paroles with respect to the granting of paroles or early release to persons who has been convicted of serious violent felonies; to restrict the authority of the Department of Corrections with re spect to the granting of earned time, early release, work release, leave, or other such sen tence-reducing measures to persons who have been convicted of serious violent felonies; to provide for the meanings of additional terms; to provide that a person who has been con victed previously of a serious violent felony and who thereafter commits a serious violent felony for which such person is not sentenced to death shall be sentenced to life imprison ment without parole; to provide that such sentence shall not be suspended, probated, stayed, deferred, or withheld; to provide that such a person sentenced to life imprisonment without parole shall not be eligible for parole or for any earned time, early release, work release, leave, or other such sentence-reducing measures authorized by law or the Depart ment of Corrections; to amend Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to the granting of pardons, paroles, and other relief, so as to change the provisions relating to restrictions on relief for a person serving a second life sentence; to change the provisions relating to the general rule-making power of the State Board of Pardons and Paroles; to change the provisions relating to the prohibition against the release of certain inmates for the purpose of regulating jail or prison populations; to provide for related matters; to provide for applicability; to provide for severability; to pro vide a conditional effective date and for automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. This Act shall be known and may be cited as the "Sentence Reform Act of 1994."
Section 2. The General Assembly declares and finds:
(1) That persons who are convicted of certain serious violent felonies shall serve mini mum terms of imprisonment which shall not be suspended, probated, stayed, deferred, or otherwise withheld by the sentencing judge;
(2) That sentences for determinate periods of time ordered by courts in cases of certain serious violent felonies shall be served in their entirety and shall not be reduced by parole or by any earned time, early release, work release, or other such sentence-reducing measures administered by the Department of Corrections; and

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(3) That it serves the best interest of the public to provide for truth in sentencing by assuring the public, the victims of certain serious violent felonies, and the law enforcement community that determinate sentences imposed upon certain serious violent felons will be served in their entirety.
Section 3. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by striking in its entirety Code Section 16-8-41, relating to the crime of armed robbery, and inserting in lieu thereof a new Code Section 16-8-41 to read as follows:
"16-8-41. (a) A person commits the offense of armed robbery when, with intent to com mit theft, he or she takes property of another from the person or the immediate presence of another by use of an offensive weapon, or any replica, article, or device having the appear ance of such weapon. The offense of robbery by intimidation shall be a lesser included of fense in the offense of armed robbery.
(b) A person convicted of the offense of armed robbery shall be punished by death or imprisonment for life or by imprisonment for not less than five ten nor more than 20 years; provided, however, that, for a second or subsequent such offcnsc, the defendant shall be punished by imprisonment for not less than ten years. The preceding provision of this Code section notwithstanding, in any caac in which the defendant committed armed robbery and in the course of the commission of the offcnac intentionally, with an offensive weapon, or any replica, article, or devise having the appearance of such weapon, inflicted acfioua bodily injury on a person, such fact shall be charged in the indictment or accusation and if found to be true by the court or if admitted by the defendant, the defendant shall be pun ished by impriaonmcnt for not Ic83 than ten years.
(c) (1) The preceding provisions of this Code section notwithstanding, in any ease in which the defendant commits armed robbery and in the course of the commiasion of the offcnsc such pcraon unlawfully takes a controlled substance from a pharmacy or a wholesale druggist, such fact shall be charged in the indictment or accusation and, if found to be true by the court of if admitted by the defendant, the defendant shall be punished by imprison mcnt for not less than ten years, provided, however, that, in any case in which the defend ant commits armed robbery and in the course of the commission of the offense such person unlawfully takes a controlled substance from a pharmacy or a wholesale druggist and inten tionally inflicts bodily injury upon any person, such facts shall be charged in the indictment or accusation and, if found to be true by the court or if admitted by the defendant, the defendant shall be punished by imprisonment for not less than 15 years.
(2) As used in this subsection, the term:
(A) 'Controlled substance' means a drug, substance, or immediate precursor in Sched ules I through V of Code Sections 16-13-25 through 16-13-29.
(B) 'Pharmacy' means any place licensed in accordance with Part 4 of Article 2 of Chapter 4 of Title 26 wherein the possessing, displaying, compounding, dispensing, or retail ing of drugs may be conducted, including any and all portions of any building or structure leased, used, or controlled by the licensee in the conduct of the business licensed by the State Board of Pharmacy at the address for which the license was issued. The term ipharmacy' pharmacy shall also include any building, warehouse, physician's office, or hospital used in whole or in part for the sale, storage, or dispensing of any controlled substance.
(C) 'Wholesale druggist' means an individual, partnership, corporation, or association registered with the State Board of Pharmacy under Part 4 of Article 2 of Chapter 4 of Title 26.
(d) Adjudication of guilt or impoaition of sentence ahall not be suspended, probated, deferred, of withheld for any offcnse punishable under subsection (a), (b) or (c) of this Code section. Any person convicted under this Code section shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7."
Section 4. Said title is further amended by striking in its entirety subsection (b) of Code

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Section 16-5-40, relating to the crime of kidnapping, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) A person convicted of the offense of kidnapping shall be punished by imprison ment for not less than en ten nor more than 20 years, provided that a person convicted of the offense of kidnapping foFransom shall be punished by life imprisonment or by death and provided, further, that, if the person kidnapped shall have received bodily injury, the person convicted shall be punished by life imprisonment or by death. Any person convicted under this Code section shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7."
Section 5. Said title is further amended by striking in its entirety subsection (b) of Code Section 16-6-1, relating to the crime of rape, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) A person convicted of the offense of rape shall be punished by death, by imprison ment for life, or by imprisonment for not less than one ten nor more than 20 years. Any person convicted under this Code section shall, in additionTTTy subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-77"
Section 6. Said title is further amended by striking in its entirety subsection (d) of Code Section 16-6-4, relating to the crime of child molestation and aggravated child molestation, and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) A person convicted of a first the offense of aggravated child molestation shall be punished by imprisonment for not less than twe ten nor more than 30 years. Upon a second or subsequent conviction of aggravated child molestation, the defendant shall be punished by imprisonment for life. Any person convicted under this Code section of the offense of aggravated child molestation shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7."
Section 7. Said title is further amended by striking in its entirety subsection (b) of Code Section 16-6-2, relating to the crimes of sodomy and aggravated sodomy, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) A person convicted of the offense of sodomy shall be punished by imprisonment for not less than one nor more than 20 years. A person convicted of the offense of aggravated sodomy shall be punished by imprisonment for life or by imprisonment for not less than one ten nor more than 20 years. Any person convicted under this Code section of the offense of aggravated sodomy shall, in addition, be subject to the sentencing and punishment provi sions of Code Sections 17-10-6.1 and 17-10-7."
Section 8. Said title is further amended by striking in its entirety subsection (c) of Code Section 16-6-22.2, relating to the crime of aggravated sexual battery, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) A person convicted of the offense of aggravated sexual battery shall be punished by imprisonment for not less than en ten nor more than 20 years. Any person convicted under this Code section shall, in addition, Tie" subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7."
Section 9. Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedures for sentencing and imposition of punishment, is amended by striking in its entirety paragraph (1) of subsection (a) of Code Section 17-10-1, relating to the fixing of sentences and the suspension or probation of sentences, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) Except in cases in which life imprisonment, life without parole, or the death pen alty may be imposed, upon a verdict or plea of guilty in any case involving a misdemeanor or felony, and after a presentence hearing, the judge fixing the sentence shall prescribe a determinate sentence for a specific number of months or years which shall be in conformity with any mandatory minimum sentences required by law or shall be within the minimum and maximum prescribed by law as the punishment for the crime. The Except in cases

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involving a serious violent felony as defined in subsection (a) of Code Section 17-10-6.1, the judge imposing the sentence is granted power and authority to suspend or probate all or any part of the entire sentence under such rules and regulations as the judge deems proper, subject to the conditions set out in this subsection."
Section 10. Said article is further amended by striking in its entirety subsection (a) of Code Section 17-10-6, relating to the review of sentences of imprisonment for period exceed ing 12 years by a three-judge panel, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) In any case, except cases in which the death penalty is imposed or cases involving a serious violent felony as defined in subsection (a) of Code Section 17-10-6.1, in which a sentence of 12 or more years, or several consecutive sentences which total 12 or more years, has been fixed and imposed by a judge, without a jury, the defendant shall have the right to have the sentence or sentences reviewed by a panel of three superior court judges to deter mine whether the sentence or sentences so imposed are excessively harsh. Consideration shall be given in the review to the nature of the crime for which the defendant has been convicted and to the defendant's prior criminal record. Any defendant seeking a review of such sentence or sentences shall make application therefor within 30 days of the date on which the sentence was imposed by a judge of the superior court or after the remittitur from the Court of Appeals or Supreme Court affirming the conviction is made the judgment of the sentencing court, whichever occurs last. The application shall be filed with the clerk of the superior court in which the sentence was imposed. Upon the filing of an application the clerk shall transmit the same to the three-judge panel created under this Code section within ten days of the date on which the application was filed. For such service, the clerk shall receive the fees prescribed in Code Section 15-6-77 from the funds of the county, ex cept where the clerk is on a salary. It shall be the duty of the judge imposing the sentence and any probation officer to transmit, within ten days of the filing of an application for review of a sentence, a copy of any presentence or postsentence report prepared by the probation officer, including the record of the defendant, to the three-judge panel."
Section 11. Said article is further amended by adding between Code Sections 17-10-6 and 17-10-7 a new Code Section 17-10-6.1 to read as follows:
"17-10-6.1. (a) As used in this Code section, the term 'serious violent felony' means:
(1) Murder or felony murder, as defined in Code Section 16-5-1;
(2) Armed robbery, as defined in Code Section 16-8-41;
(3) Kidnapping, as defined in Code Section 16-5-40;
(4) Rape, as defined in Code Section 16-6-1;
(5) Aggravated child molestation, as defined in Code Section 16-6-4;
(6) Aggravated sodomy, as defined in Code Section 16-6-2; or
(7) Aggravated sexual battery, as defined in Code Section 16-6-22.2.
(b) Notwithstanding any other provisions of law to the contrary, any person convicted of a serious violent felony as defined in paragraphs (2) through (7) of subsection (a) of this Code section shall be sentenced to a mandatory minimum term of imprisonment of ten years and no portion of the mandatory minimum sentence imposed shall be suspended, stayed, probated, deferred, or withheld by the sentencing court.
(c) (1) Any sentence imposed for the first conviction of any serious violent felony other than a sentence of life imprisonment or life without parole or death shall be served in its entirety as imposed by the sentencing court and shall not be reduced by any form of parole or early release administered by the State Board of Pardons and Paroles or by any earned time, early release, work release, leave, or any other sentence-reducing measures under pro grams administered by the Department of Corrections, the effect of which would be to re duce the period of incarceration ordered by the sentencing court.

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(2) Except as otherwise provided in subsection (c) of Code Section 42-9-39, for a first conviction of a serious violent felony in which the defendant has been sentenced to life imprisonment, that person shall not be eligible for any form of parole or early release ad ministered by the State Board of Pardons and Paroles until that person has served a mini mum of 14 years in prison. The minimum term of imprisonment shall not be reduced by any earned time, early release, work release, leave, or other sentence-reducing measures under programs administered by the Department of Corrections.
(3) For a first conviction of a serious violent felony in which the defendant has been sentenced to death but the sentence of death has been commuted to life imprisonment, that person shall not be eligible for any form of parole or early release administered by the State Board of Pardons and Paroles until that person has served a minimum of 25 years in prison. The minimum term of imprisonment shall not be reduced by any earned time, early release, work release, leave, or other sentence-reducing measures under programs administered by the Department of Corrections.
(d) For purposes of this Code section, a first conviction of any serious violent felony means that the person has never been convicted of a serious violent felony under the laws of this state or of an offense under the laws of any other state or of the United States, which offense if committed in this state would be a serious violent felony. Conviction of two or more crimes charged on separate counts of one indictment or accusation, or in two or more indictments or accusations consolidated for trial, shall be deemed to be only one conviction."
Section 12. Said article is further amended by striking in its entirety Code Section 1710-7, relating to the punishment of repeat offenders, and inserting in lieu thereof a new Code Section 17-10-7 to read as follows:
"17-10-7. (a) Any Except as otherwise provided in subsection (b) of this Code section, any person convicted of a felony offense in this state or having been convicted under the laws of any other state or of the United States of a crime which if committed within this state would be a felony and sentenced to confinement in a penal institution, who shall after wards commit a felony punishable by confinement in a penal institution, shall be sentenced to undergo the longest period of time prescribed for the punishment of the subsequent of fense of which he or she stands convicted, provided that, unless otherwise provided by law, the trial judge may, in his or her discretion, probate or suspend the maximum sentence prescribed for the offense.
(b) (1) As used in this subsection, the term 'serious violent felony' means a serious violent felony as defined in subsection (a) of Code Section 17-10-6.1.
(2) Any person who has been convicted of a serious violent felony in this state or who has Eeen convicted under the laws of any other state or of the United States of a crime which if committed in this state would be a serious violent felony and who after such first conviction subsequently commits and is convicted of a serious violent felony for which such person is not sentenced to death shall be sentenced to imprisonment for life without parole. Such sentence shall not be suspended, stayed, probated, deferred, or withheld, and any such person sentenced pursuant to this paragraph shall not be eligible for any form of pardon, parole, or early release administered by the State Board of Pardons and Paroles or for any earned time, early release, work release, leave, or any other sentence-reducing measures under programs administered by the Department of Corrections, the effect of which would be to reduce the sentence of life imprisonment without possibility of parole.
(b) Any (c) Except as otherwise provided in subsection (b) of this Code section, any person who, after having been convicted under the laws of this state for three felonies or having been convicted under the laws of any other state or of the United States of three crimes which; if committed within this state would be felonies, commits a felony within this state other than a capital felony; must, upon conviction for such fourth offense or for subse quent offenses, serve the maximum time provided in the sentence of the judge based upon

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such conviction and shall not be eligible for parole until the maximum sentence has been served.
{e} (d) For the purpose of this Code section, conviction of two or more crimes charged on separate counts of one indictment or accusation, or in two or more indictments or accusa tions consolidated for trial, shall be deemed to be only one conviction.
{d} (e) This Code section is supplemental to other provisions relating to recidivist recidivous offenders."
Section 13. Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to the granting of pardons, paroles, and other relief, is amended by striking in its entirety subsection (b) of Code Section 42-9-39, relating to restrictions on relief for a person serving a second life sentence, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) When Except as otherwise provided in subsection (b) of Code Section 17-10-7, when a person is convicted of murder and sentenced to life imprisonment and such person has previously been incarcerated under a life sentence, such person shall serve at least 25 years in the penitentiary before being granted a pardon and before becoming eligible for parole."
Section 14. Said article is further amended by striking in its entirety Code Section 42-945, relating to general rule-making power of the State Board of Pardons and Paroles, and inserting in lieu a new Code Section 42-9-45 to read as follows:
"42-9-45. (a) The board may adopt and promulgate rules and regulations, not inconsis tent with this chapter, touching all matters dealt with in this chapter, including, among others, the practice and procedure in matters pertaining to paroles, pardons, and remission of fines and forfeitures. The rules and regulations shall contain an eligibility requirement for parole which shall set forth the time when the automatic initial consideration for parole of inmates under the jurisdiction of the Department of Corrections shall take place and also the times at which periodic reconsideration thereafter shall take place. Such consideration shall be automatic, and no written or formal application shall be required.
(b) An inmate serving a misdemeanor sentence or misdemeanor sentences shall only be eligible for consideration for parole after the expiration of six months of his or her sentence or sentences or one-third of the time of his or her sentence or sentences, whichever is greater. A-n Except as otherwise provided in Code Section 17-10-6.1 and 17-10-7, an inmate serving a felony sentence or felony sentences shall only be eligible for consideration for pa role after the expiration of nine months of his or her sentence or one-third of the time of the sentences, whichever is greater. Inmates Except as otherwise provided in Code Sections 1710-6.1 and 17-10-7, inmates serving sentences aggregating 21 years or more shall become eligible for consideration for parole upon completion of the service of seven years.
(c) The board shall adopt rules and regulations governing the granting of other forms of clemency, which shall include pardons, reprieves, commutation of penalties, removal of disa bilities imposed by law, and the remission of any part of a sentence, and shall prescribe the procedure to be followed in applying for them. Applications for the granting of such other forms of clemency and for exceptions to parole eligibility rules established by statue or promulgated by the board shall be made in such manner as the board shall direct by rules and regulations.
(d) All rules and regulations adopted pursuant to this Code section shall be adopted, established, promulgated, amended, repealed, filed, and published in accordance with the applicable provisions and procedure as set forth in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The courts shall take judicial notice of the rules and regulations.
(e) For the purpose of this Code section, the words 'rules and regulations' shall have the same meaning as the word 'rule' as defined in Code Section 50-13-2, except that the words

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'rules and regulations' shall not be construed to include the terms and conditions prescribed by the board to which a person paroled by the board may be subjected.
(f) Except to correct a patent miscarriage of justice and not otherwise, no inmate serv ing a sentence imposed for any of the crimes listed in this subsection shall be granted re lease on parole until and unless said inmate has served on good behavior seven years of imprisonment or one-third of the prison term imposed by the sentencing court for the vio lent crime, whichsoever first occurs. No inmate serving a sentence for any crime listed in this subsection shall be released on parole for the purpose of regulating jail or prison popu lations. This subsection shall govern parole actions in sentences imposed for any of the fol lowing crimes: voluntary manslaughter, armed robbery, kidnapping, rape, aggravated, sod omy, aggravated child molestation, statutory rape, incest, cruelty to children, arson in the first degree, homicide by vehicle while under the influence of alcohol or as a habitual traffic violator, aggravated battery, aggravated assualt, trafficking in drugs, and violations of Chap ter 14 of Title 16, the 'Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act.'
(g) No inmate serving a sentence for murder, armed robbery, kidnapping, rape, aggravated~child molestation, aggravated sodomy, or aggravated sexual battery shall be released on parole for the purpose of regulating jail or prison populations."
Section 15. The provisions of this Act shall apply only to those offenses committed on or after the effective date of this Act; provided, however, that any conviction occurring prior to, on, or after the effective date of this Act shall be deemed a "conviction" for the purposes of this Act and shall be counted in determining the appropriate sentence to be imposed for any offense committed on or after the effective date of this Act.
Section 16. 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 17. This Act shall become effective on January 1, 1995, upon ratification by the voters of this state at the 1994 November general election of that proposed amendment to Article IV, Section II, Paragraph II of the Constitution providing for mandatory minimum sentences and sentences of life without possibility of parole and providing other restrictions on the authority of the State Board of Pardons and Paroles to grant paroles; provided, however, that if such amendment is not so ratified, this Act shall be null and void and shall stand repealed in its entirety.
Section 18. All laws and parts of laws in conflict with this Act are repealed.
Senators Day of the 48th, Gouchenour of the 27th and Clay of the 37th offered the following amendment:
Amend the Senate Judiciary Committee substitute to SB 441 by striking in their en tirety lines 14 through 28 on page 10 which read as follows:
" '17-10-6.1. (a) As used in this Code section, the term "serious violent felony" means:
(1) Murder or felony murder, as defined in Code Section 16-5-1;
(2) Armed robbery, as defined in Code Section 16-8-41;
(3) Kidnapping, as defined in Code Section 16-5-40;
(4) Rape, as defined in Code Section 16-6-1;
(5) Aggravated child molestation, as defined in Code Section 16-6-4;

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327

(6) Aggravated sodomy, as defined in Code Section 16-6-2; or (7) Aggravated sexual battery, as defined in Code Section 16-6-22.2.", and inserting in lieu thereof the following: " '17-10-6.1. (a) As used in this Code section, the term "serious violent felony" means any of the following felonies: (1) Murder or felony murder, prohibited by Code Section 16-5-1; (2) Voluntary manslaughter, prohibited by Code Section 16-5-2; (3) Involuntary manslaughter, unless punishable as a misdemeanor, prohibited by Code Section 16-5-3; (4) Aggravated assault, prohibited by Code Section 16-5-21; (5) Aggravated battery, prohibited by Code Section 16-5-24; (6) Kidnapping, prohibited by Code Section 16-5-40; (7) Aircraft hijacking, prohibited by Code Section 16-5-45; (8) Reckless conduct, unless punishable as a misdemeanor, prohibited by Code Section 16-5-60;
(9) Cruelty to children, prohibited by Code Section 16-5-70; (10) Reckless abandonment, prohibited by Code Section 16-5-72; (11) Feticide, prohibited by Code Section 16-5-80; (12) Rape, prohibited by Code Section 16-6-1; (13) Aggravated sodomy, prohibited by Code Section 16-6-2; (14) Child molestation or aggravated child molestation, prohibited by Code Section 166-4;
(15) Enticing a child for indecent purposes, prohibited by Code Section 16-6-5; (16) Sexual assault against a person in custody, prohibited by Code Section 16-6-5.1; (17) Incest, prohibited by Code Section 16-6-22; (18) Aggravated sexual battery, prohibited by Code Section 16-6-22.2; (19) Burglary, prohibited by Code Section 16-7-1; (20) Arson in any degree, prohibited by Code Sections 16-7-60, 16-7-61, and 16-7-62; (21) Criminal possession of explosives or explosive devices, prohibited by Code Sections 16-7-63 and 16-7-64; (22) Robbery, prohibited by Code Section 16-8-40; (23) Armed robbery, prohibited by Code Section 16-8-41; (24) Treason, prohibited by Code Section 16-11-1; (25) Insurrection, prohibited by Code Section 16-11-2; (26) Sexual exploitation of children, prohibited by Code Section 16-12-100; (27) Bus or rail vehicle hijacking, prohibited by Code Section 16-12-123; or (28) Trafficking in marijuana or any controlled substance, prohibited by Code Section 16-13-31."
By striking from line 31 of page 10 the following: "paragraphs (2) through (7)", and inserting in lieu thereof the following:

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"paragraphs (2) through (28)".
Senators Edge of the 28th and Day of the 48th offered the following amendment:
Amend the Day et al. amendment to the committee substitute to SB 441 as follows:
Strike lines 29, 30, 31 on page 1, on line 33 of page 2, strike 16-7-61 and 16-7-62 and strike paragraph (8) on page 2 -- Renumber accordingly.
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 Burton Clay Coleman Crotts Day Edge Egan

Farrow Gillis Glanton Gochenour Guhl Henson Hill Hooks Huggins Isakson Kemp Langford of 29th McGuire

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

Those voting in the negative were Senators:

Broun of 46th Brown of 26th
^ks Harbison Hemmer

Langford of 35th Madden
Marable Middleton Oliver

Parrish Ray
Slotin Taylor Walker

Not voting was Senator Abernathy.
On the adoption of the amendment, the yeas were 39, nays 16, and the Edge and Day amendment to the Day et al. amendment was adopted.

Senators Newbill of the 56th and Clay of the 37th offered the following amendment:
Amend the Day et al. amendment to the committee substitute to SB 441 by adding after Burglary on line 30 page 2 the following: of a residence or a building, structure, or vehicle occupied by another person.
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 Burton

Clay Coleman Crotts Day Dean Edge Egan Farrow

Gillis Glanton Gochenour Guhl Harbison Hemmer Hill Hooks

THURSDAY, FEBRUARY 3, 1994

329

Muggins Isakson Kemp Langford of 29th Madden McGuire

Newbill Perdue Pollard Ragan of llth Ragan of 32nd Ralston

Scott Starr Thomas Thompson Turner Tysinger

Those voting in the negative were Senators:

Abernathy Brown of 26th Cheeks Henson Langford of 35th

Marable Middleton Oliver Parrish Ray

Robinson Slotin
Taylor Walker

On the adoption of the amendment, the yeas were 42, nays 14, and the Newbill and Clay amendment to the Day et al. amendment was adopted.

Senator Alien of the 2nd offered the following amendment:
Amend the Day et al. amendment to the committee substitute to SB 441 by striking on pg 2 line 30 (19) Burglary, pg 3 line (10) Insurrection.
On the adoption of the amendment the President ordered a roll call, and the vote as follows:

Those voting in the affirmative were Senators:

Alien Blitch Boshears Bowen Broun of 46th Coleman
Egan

Gillis Harbison Hill Hooks Kemp Madden
Perdue

Ragan of llth Robinson Scott c btarr Thomas
Thompson

Those voting in the negative were Senators:

Balfour Baugh Brown of 26th Burton Cheeks Clay Crotts Day Dean Edge Farrow

Glanton Gochenour Guhl Hemmer Henson Huggins Isakson Marable McGuire Middleton Newbill

Oliver Parrish Pollard Ragan of 32nd Ralston Ray Slotin Taylor Turner Tysinger Walker

Those not voting were Senators:

Abernathy

Langford of 35th

Langford of 29th

On the adoption of the amendment, the yeas were 20, nays 33, and the Alien amend ment to the Day et al. amendment was lost.

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JOURNAL OF THE SENATE

Senators Ralston of the 51st and Clay of the 37th offered the following amendment:
Amend the Day et al. amendment to the committee substitute to SB 441 as follows:
Strike lines 27, 28, 29, 30, 31 on page 1;
strike lines 1, 2, 3, 4, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, deleting "child molestation" from line 20;
strike lines 22, 23, 24, 25, 26, 27, 30, 31, 32, 33 on page 2;
strike lines 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, 13, 14, 15 on page 3.
Senator Ralston of the 51st asked unanimous consent that his amendment be withdrawn.
The consent was granted and the Ralston and Clay amendment to the Day et al. amendment was withdrawn.

Senator Farrow of the 54th offered the following amendment:
Amend the Day et al. amendment to the committee substitute as follows: Strike lines 27, 28, 29, 30, 31 on pg 1;
strike lines 1, 2, 3, 4, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, deleting "child molestation" from line 20;
strike lines 22, 23, 24, 25, 26, 27, 30, 31, 32, 33 on pg 2; strike lines 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, 13, 14, 15 on pg 3.
On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy
Alien Bhtch Coleman Farrow

Harbison
Hemmer Henson Oliver Perdue

Ralston Robinson
blotin Walker

Those voting in the negative were Senators:

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

Gillis Glanton Gochenour Guhl Hill Hooks Huggins Isakson Kemp Langford of 35th Langford of 29th Madden Marable McGuire

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

On the adoption of the amendment, the yeas were 14, nays 42, and the Farrow amend ment to the Day et al. amendment was lost.

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331

On the adoption of the Day et al. amendment to the committee substitute, the Presi dent ordered a roll call, and the vote was as follows:
Those voting in the affirmative were Senators:

Balfour Baugh Boshears Burton Clay Crotts Day

Edge Egan Glanton Gochenour Guhl Hemmer Isakson

Those voting in the negative were Senators:

McGuire Newbill Pollard Ragan of 32nd Starr Thompson Tysinger

Abernathy Alien Blitch Bowen Broun of 46th Brown of 26th Cheeks Coleman Dean Farrow Gillis Harbison

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

Perdue Ragan of llth Ralston Ray Robinson Scott Slotin Taylor Thomas Turner Walker

On the adoption of the amendment, the yeas were 21, nays 35, and the Day et al. amendment to the committee substitute was lost.

Senators Ralston of the 51st and Clay of the 37th offered the following amendment: Amend the Senate Judiciary Committee substitute to SB 441 as follows: Strike lines 27, 28, 29, 30, 31, on page 1; strike lines 1, 2, 3, 4, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, deleting "child molestation" from line 20; strike lines 22, 23, 24, 25, 26, 27, 30, 31, 32, 33, page 2; strike lines 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, 13, 14, 15, on page 3.

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

Those voting in the affirmative were Senators:

Alien Balfour Boshears Burton Cheeks Clay Crotts Day

Dean Edge Egan Farrow Glanton Gochenour Guhl Hemmer

Isakson McGuire Newbill Pollard Ragan of 32nd Ralston Thompson Tysinger

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JOURNAL OF THE SENATE

Those voting in the negative were Senators:

Abernathy Baugh Blitch Bowen Broun of 46th Brown of 26th Coleman Gillis Harbison
Henson
Hill

Hooks Huggins Kemp Langford of 35th Langford of 29th Madden Marable Middleton Oliver
Parrish
Perdue

Ragan of llth Ray Robinson Scott o, . 'olm btarr Taylor Thomas
Turner
Walker

On the adoption of the amendment, the yeas were 24, nays 32, and the Ralston and Clay amendment to the committee substitute was lost.

Senators Edge of the 28th and Day of the 48th offered the following amendment:
Amend the Senate Judiciary Committee Substitute to SB 441 by inserting paragraphs 4, 5, 15, 11, 14, 18 of amendment to main bill.

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 CClhaeyeks
Crotts
Day
Edge

Egan Farrow Glanton GGuohchl enour
Hemmer
Huggins
Isakson

McGuire Newbill Pollard RDagan of, ,,3,,2nd,
Ralston
Thompson
Tysinger

Those voting in the negative were Senators:

Alien Baugh Blitch Bowen Broun of 46th Brown of 26th Coleman Dean
Gillis
Harbison
Henson

Hill Hooks Kemp Langford of 35th Langford of 29th Madden Marable Middleton
Oliver
Parrish
Perdue

Ragan of llth Ray Robinson Scott o, t btarr Tavlor
Thomas
Turner
Walker

Not voting was Senator Abernathy.
On the adoption of the amendment, the yeas were 23, nays 32, and the Edge and Day amendment to the committee substitute was lost.

THURSDAY, FEBRUARY 3, 1994

333

On the adoption of the committee substitute, 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 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 McGuire Middleton Newbill

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

Not voting were Senators Abernathy and Guhl.

On the adoption of the substitute, the yeas were 54, 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 Blitch Boshears Bowen Broun of 46th Brown of 26th
BCluaryton Coleman Crotts Day Dean Edge Egan Farrow Gillis Glanton

Gochenour Guhl Harbison Hemmer Henson Hill Hooks
HIsaukpsoinns Kemp Langford of 35th Langford of 29th Madden Marable McGuire Middleton Newbill Oliver

Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston ^
R,, obinson *, u lotm btarr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy

Baugh

Cheeks

On the passage of the bill, the yeas were 53, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute.

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The President announced that the Senate would stand in recess from 12:01 P.M. until 1:30 P.M.
At 1:30 P.M., the President called the Senate to order.
The Calendar was resumed.
SB 443. By Senators Oliver of the 42nd, Robinson of the 16th and Broun of the 46th:
A bill to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to change the provisions regarding the transportation of mentally ill, mentally retarded, and alcoholic or drug dependent individuals who are patients or clients.
The Senate Health and Human Services Committee offered the following substitute to SB 443:
A BILL
To be entitled an Act to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to change the provisions regarding the transportation of mentally ill, mentally retarded, and alcoholic or drug dependent individuals who are pa tients or clients; to provide for all related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by striking Code Section 37-3-101, relating to the transportation of mentally ill patients generally, and inserting in its place the following:
"37-3-101. (a) The governing authority of the county of the patient's residence shall arrange 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 community mental health center, order the sheriff to transport the patient in such manner as the patient's condition demands. At any time the community mental health center is satisfied that the patient can be transported safely by family members or friends, such pri vate transportation shall be encouraged and authorized.
(b) Notwithstanding subsection (a) of this Code section, when a patient is an inpatient at aTacility, the facility may, in its discretion, arrange for and determine the type of vehicle employed for safely transporting the patient, without prior approval of the governing au thority of the county of the patient's residence, the court, or the community mental health center. This subsection shall not prevent the facility from requesting and receiving transpor tation services from the governing authority of the county of the patient's residence, and no provision of this subsection shall relieve the county sheriff from providing transportation if alternate transportation is not requested by the facility. The persons providing transporta tion are authorized to transport said patient from the sending facility to the receiving facil ity without releasing the patient except into the custody of the receiving facility in spite of requests or protestations by the patient and shall be allowed to use appropriate restraint measures to ensure safe transport of the patient. When transportation other than by the county sheriff is provided pursuant to this subsection, the expense of such transportation may be borne by the patient but shall in no circumstances be billed to the local governing authority^
(c) No female patient shall be transported at any time without another female in at tendance who is not a patient, unless such female patient is accompanied by her husband, father, adult brother, or adult son."

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335

Section 2. Said title is further amended by striking Code Section 37-4-61, relating to the transportation of mentally retarded clients generally, and inserting in its place the following:
"37-4-61. (a) The governing authority of the county of the client's residence shall ar range for all required transportation of the client. The type of vehicle employed shall be determined 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 com munity mental retardation program, shall order the sheriff to transport the client in such manner as the client's condition demands. At any time such community mental retardation program is satisfied that the client can be transported safely by family members or friends, such private transportation shall be encouraged and authorized.
(b) Notwithstanding subsection (a) of this Code section, when a client is a resident at a facility, the facility may, in its discretion, arrange for and determine the type of vehicle employed for safely transporting the client, without prior approval of the governing author ity of the county of the client's residence, the court, or the community mental retardation program. This subsection shall not prevent the facility from requesting and receiving trans portation services from the governing authority of the county of the client's residence, and no provision of this subsection shall relieve the county sheriff from providing transportation if alternate transportation is not requested by the facility. The persons providing transpor tation are authorized to transport said client from the sending facility to the receiving facil ity without releasing the client except into the custody of the receiving facility in spite of requests or protestations by the client and shall be allowed to use appropriate restraint measures to ensure safe transport of the client. When transportation other than by the county sheriff is provided pursuant to this subsection, the expenses of such transportation may be borne by the client but shall in no circumstances be billed to the local governing author! tyT
(c) 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 3. Said title is further amended by striking Code Section 37-7-101, relating to the transportation of alcoholic or drug dependent patients generally, and inserting in its place the following:
"37-7-101. (a) The governing authority of the county of the patient's residence shall arrange 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 community mental health center, order the sheriff to transport the patient in such manner as the patient's condition demands. At any time the community mental health center is satisfied that the patient can be transported safely by family members or friends, such pri vate transportation shall be encouraged and authorized.
(b) Notwithstanding subsection (a) of this Code section, when a patient is an inpatient at a Tacility, the facility may, in its discretion, arrange for and determine the type of vehicle employed for safely transporting the patient, without prior approval of the governing au thority of the county of the patient's residence, the court, or the community mental health center. This subsection shall not prevent the facility from requesting and receiving transpor tation services from the governing authority of the county of the patient's residence, and no provision of this subsection shall relieve the county sheriff from providing transportation if alternate transportation is not requested by the facility. The persons providing transporta tion are authorized to transport said patient from the sending facility to the receiving facil ity without releasing the patient except into the custody of the receiving facility in spite of requests or protestations by the patient and shall be allowed to use appropriate restraint measures to ensure safe transport of the patient. When transportation other than by the county sheriff is provided pursuant to this subsection, the expense of such transportation

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may be borne by the patient but shall in no circumstances be billed to the local governing authority!
(c) No female patient shall be transported at any time without another female in at tendance who is not a patient, unless such female patient is accompanied by her husband, father, adult brother, or adult son."
Section 4. 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:

Alien Baugh Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Crotts Day Dean Edge Egan Farrow Gillis

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

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

Voting in the negative was Senator Guhl. Those not voting were Senators:

Abernathy Balfour Blitch

Coleman Langford of 35th

Parrish Ray

On the passage of the bill, the yeas were 48, nays 1. The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Harbison of the 15th introduced Major General William Bland, Jr. of the Geor gia National Guard, commended by SR 439, adopted previously, who addressed the Senate briefly.

The Calendar was resumed.

SB 448. By Senators Pollard of the 24th, Robinson of the 16th, Ray of the 19th and Cheeks of the 23rd:
A bill to amend Article 2 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the probate courts, so as to provide that such courts shall have jurisdiction to try certain violations of Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, known as the "Georgia Boat Safety Act," when the defendant waives a jury trial.

THURSDAY, FEBRUARY 3, 1994

337

The Senate Special Judiciary Committee offered the following amendment: Amend SB 448 as follows: On line 3, page 2, replace "reasonable" with "probable".

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 Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Crotts
Dean Edge Egan Farrow Gillis

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

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

Those not voting were Senators:

Abernathy Coleman

Langford of 35th

Walker

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

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

SB 455. By Senator Pollard of the 24th:
A bill to amend Code Section 15-6-50.1 of the Official Code of Georgia Anno tated, relating to the Superior Court Clerks Training Council, so as to change the provisions relating to numbers of members and type of membership; to change the quorum necessary to conduct business.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
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

Day Dean Edge Egan Farrow Gillis

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JOURNAL OF THE SENATE

Glanton Gochenour Guhl Harbison " emmer
[J^ SOn Hooks Isakson Kemp Langford of 29th Madden

Marable McGuire 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 Coleman

Huggins

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.

SB 472. By Senator Egan of the 40th:
A bill to amend Code Section 48-5-45 of the Official Code of Georgia Annotated, relating to application for homestead exemptions, so as to change the date by which an application for a homestead exemption must be filed from April 1 to the closing date for the return of ad valorem taxes for the county in which the applicant resides.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
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 Br,urto, n xQ^neeKb Day D ean Edge Egan Farrow Gillis Glanton

Gochenour Guhl
Harbison Hemmer Henson
HRoilol ks ;
I.sak, son K... emp Langford of 29th Madden Marable McGuire Middleton Newbill Oliver

Parrish Perdue
Pollard Ragan of llth Ragan of 32nd
RRalston Robinson S_ co.t.t SP,.loti.n Starr Taylor Thomas Thompson Turner Tysinger Walker

THURSDAY, FEBRUARY 3, 1994

339

Those not voting were Senators:

Abernathy Coleman

Crotts

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.

SB 502. By Senator Oliver of the 42nd:
A bill to amend Code Section 44-12-137 of the Official Code of Georgia Anno tated, relating to prohibited acts by pawnbrokers, so as to provide that any pawnbroker who sells, offers for sale, or disposes of five or more firearms a year shall be required during hours when such pawnbroker's place of business is not open for business to keep such firearms in a locked or secured container or safe which is fully enclosed and locked by padlock key.
The Senate Judiciary Committee offered the following substitute to SB 502:
A BILL
To be entitled an Act to amend Chapter 16 of Title 43 of the Official Code of Georgia Annotated, relating to firearms dealers, so as to provide that any pawnbroker who sells, offers for sale, or disposes of five or more pistols, revolvers, or short-barreled firearms a year or any person, firm, retail dealer, or wholesale dealer whose sales exceed a certain amount per year shall be required during hours when such pawnbroker's place of business is not open for business to keep such firearms in a locked or secured container or safe or other device which is locked by a padlock key, lock, combination lock, or similar locking device; to provide that failure to maintain such firearms as provided will be a misdemeanor; 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 16 of Title 43 of the Official Code of Georgia Annotated, relating to firearms dealers, is amended by adding a new Code Section 43-16-2.1 to read as follows:
"43-16-2.1. Any pawnbroker or any clerk, agent, or employee of such pawnbroker who sells, offers for sale, or disposes of five or more pistols, revolvers, or short-barreled firearms of less than 15 inches in length a year or any person, firm, retail dealer, or wholesale dealer whose gross annual sales receipts for the preceding calendar year exceeded 50 percent of such receipts from the sale of such items, whether the same shall be his or her own property or whether he or she shall sell the same as an agent or employee of another, who, during hours when such pawnbroker's place of business is not open for business or such firearms are not on display for sale, fails to keep such firearms in a locked or secured container or safe or other device which is locked by a padlock key, lock, combination lock, or similar locking device, shall be guilty of a misdemeanor."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senators Edge of the 28th, Oliver of the 42nd and Perdue of the 18th offered the follow ing amendment:
Amend the committee substitute to SB 502 by striking on line 25 of page 1 beginning with "gross" through "items" on line 27 of page 1 and inserting in lieu thereof the following: "Annual sales receipts from the sale of such items for the preceding calendar year exceeded 50 percent of their gross annual sales"
On the adoption of the amendment, the yeas were 47, nays 0, and the Edge et al. amendment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 41, nays 1, and the substitute was adopted as amended.

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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 Broun of 46th Brown of 26th Coleman Egan Farrow Harbison

Hemmer Hill Hooks Madden Oliver Parrish

Ragan of llth Robinson Scott Slotin Taylor Thomas

Those voting in the negative were Senators:

Alien Balfour Baugh Blitch
Burton Cheeks
Crotts Day Dean Edge

Gillis Glanton Gochenour Guhl Huggins Isakson Kemp Langford of 29th Marable McGuire Middleton

Newbill Perdue Pollard Ragan of 32nd Ralston Ray Starr Thompson Turner Tysinger Walker

Those not voting were Senators:

Bowen

Henson

Langford of 35th

On the passage of the bill, the yeas were 19, nays 34. The bill, having failed to receive the requisite constitutional majority, was lost.
SR 376. By Senator Crotts of the 17th: A resolution designating a certain portion of U.S. Interstate Highway 20 as the Clarence R. Vaughn, Jr., Freeway.
Senator Crotts of the 17th moved that SR 376 be committed to the Transportation Committee.
On the motion, the yeas were 32, nays 0; the motion prevailed, and SR 376 was commit ted to the Transportation Committee.
Senator Ralston of the 51st introduced the doctor of the day, Dr. Ken Jago of Atlanta, Georgia.
The Calendar was resumed.
SR 386. By Senator Hooks of the 14th: A resolution designating the Ward Edwards Bridge.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, a roll call was taken and the vote was as follows:

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341

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 Gillis Glanton Gochenour Hemmer Hooks Muggins Isakson Kemp Langford of 29th Madden Marable McGuire Middleton Newbill

Those not voting were Senators:

Bowen Guhl Harbison

Henson Hill Langford of 35th

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

On the adoption of the resolution, the yeas were 48, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
SR 395 By: Senators Taylor of the 12th, Brown of the 26th, Middleton of the 50th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide mandatory minimum terms of imprisonment of ten years for the offenses of armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, and aggravated sexual battery and to pro hibit the State Board of Pardons and Paroles from granting a pardon or parole or any other form of early release to any person convicted of one of such offenses except in those cases where a person is sentenced to imprisonment for life; to prohibit such board from granting a pardon or parole or any other form of early release to any person who is convicted of one of such offenses except in those cases where a person is sentenced to imprisonment for life; to prohibit such board from granting a pardon or parole or any other form of early release to any person who is convicted for the second time of a serious violent felony as defined by general law and who is sentenced to imprisonment for life without parole; to prohibit such board from granting a pardon or parole or any other form of early release to a person sen tenced to imprisonment for life until such person has served a minimum term of imprison ment prescribed by general law; to prohibit such board from granting a pardon or parole or any other form of early release in cases where a person is sentenced to imprisonment for life without parole for a single offense; to provide exceptions with respect to a person convicted of a crime who is subsequently determined to be innocent of said crime; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article IV, Section II, Paragraph II of the Constitution is amended by strik ing subparagraph (b) in its entirety and inserting in lieu thereof a new subparagraph (b) to read as follows:
"(b) (1) When a sentence of death is commuted to life imprisonment, the board shall

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not have the authority to grant a pardon to the convicted person until such person has served at least 25 years in the penitentiary; and such person shall not become eligible for parole at any time prior to serving at least 25 years in the penitentiary. When a person is convicted of armed robbery, the board shall not have the authority to consider such person for pardon or parole until ouch person has served at least five years in the penitentiary.
(2) When a person is convicted of armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, or aggravated sexual battery, the person shall be sentenced to serve a mandatory minimum of ten years in prison and, except in those cases where a person is sentenced! to imprisonment for life, the board shall not have the authority to con sider such person for pardon or parole or any other form of early release administered by the board for the longer of the mandatory minimum term of imprisonment or the actual term of imprisonment ordered by the sentencing court
(3) When a person convicted in this state of a serious violent felony as defined by gen eral law or having been convicted under the laws of any other state or of the United States of a crime which if committed in this state would be a serious violent felony shall thereafter be convicted of a serious violent felony and sentenced to serve a term of imprisonment of life without parole, the board shall not have the authority to consider such person for par don or parole or any other form of early release unless the board or a court of this state, after notice and public hearing, determines that such person was innocent of one of such offenses, provided that the board is subject to the other provisions of this Paragraph
(4) When a person is sentenced to imprisonment for life, the board shall not have the authority to consider such person for pardon or parole or any other form of early release until such person has served a minimum term of imprisonment prescribed by general law.
(5) When a person is sentenced to imprisonment for life without parole for a single offense, the board shall not have the authority to consider such person for pardon or parole or any other form of early release during such person's natural life, provided that the provi sions of subparagraph (e) of this Paragraph shall apply in any such case."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"[ ] YES [ ] NO

Shall the Constitution be amended so as to provide mandatory minimum terms of imprisonment of ten years for the offenses of armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, and aggra vated sexual battery and to prohibit the State Board of Pardons and Pa roles from granting a pardon or parole or any other form of early release to any person convicted of one of such offenses except in those cases where a person is sentenced to imprisonment for life; to prohibit such board from granting a pardon or parole or any other form of early release to any person who is convicted for the second time of a serious violent felony as defined by general law and who is sentenced to imprisonment for life without parole; to prohibit such board from granting a pardon or parole or any other form of early release to a person sentenced to imprisonment for life until such per son has served a minimum term of imprisonment prescribed by general law; to prohibit such board from granting a pardon or parole or any other form of early release in cases where a person is sentenced to imprisonment for life without parole for a single offense; and to provide exceptions with respect to a person convicted of a crime who is subsequently determined to be inno cent of said crime?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote

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343

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
The Senate Judiciary Committee offered the following substitute to SR 395:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide mandatory minimum terms of imprisonment of ten years for the offenses of armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, and aggravated sexual battery and to pro hibit the State Board of Pardons and Paroles from granting a pardon, parole, or commuta tion to any person convicted of one of such offenses and sentenced to a term of years; to prohibit such board from granting a pardon, parole, or commutation to a person sentenced to imprisonment for life until such person has served a minimum term of imprisonment of 14 years; to prohibit such board from granting a pardon, parole, or commutation to any person who is convicted for the second time of murder, armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, or aggravated sexual battery and who is sentenced to imprisonment for life without parole; to prohibit such board from granting a pardon, parole, or commutation in cases where a person is sentenced to imprisonment for life without parole for a single offense; to provide exceptions with respect to a person con victed of a crime who is subsequently determined to be innocent of said crime or is deter mined to be medically incapacitated; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article IV, Section II, Paragraph II of the Constitution is amended by strik ing subparagraphs (b) and (e) in their entirety and inserting in lieu thereof new subparagraphs (b) and (e) to read as follows:
"(b) (1) When a sentence of death is commuted to life imprisonment, the board shall not have~EEe authority to grant a pardon to the convicted person until such person has served at least 25 years in the penitentiary; and such person shall not become eligible for parole at any time prior to serving at least 25 years in the penitentiary. When a person is convicted of armed robbery, the board ohall not have the authority to conaidcr auch person for pardon or parole until such person haa served at least five ycara in the penitentiary.
(2) When a person is convicted of armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, or aggravated sexual battery, the person shall be sentenced to serve a mandatory minimum of ten years in prison and, except in those cases where a person is sentenced to imprisonment for life, the board shall not have the authority to con sider such person for pardon, parole, or commutation for the longer of the mandatory mini mum term of imprisonment or the actual term of imprisonment ordered by the sentencing court, provided that the provisions of subparagraph (e) of this Paragraph shall apply in any such caseT
(3) When a person is sentenced to imprisonment for life, the board shall not have the authority to consider such person for pardon, parole, or commutation until such person has served a minimum term of imprisonment of 14 years, provided that the provisions of subparagraph (e) of this Paragraph shall apply in any such case.
(4) When a person convicted in this state of murder, armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, or aggravated sexual battery or having been convicted under the laws of any other state or of the United States of a crime which if committed in this state would be one of those offenses and who after such conviction subse quently commits and is convicted of one of those offenses and sentenced to serve a term of imprisonment of life without parole, the board shall not have the authority to consider such person for pardon, parole, or commutation, provided that the provisions of subparagraph (e) of this Paragraph shall apply in any such caseT
(5) When a person is sentenced to imprisonment for life without parole for a single offense, the board shall not have the authority to consider such person for pardon, parole, or

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commutation during such person's natural life, provided that the provisions of subparagraph (e) of this Paragraph shall apply in any such case."
"(e) Notwithstanding any other provisions of this Paragraph, the State Board of Par dons and Paroles shall have the authority to pardon any person convicted of a crime who is subsequently determined to be innocent of said crime or to issue a medical reprieve to an entirely incapacitated person suffering a progressively debilitating terminal illness who has been confined not less than 30 years or who is age 70 or olderT"
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"[ ] YES [ ] NO

Shall the Constitution be amended so as to provide mandatory minimum terms of imprisonment of ten years for the offenses of armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, and aggra vated sexual battery and, to prohibit the State Board of Pardons and Pa roles from granting a pardon, parole, or commutation to any person convicted of one of such offenses and sentenced to a term of years; to pro hibit such board from granting a pardon, parole, or commutation to a per son sentenced to imprisonment for life until such person has served a mini mum term of imprisonment of 14 years; to prohibit such board from granting a pardon, parole, or commutation to any person who is convicted for the second time of murder, armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, or aggravated sexual battery and who is sentenced to imprisonment for life without parole; to prohibit such board from granting a pardon, parole, or commutation in cases where a person is sentenced to imprisonment for life without parole for a single offense; and to provide exceptions with respect to a person convicted of a crime who is subsequently determined to be innocent of said crime or is determined to be medically incapacitated?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
On the adoption of the substitute, the yeas were 39, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.
On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote 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 Gillis Glanton

Gochenour Guhl Harbison Hemmer Henson Hill Huggins Isakson Kemp Langford of 29th

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345

Madden Marable McGuire MNeiwddbliellton
Oliver
Parrish

Perdue Pollard Ragan of llth RRaalgsatnonof 32nd
Scott
Slotin

Starr Taylor Thomas
Thompson Turner Tysinger

Those not voting were Senators:

Bowen Hooks

Langford of 35th Ray

Robinson Walker

On the adoption of the resolution, the yeas were 50, nays 0.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.

HB 574. By Representatives Cauthorn of the 35th, Martin of the 47th, Hammond of the 32nd and Henson of the 65th:
A bill to amend Chapter 3 of Title 44 of the Official Code of Georgia Annotated, related to the regulation of specialized land transactions, so as to provide for the governance of certain property owners' associations and developments; to provide a short title.
Senate Sponsor: Senator Egan of the 40th.
Senator Egan of the 40th moved that HB 574 be committed to the Special Judiciary Committee.
On the motion, the yeas were 36, nays 0; the motion prevailed, and HB 574 was com mitted to the Special Judiciary Committee.

HB 1193. By Representatives Watson of the 139th, Skipper of the 137th, Johnston of the 81st and others:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-volt age contractors, and utility contractors, so as to change the provisions relating to the licensing of utility contractors.
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:

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

Crotts Day Dean Edge Egan Farrow Gillis Gochenour Guhl Harbison Hemmer Henson

Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable McGuire Middleton Newbill Oliver

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Parrish Pollard Ragan of llth Ragan of 32nd

Ralston Scott Slotin Starr

Those not voting were Senators:

Bowen Glanton Langford of 35th

Perdue Ray Robinson

Thomas Thompson Turner Tysinger
Taylor Walker

On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 82. By Senator Walker of the 22nd:
A bill to amend Code Section 47-7-100 of the Official Code of Georgia Annotated, relating to eligibility for pension benefits under the Georgia Firemen's Pension Fund, so as to reduce the number of years required for vesting from 20 to 15 years and to provide for early retirement at the age of 45 years with reduced benefits; to provide conditions for an effective date and automatic repeal.

Senator Slotin of the 39th moved that SB 82 be committed to the Retirement Committee.
On the motion, the yeas were 38, nays 0; the motion prevailed, and SB 82 was commit ted to the Retirement Committee.
SB 449. By Senators Starr of the 44th, Ray of the 19th and Hill of the 4th:
A bill to amend Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions applicable to jails, so as to provide for the awarding of good-time allowances to inmates confined as county inmates for probation violations or felony offenses; to provide for applicability.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Alien Baugh Blitch Boshears Broun of 46th Brown of 26th Burton
Cheeks Coleman
Crotts
Dean
Egan

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

Parrish Perdue Pollard Ragan of llth pja Robinson Q TMoU
[otm Starr
Thomas
Turner
Tysinger

Those voting in the negative were Senators:

Balfour

Day

Clay

Edge

Farrow Glanton

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347

Gochenour Guhl

McGuire Newbill

Those not voting were Senators:

Bowen Henson

Langford of 35th Taylor

Ragan of 32nd Ralston
Thompson Walker

On the passage of the bill, the yeas were 38, nays 12.
The bill, having received the requisite constitutional majority, was passed.
SB 487. By Senators Crotts of the 17th, Coleman of the 1st, Harbison of the 15th and others:
A bill to amend Article 9 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to speed restrictions on streets and highways, so as to pro vide that the Department of Transportation and the governing authority of any county or municipal corporation shall be authorized to establish maximum speed limits in construction sites on or adjacent to any public street or highway.
The Senate Transportation Committee offered the following substitute to SB 487:
A BILL
To be entitled an Act to amend Article 9 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to speed restrictions on streets and highways, so as to provide that the Department of Transportation and the governing authority of any county or munic ipal corporation shall be authorized to establish maximum speed limits in construction or maintenance work sites on or adjacent to any public street or highway; to provide for signage; to provide a minimum penalty for violation of such speed limits; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 9 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to speed restrictions on streets and highways, is amended by striking in their entire ties subsections (b) and (c) of Code Section 40-6-181, relating to maximum speed limits, and inserting in lieu thereof, respectively, the following:
"(b) No person shall drive a vehicle at a speed in excess of the following maximum limits:
(1) Thirty miles per hour in any urban or residential district;
(2) Forty miles per hour in any location which ia within or adjacent to a construction or maintenance area when a sign prescribing that maximum vehicle speed limit is displayed.
{&} Sixty-five miles per hour on a highway on the federal interstate system which is outside of an urbanized area of 50,000 population or more, provided that such speed limit is designated by appropriate signs; and
44} (3) Fifty-five miles per hour in other locations.
(c) The maximum speed limits set forth in this Code section may be altered as author ized in Code Sections 40-6-182 ad, 40-6-183, and 40-6-188."
Section 2. Said article is further amended by inserting at the end thereof the following:
"40-6-188. (a) The Department of Transportation and the governing authority of any county or municipal corporation is authorized to establish a maximum speed limit through any construction or maintenance work site located on or adjacent to any street or highway.

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(b) Whenever speed zones are established pursuant to subsection (a) of this Code sec tion, there shall be erected or posted a sign of adequate size at the beginning point of such speed zone designating the zone, the speed limit to be observed therein, and the minimum fine for exceeding such speed, and there shall be erected or posted at the end of such speed zone an adequate sign indicating the end of such speed zone which sign shall also indicate such different speed limit as may then be observed. Where the speed limit established pur suant to subsection (a) of this Code section is at least ten miles per hours less than the established speed limit on the street or highway, there shall be erected at least 600 feet in advance of the beginning of the speed zone a sign of adequate size which shall bear the legend 'Reduce Speed Ahead.'
(c) A person convicted of exceeding the speed limit in any speed zone established pur suant to subsection (a) of this Code section shall be punished by a fine of not less than $100.00 nor more than $2,000.00 or by imprisonment for a term not to exceed 12 months, or both."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 44, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

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

Voting in the negative was Senator Guhl.

Those not voting were Senators:

Bowen Day

Farrow Gillis

Langford of 35th Taylor

On the passage of the bill, the yeas were 49, nays 1. The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Ray of the 19th moved that the Senate do now adjourn until 9:00 A.M. to morrow; the motion prevailed, and the President announced the Senate adjourned at 3:01 P.M.

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349

Senate Chamber, Atlanta, Georgia Friday, February 4, 1994
Thirteenth Legislative Day

The Senate met pursuant to adjournment at 9:00 A.M. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1447. By Representatives Dickinson of the 83rd, Wall of the 82nd, Mobley of the 86th, Dix of the 76th, Coleman of the 80th and others:
A bill to amend an Act to continue and re-create the State Court of Gwinnett County, so as to strike certain provisions relating to demand for trial.
HB 1562. By Representatives Ray of the 128th and James of the 140th:
A bill to provide a homestead exemption from Crawford County School District ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that school district who have annual incomes not exceeding $20,000.00 and who are 65 years of age or over or disabled.
HB 1563. By Representatives Ray of the 128th and James of the 140th:
A bill to provide a homestead exemption from Peach County School District ad valorem taxes for educational purposes in the amount of $20,000.00 of the as sessed value of the homestead for certain residents of that school district who have annual incomes not exceeding $20,000.00 and who are 65 years of age or over or disabled.
HB 1564. By Representative Smith of the 109th:
A bill to amend an Act providing for the election of the members of the Board of Education of Butts County, so as to change the provisions relating to the election and terms of office of the members of the Board of Education of Butts County.
HB 1565. By Representative Smith of the 109th:
A bill to amend an Act creating the Board of Commissioners of Butts County.
HB 1593. By Representatives Tillman of the 173rd, Floyd of the 172nd and Mosley of the 171st:
A bill to amend an Act entitled "an Act to repeal an Act incorporating the Town of Midway," so as to change the corporate boundaries of the City of Midway.

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HB 1554. By Representative Smith of the 169th:
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.
HB 837. By Representatives Snow of the 2nd, Bargeron of the 120th, Powell of the 23rd, Johnson of the 97th, Atkins of the 29th and others:
A bill to amend Title 13 of the Official Code of Georgia Annotated, relating to contracts, so as to provide for timely payments to contractors, subcontractors, and suppliers; to provide for definitions; to provide time limits for payments to contractors and subcontractors; to provide for the withholding of payments and grounds therefor.
HB 1283. By Representatives Parrish of the 144th, Murphy of the 18th, Parham of the 122nd, Powell of the 23rd, Harris of the 112th 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 change the time period for application to the Department of Public Safety for a replacement driver's license due to a change of the licensee's name or address.
HB 1100. By Representatives Shipp of the 38th, Atkins of the 29th, Coker of the 31st, Hammond of the 32nd and Culbreth of the 132nd:
A bill to amend Code Section 16-11-127.1 of the Official Code of Georgia Anno tated, relating to carrying weapons at school functions or on school property, so as to include bludgeon-type instruments within the definition of weapons.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:
SB 170. By Senators Marable of the 52nd, Garner of the 30th, Henson of the 55th, Thompson of the 33rd and Edge of the 28th:
A bill to amend Chapter 29 of Title 33 of the Official Code of Georgia Annotated, relating to individual accident and sickness insurance, and Article 1 of Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance.
SB 149. By Senator Abernathy of the 38th:
A bill to amend Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing and documents, so as to require all state agencies to include the classification "multiracial" on all forms requesting information on racial identification; to amend Chapter 2 of Title 20 of the Official Code of Geor gia Annotated, relating to elementary, secondary, and adult education, so as to require all public schools to include the classification "multiracial" on all school forms requesting information on racial identification.
The House has agreed to the Senate amendment to the following bill of the House:
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.

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351

The following bills and resolution of the Senate were introduced, read the first time and referred to committees:
SB 586. By Senators Boshears of the 6th and Kemp of the 3rd:
A bill to provide for the nonpartisan nomination and election of the coroner of Glynn County; to provide for the requirements and procedures of the nonparti san nomination and election; to provide for other matters relative to the forego ing; to provide for the authority for this Act. Referred to Committee on Urban and County Affairs.
SB 587. By Senators Boshears of the 6th and Kemp of the 3rd:
A bill to provide for the Glynn County Board of Elections and Registration and provide that it will succeed to the powers and duties of another board of elec tions; to provide for appointment, election, and qualifications of its members; to provide for its initial and subsequent membership; to provide for terms, resigna tions, removal and vacancies. Referred to Committee on Urban and County Affairs.
SB 588. By Senator Farrow of the 54th:
A bill to create the Murray County Family Circle 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 the court in which actions against the authority may be brought; to provide for construction. Referred to Committee on Urban and County Affairs.
SB 589. By Senator Alien of the 2nd:
A bill to amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to designate the month of February of each year as Georgia Black History Month. Referred to Committee on Economic Development, Tourism and Cultural Affairs.
SB 590. By Senators Alien of the 2nd, Day of the 48th and Crotts of the 17th:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to change the purposes for which certain education funds may be expended; to provide for a short title; to provide for the state and local share of such grants; to change certain penalty provisions. Referred to Committee on Education.
SB 591. By Senators Gochenour of the 27th, McGuire of the 30th, Glanton of the 34th and Day of the 48th:
A bill to amend Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to financial affairs of the General Assembly, so as to provide for issuance of a housing affordability impact note for any legislation or rule that affects the cost of constructing, purchasing, owning, or selling a residential unit of housing; to provide for contents and requirements for such housing affordability impact notes. Referred to Committee on Appropriations.
SB 592. By Senators Gillis of the 20th and Huggins of the 53rd:
A bill to amend Title 27 of the Official Code of Georgia Annotated, the "Game and Fish Code," so as to provide for a lifetime honorary hunting and fishing

352

JOURNAL OF THE SENATE

license for any person who is totally and permanently disabled; to prohibit hunt ing with a crossbow except under such circumstances as provided by the Board of Natural Resources; to provide for applicability to certain persons. Referred to Committee on Natural Resources.
SR 482. By Senators Scott of the 36th, Robinson of the 16th, Ray of the 19th and others: A resolution amending the Rules of the Senate with respect to decorum during sessions of the Senate.
Referred to Committee on Rules.
The following bills of the House were read the first time and referred to committees:
HB 837. By Representatives Snow of the 2nd, Bargeron of the 120th, Powell of the 23rd and others: A bill to amend Title 13 of the Official Code of Georgia Annotated, relating to contracts, so as to provide for timely payments to contractors, subcontractors, and suppliers; to provide for definitions; to provide time limits for payments to contractors and subcontractors; to provide for the withholding of payments and grounds therefor.
Referred to Committee on Science, Technology, and Industry.
HB 1100. By Representatives Shipp of the 38th, Atkins of the 29th, Coker of the 31st and others: A bill to amend Code Section 16-11-127.1 of the Official Code of Georgia Anno tated, relating to carrying weapons at school functions or on school property, so as to include bludgeon-type instruments within the definition of weapons.
Referred to Committee on Special Judiciary.
HB 1283. By Representatives Parrish of the 144th, Murphy of the 18th, Parham of the 122nd 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 change the time period for application to the Department of Public Safety for a replacement driver's license due to a change of the licensee's name or address.
Referred to Committee on Public Safety.
HB 1554. By Representative Smith of the 169th: A bill to amend Code Section 28-2-1 of the Official Code of Georgia Annotated, relating to apportionment of the House of Representatives and qualifications of its members, so as to change the composition of certain representative districts.
Referred to Committee on Reapportionment.
HB 1447. By Representatives Dickinson of the 83rd, Wall of the 82nd, Mobley of the 86th and others: A bill to amend an Act to continue and re-create the State Court of Gwinnett County, so as to strike certain provisions relating to demand for trial.
Referred to Committee on Urban and County Affairs.
HB 1562. By Representatives Ray of the 128th and James of the 140th: A bill to provide a homestead exemption from Crawford County School District ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that school district who

FRIDAY, FEBRUARY 4, 1994

353

have annual incomes not exceeding $20,000.00 and who are 65 years of age or over or disabled.
Referred to Committee on Urban and County Affairs.

HB 1563. By Representative Ray of the 128th:
A bill to provide a homestead exemption from Peach County School District ad valorem taxes for educational purposes in the amount of $20,000.00 of the as sessed value of the homestead for certain residents of that school district who have annual incomes not exceeding $20,000.00 and who are 65 years of age or over or disabled.
Referred to Committee on Urban and County Affairs.

HB 1564. By Representative Smith of the 109th:
A bill to amend an Act providing for the election of the members of the Board of Education of Butts County, so as to change the provisions relating to the election and terms of office of the members of the Board of Education of Butts County.
Referred to Committee on Urban and County Affairs.

HB 1565. By Representative Smith of the 109th: A bill to amend an Act creating the Board of Commissioners of Butts County.
Referred to Committee on Urban and County Affairs.

HB 1593. By Representatives Tillman of the 173rd, Floyd of the 172nd and Mosley of the 171st:
A bill to amend an Act entitled "an Act to repeal an Act incorporating the Town of Midway," so as to change the corporate boundaries of the City of Midway.
Referred to Committee on Urban and County Affairs.

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

Mr. President:

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

SB 394. Do pass by substitute. SB 506. Do pass by substitute. SR 462. Do pass. SR 463. Do pass.

SR 467. SR 470. HR 662.

Do pass. Do pass. Do pass.

Respectfully submitted,

Senator Starr of the 44th District, Chairman

Mr. President:

The Committee on Health and Human Services has had under consideration the follow ing bills and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 446. Do pass.
SB 512. Do pass.

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JOURNAL OF THE SENATE

SR 444. Do pass by substitute. Respectfully submitted, Senator Walker of the 22nd District, Chairman

Mr. President:

The Committee on Natural Resources has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 527. Do pass. HB 1372. Do pass.
Respectfully submitted,
Senator Gillis of the 20th District, Chairman

Mr. President:

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

SB 516. Do pass.

HB 1490. Do pass.

HB 1152. Do pass.

HB 1491. Do pass.

HB 1408. Do pass.

HB 1494. Do pass.

Respectfully submitted,

Senator Thompson of the 33rd District, Chairman

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

SB 433 SB 465 SB 493 SB 525 SR 426 HB 670 HB 1091 HB 1344 SB 442 SB 466 SB 514

SB 536 SR 455 HB 1020 HB 1183 SB 452 SB 467 SB 518 SB 551 HB 192 HB 1090 HB 1191

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

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

Cheeks Clay Coleman Crotts Day Dean Edge Egan Farrow

Gillis Glanton Gochenour Guhl Harbison Hemmer Hill Hooks Huggins

FRIDAY, FEBRUARY 4, 1994

355

Isakson Kemp Langford of 29th
MMMcaaGdradubeil.rnee Middleton Newbill Oliver

Parrish
Perdue Pollard

RRaagg"aann

of of

3ll2tnhd.

Ralston

Ray

Robinson

Scott Slotin Starr
TT_,ha, yolmoras Thompson Turner Tysinger

Those not answering were Senators:

Abernathy Henson

Langford of 35th

Walker

Senator Slotin of the 39th introduced the chaplain of the day, Rabbi Louis Feldstein, pastor of Atlanta Yad, Atlanta, Georgia, who offered scripture reading and prayer.
The following resolutions were read and adopted:

SR 478. By Senator Starr of the 44th:
A resolution congratulating Ruth Terrell Porter on the occasion of her one hun dredth birthday.

SR 479. By Senators Perdue of the 18th, Broun of the 46th, Turner of the 8th and others: A resolution commending Chancellor H. Dean Propst.

SR 480. By Senators Perdue of the 18th, Robinson of the 16th, Ray of the 19th and others:
A resolution recognizing The Paralympic Games and those athletes and medal winners who reside in Georgia.

SR 481. By Senators Thompson of the 33rd, Ragan of the 32nd, Clay of the 37th and Isakson of the 21st:
A resolution commending J. B. Walker and his Cheap Whiskey Band.

SR 483. By Senator Ragan of the llth: A resolution commending the Warriors of Southwest Georgia Academy.

SR 484. By Senators Turner of the 8th and Ragan of the llth: A resolution commending Vallye Blanton.

Senator Kemp of the 3rd moved that the following bill be withdrawn from the Commit tee on Governmental Operations and be committed to the Committee on Ethics:

SB 69. By Senators Kemp of the 3rd, Hill of the 4th, Baugh of the 25th and others:
A bill to amend Article 4 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to the conduct of public officials and disclosure by lobbyists, so as to prohibit lobbying by members of the General Assembly and certain other elected officials for a period of two years after they leave office; to provide for exceptions; to provide for a penalty.

On the motion, the yeas were 34, nays 0; the motion prevailed, and SB 69 was with drawn from the Committee on Governmental Operations and committed to the Committee on Ethics.

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The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Friday, February 4, 1994
THIRTEENTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 516 Coleman, 1st Alien, 2nd CITY OF SAVANNAH/CHATHAM COUNTY
Repeals an Act carrying into effect the provisions of the constitutional amendment authorizing the General Assembly to provide that the mayor and alderman of the City of Savannah and Chatham County may contract for the consolidation and combining of the county and city board of tax assessors.
HB 1152 Crotts, 17th Guhl, 45th NEWTON COUNTY
Provides for a change in the compensation of the Sheriff, the Tax Commis sioner, the Judge of the Superior Court, and the Chairperson of the Board of Commissioners of Newton County to reflect increases in the cost of living, so as to change the base salary for such county officers.
HB 1408 Madden, 47th ELBERT COUNTY
Amends an Act providing for a Board of Commissioners for the County of Elbert, so as to change certain powers of the county administrator.
HB 1490 Alien, 2nd Hill, 4th EFFINGHAM COUNTY
Amends an Act creating the State Court of Effingham County, so as to change the salary of the solicitor of said court.
HB 1491 Alien, 2nd Hill, 4th EFFINGHAM COUNTY
Amends an Act creating the board of commissioners of Effingham County and providing for their election and defining the duties of said commission ers, so as to provide that the governing authority of Effingham County shall have authority to establish fines or periods of imprisonment, or both, in con formity with the laws of this state.
HB 1494 Burton, 5th Thomas, 10th Tysinger, 41st Oliver, 42nd Parrish, 43rd

FRIDAY, FEBRUARY 4, 1994

357

Henson, 55th DEKALB COUNTY
Amends an Act authorizing and directing the chairman and board of commis sioners of DeKalb County to create the DeKalb County Community Rela tions Commission, so as to change the provisions relating to the membership of the DeKalb County Community Relations Commission.

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 26th Burton Cheeks Clay Coleman Crotts Day Dean Edge Farrow

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

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

Those not voting were Senators:

Abernathy Egan

Henson Langford of 35th

Ralston

On the passage of all the local bills, the yeas were 51, nays 0.
All the bills on the Senate Local Consent Calendar, having received the requisite consti tutional majority, were passed.
The following uncontested population bill of the House, favorably reported by the com mittee as listed on the SENATE GENERAL CONSENT CALENDAR FOR POPULA TION BILLS, was put upon its passage:

SENATE GENERAL CONSENT CALENDAR FOR POPULATION BILLS Friday, February 4, 1994
THIRTEENTH LEGISLATIVE DAY

HB 1289 Thomas, 10th Glanton, 34th Langford, 35th Scott, 36th Abernathy, 38th Slotin, 39th

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JOURNAL OF THE SENATE

Egan, 40th Oliver, 42nd Henson, 55th Day, 48th Newbill, 56th ATLANTA/FULTON COUNTY
Repeals 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; and for other purposes."

The report of the committee, which was favorable to the passage of the bill as reported, was agreed to.
On the passage of the bill on the SENATE GENERAL CONSENT CALENDAR FOR POPULATION BILLS, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Baugh Blitch Boshears
Bowen Broun of 46th
Brown of 26th
Sp,eek" Coleman Crotts Day Dean Edge Farrow Gillis

Glanton Gochenour Guhl Harbison
Hemmer Hm
Hooks
HIsauk^soinns KemP J Langford of 29th Madden Marable McGuire Middleton Newbill

Oliver Parrish Pollard Ragan of llth
Ragan of 32nd R
Robinson
SSlcoottitn Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Alien Egan

Henson Langford of 35th

Perdue Ralston

On the passage of the population bill, the yeas were 49, nays 0.
The bill on the SENATE GENERAL CONSENT CALENDAR FOR POPULATION BILLS, having received the requisite constitutional majority, was passed.
The following bill was taken up to consider House action thereto:

SB 170. By Senators Marable of the 52nd, Garner of the 30th, Henson of the 55th and others:
A bill to amend Chapter 29 of Title 33 of the Official Code of Georgia Annotated, relating to individual accident and sickness insurance, and Article 1 of Chapter

FRIDAY, FEBRUARY 4, 1994

359

30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance.
The House substitute was as follows:
A BILL
To be entitled an Act to amend Chapter 29 of Title 33 of the Official Code of Georgia Annotated, relating to individual accident and sickness insurance, and Article 1 of Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket acci dent and sickness insurance, so as to provide that individual, group, or blanket major medi cal policies shall not exclude coverage for certain treatment relative to the temporomandibular joint dysfunction or surgery for the correction of functional deformities of the maxilla or mandible; to provide exceptions; to provide for permitted conditions, limitations, exclusions, or reductions applicable to certain coverages; to provide definitions; to provide for construction; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 29 of Title 33 of the Official Code of Georgia Annotated, relating to individual accident and sickness insurance, is amended by adding at the end thereof a new Code Section 33-29-20 to read as follows:
"33-29-20. (a) As used in this Code section, the term:
(1) 'Functional deformity' means a deformity of the bone or joint structure of the max illa or mandible such that the normal character and essential function of such bone struc ture is impeded.
(2) 'Policy' means any major medical benefit plan, contract, or policy except the Geor gia Basic Health Plan, a credit insurance policy, disability income policy, specified disease policy, hospital indemnity policy, limited accident policy, or other similarly limited accident and sickness policy.
(3) 'Temporomandibular joint' means the connection of the mandible and the temporal bone through the articular disc surrounded by the joint capsule and associated ligaments and tendons.
(4) 'Temporomandibular joint dysfunction' means congenital or developed anomalies of the temporomandibular joint.
(b) No policy may be issued or issued for delivery in this state which:
(1) Excludes medically necessary surgical or nonsurgical treatment for the correction of temporomandibular joint dysfunction by physicians or dentists professionally qualified by training and experience; or
(2) Excludes medically necessary surgery for the correction of functional deformities of the maxilla and mandible.
(c) The provisions of this Code section shall not cover cosmetic or elective orthodontic or periodontic care or general dental care.
(d) (1) The coverage under paragraph (1) of subsection (b) of this Code section may contain such types of exclusions, reductions, or other limitations as to coverages, deductibles, or coinsurance provisions which apply to other benefits under the accident and sick ness insurance benefit plan, policy, or contract.
(2) Basic coverage for the nonsurgical treatment of temporomandibular joint dysfunc tion under paragraph (1) of subsection (b) of this Code section may be limited to history and examination; radiographs, which must be diagnostic for temporomandibular joint dys function; splint therapy with necessary adjustments, provided that removable appliances designed for orthodontic purposes would not be reimbursable under a major medical plan; and diagnostic or therapeutic masticatory muscle and temporomandibular joint injections.

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JOURNAL OF THE SENATE

(e) Except as provided in paragraph (1) of subsection (c) of Code Section 33-30-23, for policies limited only to dental coverage, nothing contained in this Code section shall be deemed to prohibit the payment of different levels of benefits or from having differences in coinsurance percentages applicable to benefit levels for services provided by preferred and nonpreferred providers as otherwise authorized under the provisions of Article 2 of Chapter 30 of this title, relating to preferred provider arrangements."
Section 2. Article 1 of Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance, is amended by adding at the end thereof a new Code Section 33-30-14 to read as follows:
"33-30-14. (a) As used in this Code section, the term:
(1) 'Functional deformity' means a deformity of the bone or joint structure of the max illa or mandible such that the normal character and essential function of such bone struc ture is impeded.
(2) 'Policy' means any major medical benefit plan, contract, or policy except the Geor gia Basic Health Plan, a credit insurance policy, disability income policy, specified disease policy, hospital indemnity policy, limited accident policy, or other similarly limited accident and sickness policy.
(3) 'Temporomandibular joint' means the connection of the mandible and the temporal bone through the articular disc surrounded by the joint capsule and associated ligaments and tendons.
(4) 'Temporomandibular joint dysfunction' means congenital or developed anomalies of the temporomandibular joint.
(b) No policy may be issued or issued for delivery in this state which:
(1) Excludes medically necessary surgical or nonsurgical treatment for the correction of temporomandibular joint dysfunction by physicians or dentists professionally qualified by training and experience; or
(2) Excludes medically necessary surgery for the correction of functional deformities of the maxilla and mandible.
(c) The provisions of this Code section shall not cover cosmetic or elective orthodontic or periodontic care or general dental care.
(d) (1) The coverage under paragraph (1) of subsection (b) of this Code section may contain such types of exclusions, reductions, or other limitations as to coverages, deductibles, or coinsurance provisions which apply to other benefits under the accident and sick ness insurance benefit plan, policy, or contract.
(2) Basic coverage for the nonsurgical treatment of temporomandibular joint dysfunc tion under paragraph (1) of subsection (b) of this Code section may be limited to history and examination; radiographs, which must be diagnostic for temporomandibular joint dys function; splint therapy with necessary adjustments, provided that removable appliances designed for orthodontic purposes would not be reimbursable under a major medical plan; and diagnostic or therapeutic masticatory muscle and temporomandibular joint injections.
(e) Except as provided in paragraph (1) of subsection (c) of Code Section 33-30-23 for policies limited only to dental coverage, nothing contained in this Code section shall be deemed to prohibit the payment of different levels of benefits or from having differences in coinsurance percentages applicable to benefit levels for services provided by preferred and nonpreferred providers as otherwise authorized under the provisions of Article 2 of this chapter, relating to preferred provider arrangements."
Section 3. This Act shall be applicable to individual, group, or blanket major medical policies issued or issued for delivery on and after July 1, 1994.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

FRIDAY, FEBRUARY 4, 1994

361

Senator Marable of the 52nd moved that the Senate agree to the House substitute to SB 170.
Senator Egan of the 40th moved that the House substitute to SB 170 be printed.
On the motion offered by Senator Egan of the 40th to print the House substitute, the yeas were 40, nays 0; the motion prevailed, and the House substitute was ordered printed. Action on the Marable motion to agree was postponed subject to the printing.
SENATE CALENDAR
Friday, February 4, 1994
THIRTEENTH LEGISLATIVE DAY
HB 158 Employees' Retirement System--credit for certain military service (Ret--5th) Floyd--138th
HB 500 Sheriffs' Retirement--previous member may apply if becoming sheriff again (Ret--53rd) Buck--135th
HB 804 District Attorneys' Retirement--increased benefits those with more than 16 years (Ret--44th) Buckner--95th
HB 807 Employees' Retirement--credit for certain hospital authority service (Ret--44th) Buckner--95th
HB 959 Employees' Retirement--agricultural commodity commission employees (Ret--llth) Reaves--178th
SB 406 DUI Conviction or Nolo Plea--license suspension period (Judy--51st) SB 461 Certain Juvenile Hearings--open to public (Judy--42nd)
SB 464 Work for Welfare Program--public assistance recipients participate (Substitute) (H&HS--12th)
SB 521 Handicapped--create Office of Sensory Affairs (YA&HE--5th) SB 546 Liens--notice of commencement to certain subcontractors (ST&I--29th) HB 415 Homicide--prohibit certain acts assisting in commission of suicide (Substitute)
(S Judy--28th) Crews--78th
HB 516 Irrigation Contractors--licensing (Substitute) (ST&I--41st) Smith--174th HB 1179 Downtown Development Authority--directors' term lengths (U&CA G--33rd)
Lane--55th HB 1208 Official Code of Georgia Annotated--corrections (Judy--42nd) Thomas--100th HB 1218 Title 47 (Retirement and Pensions)--correct errors (Judy--42nd)
Thomas--100th HB 1219 Title 21 (Elections)--correct errors (Judy--42nd) Thomas--100th SB 492 Child Abuse Protocol--judicial circuits adopt (YA&HE--33rd)
The following general bills were read the third time and put upon their passage:
HB 158. By Representatives Floyd of the 138th and Cummings of the 27th: A bill to amend Code Section 47-2-96 of the Official Code of Georgia Annotated, relating to certain creditable service under the Employees' Retirement System of Georgia, so as to authorize creditable service for certain active duty military service.
Senate Sponsor: Senator Burton of the 5th.

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JOURNAL OF THE SENATE

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Egan Gillis Gochenour Guhl Harbison Hemmer Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable McGuire Middleton

Those voting in the negative were Senators:

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

Farrow

Newbill

Those not voting were Senators:

Ragan of 32nd

Alien Glanton

Henson Langford of 35th

Parrish Ralston

On the passage of the bill, the yeas were 47, nays 3. The bill, having received the requisite constitutional majority, was passed.

HB 500. By Representatives Buck of the 135th and Floyd of the 138th:
A bill to amend Code Section 47-16-41 of the Official Code of Georgia Annotated, relating to delayed application for membership in the Sheriffs' Retirement Fund of Georgia, so as to provide that a sheriff who was a member of such fund and subsequently ceased being a member may, upon again becoming a sheriff, apply for membership.
Senate Sponsor: Senator Huggins of the 53rd.

FRIDAY, FEBRUARY 4, 1994

363

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

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

October 28, 1993

Honorable Bill Cummings, Chairman Retirement Committee House of Representatives State Capitol, Room 402 Atlanta, Georgia 30334

SUBJECT: Actuarial Investigation House Bill 500 (LC 21 2065) Sheriffs' Retirement Fund of Georgia

Dear Representative Cummings:

This bill provides that any currently serving sheriff who was a member of the Sheriffs' Retirement Fund and subsequently ceased being a member may, upon becoming a sheriff again, apply for membership in the fund. The bill further states that no sheriff under this provision is entitled to claim credit for prior service.

The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actu arial assumptions and methods.

(1) The amount of unfunded actuarial accrued liability which will re

sult from the bill.

$

0

(2) The amount of annual normal cost which will result from the bill. $

0

A portion of

fines, bond

forfeitures,

(3) The Employer contribution rate currently in effect.

and fees

A portion of

fines, bond

(4) The employer contribution rate recommended (in conformity with forfeitures,

minimum funding standards specified in Code Section 47-20-10).

and fees

(5) The dollar amount of the increase in the annual employer contribu

tion which is necessary to maintain the retirement system in an ac-

tuarially sound condition.

$

0

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.
Sincerely,
/a/ Claude L. Vickers State Auditor

Honorable Claude L. Vickers, State Auditor Department of Audits
254 Washington Street, Room 214 Atlanta, Georgia 30334-8400
1. Actuarial investigation following Department of Audits general format.
2. RE: Actuarial investigation of HB No. 500 and LC 21-2065.

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JOURNAL OF THE SENATE

3. As requested, we have made an actuarial investigation of the impact of (HB No. 500 and LC 21-2065) on the (Sheriffs Retirement Fund of Georgia) in accordance with the re quirements of Code Section 47-20-36.

4. This bill would provide that any currently serving sheriff who was previously a mem ber of the Georgia Sheriff's Retirement Fund but who subsequently ceased to be a sheriff and withdrew from the Fund may, upon again becoming a sheriff, become a member of the Fund by submitting an application to the Secretary-Treasurer of the Fund. Application must be made between July 1, 1994 and December 31, 1994. After December 31, 1994, any person who was previously a member, ceased to be a sheriff, and withdrew from the Fund may submit an application to become a member of the fund within one year of again becom ing a sheriff. No sheriff who rejoins the Fund pursuant to this provision shall be entitled to claim credit for prior service as a sheriff, a peace officer, or a member of the armed services.

5. The cost of this proposed legislation would be $0 in the first year. The increase in unfunded actuarial accrued liability would be $0. See Item 7 for analysis.

6. The following table reflects the unfunded actuarial accrued liability and projected minimum funding standards before and after the proposed legislation. The projected mini mum funding standards are in conformity with all minimum funding standards specified by Code Section 47-20-10. All amounts are in $ thousands.

Accrued Liability Actuarial Value of
Assets
Unfunded Actuarial Accrued Liability
Total Service Cost
Contribution to the Fund

Before Legislation
(in OOOs) $23,929
$22,392
$ 1,537 $ 306
$ 1,637

After Legislation
(in OOOs) $23,929
$22,392
$ 1,537 $ 306
$ 1,637

Increase Due to Legislation
(in OOOs) $0 $0
$0 $0
$0

FRIDAY, FEBRUARY 4, 1994

365

Projected Minimum Funding Standards*
Total Service Cost Past Service
Amortization Expected Member
Dues Interest on
cumulative excess of prior year contrib. over min. requirements
Projected Minimum Funding Standards
Expected Fines Collected
Excess of fines collected over min. required contrib.

Before Legislation
(in OOOs)
$ 306 $ 879 $ (54)
$ (253) $ 878 $ 1,637
$ 759

After Legislation
(in OOOs)

Increase Due to Legislation
(in OOOs)

$ 306 $ 879 $ (54)

$0 $0 $0

$ (253) $ 878 $ 1,637
$ 759

$0 $0 $0
$0

* Without using $4,210,266 cumulative excess of prior year contributions over mini mum contributions as of 6/30/92.

7. Concluding remarks: HB No. 500 has the potential to be a fiscal bill because it allows any sheriff who was previously a member of the Fund but who subsequently ceased to be a sheriff and withdrew from the Fund to again become a member of the Fund upon submit ting an application within the required timeframe. In order to be a fiscal bill in practice, at least one sheriff would have to apply for membership under this provision. Our conclusion, therefore, is that the bill would not have fiscal impact until a sheriff joins the Fund for a second time as previously described. The contribution was for the period 7/1/91 to 6/30/92. Accrued liability is as of 6/30/92. Normal cost is as of 7/1/92 to 6/30/93.

8. The person preparing the actuarial investigation of HB No. 500 and LC 21-2065 at Alexander & Alexander Consulting Group is Kerry N. Schmidt, F.S.A., Principal:

Is/ Kerry N. Schmidt

9/13/93

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

366

JOURNAL OF THE SENATE

Guhl Harbison Hemmer Hill Hooks Huggins Isakson Kemp Langford of 29th Madden

Marable McGuire Middleton Newbill Oliver Perdue Pollard Ragan of llth Ragan of 32nd Ray

Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Alien Henson

Langford of 35th Parrish

Ralston

On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Robinson of the 16th, President Pro Tempore, assumed the Chair.

HB 804. By Representative Buckner of the 95th:
A bill to amend Article 6 of Chapter 13 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits and other benefits under the District Attorneys' Retirement System, so as to provide for increased benefits for mem bers retiring with more than 16 years of service.
Senate Sponsor: Senator Starr of the 44th.

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

DEPARTMENT OF AUDITS 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400
October 28, 1993
Honorable Bill Cummings, Chairman Retirement Committee House of Representatives State Capitol, Room 402 Atlanta, Georgia 30334
SUBJECT: Actuarial Investigation House Bill 804 (LC 21 2458S) District Attorneys' Retirement System
Dear Representative Cummings:
This bill would provide for increased benefits for members of the District Attorneys' Retirement System who retire with more than 16 years of service. Benefits for members retiring with more than 16 years of service would be computed on the basis of 64 percent plus 1 percent per year for each year over 16 years of the member's average annual compen sation multiplied by the member's total number of years of creditable service not to exceed 24 years.
The actuary assumed that the provision in Code Section 47-13-70(b), requiring that the maximum retirement benefit be based on 16 years of creditable service, was a drafting error and does not apply.
The following is a summary of the relevant findings of the actuarial investigation for

FRIDAY, FEBRUARY 4, 1994

367

this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actu arial assumptions and methods.

(1) The amount of unfunded actuarial accrued liability which will re

sult from the bill.

$

(2) The amount of annual normal cost which will result from the bill. $

(3) The employer contribution rate currently in effect.

(4) The employer contribution rate recommended (in conformity with

minimum funding standards specified in Code Section 47-20-10).

(5) The dollar amount of the increase in the annual employer contribu

tion which is necessary to maintain the retirement system in an ac-

tuarially sound condition.

$

N/A* 89,690 (3.82)%
(0.51)%
96,417

"The actuarial funding method used to value this plan does not generate an unfunded actuarial liability.

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.

Sincerely,

/s/ Claude L. Vickers State Auditor

September 16, 1993
Honorable Claude L. Vickers State Auditor Department of audits Room 214 254 Washington Street, S.W. Atlanta, Georgia 30334-8400
Attention: Michael A. Plant
Re: House Bill 804 (LC 21 2458S)
Dear Mr. Vickers:
As requested, we have made an actuarial investigation of the impact of HB 804 (LC 21 2458S) on the District Attorneys' Retirement System in accordance with the requirements of Code Section 47-20-36. This bill would provide for increased benefits for members retir ing with more than 16 years of service.
The cost of this proposed legislation would be $96,417.00 in the first year. Because the actuarial cost method used for the System (the aggregate method) does not provide for the calculation of an unfunded accrued liability, there is no explicit unfunded accrued liability increase due to the proposed legislation. The estimated fiscal impact of this bill has been derived on the basis of the following retirement benefit formula:
4% of final average compensation per year of service up to 16 years,
PLUS
1% of final average compensation per year of service in excess of 16 years, up to 24 years of service
We assumed that the provision in Code Section 47-13-70(b), requiring that the maxi mum retirement benefit be based on 16 years of creditable service, was a drafting error and does not apply.
The following table reflects the recommended employer contribution before and after the proposed legislation. The recommended employer contribution rate is in conformity with all minimum funding standards specified by Code Section 47-20-10.

368

JOURNAL OF THE SENATE

Before Legislation

% of Payroll Amount

Unfunded Actuarial Accrued

Liability*

N/A N/A

Annual Contribution

After Legislation % of Payroll Amount
N/A N/A

Increase Due to Legislation
% of Payroll Amount
N/A N/A

Normal Cost Accrued Liability*

(3.56%) $(103,425) (0.47%) $ (13,735) 3.09% N/A N/A N/A N/A N/A

Employer Contribution Rate

Currently in Effect

(3.82%) $(111,182) (0.51%) $ (14,765) 3.31%

Employer Contribution Rate

Recommended Due to

Minimum Funding

Standards

0.00% $

0 0.00% $

0 0.00%

* The plan's cost method does not provide for the calculation of an accrued liability.

$ 89,690 N/A
$ 96,417
$0

Even with the implementation of the legislation, the costs of the plan would continue to be below zero.
Our calculations are based on the data and actuarial assumptions used for the July 1, 1992 actuarial valuation of the System.
If you have any questions, please let us know.

Sincerely,

/s/ Andrew M. Graham Actuarial Assistant
/s/ Bonnie B. Seals, F.S.A. Actuary

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton
P\^VIIiCoCobK-Sc
Clay Coleman Crotts Day Dean Edge Egan Farrow

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

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

FRIDAY, FEBRUARY 4, 1994

369

Those not voting were Senators:

Alien Henson

Langford of 35th

Robinson (presiding)

On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 807. By Representatives Buckner of the 95th, Lee of the 94th, Bailey of the 93rd and Benefield of the 96th:
A bill to amend Code Section 47-2-96 of the Official Code of Georgia Annotated, relating to prior service credit under the Employees' Retirement System of Geor gia, so as to provide that certain employees of county hospital authorities who were transferred to state service by operation of law or by the action of a state agency shall be entitled to receive prior service credit for service rendered to such hospital authority.
Senate Sponsor: Senator Starr of the 44th.

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

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

October 28, 1993

Honorable Bill Cummings, Chairman Retirement Committee House of Representatives State Capitol, Room 402 Atlanta, Georgia 30334

SUBJECT: Actuarial Investigation House Bill 807 (LC 21 2459S) Employees' Retirement System

Dear Representative Cummings:

This bill provides that certain employees of county hospital authorities who were trans ferred to state service prior to 1980 and are members of the Employees' Retirement System shall be entitled to receive prior service credit for service rendered to the county hospital authority. The member may receive up to a maximum of ten years service by paying the regular employer and employee contribution on the compensation paid to the employee upon first becoming a state employee plus 5 percent interest compounded annually.

The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actu arial assumptions and methods.

(1) The amount of unfunded actuarial accrued liability which will re

sult from the bill.

$

(2) The amount of annual normal cost which will result from the bill. $

(3) The employer contribution rate currently in effect.

(4) The employer contribution rate recommended (in conformity with

minimum funding standards specified in Code Section 47-20-10).

(5) The dollar amount of the increase in the annual employer contribu

tion which is necessary to maintain the retirement system in an ac-

tuarially sound condition.

$

111,000 0
15.71%
15.71%
8,000

370

JOURNAL OF THE SENATE

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.
Sincerely,
/a/ Claude L. Vickers State Auditor

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Egan Gillis Glanton Guhl Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable McGuire

Middleton Oliver Parrish Perdue Pollard Ragan of llth Ralston Ray Scott Slotin Starr Taylor Thomas
Thompson Turner Tysinger

Those voting in the negative were Senators:

Farrow

Newbill

Ragan of 32nd

Those not voting were Senators:

Alien Gochenour

Langford of 35th Robinson (presiding)

Walker

On the passage of the bill, the yeas were 48, nays 3. The bill, having received the requisite constitutional majority, was passed.

HB 959. By Representative Reaves of the 178th:
A bill to amend Code Section 47-2-312 of the Official Code of Georgia Annotated, relating to membership in the Employees' Retirement System of Georgia for em ployees of agricultural commodity commissions, so as to provide that certain such employees may obtain creditable service for certain prior service with such commissions.
Senate Sponsor: Senator Ragan of the llth.

FRIDAY, FEBRUARY 4, 1994

371

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

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

October 28, 1993

Honorable Bill Cummings, Chairman Retirement Committee House of Representatives State Capitol, Room 402 Atlanta, Georgia 30334

SUBJECT: Actuarial Investigation House Bill 959 (LC 21 2299) Employees' Retirement System

Dear Representative Cummings:

This bill provides that certain members of the Employees' Retirement System who were employees of agricultural commodity commissions on July 1, 1976 may obtain creditable service for prior service to the commissions. To obtain the prior service, the member must pay to the board of trustees the employee contribution which would have been paid during the period of prior employment plus 5 percent interest per year. The commission shall pay the employer contributions plus 5 percent interest per year.

The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actu arial assumptions and methods.

(1) The amount of unfunded actuarial accrued liability which will re

sult from the bill.

$

(2) The amount of annual normal cost which will result from the bill. $

(3) The employer contribution rate currently in effect.

0* 0 15.71%

*No additional unfunded actuarial accrued liability because the employer will immedi ately pay the additional liability if the bill is enacted.

(4) The employer contribution rate recommended (in conformity with

minimum funding standards specified in Code Section 47-20-10).

(5) The dollar amount of the increase in the annual employer contribu

tion which is necessary to maintain the retirement system in an ac-

tuarially sound condition.

$

15.71% 0

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.
Sincerely,
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:

372

JOURNAL OF THE SENATE

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

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

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

Those not voting were Senators:

Alien . Edge

Langford of 35th Ralston

Walker

On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed. The President resumed the Chair.

SB 406. By Senators Ralston of the 51st, Oliver of the 42nd, Edge of the 28th and Robin son of the 16th:
A bill to amend Code Section 40-5-63 of the Official Code of Georgia Annotated, relating to periods of suspension of drivers' licenses, so as to provide a period of suspension of the licenses of drivers under the age of 18 convicted of or pleading nolo contendere to driving under the influence of drugs or alcohol; to provide for applicability.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Crotts Day Dean Edge Egan Farrow Gillis Glanton Gochenour Guhl Harbison Hemmer Henson

Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable McGuire Middleton Newbill Oliver Parrish

FRIDAY, FEBRUARY 4, 1994

373

Perdue Pollard Ragan of 32nd Ralston

Robinson Scott Slotin Starr

Taylor Thomas Thompson Tysinger

Those not voting were Senators:

Langford of 35th Ragan of llth

Ray Turner

Walker

On the passage of the bill, the yeas were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following bill, having been taken up previously today and action postponed subject to printing, was continued upon its consideration.

SB 170. By Senators Marable of the 52nd, Garner of the 30th, Henson of the 55th and others:
A bill to amend Chapter 29 of Title 33 of the Official Code of Georgia Annotated, relating to individual accident and sickness insurance, and Article 1 of Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance.

Senator Marable of the 52nd restated his motion that the Senate agree to the House substitute as it appears earlier in the Journal of today.
On the motion a roll call was taken and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Boshears Broun of 46th BC_ rhoewekns of 26th Dean Farrow
Gillis
Harbison
Hemmer

Henson Hill Hooks Huggins MMaardadb,el.ne McGuire Middleton
Newbill
Oliver
Parrish

Perdue Pollard Ralston pav DRG obu-i_nso,,n,,
," Slotln
Starr
Thomas
Thompson

Those voting in the negative were Senators:

Alien Baugh B^tch BBouwrteonn
Clay Coleman

Crotts Day Edge EGglaannton
Gochenour Guhl

Isakson Kemp Langford of 29th Ra8an of 32nd.
Taylor Tysinger

Those not voting were Senators:

Langford of 35th Ragan of llth

Turner

Walker

374

JOURNAL OF THE SENATE

On the motion, the yeas were 32, nays 20; the motion prevailed, and the Senate agreed to the House substitute to SB 170.
The Calendar was resumed.

SB 461. By Senators Oliver of the 42nd, Hill of the 4th and Scott of the 36th:
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 open certain juvenile hear ings to the public; to provide that certain delinquency hearings may be closed to the public; to provide that certain files and records of juvenile proceedings shall be open to inspection.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
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 Guhl Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable

McGuire Middleton Newbill Oliver Parrish Perdue Pollard Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Taylor Thompson Tysinger

Those not voting were Senators:

Langford of 35th Ragan of llth

Thomas Turner

Walker

On the passage of the bill, the yeas were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has adopted the report of the Committee of Conference on the following bill of the House:

HB 1296. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Baker of the 70th, Bordeaux of the 151st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 19931994 known as the "General Appropriations Act", so as to change certain appro priations for the State Fiscal Year 1993-1994.

FRIDAY, FEBRUARY 4, 1994

375

The following bill was taken up to consider the conference committee report thereto:
HB 1296. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others: A bill to amend an Act providing appropriations for the State Fiscal Year 19931994 known as the "General Appropriations Act", so as to change certain appro priations for the State Fiscal Year 1993-1994.
Senator Hooks of the 14th moved that the Senate adopt the Conference Committee report on HB 1296.
Senator Hooks of the 14th asked unanimous consent that the motion to adopt the Con ference Committee report on HB 1296 be withdrawn; the consent was granted, and the mo tion was withdrawn.
Senator Ray of the 19th moved that the Senate do now adjourn until 10:00 A.M., Mon day, February 7; the motion prevailed, and the President announced the Senate adjourned at 12:05 P.M.

376

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Monday, February 7, 1994 Sixteenth Legislative Day

The Senate met pursuant to adjournment at 10:00 A.M. today and was called to order by the President.
Senator Muggins of the 53rd reported that the Journal of Friday, February 4, 1994 pro ceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1074. By Representatives Hughes of the 19th and Mills of the 21st:
A bill to amend an Act creating a new charter for the City of Gainesville, so as to provide for reasonable and nondiscriminatory utilities fees and charges for cus tomers outside the corporate limits.
HB 1577. By Representatives Royal of the 164th and Greene of the 158th:
A bill to amend an Act creating the State Court of Mitchell County, so as to change the provisions relating to the compensation of the Judge and Solicitor of said court.
HB 1580. By Representative Greene of the 158th:
A bill to amend an Act placing the sheriff of Calhoun County on an annual sal ary, so as to change the provisions relating to the compensation of the sheriff.
HB 1587. By Representative Smith of the 109th:
A bill to amend an Act creating the Board of Commissioners of Butts County, so as to change the compensation of the chairperson and each member of the board of commissioners.
HB 1592. By Representatives Thomas of the 100th and Simpson of the 101st:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing year and thereafter in Carroll County during designated registration pe riods as provided in Code Section 40-2-21 of the Official Code of Georgia Annotated.
HB 1598. By Representatives Skipper of the 137th and James of the 140th:
A bill to amend an Act entitled "An Act to create and establish the EllavilleSchley County Charter Commission," so as to change certain provisions relative to the referendum; to extend the time within which the charter commission is required to prepare, file, and complete the charter.

MONDAY, FEBRUARY 7, 1994

377

HB 1602. By Representatives Watson of the 139th, Floyd of the 138th, Walker of the 141st and Ray of the 128th:
A bill to amend an Act providing a new charter for the City of Warner Robins in Houston County, so as to change the provisions relating to the general powers of the mayor and council.
HB 1603. By Representatives Watson of the 139th, Floyd of the 138th, Walker of the 141st and Ray of the 128th:
A bill to amend an Act creating the Warner Robins Building Authority, so as to provide that the city clerk of the City of Warner Robins shall serve as secretary of the Authority.
HB 1607. By Representatives Skipper of the 137th and Hanner of the 159th:
A bill to amend an Act entitled "An Act providing for the election of the Sumter County Board of Education," so as to change the compensation of the members of said board of education.
HB 1604. By Representatives Milam of the 130th, Epps of the 131st and Smith of the 102nd:
A bill to provide a homestead exemption from Troup County School District ad valorem taxes for educational purposes in the amount of $10,000.00 of the as sessed value of that homestead for certain residents of that school district who have annual incomes not exceeding $22,000.00 and who are 65 years of age or over.
HB 1606. By Representatives Watson of the 139th, Walker of the 141st, Ray of the 128th and Floyd of the 138th:
A bill to provide a homestead exemption from all City of Centerville ad valorem taxes for any city purposes, including but not limited to taxes to retire bonded indebtedness, in the amount of the assessed value of the homestead for certain residents of the City of Centerville who are 70 years of age or over.
The House has passed, by substitute, by the requisite constitutional majority, the fol lowing bill of the Senate:
SB 20. By Senators Walker of the 22nd and Thomas of the 10th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to repeal Chapter 11 A, relating to dietitians and dietetic counselors; to provide for a new Chapter 11A to be entitled the "Dietet ics Practice Act"; to provide for a short title; to provide a purpose; to provide for definitions; to provide for the creation of a board of examiners.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 593. By Senators Hooks of the 14th, Robinson of the 16th, Walker of the 22nd and Ray of the 19th:
A bill to amend Code Section 50-27-13 of the Official Code of Georgia Annotated, relating to the disposition of lottery proceeds, so as to require lists of certain requests for appropriations from those proceeds.
Referred to Committee on Appropriations.

378

JOURNAL OF THE SENATE

SB 594. By Senators Hooks of the 14th, Robinson of the 16th, Ray of the 19th and Walker of the 22nd:
A bill to amend Code Section 50-27-13 of the Official Code of Georgia Annotated, relating to the disposition of lottery proceeds, so as to require monthly transfers of net proceeds of the lottery for credit to the Lottery for Education Account; to provide for monthly reports showing the proceeds thus transferred and certain disbursements of appropriations from lottery proceeds.
Referred to Committee on Appropriations.

SB 595. By Senators Hooks of the 14th, Robinson of the 16th, Walker of the 22nd and Ray of the 19th:
A bill to amend Code Section 50-27-13 of the Official Code of Georgia Annotated, relating to the disposition of lottery proceeds, so as to provide for additional in formation in the budget report regarding lottery proceeds and appropriations therefrom.
Referred to Committee on Appropriations.

SB 596. By Senators Hooks of the 14th, Robinson of the 16th, Ray of the 19th and Walker of the 22nd:
A bill to amend Article 1 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to the "Georgia Lottery for Ed ucation Act," so as to change the definition of a certain term; to provide that certain major procurement contracts shall be awarded to the lowest competitive bidder; to provide that certain other contracts need not be awarded to the lowest bidder.
Referred to Committee on Economic Development, Tourism and Cultural Affairs.

SR 485. By Senators Slotin of the 39th, Robinson of the 16th and Ray of the 19th:
A resolution creating the Joint Rhodes Memorial Hall Study Committee to clar ify the State's ownership and study and make recommendations to the General Assembly and the Governor as to the long-term utilization of certain stateowned, improved real property located within the City of Atlanta, Fulton County, Georgia, and known as Rhodes Memorial Hall; to provide for a purpose; to provide for membership of the committee.
Referred to Committee on Rules.

SR 486. By Senators Ragan of the llth, Hemmer of the 49th, Pollard of the 24th and others:
A resolution urging the Department of Agriculture to develop an ongoing plan of action to dispose of unusable chemicals.
Referred to Committee on Agriculture.

MONDAY, FEBRUARY 7, 1994

379

The following bills of the House were read the first time and referred to committee:
HB 1074. By Representatives Hughes of the 19th and Mills of the 21st: A bill to amend an Act creating a new charter for the City of Gainesville, so as to provide for reasonable and nondiscriminatory utilities fees and charges for cus tomers outside the corporate limits.
Referred to Committee on Urban and County Affairs.
HB 1577. By Representatives Royal of the 164th and Greene of the 158th: A bill to amend an Act creating the State Court of Mitchell County, so as to change the provisions relating to the compensation of the Judge and Solicitor of said court.
Referred to Committee on Urban and County Affairs.
HB 1580. By Representative Greene of the 158th: A bill to amend an Act placing the sheriff of Calhoun County on an annual sal ary, so as to change the provisions relating to the compensation of the sheriff.
Referred to Committee on Urban and County Affairs.
HB 1587. By Representative Smith of the 109th: A bill to amend an Act creating the Board of Commissioners of Butts County, so as to change the compensation of the chairperson and each member of the board of commissioners.
Referred to Committee on Urban and County Affairs.
HB 1592. By Representatives Thomas of the 100th and Simpson of the 101st: A bill to provide that vehicles shall be registered and licensed to operate for the ensuing year and thereafter in Carroll County during designated registration pe riods as provided in Code Section 40-2-21 of the Official Code of Georgia Annotated.
Referred to Committee on Urban and County Affairs.
HB 1598. By Representative Skipper of the 137th: A bill to amend an Act entitled "An Act to create and establish the EllavilleSchley County Charter Commission," so as to change certain provisions relative to the referendum; to extend the time within which the charter commission is required to prepare, file, and complete the charter.
Referred to Committee on Urban and County Affairs.
HB 1602. By Representatives Watson of the 139th, Floyd of the 138th, Walker of the 141st and Ray of the 128th: A bill to amend an Act providing a new charter for the City of Warner Robins in Houston County, so as to change the provisions relating to the general powers of the mayor and council.
Referred to Committee on Urban and County Affairs.
HB 1603. By Representatives Watson of the 139th, Floyd of the 138th, Walker of the 141st and Ray of the 128th: A bill to amend an Act creating the Warner Robins Building Authority, so as to provide that the city clerk of the City of Warner Robins shall serve as secretary of the Authority.
Referred to Committee on Urban and County Affairs.

380

JOURNAL OF THE SENATE

HB 1604. By Representatives Milam of the 130th, Epps of the 131st and Smith of the 102nd: A bill to provide a homestead exemption from Troup County School District ad valorem taxes for educational purposes in the amount of $10,000.00 of the as sessed value of that homestead for certain residents of that school district who have annual incomes not exceeding $22,000.00 and who are 65 years of age or over.
Referred to Committee on Urban and County Affairs.
HB 1606. By Representatives Watson of the 139th, Walker of the 141st, Ray of the 128th and Floyd of the 138th: A bill to provide a homestead exemption from all City of Centerville ad valorem taxes for any city purposes, including but not limited to taxes to retire bonded indebtedness, in the amount of the assessed value of the homestead for certain residents of the City of Centerville who are 70 years of age or over.
Referred to Committee on Urban and County Affairs.
HB 1607. By Representatives Skipper of the 137th and Banner of the 159th: A bill to amend an Act entitled "An Act providing for the election of the Sumter County Board of Education," so as to change the compensation of the members of said board of education.
Referred to Committee on Urban and County Affairs.
The following committee reports were read by the Secretary:
Mr. President:
The Committee on Education has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 395. Do pass by substitute. SB 515. Do pass by substitute.
Respectfully submitted, Senator Hill of the 4th District, Chairman
Mr. President:
The Committee on Finance and Public Utilities has had under consideration the follow ing resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SR 469. Do pass as amended. Respectfully submitted, Senator Starr of the 44th District, Chairman
Mr. President:
The Committee on Urban and County Affairs has had under consideration the following

MONDAY, FEBRUARY 7, 1994

381

bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 584. Do pass. SB 585. Do pass.
Respectfully submitted, Senator Thompson of the 33rd District, Chairman
The following bills and resolutions of the Senate and House were read the second time:

SB 394 SB 446 SB 506 SB 512 SB 527 SR 444

SR 462 SR 463 SR 467 SR 470 HB 1372 HR 662

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

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

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

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

Those not answering were Senators:

Abernathy Alien

Langford of 35th Marable

Robinson

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
The President introduced Melanie Thompson, former Miss Georgia, who sang the hymn, "Amazing Grace".
Senator Oliver of the 42nd introduced the chaplain of the day, Reverend Martha Stern, pastor of All Saints Episcopal Church, Atlanta, Georgia, who offered scripture reading and prayer.
Senators Turner of the 8th and Ragan of the llth introduced the Thomas County Cen tral High School football team, Head Coach and School Superintendent, commended by SR 398, adopted previously.

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JOURNAL OF THE SENATE

The following resolutions were read and adopted:
SR 487. By Senator Edge of the 28th:
A resolution recognizing Mrs. Nancy Whittenburger, choral director for the East Coweta High School Chorus.
SR 488. By Senator Edge of the 28th:
A resolution recognizing the East Coweta High School Chorus.
Senator Thompson of the 33rd moved that the following bill of the House be withdrawn from the Senate Committee on Transportation and committed to the Senate Committee on Urban and County Affairs:
HB 1451. By Representatives Martin of the 47th, Lane of the 55th, Buck of the 135th and others:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Au thority Act of 1965," so as to provide that the interest income from certain re serve funds may be used to pay operating costs until June 30, 1997.
On the motion, the yeas were 36, nays 0; the motion prevailed, and HB 1451 was with drawn from the Senate Committee on Transportation and committed to the Senate Com mittee on Urban and County Affairs.
Senator Thompson of the 33rd moved that the following bill of the House be withdrawn from the Senate Committee on Transportation and committed to the Senate Committee on Urban and County Affairs:
HB 1452. By Representatives Martin of the 47th, Lane of the 55th, Buck of the 135th and others:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Au thority Act of 1965," so as to provide that members of the Authority board of directors serve for their respective terms of office and until their respective suc cessors are appointed and qualified.
On the motion, the yeas were 37, nays 0; the motion prevailed, and HB 1452 was with drawn from the Senate Committee on Transportation and committed to the Senate Com mittee on Urban and County Affairs.
Senator Thompson of the 33rd moved that the following resolution of the Senate be withdrawn from the Senate Committee on Rules and committed to the Senate Committee on Youth, Aging and Human Ecology:
SR 409. By Senators Thompson of the 33rd, Oliver of the 42nd, Madden of the 47th and others:
A resolution creating the Georgia Commission to Study Family Courts.
On the motion, the yeas were 37, nays 0; the motion prevailed, and SR 409 was with drawn from the Senate Committee on Rules and committed to the Senate Committee on Youth, Aging and Human Ecology.
Senator Thomas of the 10th introduced the doctor of the day, Dr. Rogsbert Phillips, of Decatur, Georgia.

MONDAY, FEBRUARY 7, 1994

383

The following local, uncontested bills of the Senate, favorably reported by the commit tee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Monday, February 7, 1994
SIXTEENTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

SB 584 Isakson, 21st Ragan, 32nd Thompson, 33rd Clay, 37th Abernathy, 38th COBB COUNTY

Amends an Act entitled the "Cobb County Community Improvement Dis tricts Act," so as to change certain dates with respect to the levying of ad valorem taxes and notifying of collecting governing bodies; to repeal conflict ing laws; and for other purposes.

SB 585 Burton, 5th Balfour, 9th Tysinger, 41st Day, 48th Newbill, 56th GWINNETT COUNTY

Amends an Act creating the Recorder's Court of Gwinnett County, so as to change the provisions relating to jurisdiction of the court; to provide for the judge's salary; to change the provisions relating to punishment; to repeal con flicting laws; and for other purposes.

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

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch Boshears
rBrBDB>TrruooWrwut.oenn"noofrff 4^o26^6xtthuuh Cheeks
Coleman Crotts Day Edge Egan Farrow

Gillis Glanton Gochenour Guhl Harbison Hemmer
HH,,H...oei,ln,ol.skosn
Huggms Isakson Kem P Langford of 29th Madden Marable McGuire Middleton

Newbill Oliver Parrish Pollard Ragan of llth Ragan of 32nd
RDKRD oaaylfbs.itnosnon
Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger

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JOURNAL OF THE SENATE

Those not voting were Senators:

Dean Langford of 35th

Perdue

Walker

On the passage of all the local bills, the yeas were 52, nays 0.

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

The following bill was taken up to consider the Conference Committee report thereto:

HB 1296. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 19931994 known as the "General Appropriations Act", so as to change certain appro priations for the State Fiscal Year 1993-1994.
The Conference Committee report was as follows:
The Committee of Conference on HB 1296 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1296 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ George Hooks Senator, 14th District
/s/ Charles W. Walker Senator, 22nd District
Is/ Pete Robinson Senator, 16th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Terry L. Coleman Representative, 142nd District
/s/ Larry Walker Representative, 141st District
/s/ Thomas B. Buck, III Representative, 135th District

Conference Committee substitute to HB 1296:
A BILL
To be entitled an Act to amend an Act providing appropriations for the State Fiscal Year 1993-1994 known as the "General Appropriations Act", approved April 28, 1993 (Ga. L. 1993, p. 1819), so as to change certain appropriations for the State Fiscal Year 1993-1994; to make language and other changes; to reallocate certain funds; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing appropriations for the State Fiscal Year 1993-1994, as amended, known as the "General Appropriations Act" approved April 28, 1993 (Ga. L. 1993, p. 1819), is further amended by striking everything following the enacting clause through Section 85, and by substituting in lieu thereof the following:
"That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1993, and ending June 30, 1994, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and General Funds of the State, in cluding surplus, reserves and a revenue estimate of $8,712,500,000 (excluding indigent trust fund receipts and lottery receipts) for State Fiscal Year 1994.

MONDAY, FEBRUARY 7, 1994

385

PART I. LEGISLATIVE BRANCH

Section 1. General Assembly.

Budget Unit: General Assembly .........

Personal Services - Staff

...

Personal Services - Elected Officials....

Regular Operating Expenses........

Travel - Staff......................

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

Capital Outlay ................................

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

Computer Charges ............................

Real Estate Rentals ...........................

Telecommunications ...........................

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

Per Diem, Fees and Contracts - Elected Officials

Photography ..................................

Expense Reimbursement Account...............

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

State Funds Budgeted .........................

$22,775,363 $11,552,461 . $3,634,128 $2,600,854 ... $74,500 ..... $7,000 ..... $--0-- .... $147,000
$586,000 ...... $5,000
. $654,000 . . . . $128,552 . $2,162,568
... $90,500 $1,132,800 . $22,775,363 . $22,775,363

Senate Functional Budgets Total Funds

State Funds

Senate and Research Office

$ 3,593,591 $ 3,593,591

Lt. Governor's Office

$

693,268 $

693,268

Secretary of the Senate's Office

$

1,194,849 $

1,194,849

Total

$ 5,481,708 $ 5,481,708

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

489,009 $

489,009

Clerk of the House's Office

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

$ 2,249,357 $ 2,249,357

Legislative Budget Office

$

973,058 $

973,058

Ancillary Activities

$ 1,282,411 $ 1,282,411

Total

$ 6,798,246 $ 6,798,246

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

386

JOURNAL OF THE SENATE

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 ................................ $15,778,386 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 ................................................. $475,000 Telecommunications ................................................ $114,000 Total Funds Budgeted ........................................... $15,778,386 State Funds Budgeted ........................................... $15,778,386
PART II.
JUDICIAL BRANCH
Section 3. Supreme Court. Budget Unit: Supreme Court........................................ $5,201,909 Personal Services................................................. $4,327,809 Operating Expenses .............................................. $1,559,100 Total Funds Budgeted ............................................ $5,886,909 State Funds Budgeted ............................................ $5,201,909
Section 4. Court of Appeals. Budget Unit: Court of Appeals ...................................... $5,819,886 Personal Services................................................. $5,148,259 Operating Expenses ................................................ $721,627 Total Funds Budgeted ............................................ $5,869,886 State Funds Budgeted ............................................ $5,819,886

MONDAY, FEBRUARY 7, 1994

387

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 ............................... Utilities ...................................................... Payments to DOAS Fiscal Administration ....................... Direct Payments to Georgia Building Authority for Capital Outlay Direct Payments to Georgia Building Authority for Operations . Telephone Billings ............................................

$47,558,332 $46,143,026 $1,840,926 . . . $157,415 . $126,609 $1,164,572 $49,432,548 $47,558,332
. . . $911,803
. . $647,450 $650,750
. $137,700 $788,450 $647,450
$2,389,352 $1,269,363 . . $76,500
$41,689 . $26,000 . $20,000
$12,000 $33,800 $250,000 $660,000 $2,389,352 $2,389,352
$146,228
$1,000,000
$34,799,338 $47,992,713 $11,608,912 . $267,300
$270,400 . $6,396,373 $11,515,801
$3,002,947 . $4,834,583
$547,708 $11,289,500 . . . . $41,000 $2,750,000
$500,000 $207,000 $45,921,502

388

JOURNAL OF THE SENATE

Radio Billings ................................................ .... $630,020

Materials for Resale ........................................... . $16,500,000

Public Safety Officers Indemnity Fund .......................... ... $150,000

Health Planning Review Board Operations ......................

$35,000

Total Funds Budgeted ......................................... $164,460,759

State Funds Budgeted ......................................... $34,799,338

Department of Administrative Services Functional Budgets Total Funds

Executive Administration

1,816,621

Departmental Administration

2,704,234

Statewide Systems

10,968,692

State Funds 550,758
2,603,645 8,218,692

Space Management Procurement Administration General Services Central Supply Services Data Processing Services

477,122 2,840,463
469,465 17,012,698 53,818,524

477,122 2,840,463
--0--
12,885,843

Motor Vehicle Services Communication Services Printing Services Surplus Property

3,701,054 58,455,579 5,156,728 1,810,618

5,850,000

Mail and Courier Services Risk Management State Properties Commission Distance Learning and Telemedicine Office of the Treasury Total

1,167,099 2,418,406
451,548 420,641 771,267 164,460,759

150,000 451,548
--0--
771,267 34,799,338

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 ....................................

... $--0--
$19,732,149 . $5,483,084 . . . . $19,700
$434,500 . . . $221,410
. $108,600 $17,500
. $158,886 $265,000 . $--0--
$8,790,000 . . $356,800 . $--0-- $35,587,629 . . . . $--0--

Georgia Building Authority Functional Budgets Total Funds

State Funds

Grounds Custodial Maintenance Security

$ 1,397,971 $ 5,756,661 $ 4,318,271 $ 5,744,853

MONDAY, FEBRUARY 7, 1994

389

Van Pool Sales Administration Railroad Excursions Facility Renovations Total

$

383,665 $

$ 4,212,947 $

$ 11,997,112 $

$ 1,776,149 $

a>

__A__

fl>

$ 35,587,629 $

--0--

Section 12. Agency for the Removal of Hazardous Materials.

Budget Unit: Agency for the Removal of Hazardous Materials

Personal Services........................................

Regular Operating Expenses

...

Travel .................................................

Motor Vehicle Purchases.................................

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

Computer Charges ......................................

Real Estate Rentals .....................................

Telecommunications .....................................

Per Diem, Fees and Contracts ............................

Capital Outlay ..........................................

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

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

State Funds Budgeted ...................................

$105,478 . $86,278 $10,800
$8,000 $-0. . $--0-- . . $--0-- . . $--0--
.... $400 $--0--
. . $--0-- $--0--
. $105,478 . $105,478

Section 13. Department of Agriculture.

A. Budget Unit: Department of Agriculture ..................

$33,934,417

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 $599,546

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 ........................................... $45,446,176

State Funds Budgeted ........................................... $33,934,417

Department of Agriculture Functional Budgets Total Funds

State Funds

Plant Industry Animal Industry

5,304,280 $ 6,934,275 $

4,998,280 6,678,275

Marketing

1,711,995 $ 1,659,995

390

JOURNAL OF THE SENATE

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

3,224,431 3,442,900 2,038,416 2,954,042 7,872,585 3,932,620 5,014,258
659,578 2,356,796 45,446,176

B. Budget Unit: Georgia Agrirama Development Authority Personal Services.................................... Regular Operating Expenses.......................... Travel ............................................. Motor Vehicle Purchases............................. Equipment ......................................... Computer Charges .................................. Real Estate Rentals ................................. Telecommunications ................................. Per Diem, Fees and Contracts ........................ Capital Outlay ................................... Goods for Resale .................................... Total Funds Budgeted ............................... State Funds Budgeted ...............................

Section 14. Department of Banking and Finance. Budget Unit: Department of Banking and Finance ...... 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 ...............................

Section 15. Department of Children and Youth Services. Budget Unit: Department of Children and Youth Services Personal Services.................................... Regular Operating Expenses.......................... Travel ............................................. Motor Vehicle Purchases............................. Equipment ......................................... Computer Charges .................................. Real Estate Rentals ................................. Telecommunications ................................. Per Diem, Fees and Contracts ........................ Utilities ............................................ Institutional Repairs and Maintenance ................ Grants to County-Owned Detention Centers ........... Service Benefits for Children .........................

3,099,431
3,053,400
2,038,416
2,820,642
4,973,042
1,337,482
1,392,658
1,882,796
33,934,417
. . . $--0-- . . $762,957
$180,568 .... $8,764
$23,000 . . $23,324 .... $4,779 . $--0-- . . . . $7,116 .... $7,572 . . . $97,000 . . $107,800 $1,222,880 . $--0--
$8,301,513 $6,658,535 . . $355,049 . . . $331,059
$150,623 .... $84,727 . . $350,664 . . $287,100 .... $76,256 .... $7,500
$8,301,513 $8,301,513
$84,594,207 $58,928,593 $4,276,500 . $724,800 . . $271,480 . $312,695
$486,431 $1,313,800
$673,600 $2,137,800 $1,979,900 $1,161,600 $2,686,400 $10,857,508

MONDAY, FEBRUARY 7, 1994

Purchase of Service Contracts .......... Capital Outlay ........................ Total Funds Budgeted .................
State Funds Budgeted .....

Children and Youth Services Functional Budgets Total Funds

Regional Youth Development Centers

$ 21,370,769

Milledgeville State YDC

$ 9,159,988

Augusta State YDC

$ 7,846,318

Atlanta State YDC

$ 4,453,998

Macon State YDC

$ 4,708,877

Court Services

$ 14,490,688

Community Treatment Centers

$ 3,054,827

Day Centers

$

923,200

Group Homes

$

835,331

Purchased Services

$ 12,198,518

Runaway Investigation/Interstate Compact

$

913,656

Assessment and Classification

$

447,415

Youth Services Administration

$ 5,894,922

Multi-Service Centers

$

120,000

Total

$ 86,418,507

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 Local Government Efficiency Grant Program........... State Commission on National and Community Service Total Funds Budgeted............................... State Funds Budgeted ...............................

391
. . . . $242,400 . . $365,000
$86,418,507 $84,594,207
State Funds
20,641,369
8,790,288
7,508,018
4,292,198
4,483,777
14,490,688
3,054,827
923,200
835,331
12,198,518
913,656
447,415
5,894,922
120,000
84,594,207
$21,318,011 . . $5,488,328
$230,905 $160,820
$--0-- $2,000 . . . $152,730 . . $549,167 $45,883 $247,034 ... $--0-- . . $2,272,825 $2,155,000 . $94,731 $30,000,000 . $250,000 ... $157,323 $50,000 . $750,000 $4,625,000 . $3,000,000 $1,690,861 $1,000,000 . $750,000 $224,000 $53,896,607 $21,318,011

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JOURNAL OF THE SENATE

Department of Community Affairs Functional Budgets Total Funds

Office of Commissioner

17,970,597

Government Management

1,477,013

Financial Assistance

32,059,570

Coordinated Planning

2,389,427

Total

53,896,607

State Funds 16,561,297 1,477,013 1,050,812 2,228,889 21,318,011

Section 17. Department of Corrections.

A. Budget Unit: Administration, Institutions and Probation ...

$564,573,860

Personal Services. .............................................. $391,768,006

Regular Operating Expenses...................................... $53,527,240

Travel .......................................................... $1,952,550

Motor Vehicle Purchases.......................................... $3,272,082

Equipment ...................................................... $3,785,068

Computer Charges ............................................... $6,269,451

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...................................................... $1,375,000

County Subsidy ................................................. $13,755,000

County Subsidy for Jails .......................................... $4,217,200

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 ............................................. $1,340,000

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 .......................................... $568,990,155

Indirect DOAS Funding ............................................ $450,000

Georgia Correctional Industries ....................................... $--0--

State Funds Budgeted .......................................... $564,573,860

Administration Institutions and Support Probation Total

Departmental Functional Budgets Total Funds
$ 66,608,252 $ 404,088,727 $ 98,293,176 $ 568,990,155

State Funds $ 66,105,642 $ 402,966,727 $ 95,501,491 $ 564,573,860

B. Budget Unit: Board of Pardons and Paroles Personal Services........................ Regular Operating Expenses.............. Travel ................................. Motor Vehicle Purchases............... Equipment ............................. Computer Charges ...................... Real Estate Rentals ..................... Telecommunications ..................... Per Diem, Fees and Contracts ............

$37,037,111 $30,073,895 $1,169,584
. . $691,100 . . $168,000 . . $164,860 . $470,772
$2,535,900 $813,500
. . . $272,500

MONDAY, FEBRUARY 7, 1994

393

County Jail Subsidy ................................................ $650,000 Health Services Purchases ........................................... $27,000 Total Funds Budgeted ........................................... $37,037,111 State Funds Budgeted ........................................... $37,037,111

Section 18. Department of Defense. Budget Unit: Department of Defense ................................ $4,111,508 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 Real Estate Rentals .................................................. $4,740 Telecommunications ................................................. $54,108 Per Diem, Fees and Contracts ....................................... $565,900 Capital Outlay ..................................................... $519,000 Total Funds Budgeted ........................................... $12,394,232 State Funds Budgeted ............................................ $4,111,508

Department of Defense Functional Budgets Total Funds

State Funds

Office of the Adjutant General

$ 1,575,411 $ 1,406,863

Georgia Air National Guard

$ 4,476,647 $

506,931

Georgia Army National Guard

$ 6,342,174 $ 2,197,714

Total

$ 12,394,232 $ 4,111,508

Section 19. State Board of Education - Department of Education. A. Budget Unit: Department of Education ......................... $3,238,957,881
Operations: Personal Services................................................ $37,141,025 Regular Operating Expenses....................................... $4,213,220 Travel .......................................................... $1,119,167 Motor Vehicle Purchases............................................ $117,900 Equipment ........................................................ $451,323 Computer Charges ............................................... $7,436,402 Real Estate Rentals .............................................. $1,474,729 Telecommunications .............................................. $1,203,382 Per Diem, Fees and Contracts .................................... $14,161,325 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 ........................................... $128,798,307 Local Fair Share .............................................. $(614,199,984) Mid-Term Adjustment Reserve ................................... $78,705,327

394

JOURNAL OF THE SENATE

Teacher Salary Schedule Adjustment. ............................. $20,576,794

Other Categorical Grants:

Equalization Formula

...

$143,033,474

Sparsity Grants .................................................. $3,609,604

In School Suspension ............................................ $21,059,624

Special Instructional Assistance................................... $51,005,135

Middle School Incentive ......................................... $56,677,209

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 ................................ $2,047,671

Severely Emotionally Disturbed .................................. $36,338,108

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 ............................... $6,996,178

Georgia Learning Resources System ................................ $2,766,212

High School Program ............................................ $17,741,249

Special Education in State Institutions ............................. $3,991,103

Governor's Scholarships........................................... $2,702,000

Job Training Partnership Act ........................................ $--0--

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 ................................ $14,112,300

Mentor Teachers ................................................. $1,000,000

Nutrition Education ................................................. $65,000

Advanced Placement Exams....................................... $1,012,000

Tuition/Postsecondary Options ....................................... $--0--

Family Connection Grants ........................................ $1,325,000

Youth Apprenticeship Grants ....................................... $280,272

Total Funds Budgeted ......................................... $3,697,710,957

Indirect DOAS Services Funding .................................... $340,000

State Funds Budgeted ......................................... $3,238,957,881

MONDAY, FEBRUARY 7, 1994

395

Education Functional Budgets Total Funds

State Administration

$ 4,075,184

Instructional Services

$ 20,546,899

Governor's Honors Program

$ 1,161,942

Administrative Services

$ 19,222,638

Special Services

$ 6,485,228

Professional Practices Commission

$

848,847

Local Programs

3,629,599,604

Georgia Academy for the Blind

4,668,237

Georgia School for the Deaf

6,413,189

Atlanta Area School for the Deaf

4,689,189

Total

3,697,710,957

State Funds 3,782,008 15,545,976 1,050,740 14,718,904 3,068,292 848,847
3,185,036,304 4,479,236 6,221,902 4,205,672
3,238,957,881

B. Budget Unit: Lottery for Education ............................. $157,986,898

Pre-Kindergarten for 4-year-olds.................................. $37,100,000

Computer Hardware/Software in Classrooms ....................... $32,087,500

Next Generation Schools .......................................... $1,000,000

Distant Learning - Hardware and Cabling

$14,104,078

Postsecondary Options............................................ $1,585,221

Educational Technology Centers ................................... $1,236,400

Safe Schools Grant.............................................. $20,000,000

Media Center and Library Equipment ............................ $38,307,500

Model Technology Schools ........................................ $9,864,199

Learning Logic Sites................................................ $924,000

Algebra Classrooms................................................. $753,000

Drug and Anti-Violence Education ................................. $1,025,000

Total Funds Budgeted .......................................... $157,986,898

Lottery Funds Budgeted ........................................ $157,986,898

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................................................ $27,981,977

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

396

JOURNAL OF THE SENATE

Ware County Grant ...................................... Ware County Grant for Southern Forest World ............. Ware County Grant for Road Maintenance ................. Capital Outlay ........................................... Total Funds Budgeted .................................... State Funds Budgeted ....................................

Forestry Commission Functional Budgets Total Funds

Reforestation

1,751,234

Field Services

32,475,986

General Administration and Support

4,077,443

Total

38,304,663

Section 22. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation Personal Services ........................ Regular Operating Expenses Travel .................................. Motor Vehicle Purchases.................. Equipment ............................... Computer Charges ....................... Real Estate Rentals ...................... Telecommunications ...................... Per Diem, Fees and Contracts ............. Evidence Purchased ...................... Capital Outlay ........................... Total Funds Budgeted.................... Total State Funds Budgeted ..............

Georgia Bureau of Investigation Functional Budgets Total Funds

Administration

3,226,242

Drug Enforcement

8,752,029

Investigative

11,056,816

Georgia Crime Information Center

6,597,331

Forensic Sciences

7,820,570

Total

37,452,988

Section 23. Office of the Governor. Budget Unit: Office of the Governor Personal Services................ Regular Operating Expenses Travel ......................... Motor Vehicle Purchases......... Equipment ..................... Computer Charges .......... Real Estate Rentals ............. Telecommunications ............. Per Diem, Fees and Contracts Cost of Operations .............. Mansion Allowance .............. Governor's Emergency Fund .... Intern Stipends and Travel ...... Art Grants of State Funds ....... Art Grants of Non-State Funds. . .

.... $--0-- $30,000
. . $60,000 $200,000
. $38,304,663 $33,596,709
State Funds
12,157
29,675,264
3,909,288
33,596,709
$37,452,988 $28,334,052 $2,356,685
$476,600 $556,160 $546,870 $1,447,900 $1,868,817 . . . $736,060 $653,844 $476,000 .... $--0-- $37,452,988 $37,452,988
State Funds
3,226,242
8,752,029
11,056,816
6,597,331
7,820,570
37,452,988
$28,564,511 $13,528,027 . . . . $887,342 . . $281,946
$15,000 . . . $119,531
$637,225 . $1,017,399
. $308,294 . $26,373,753 . $3,061,629
$40,000 . $6,344,000 . $160,000 . . $2,807,357
$511,515

MONDAY, FEBRUARY 7, 1994

Humanities Grant - State Funds. ......... Art Acquisitions - State Funds ........... Children and Youth Grants .............. Juvenile Justice Grants .................. Georgia Crime Victims Assistance Program Grants to Local Systems ................. Grants - Local EMA .................... Grants - Other.......................... Grants - Civil Air Patrol................. Total Funds Budgeted ................... State Funds Budgeted ...................

Office of the Governor Functional Budgets Total Funds

Governor's Office

9,605,629

Office of Fair Employment Practices

876,391

Office of Planning and Budget

5,790,800

Council for the Arts

4,090,036

Office of Consumer Affairs

2,259,010

State Energy Office

24,824,776

Vocational Education Advisory Council

362,389

Office of Consumers' Utility Council

529,821

Criminal Justice Coordinating Council

1,567,702

Children and Youth Coordinating Council

1,755,140

Human Relations Commission

267,131

Professional Standards Commission

3,410,260

Georgia Emergency Management Agency

3,691,108

Office of State Olympic Coordination

262,425

Total

$ 59,292,618

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 .......................

397
. . . . . $42,800 . . . . . $--0-- . . $290,975
$1,144,625 . . . . $100,000
$517,000 . . $1,044,200 ..... $--0-- ... $60,000
$59,292,618 $28,564,511
State Funds
9,605,629
770,760
5,790,800
3,242,767
2,259,010
304,327
94,963
529,821
485,008
499,318
267,131
3,410,260
1,042,292
262,425
28,564,511
$606,569,210
$52,136,377 . $1,917,673 . . $1,280,117 . . $1,279,129 ... $159,332 . . $4,666,670 .... $757,614
$1,049,574 ... $650,171 ... $244,000 . $29,079,065 . $30,989,953
$62,500 . $942,145 $13,054,342 $138,268,662 . . $412,600 $83,248,154

398

JOURNAL OF THE SENATE

General Administration and Support Functional Budgets Total Funds

Commissioner's Office

893,953

Budget Administration

2,005,103

Office of Children and Youth

29,079,065

Administrative Support Services

23,584,389

Facilities Management

5,290,692

Administrative Appeals

1,907,282

Regulatory Services - Program Direction and Support

622,716

Child Care Licensing

2,690,000

Health Care Facilities Regulation

8,451,757

Fraud and Abuse

5,873,156

Financial Services

5,304,949

Auditing Services

1,727,862

Personnel Administration

1,669,404

Indirect Cost

--0--

Public Affairs

452,189

Aging Services

47,188,328

State Health Planning Agency

1,527,817

Total

138,268,662

State Funds 893,953
2,005,103 23,163,642 22,289,442 4,271,227
1,907,282
612,716 2,690,000 2,102,133
799,017 5,104,949 1,727,862 1,669,404 (9,298,913)
452,189 21,410,331
1,447,817 83,248,154

2. Public Health Budget:

Personal Services................................................ $50,462,846

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 ..................................... $4,981,387

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 .................................... $11,346,416

Grant-In-Aid to Counties

$87,099,623

Institutional Repairs and Maintenance ................................ $32,100

Postage ........................................................... $138,672

Grants for Regional Maternal and Infant Care ........................ $747,761

Total Funds Budgeted .......................................... $244,480,194

Indirect DOAS Services Funding .................................... $549,718

State Funds Budgeted .......................................... $128,625,602

MONDAY, FEBRUARY 7, 1994

399

Public Health Functional Budgets Total Funds

District Health Administration

$ 11,184,858

Newborn Follow-Up Care

$ 1,146,969

Dental Health

$ 1,387,074

Stroke and Heart Attack Prevention

$ 1,973,316

Sickle Cell, Vision and Hearing

$ 3,889,733

High-Risk Pregnant Women and Infants

$ 5,375,597

Sexually Transmitted Diseases

$ 2,712,000

Family Planning

$ 7,631,237

Malnutrition

$ 74,084,950

Grant in Aid to Counties

$ 50,928,839

Children's Medical Services

$ 12,906,997

Emergency Health

$ 2,897,420

Primary Health Care

$ 1,769,046

Epidemiology

$

604,096

Immunization

$

886,222

Community Tuberculosis Control

$ 5,532,904

Maternal and Child Health Management

$

998,123

Infant and Child Health

$ 1,340,674

Maternal Health - Perinatal

$ 1,893,655

Chronic Disease

$ 1,040,461

Diabetes

$

496,464

Cancer Control

$ 4,219,458

Director's Office

$

826,235

Employees' Health

$

288,392

Health Program Management

$

1,582,437

Vital Records

$

1,778,517

Health Services Research

$ 1,010,769

Environmental Health

$

934,028

Laboratory Services

$ 5,148,151

Community Care

$ 3,479,533

Community Health Management

$

544,767

Aids

$ 7,522,571

Vaccines

$ 11,237,625

Drug and Clinic Supplies

$ 3,066,690

Adolescent Health

$ 2,916,824

Public Health - Planning Councils

$

172,566

Early Intervention

$ 9,070,996

Public Health - Division Indirect Cost

$

-- 0--

Total

$ 244,480,194

3. Rehabilitation Services Budget: Personal Services .................... Regular Operating Expenses Travel ............................. Motor Vehicle Purchases ............. Eouioment .........................

State Funds

$ 11,055,183

$

901,440

$ 1,176,899

$ 1,443,316

$ 3,493,431

$ 5,263,597

$

308,272

$ 4,447,839

$

-- 0--

$ 50,098,839

$ 7,424,722

$ 1,840,872

$ 1,409,035

$

441,796

$

-- 0--

$ 5,001,208

$

674,510

$

484,680

$

774,438

$ 1,040,461

$

496,464

$ 4,219,458

$

629,010

$

288,392

$ 1,448,836

$ 1,561,221

$

787,951

$

757,935

$ 5,028,151

$ 1,293,370

$

365,318

$ 3,507,852

$

498,834

$ 2,367,088

$ 1,862,724

$

155,251

$ 6,980,047

$ (902,838)

$ 128,625,602

$66,313,300 $11,161,446
$832,419 .......... $58,090 ......... $536,650

400

JOURNAL OF THE SENATE

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 ............................

Total Funds Budgeted ................................... Indirect DOAS Services Funding ......................... State Funds Budgeted ...................................

Rehabilitation Services Functional Budgets Total Funds

District Field Services

$ 42,526,278

Independent Living

$

654,036

Sheltered Employment

$

1,665,376

Community Facilities State Rehabilitation Facilities

$

7,928,747

$ 7,139,556

Diversified Industries of Georgia

$ 1,032,121

Program Direction and Support

$ 3,216,353

Grants Management Disability Adjudication

$

684,795

$ 31,224,471

Georgia Factory for the Blind

$ 12,009,161

Roosevelt Warm Springs Institute Total

$ 20,899,013 128,979,907

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

$

392,892

Social Services

$ 3,824,334

$3,941,330 $7,667,222 $1,776,686 . . . $1,474,049 . $23,864,781 ... $27,000 ..... $675,500 . ... $8,785,767 ... $204,550
$903,615 $757,502 $128,979,907 ...... $100,000 $21,546,200
State Funds
9,012,555
435,751
801,402
3,076,651
1,379,086 --0--
1,069,706
684,795 --0--
797,378
4,288,876
21,546,200
$39,999,257 $3,486,022
$693,773 ..... $--0--
$401,834 $2,335,235 $12,776,471 $24,716,192 $4,104,182 . $1,049,584 $460,860,944 $3,911,738 $150,820,803 $17,138,657 $3,387,972 $246,433,964 $972,116,628 $2,565,582 . . $373,149,254
State Funds
392,892
3,446,150

MONDAY, FEBRUARY 7, 1994

401

Administrative Support
Quality Assurance
Community Services
Field Management
Human Resources Management
Public Assistance
Child Support Recovery
AFDC Payments
SSI - Supplemental Benefits
Refugee Programs
Energy Benefits
County DFACS Operations - Eligibility
County DFACS Operations - Social Services
Food Stamp Issuance
County DFACS Operations - Homemakers Services
County DFACS Operations - Joint and Administration
County DFACS Operations - Employability Program
Employability Benefits
Legal Services
Family Foster Care
Institutional Foster Care
Specialized Foster Care
Adoption Supplement
Prevention of Foster Care
Day Care
Outreach - Contracts
Special Projects
Children's Trust Fund Commission
Indirect Cost
Total
Budget Unit Object Classes: Personal Services.................. Regular Operating Expenses Travel ........................... Motor Vehicle Purchases........... Equipment ....................... Real Estate Rentals Per Diem, Fees and Contracts ...... Computer Charges ... Telecommunications ............... Crippled Children's Benefits........ Kidney Disease Benefits ........... Cancer Control Benefits ...........

5,678,165 3,598,230 11,652,203 1,190,322 1,894,341 27,380,743 44,182,442 445,948,884
100 2,799,421 12,966,539 100,011,024 74,524,400 2,907,954
7,438,487
$ 55,416,672

$

4,488,492

$

3,598,230

$

976,682

$

1,190,322

$

1,721,525

$ 11,881,702

$

1,546,509

$ 167,810,220

$

100

$

$

$ 49,857,397

$ 27,786,671

$

$ 2,007,560

$ 26,222,368

9,043,381 20,975,278 2,884,770 31,797,658 6,039,122 2,261,063 6,903,437 6,468,139 81,274,983
144,817 1,301,316 1,215,511
--0--
972,116,628

$ 3,393,534

$ 8,519,151

$ 2,262,574

$ 20,727,528

$ 4,648,054

$ 2,117,072

$ 5,373,591

$ 4,232,335

$ 23,669,455

$

144,817

$ 1,277,407

$ 1,215,511

$ (7,358,595)

$ 373,149,254

. $208,911,780 $88,306,635 $3,746,526 $1,351,919
....... $1,217,780 $12,028,290 $26,182,694 $28,216,349 $6,957,312 $7,933,321
......... $308,000 ....... $3,200,000

402

JOURNAL OF THE SENATE

Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants .............................................
Family Planning Benefits .................................... Case Services ............................................... E.S.R.P. Case Services ....................................... Crippled Children's Clinics ................................... Children's Trust Fund ....................................... Cash Benefits ............................................... Special Purpose Contracts ................................... Service Benefits for Children ................................. Purchase of Service Contracts ................................ Grant-In-Aid to Counties ....................................
Institutional Repairs and Maintenance Utilities .................................................... Postage .................................................... Payments to DMA-Community Care .......................... Grants for Regional Maternal and Infant Care ................. Grants to County DFACS - Operations........................ 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 .................................................... 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 .......................................

. . $960,000 . $646,222 . $23,864,781
. $27,000 .... $656,000
$1,049,584 $460,860,944 . . $5,494,847 $179,899,868 $68,260,793
$87,099,623 . . . . $299,150 . $903,615
$5,226,291 $13,054,342 .... $747,761 $246,433,964
$428,525,529 $349,016,687 . $37,721,253 .... $307,883 ... $472,300 . $1,792,761
$4,542,036 $252,637
$2,370,833 . $8,765,793
$11,745,300 . $1,775,000
$46,958,397 $88,101,028 . $26,150,059 $57,683,410 ' $294,118 $637,949,495 $2,404,100 $428,525,529

Community Mental Health/Mental Retardation and Institutional Functional Budgets

Total Funds

State Funds

Southwestern State Hospital

45,112,421

24,898,518

Brook Run

31,870,738

13,659,638

Georgia Mental Health Institute

33,177,775

26,175,994

Georgia Regional Hospital at Augusta

25,115,953

20,565,950

Northwest Regional Hospital at Rome

29,120,564

20,461,660

Georgia Regional Hospital at Atlanta

31,250,865

23,518,502

Central State Hospital

140,264,629

84,647,931

Georgia Regional Hospital at Savannah

25,704,298

19,354,776

Gracewood State School and Hospital

48,563,451

23,995,951

West Central Georgia Regional Hospital

23,948,581

19,093,912

Outdoor Therapeutic Program

3,558,236

2,677,959

MONDAY, FEBRUARY 7, 1994

403

Mental Health Community Assistance Mental Retardation Community Assistance Day Care Centers for Mentally Retarded Supportive Living Georgia State Foster Grandparents/Senior
Companion Program Project Rescue Drug Abuse Contracts Community Mental Health Center Services Project ARC Metro Drug Abuse Centers Group Homes for Autistic Children Project Friendship Community Mental Retardation Staff Community Mental Retardation Residential
Services Contract with Clayton County Board of
Education for Autistic Children MH/MR/SA Administration Total

:$ 10,485,040 $ 3,944,924 $ 69,180,134 $ 25,804,047

$

744,911

$

525,474

$ 1,116,768

$ 57,683,410

$

382,273

$ 1,537,971

$

285,960

$

346,012

$ 4,180,909

$ 13,165,878

$

93,600

$ 10,784,673

$ 637,949,495

$ 10,375,631

$

2,940,782

$ 32,860,876

$ 21,684,527

$

744,911

$

525,474

$ 1,116,768

$ 52,922,616

$

382,273

$ 1,342,471

$

285,960

$

346,012

$ 4,180,909

$ 13,165,878

$

93,600

$ 6,506,050

$ 428,525,529

Section 25. Department of Industry, Trade and Tourism. Budget Unit: Department of Industry, Trade and Tourism Personal Services. ........................ Regular Operating Expenses Travel .................................. Motor Vehicle Purchases .................. Equipment .............................. Computer Charges ....................... Real Estate Rentals ...................... Telecommunications ...................... Per Diem, Fees and Contracts Local Welcome Center Contracts Advertising and Cooperative Advertising Georgia Port Authority Lease Rentals ...... Foreign Currency Reserve ................. Payment to World Congress Center ........ Waterway Development in Georgia ......... Lanier Regional Watershed Commission . . . . Capital Outlay ........................... Total Funds Budgeted .................... State Funds Budgeted ....................

$17,038,694 $8,135,852 . $1,398,008
$290,000 $22,000 $61,800 $102,452 . . $906,097 $229,129 $655,836 . $139,100 . $4,487,723 . $1,445,000 $69,297 $300,000 . . $--0-- .... $--0-- .... $-0$18,242,294 $17,038,694

Department of Industry, Trade and Tourism Functional Budgets

Total Funds

State Funds

Administration

$ 8,757,472 $ 7,933,872

Economic Development

$ 4,061,418 $ 3,901,418

Trade Tourism

$

895,143 $

895,143

$ 4,528,261 $ 4,308,261

Total

$ 18,242,294 $ 17,038,694

404

JOURNAL OF THE SENATE

Section 26. Department of Insurance. Budget Unit: Department of Insurance.............................. $14,263,632 Personal Services................................................ $12,464,264 Regular Operating Expenses......................................... $706,912 Travel ............................................................ $394,214 Motor Vehicle Purchases............................................. $72,000 Equipment ......................................................... $88,320 Computer Charges ................................................. $409,010 Real Estate Rentals ................................................ $594,262 Telecommunications ................................................ $286,025 Per Diem, Fees and Contracts ....................................... $240,000 Health Care Utilization Review ....................................... $--0-- Total Funds Budgeted ........................................... $15,255,007 State Funds Budgeted ........................................... $14,263,632

Department of Insurance Functional Budgets Total Funds

State Funds

Internal Administration

$ 4,465,139 $ 4,465,139

Insurance Regulation

$ 5,876,354 $ 5,876,354

Industrial Loans Regulation

$

450,328 $

450,328

Fire Safety and Mobile Home Regulations

$ 4,463,186 $ 3,471,811

Total

$ 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

MONDAY, FEBRUARY 7, 1994

405

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 ................................ $1,037,995,366
Personal Services. ............................................... $13,144,544 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 .................. $2,801,101,544 Payments to Counties for Mental Health .......................... $52,234,107 Audit Contracts .................................................... $772,500 SFY 1993 Medicaid Benefits, Penalties and Disallowances........... $57,374,067 Total Funds Budgeted ......................................... $3,015,057,983 State Funds Budgeted ......................................... $1,037,995,366

Medical Assistance Functional Budgets Total Funds

State Funds

Commissioner's Office

$ 64,211,129 $ 3,946,695

Benefits, Penalties and Disallowances

$ 2,910,709,718 $ 1,019,748,363

Community Services

$

920,051 $

358,638

Systems Management

$ 21,008,405 $ 5,636,925

Professional Services

$ 3,911,751 $ 1,815,822

Program Compliance

$ 4,105,894 $ 1,544,416

Financial and Hospital Reimbursement

$ 1,502,715 $

726,309

Maternal and Child Health

$

454,804 $

160,254

Nursing Home Reimbursement

$

599,591 $

299,631

Nursing Home and Hospital Policy

$ 7,633,925 $ 3,758,313

Total

$ 3,015,057,983 $ 1,037,995,366

B. Budget Unit: Indigent Trust Fund Equipment ....................... Per Diem, Fees and Contracts ...... Benefits .......................... Total Funds Budgeted............. State Funds Budgeted .............

$139,118,799 ..... $40,000
$23,539,346 $338,821,517 $362,400,863 $139,118,799

Section 30. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel Administration Personal Services.................................... Regular Operating Expenses.......................... Travel ............................................. Equipment ......................................... Real Estate Rents ................................... Per Diem, Fees and Contracts ........................ Computer Charges .................................. Telecommunications .................................

..... $--0--
$8,524,141 . $1,683,552 ... $82,440 .... $37,818 ... $908,271 $111,873,969 . . $3,067,474 .... $283,698

406

JOURNAL OF THE SENATE

Health Insurance Payments ........... Total Funds Budgeted................ Other Agency Funds ................. Agency Assessments .................. Employee and Employer Contributions Deferred Compensation ............... State Funds .........................

Merit System Functional Budgets Total Funds

Commissioner's Office

1,669,568

Applicant Services

2,548,053

Classification and Compensation

1,269,456

Flexible Benefits

1,323,619

Employee Training and Development

1,340,624

Health Insurance Administration

31,829,272

Health Insurance Claims

820,970,637

Internal Administration

3,050,863

Total

864,002,092

$737,540,729 $864,002,092 ..... $84,121 $10,045,611 $853,724,516 .... $147,844 ..... $--0--
State Funds --0--

Section 31. Department of Natural Resources. A. Budget Unit: Department of Natural Resources................... $71,671,963
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 ..................................... $2,398,221 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......................................................... $500,000
Contracts: Georgia Special Olympics ............................................ $50,000 Technical Assistance Contract ....................................... $106,513 Corps of Engineers (Cold Water Creek State Park).................... $170,047

MONDAY, FEBRUARY 7, 1994

407

Georgia Rural Water Association ............................ Georgia State Games Commission............................ U. S. Geological Survey for Ground Water Resources .......... U. S. Geological Survey for Topographic Mapping............. Hazardous Waste Trust Fund ............................... Solid Waste Trust Fund .................................... Payments to Mclntosh County .............................. Payments to Georgia Agricultural Exposition Authority ........ Georgia Boxing Commission ................................. Total Funds Budgeted...................................... Receipts from Jekyll Island State Park Authority ..... Receipts from Stone Mountain Memorial Association ....... Receipts from Lake Lanier Islands Development Authority Receipts from North Georgia Mountain Authority ............. Indirect DOAS Funding .................................... State Funds Budgeted ......................................

Department of Natural Resources Functional Budgets Total Funds

Internal Administration

6,508,800

Parks, Recreation and Historic Sites Coastal Resources Wildlife Resources Environmental Protection Pollution Prevention Program

37,654,099 2,228,832 29,451,447 31,922,429
628,200

Total

$ 108,393,807

. $80,000 . . . . $130,725 . . . . $300,000 ..... $--0-- . . $4,300,000 . . $3,000,000
$50,000 . . $2,333,254 .... $15,000 $108,393,807 .... $514,350 . . $2,708,177
$3,362,900 . . . . $492,127
$200,000 $71,671,963
State Funds
6,508,800 15,102,760 2,117,926 25,159,532
22,179,745 603,200
71,671,963

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

$

--0--

Section 32. Department of Public Safety. A. Budget Unit: Department of Public Safety . .
1. Operations Budget: Personal Services...........................
Regular Operating Expenses Travel .................................... Motor Vehicle Purchases.................... Equipment ................................ Computer Charges ......................... Real Estate Rentals ........................ Telecommunications ........................ Per Diem, Fees and Contracts ...............
State Patrol Posts Repairs and Maintenance .

$86,604,705
$52,115,047 . $7,182,070 ... $117,800 . . $3,265,000 ... $483,695
$3,516,000 .... $7,400 . . . . $908,000 ... $367,150
$150,000

408

JOURNAL OF THE SENATE

Capital Outlay ...................................................... $50,000
Total Funds Budgeted ........................................... $68,162,162 Indirect DOAS Service Funding ................................... $1,650,000 State Funds Budgeted ........................................... $66,512,162
2. Driver Services Budget: Personal Services................................................ $16,141,663 Regular Operating Expenses....................................... $1,820,500 Travel .............................................................. $4,800 Motor Vehicle Purchases............................................. $--0--
Equipment ........................................................ $106,380 Computer Charges .................................................. $--0-- Real Estate Rentals ................................................. $53,300
Telecommunications ................................................ $287,500 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 ........................................... $20,092,543 Indirect DOAS Service Funding ...................................... $--0--
State Funds Budgeted ........................................... $20,092,543

Public Safety Functional Budgets Total Funds

State Funds

Administration

$ 18,757,970 $ 17,257,970

Driver Services

$ 20,092,543 $ 20,092,543

Field Operations

$ 49,404,192 $ 49,254,192

Total

$ 88,254,705 $ 86,604,705

B. Budget Unit: Units Attached for Administrative Purposes Only . . . . . $13,576,666 1. Attached Units Budget: Personal Services................................................. $7,071,055 Regular Operating Expenses....................................... $2,596,360 Travel ............................................................. $87,300
Motor Vehicle Purchases............................................. $54,500 Equipment ........................................................ $150,250 Computer Charges ................................................. $339,000 Real Estate Rentals ................................................. $99,105
Telecommunications ................................................ $138,350 Per Diem, Fees and Contracts ....................................... $620,100 Peace Officers Training Grants .................................... $3,219,460 Capital Outlay ...................................................... $--0--
Total Funds Budgeted ........................................... $14,375,480 State Funds Budgeted ........................................... $13,288,480
2. Office of Highway Safety Budget: Personal Services................................................... $403,459
Regular Operating Expenses.......................................... $25,430 Travel .............................................................. $9,828 Motor Vehicle Purchases............................................. $--0--
Equipment .......................................................... $1,500 Computer Charges .................................................. $36,000 Real Estate Rentals ................................................. $80,524 Telecommunications .................................................. $3,800
Per Diem, Fees and Contracts......................................... $7,500 Highway Safety Grants ........................................... $3,500,000 Total Funds Budgeted ............................................ $4,068,041 State Funds Budgeted .............................................. $288,186

MONDAY, FEBRUARY 7, 1994

409

Attached Units Functional Budgets Total Funds

Office of Highway Safety

$ 4,068,041

Georgia Peace Officers Standards and Training

$ 5,241,255

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

$ 18,443,521

State Funds

$

288,186

$ 5,241,255

$

986,451

$ 1,035,035

$

453,133

$ 5,572,606

$ 13,576,666

Section 33. Public School Employees' Retirement System. Budget Unit: Public School Employees' Retirement System ............ $9,629,000 Payments to Employees' Retirement System .......................... $479,000 Employer Contributions .......................................... $9,150,000 Total Funds Budgeted ............................................ $9,629,000 State Funds Budgeted ............................................ $9,629,000

Section 34. Public Service Commission. Budget Unit: Public Service Commission ............................. $8,446,162 Personal Services................................................. $6,470,845 Regular Operating Expenses......................................... $457,828 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

Public Service Commission Functional Budgets Total Funds

State Funds

Administration

$ 1,734,016 $ 1,734,016

Transportation

$ 3,229,158 $ 1,478,654

Utilities

$ 5,403,392 $ 5,233,492

Total

$ 10,366,566 $ 8,446,162

Section 35. Board of Regents, University System of Georgia. A. Budget Unit: Resident Instruction ............................... $888,363,093
Personal Services: Educ., Gen., and Dept. Svcs..................................... $977,858,500 Sponsored Operations .......................................... $120,000,000
Operating Expenses: Educ., Gen., and Dept. Svcs..................................... $215,738,044 Sponsored Operations .......................................... $140,000,000 Special Funding Initiative......................................... $9,208,094 Office of Minority Business Enterprise ............................... $336,138 Special Desegregation Programs ..................................... $334,702 Forestry Research .................................................. $313,687 Research Consortium ............................................. $8,100,000 Capital Outlay ..................................................... $300,000 Total Funds Budgeted ......................................... $1,472,189,165

410

JOURNAL OF THE SENATE

Departmental Income........................................ . . . $35,000,000

Sponsored Income ........................................... $260,000,000

Other Funds ................................................ . . $285,798,772

Indirect DOAS Services Funding ............................. . $3,027,300

State Funds Budgeted ....................................... $888,363,093

!. Budget Unit: Regents Central Office and Other Organized

Activities ................................................. . $146,508,706

Personal Services:

Educ., Gen., and Dept. Svcs.................................. $240,503,812

Sponsored Operations ....................................... . . $68,545,719

Operating Expenses:

Educ., Gen., and Dept. Svcs .................................. . $123,320,873

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 ........... . $2,412,495

Residency Capitation Grants ................................ . $2,700,000

Student Preceptorships ...................................... ....... $146,403

Mercer Medical School Grant ................................ . $5,947,000

Morehouse School of Medicine Grant .........................

$4,706,000

Capital Outlay ............................................. ....... $300,000

Center for Rehabilitation Technology ........................

$2,154,439

SREB Payments ........................................... . . . . . $5,674,550

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............................................... .... $7,475,339

Total Funds Budgeted...................................... . . $513,215,618

Departmental Income....................................... ........ $--0--

Sponsored Income.......................................... . $113,196,449

Other Funds............................................... . $252,954,763

Indirect DOAS Services Funding ............................

... $555,700

State Funds Budgeted ...................................... . $146,508,706

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

$ 3,980,743

1,649,854

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

Medical College of Georgia Hospital and Clinics

$ 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

$ 16,731,460

16,731,460

MONDAY, FEBRUARY 7, 1994

411

Georgia Radiation Therapy Center Athens and Tifton Veterinary Laboratories Regents Central Office Total

2,719,756 7,208,497 21,097,262 513,215,618

--0--
51,524 20,995,447 146,508,706

C. Budget Unit: Georgia Public Telecommunications Commission Personal Services ......................................... Operating Expenses ....................................... Total Funds Budgeted ..................................... Other Funds .............................................. State Funds Budgeted .....................................

.... $--0--
. $6,797,618 $9,001,343 $15,798,961 $15,798,961
.... $--0--

D. Budget Unit: Lottery for Education .............................. $22,799,512 Equipment, Technology and Construction Trust Fund .............. $17,700,000 Capital Outlay - GPTV ........................................... $2,021,512 Distant Learning - Satellite Dishes .................................. $400,000 Research Consortium - Equipment.................................... $--0-- Equipment - Vocational Instruction ................................ $2,000,000 Computer Labs - Vocational Instruction .............................. $240,000 Educational Equipment............................................. $200,000 Equipment - CMC ................................................. $238,000 Total Funds Budgeted ........................................... $22,799,512 Lottery Funds Budgeted ......................................... $22,799,512

Section 36. Department of Revenue. Budget Unit: Department of Revenue ............................... $79,781,390 Personal Services................................................ $53,437,611 Regular Operating Expenses....................................... $4,420,138 Travel .......................................................... $1,368,174 Motor Vehicle Purchases............................................. $37,800 Equipment ........................................................ $873,551 Computer Charges .............................................. $11,133,750 Real Estate Rentals .............................................. $2,628,155 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 ........................................... $84,392,660 Indirect DOAS Services Funding .................................. $3,845,000 State Funds Budgeted ........................................... $79,781,390

Department of Revenue Functional Budgets Total Funds

State Funds

Departmental Administration

$ 6,627,279 $ 6,627,279

Internal Administration

$ 10,411,609 $ 10,211,609

Electronic Data Processing

$ 8,624,303 $ 7,809,103

Field Services

$ 16,311,515 $ 16,011,515

Income Tax Unit

$ 7,242,075 $ 6,542,075

Motor Vehicle Unit

$ 17,295,515 $ 15,995,515

Central Audit Unit

$ 6,900,939 $ 6,900,939

Property Tax Unit

$ 4,056,399 $ 3,090,129

Sales Tax Unit

$ 3,930,440 $ 3,600,640

State Board of Equalization

$

46,000 $

46,000

412

JOURNAL OF THE SENATE

Taxpayer Accounting Total

$

2,946,586 $

2,946,586

$ 84,392,660 $ 79,781,390

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

$ 3,288,085

Archives and Records

$

4,366,936

Business Services and Regulation

$ 4,567,374

Elections and Campaign Disclosure Drugs and Narcotics State Ethics Commission State Examining Boards

$

1,592,072

$

972,111

$

291,164

$ 9,166,510

Total

$ 24,244,252

$23,365,252 ...... $15,429,769 ....... $2,537,914 ......... $216,350
....... $154,064 ......... $179,667 ....... $1,217,775 ...... $2,344,377 ......... $323,686
..... $1,140,650 ......... $700,000 ...... $24,244,252 ...... $23,365,252

State Funds

$ 3,258,085

$ 4,291,936

$ 3,967,374

$ 1,572,072

$

918,111

$

291,164

$ 9,066,510

$ 23,365,252

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

$

1,820,481

....... $1,820,481 ....... $1,093,946 ......... $162,600 .......... $16,000 ......... $11,000 .......... $16,850 ......... $247,455
.... $113,700 .......... $26,180 ......... $132,750 ....... $1,820,481 ....... $1,820,481
Cost of Operations
$ 1,860,481

Section 38. Soil and Water Conservation Commission.

Budget Unit: Soil and Water Conservation Commission ........ ....... $1,849,742

Personal Services ...........................

......... $967,302

Regular Operating Expenses .................

......... $176,755

TA rlnavpcl ....................................

....... $45,000

Motor Vehicle Purchases .....................

.......... $35,556

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

.......... $12,000

Computer Charges .........................

........ $7,850

MONDAY, FEBRUARY 7, 1994

413

Real Estate Rentals ................................................. $59,000 Telecommunications ................................................. $17,520 Per Diem, Fees and Contracts ....................................... $837,150 County Conservation Grants ........................................ $424,000 Total Funds Budgeted ............................................ $2,582,133 State Funds Budgeted ............................................ $1,849,742

Section 39. Student Finance Commission. A. Budget Unit: Student Finance Commission ........................ $26,926,367
Personal Services................................................. $4,719,120
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...................................... $18,561,740 Student Incentive Grants ......................................... $5,003,940 Law Enforcement Personnel Dependents' Grants ....................... $38,000
North Georgia College ROTC Grants ................................. $79,500 Osteopathic Medical Loans.......................................... $160,000
Georgia Military Scholarship Grants ................................. $543,740 Paul Douglas Teacher Scholarship Loans ............................. $425,000 Total Funds Budgeted ........................................... $34,689,711 State Funds Budgeted ........................................... $26,926,367

Georgia Student Finance Commission Functional Budgets Total Funds

Internal Administration

$ 5,290,602 $

Higher Education Assistance Corporation

$

--0-- $

Georgia Student Finance Authority

$ 28,887,920 $

Georgia Nonpublic Postsecondary Education Commission

$

511,189 $

Total

$ 34,689,711 $

State Funds
26,415,178 511,189
26,926,367

B. Budget Unit: Lottery for Education. .............................. $45,113,789

Hope Financial Aid ............................................. $39,413,797

Tuition Equalization Grants....................................... $5,699,992

Total Funds Budgeted ........................................... $45,113,789

Lottery Funds Budgeted ....

$45,113,789

Section 40. Teachers' Retirement System. Budget Unit: Teachers' Retirement System ........................... $3,800,000 Personal Services................................................. $3,487,893 Regular Operating Expenses......................................... $347,750 Travel ............................................................. $26,650 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $12,400 Computer Charges ............................................... $1,000,569 Real Estate Rentals ................................................ $451,185 Telecommunications ................................................. $70,000 Per Diem, Fees and Contracts....................................... $365,500

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Retirement System Members ................................. Floor Fund for Local Retirement Systems ..................... Total Funds Budgeted ....................................... State Funds Budgeted .......................................

$3,200,000 $600,000
$9,561,947 $3,800,000

Section 41. Department of Technical and Adult Education. A. Budget Unit: Department of Technical and Adult Education Personal Services............................................ Regular Operating Expenses.................................. Travel ..................................................... Motor Vehicle Purchases..................................... Equipment ................................................. Computer Charges .......................................... Real Estate Rentals ......................................... Telecommunications ......................................... Per Diem, Fees and Contracts ................................ Personal Services-Institutions ................................ Operating Expenses-Institutions ............. Capital Outlay .............................................. Quick Start Program ........................................ Area School Program ........................................ Regents Program............................................ Adult Literacy Grants ....................................... Total Funds Budgeted ....................................... State Funds Budgeted .......................................

Functional Budgets Total Funds

Administration

5,849,832

Institutional Programs

159,453,937

Total

165,303,769

$134,636,691 . . $3,711,713 ... $368,013 ... $108,250 ..... $--0-- .... $15,000 . . . . $566,826
. . $339,900 $135,630
... $604,500 $92,546,076 $19,142,056
... $915,000 $6,792,561 $23,995,460 $2,660,920 $13,401,864
$165,303,769 $134,636,691
State Funds
4,042,037
130,594,654
134,636,691

B. Budget Unit: Lottery for Education................... Special Education Equipment ........................ Distant Learning-Satellite Dishes ..................... Computer Hardware and Software .................... Capital Outlay - Computer Labs...................... Capital Outlay - Adult Literacy ...................... Equipment - State Schools ........................... Equipment - Area Schools ........................... Total Funds Budgeted............................... Lottery Funds Budgeted .............................

$25,981,000 $200,000 $439,000
$2,818,000 . $2,544,000
$3,480,000 $14,500,000 $2,000,000 $25,981,000 . $25,981,000

Section 42. Department of Transportation.

Budget Unit: Department of Transportation ............. ........ $452,551,435

Personal Services.................................... ........... $229,719,857

Regular Operating Expenses.......................... ............ $59,346,345

Travel ............................................. ............. $1,497,590

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 ...................................... ........... $660,539,177

Capital Outlay - Airport Approach Aid and Operational Improvements..........

............. $1,024,100

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415

Capital Outlay - Airport Development ............................. $1,167,500 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 ......................................... $1,030,588,521 State Funds Budgeted .......................................... $452,551,435

Department of Transportation Functional Budgets

Motor Fuel Tax Budget

Total Funds

State Funds

Planning and Construction

$ 744,103,775 $ 193,592,346

Maintenance and Betterments

$ 231,941,331 $ 220,741,331

Facilities and Equipment Administration

$ 9,600,000 $ 9,000,000 $ 22,469,481 $ 21,889,481

Total

$ 1,008,114,587 $ 445,223,158

General Funds Budget Paving at State and Local Schools and State
Institutions Air Transportation Inter-Modal Transfer Facilities Harbor/Intra-Coastal Waterways Activities Total

Total Funds

$

--0--

$

1,519,316

$ 20,274,618

$

680,000

$ 22,473,934

State Funds

$

--0--

$ 1,159,316

$ 5,488,961

$

680,000

$ 7,328,277

Section 43. Department of Veterans Service.

Budget Unit: Department of Veterans Service .

...... $22,516,171

Personal Services ...........................

....... $4,583,344

Regular Operating Expenses .................

$112,500

Travel ....................................

.......... $71,200

Motor Vehicle Purchases ....................

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

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

.......... $84,000

Computer Charges .........................

........... $7,300

Real Estate Rentals ........................

......... $236,000

Telecommunications ........................

... $56,500

Per Diem, Fees and Contracts ..............

.......... $23,000

Operating Expense/Payments to Central State Hospital ....... ...... $16,284,845

Operating Expense/Payments to Medical College of Georgia

$6,460,100

Regular Operating Expenses for Projects and Insurance ....... ......... $719,000

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

...... $28,637,789

State Funds Budgeted ......................

...... $22,516,171

Veterans Service Functional Budgets Total Funds

State Funds

Veterans Assistance

$ 5,103,344 $ 4,843,729

Veterans Home and Nursing Facility Milledgeville

$ 16,498,145 $ 12,504,343

Veterans Nursing Home - Augusta

$ 7,036,300 $ 5,168,099

Total

$ 28,637,789 $ 22,516,171

Section 44. Workers' Compensation Board. Budget Unit: Workers' Compensation Board Personal Services. .......................... Reeular Operating Expenses ..............

....... $9,758,103 $6,916,982 $309.620

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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).................................... $378,397,683 Motor Fuel Tax Funds (Issued) ................................. $54,700,000

433,097,683

B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund

State General Funds (New) ...................................... $23,389,890

Motor Fuel Tax Funds (New) ....................................

--0--

23,389,890

Section 46. Provisions Relative to Section 3, Supreme Court. The appropriations in Section 3 (Supreme Court) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (deci sions) of the appellate courts to Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts.
Section 47. Provisions Relative to Section 4, Court of Appeals. The appropriations in Section 4 (Court of Appeals) of this Act are for the cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for judges and employ ees of the Court.
Section 48. Provisions Relative to Section 5, Superior Courts. The appropriations in Section 5 (Superior Courts) of this Act are for the cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys, and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; provided, however, of the funds appropriated in Section 5, $20,000 is designated and committed to permit Judges with fewer than ten years of experience to at tend the Judicial College.
Section 49. Provisions Relative to Section 6, Juvenile Courts. The appropriations in Section 6 (Juvenile Courts) are for the cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4.
Section 50. Provisions Relative to Section 7, Institute of Continuing Judicial Educa tion. The appropriations in Section 7 (Institute of Continuing Judicial Education) are for the cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132.
Section 51. Provisions Relative to Section 8, Judicial Council. The appropriations in Section 8 (Judicial Council) of this Act are for the cost of operating the Judicial Council of

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417

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 can 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.
Provided, that from the appropriation made above for "Local Assistance Grants", spe cific, mandatory appropriations pursuant to O.C.G.A 50-8-8(a) are made as follows:

Recipient City of Atlanta
City of Augusta
Richmond County
Bibb County Board of Education
Wheeler County Board of Education
City of Moultrie Buford City Board of
Education Cobb County Polk County Carroll County
Muscogee County
Butts County
Bacon County

Purpose Contract for services from Clark/
Atlanta University Contract for services from
National Science Center Foundation, Inc. Law Enforcement Training Center operations Renovations to Alexander II School School facility construction
Jail Renovations Real property acquisition
Neighborhood Cobb program Airport improvements West Georgia Regional Airport
Improvements
Renovations of Confederate Naval Museum
Renovations of facilities at Indian Springs
Real property acquisition

Amount $135,000
350,000 50,000 25,000 75,000 50,000 100,000 25,000 40,000 25,000 75,000 10,000 50,000

418
Brantley County City of Statesboro
City of Jesup Mclntosh County City of Tybee Union County Spalding County City of Plains Houston County.
Board of Education Wilcox County Lanier County Board
of Education City of Cave Spring Charlton County
Athens/Clarke County Consolidated Government
City of Cordele
Coffee County Board of Education
Worth County
Bleckley County
Clayton County
Evans County Cobb County Board of
Education City of Columbus
City of Cedartown Fannin County
City of Decatur
City of Macon

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Courthouse renovations Recreation Department
Operations Auditorium renovations Program for deprived children Pier repairs Renovations to DFACS Facilities Renovations to DFACS Facilities School facility renovation School facility renovation
Livestock facility construction Renovation of school facility
Park improvements St. George Community Rescue
Unit acquisition Athens Regional Library
bookmobile acquisition
Lake Blacksheer Regional Library bookmobile acquisition
Satilla Regional Library book acquisition
Agriculture Pavillion improvements
Repairs to Community Recreation facilities
Renovations to Community Services agency offices
Ambulance acquisition Athletic Health Center
construction Construction of Battered
Women Shelter Youth athletic field construction Contract for services from
Georgia Mountain Health Services, Inc. Contract for services from Georgia School-Age Care Association Preservation of Hay House

10,000 14,000 10,000 15,000 10,000 65,000 28,000 50,000 50,000 80,000 20,000 25,000 68,000 75,000
75,000 75,000 20,000 35,000 40,000 10,000
40,000
25,000 10,000
25,000
50,000 50,000

MONDAY, FEBRUARY 7, 1994

419

City of Boston
City of Perry Telfair County City of Eatonton
City of Nahunta City of Screven Schley County City of Augusta
Douglas County

Construction and repairs to Community facility
Airport improvements
Airport improvements Old Post Office building
renovations
City Hall equipment acquisition
Police vehicle acquisition
Courthouse renovations
Renovation to John M. Tutt House
Youth Athletic Organization

24,000 25,000 25,000
26,000 10,000 10,000 10,000
15,000 25,000

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.
Provided, that from the appropriations made above for County Workcamp Construc tion Grants, a specific, mandatory appropriation pursuant to O.C.G.A. 42-2-12(a) is made as follows:

Recipient Muscogee County

Purpose
Planning and design of county correctional institution

Amount $447,000

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 1994.
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

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student instructional day to each interdisciplinary team of teachers responsible for instruc tion in language art, 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 advanced 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.
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 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.
Provided, that the above amount of Lottery funds appropriated for Safe School Grants shall include fire security equipment for Walker County.

MONDAY, FEBRUARY 7, 1994

421

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.

It is the intent of this General Assembly that federal funds be utilized to expand se lected purposes 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 Plan ning 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.

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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 appropriations 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.
The Department is authorized to use existing funds to provide partial funding to con tract for the replacement of the PARIS system.
In addition to the above appropriation for the Department of Human Resources, the Department is authorized to utilize additional available resources to move 30 mentally re tarded clients from hospitals to community residential settings.
The Department of Human Resources is hereby directed to coordinate continued devel opment of the Social Services Network computer system with the Department of Adminis trative Services.
To provide funding to a not for profit agency for the treatment of hemophilia and its complications or the purchase of insurance, whichever is less. All billings for treatments will be at the lowest possible acquisition prices and this funding is for uninsured clients with hemophilia. In addition, the not for profit agency will provide home visits and coordinated after care with federally funded Comprehensive Hemophilia Treatment Centers utilizing the agency's nurses and social workers and with no charge to the uninsured clients.
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.
The Department of Medical Assistance is authorized to extend Medicaid coverage to eligible nineteen and twenty year olds in foster care.
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.

MONDAY, FEBRUARY 7, 1994

423

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 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.
Provided, that of the above appropriation for the Department of Public Safety, $50,000 is intended for improvements to public safety operation in Cobb County.
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, $17,700,000 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 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

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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 As sembly 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 1 of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in Section 42 of this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation.
e.) Functions financed with General Fund appropriations shall be accounted for sepa rately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution.
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.

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g.) State funds for any airport development project shall not exceed local funds for such project, except for airports owned by the State of Georgia.
h.) Income derived from the sale of intermodal aircraft may be retained to finance the expansion of the state aircraft facility at Charlie Brown Airport, provided further, income derived from leasing/selling department-owned aircraft facilities may be retained for use in the department's aviation program.
i.) The Department is authorized to amend its Travel Line Item with Agency Funds and other income as needed to accomplish its Transportation program responsibilities.
In order to aid the Department in the discharge of its powers and duties pursuant to Section 32-2-2 of the Official Code of Georgia Annotated, and in compliance with Section 32-2-41 (b)(l), O.C.G.A., the Department is authorized to transfer position counts between budget functions provided that the Department's total position count shall not exceed the maximum number of annual positions assigned by law.
It is the further intent of this General Assembly that of the $499,923,158 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 shall not use State vehicles except for official State business. Except as otherwise specifically authorized by this body, utilization of State motor vehicles for commuting to and from work should only be authorized in rare and unusual circumstances requiring frequent and regular use of such State vehicles in official State business under conditions precluding obtaining a State vehicle from a State facility in a normal manner.
The State Auditor shall make the utilization of motor vehicles, xerographic equipment

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and telephonic equipment a matter of special interest in future audits to insure strict com pliance with the intent of this General Assembly.
Section 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 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 refunds 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.
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 1994 Regular Session, except as provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs and activities sub ject to the conditions that no funds whatsoever shall be transferred for use in initiating or

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commencing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatso ever shall be transferred between object classes without the prior approval of at least eleven members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expendi tures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments prop erly approved by the Director of the Budget.
(b.) (1.) For purposes of this section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.
(b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each com mon object class are authorized. However, the total expenditure for the group may not ex ceed the sum of the stated amounts for the separate object classes of the group.
(b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the administra tion of the annual operating budget.
Section 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. The following authorizations to issue General Obligation Debt and the corresponding appropriations are hereby repealed: The existing but unexercised authoriza tion to issue $13,500,000 in principal amount of General Obligation Debt for Georgia Ports Authority, Ga. Laws 1993, pp. 1819, 1900, and the existing but unexercised authorization to issue $36,855,000 in principal amount of General Obligation Debt for the Board of Regents of the University System of Georgia, which amount is remaining from the $80,100,000 in principal amount originally authorized by Ga. Laws 1993, pp. 1819, 1897.
With regard to the appropriations in Section 45 to the "State of Georgia General Obli gation Debt Sinking Fund" for authorizing new debt, the maximum maturities, user agen cies and user authorities, purposes, maximum principal amounts and particular appropria tions of highest annual debt service requirements of the new debt are specified as follows:
From the appropriation designated "State General Funds (New)", $652,500 is specifi cally appropriated for the purpose of financing a coastal Georgia maritime trade and con vention center for the Department of Industry, Trade and Tourism, by means of the acqui sition, construction, development, extension, enlargement, and improvement of land, waters,

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property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $1,081,000 is specifi cally appropriated for the purpose of financing projects for the Department of Administra tive Services, by means of the acquisition, construction, development, extension, enlarge ment, 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 $4,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)", $930,350 is specifi cally appropriated for the purpose of financing projects for the State Board of Education, 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 $4,045,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)", $13,763,835 is specif ically appropriated for the purpose of providing educational facilities for county and inde pendent school systems through the State Board of Education, through the issuance of not more than $158,205,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $475,455 is specifi cally 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 public library systems, through the issuance of not more than $5,465,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $582,000 is specifi cally 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, ex tension, enlargement, or improvement of land, waters, property, highways, buildings, struc tures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hun dred and forty months.
From the appropriation designated "State General Funds (New)", $277,965 is specifi cally appropriated for the purpose of financing facilities at Georgia Military College for the Board of Regents of the University System of Georgia, 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 $3,195,000 in princi pal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $1,585,850 is specifi cally 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, 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 $6,895,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.

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From the appropriation designated "State General Funds (New)", $1,305,000 is specifi cally appropriated for the Georgia Environmental Facilities Authority for the purpose of financing loans to local governments and local government entities for water or sewer facili ties or systems, through the issuance of not more than $15,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $313,200 is specifi cally appropriated for the purpose of financing projects for the Department of Transporta tion, by means of the acquisition, construction, development, extension, enlargement, or im provement 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 $3,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $309,285 is specifi cally appropriated for the purpose of financing projects for the Department of Children and Youth Services, by means of the acquisition, construction, development, extension, enlarge ment, 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 $3,555,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $665,550 is specifi cally appropriated for the purpose of financing projects for the Department of Human Re sources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facili ties, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $7,650,000 in principal amount of General Obligation Debt, the in struments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $782,000 is specifi cally appropriated for the purpose of financing projects for the Department of Corrections, 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.
From the appropriation designated "State General Funds (New)", $435,000 is specifi cally appropriated for the purpose of financing projects for the Georgia Building Authority, 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 $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $230,000 is specifi cally appropriated for the purpose of financing projects for the Georgia Building Authority, 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.
Section 82. Total State Fund Appropriations State Fiscal Year 1994 .......................................... $9,201,886,925
Section 83. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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Section 84. All laws and parts of laws in conflict with this Act are repealed."
This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Hooks of the 14th moved that the Senate adopt the Conference Committee report on HB 1296.
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
BB,oowsheenars Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Dean Egan Farrow

Gillis Harbison Hemmer Henson Hill
gHuogogkm? s Isakson Kemp Langford of 29th Madden Marable Middleton Newbill Oliver Parrish

Perdue Pollard Ragan of llth Ralston Ray
Rg obtitnson 01 . lotm btarr Taylor Thomas Thompson Turner Tysinger Walker

Those voting in the negative were Senators:

Crotts Day Edge

Glanton Gochenour Guhl

McGuire Ragan of 32nd

Not voting was Senator Langford of 35th.

On the motion, the yeas were 47, nays 8; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1296.
Pursuant to Senate Rule 177 the following statement was filed with the Secretary:

The State Senate Atlanta, Georgia 30334

February 8, 1994

MEMORANDUM

TO:

Secretary of the Senate

FROM:

Ed Gochenour Senator, District 27

SUBJECT: JOURNAL ENTRY FOR 2/7/94

I voted against the FY 94 Supplemental Budget because of several reasons:
1. There were 41 changes made in the Conference Committee while the Senate only made 22 changes and the House made 37 changes. The House and Senate spent several

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months working on the budget and in a matter of hours the Conference Committee made more changes than both Houses.
2. During the months the Appropriations Committee worked on the budget, no men tion of adding bonds was made. During the few hours the Conference Committee met they added $236 million in bonds.
3. There is $10 million worth of Education Grants that were handed out to high rank ing democrat districts without giving all school districts having a chance at the money.
SENATE CALENDAR
Monday, February 7, 1994
SIXTEENTH LEGISLATIVE DAY
SB 464 Work for Welfare Program--public assistance recipients participate (Substitute) (Amendments) (H&HS--12th)
SB 521 Handicapped--create Office of Sensory Affairs (YA&HE--5th) SB 546 Liens--notice of commencement to certain subcontractors (ST&I--29th) HB 415 Homicide--prohibit certain acts assisting in commission of suicide (Substitute)
(S Judy--28th) Crews--78th HB 516 Irrigation Contractors--licensing (Substitute) (ST&I--41st) Smith--174th HB 1179 Downtown Development Authority--directors' term lengths (U&CA G--33rd)
Lane--55th HB 1208 Official Code of Georgia Annotated--corrections (Judy--42nd) Thomas--100th HB 1218 Title 47 (Retirement and Pensions)--correct errors (Judy--42nd)
Thomas--100th HB 1219 Title 21 (Elections)--correct errors (Judy--42nd) Thomas--100th SB 492 Child Abuse Protocol--judicial circuits adopt (YA&HE--33rd) SB 433 Minor's Name Change--when parent's signature not required (Judy--54th) SB 442 Foster Parents--preliminary records, fingerprint checks (Judy--42nd) SB 452 Lottery for Education Account--shortfall reserve subaccount (EDT&C--46th) SB 465 Family Violence Cases--extending temporary orders (Substitute) (Judy--42nd) SB 466 Schedules of Bails--remove protective order violations (Substitute)
(Judy--42nd) SB 467 Family Violence Petitions--hearings (Substitute) (Judy--42nd) SB 493 State Children's Trust Fund & Commission--establish (Substitute)
(YA&HE--33rd) SB 514 Motor Vehicles--liens, security interests (Pub Saf--1st) SB 518 Drivers' Licenses--instruction permits, temporary licenses (Pub Saf--13th) SB 525 Music Hall of Fame Authority--subsidiary corporations (EDT&C--31st) SB 536 Innkeepers--contract on occupancy by guest (Amendment) (EDT&C--36th) SB 551 Sheriffs--qualifications to run and training courses (Pub Saf--46th) SR 426 Georgia State Cotton Museum and Dooly Welcome Center--official cotton mu
seum (Ag--13th) SR 455 Camellia Festival Month--proclaim February (Ag--14th) HB 192 Employees' Retirement--Indigent Defense Council employees members
(Ret--53rd) Cummings--27th HB 670 Employees' Retirement--credit certain ones transferring to Children and Youth
Services Department (Ret--53rd) Reichert--126th

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HB 1020 Trial Judges, Solicitors Retirement--number of years for spouses' benefits (Ret--34th) Cauthorn--35th
HB 1090 Probate Court Judges' Retirement--certain judges, employees retire at 55 with 12 years service (Ret--48th) Jenkins--110th
HB 1091 Probate Court Judges' Retirement--authorize to ones who never joined or with drew (Ret--10th) Jenkins--110th
HB 1183 Recreational Bingo--redefine (Amendment) (EDT&C--46th) Lane--55th
HB 1191 Agricultural Exposition Authority--venue, jurisdiction over legal actions (Ag--llth) Walker--141st
HB 1344 Leaf Tobacco--repeal certain charges by warehousemen (Ag--llth) Greene--158th
SB 401 Handicapped Parking--veterans awarded Purple Heart (H&HS--31st)
The following general bills were read the third time and put upon their passage:
SB 464. By Senators Taylor of the 12th, Brown of the 26th, Middleton of the 50th and others:
A bill to amend Article 5 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Aid to Dependent Children Act," so as to provide for definitions; to require that certain recipients of public assistance participate in the Work for Welfare Program; to provide for exemptions; to provide for income tax conse quences; to provide for effective dates.
The Senate Health and Human Services Committee offered the following substitute to SB 464:
A BILL
To be entitled an Act to amend Article 5 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Aid to Dependent Children Act," so as to provide for definitions; to require that certain recipients of public assistance participate in the Work for Welfare Program; to establish such program and provide for pilot tests thereof and waiver requests regarding the program; to provide for implementation; to provide for program purposes; to specify participation requirements; to authorize certain governmental agencies and non profit organizations to designate positions for program participants and provide for terms and conditions relating thereto; to provide for program coordinators and the duties thereof; to provide for participant lists and assignments; to provide for sanctions for nonparticipation in the program; to provide for notice, hearing, and appeals; to provide for assignment priorities; to provide when program participation is not required; to provide for ineligibility of participants for certain benefits; to provide that participants will not be considered agents or employees of the state or of certain agencies or organizations; to provide for ex emptions; to provide for income tax consequences; to provide for rules and regulations; to provide for effective dates; to repeal conflicting laws; and for other purposes:
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 5 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Aid to Dependent Children Act," is amended by adding immediately following Code Section 49-4-115 a new Code section to read as follows:
"49-4-116. (a) As used in this Code section, the term:
(1) 'AFDC benefits' means assistance to recipients of Aid to Families with Dependent Children granted pursuant to this article.
(2) 'Cash assistance' means the money payment component of AFDC benefits.

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(3) 'County DFACS office' means a county department of family and children services office.
(4) 'Federal agency' means any department or agency of the United States government.
(5) 'Local government agency' means any county, municipality, or board of education or any department, agency, or instrumentality of any of those entities.
(6) 'Nonprofit organization' means an organization which is exempt from federal taxes pursuant to Section 501(c)(3) of the Internal Revenue Code, as that code is defined in Code Section 48-1-2, and which is nonsectarian.
(7) 'Participant' means any recipient who is required to participate in the program.
(8) 'Pilot county' means any county in which the program has been established.
(9) 'Recipient' means any person who is 18 years of age or over and who receives AFDC benefits for both that person and any dependent child.
(10) 'State agency' means any department, agency, or instrumentality of this state.
(11) 'Work for Welfare Program' or 'program' means the Work for Welfare Program established pursuant to subsection (c) of this Code section.
(b) Each recipient who has received AFDC benefits for at least 24 months out of the last 36 months must participate in the Work for Welfare Program in return for receiving cash assistance unless that person is exempt from participation pursuant to subsection (n) of this Code section. Months of receipt include temporary periods in which the recipient is ineligible for AFDC benefits pursuant to a penalty for failure to comply with eligibility re quirements and include any month of receipt of AFDC benefits after January 1, 1992.
(c) There is established the Work for Welfare Program. No later than July 1, 1994, the department shall design a pilot Work for Welfare Program which meets the requirements of this Code section and by that date shall submit a request for waivers to the appropriate federal agencies requesting approval of such program in no more than ten counties in this state. The department shall implement the program in those pilot counties no later than the first date upon which those provisions of this Code section have become effective so as to allow full implementation of this Code section.
(d) The Work for Welfare Program is established for the following purposes:
(1) To emphasize the contractual nature of assistance so that recipients perform ser vices in exchange for AFDC benefits;
(2) To give recipients work experience that will help them in achieving self-sufficiency through employment and maintain self-dignity and pride; and
(3) To provide governmental agencies and nonprofit organizations with labor for those jobs which do not require full-time permanent employees.
(e) Each recipient who is required to participate in the program pursuant to subsection (b) of this Code section and who resides in a pilot county is required to participate in the program for 20 hours per month. If 20 hours are not available in positions in agencies and organizations other than a county DFACS office, the recipient must participate in other work or job search activities specified by the county DFACS office for such portions of that 20 hour period in which those positions are not available.
(f) Federal agencies, state agencies, local government agencies, and nonprofit organiza tions may designate Work for Welfare Program positions in such agencies or organizations for recipients required to participate in the program. Such agencies and organizations are encouraged to participate in designating such positions and to cooperate with the program coordinator for the applicable pilot county in developing those positions. Such positions shall not result in the displacement of persons who are already employed as regular fulltime or part-time employees of such agencies or organizations.
(g) The commissioner shall designate a Work for Welfare Program coordinator from

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each Positive Employment and Community Help (PEACH) local coordinating council which serves each pilot county. This coordinator will solicit employer participation and market the Work for Welfare Program to those agencies and organizations who may specify positions for the program pursuant to subsection (f) of this Code section. The coordinator will also enroll such agencies and organizations in the program and determine the hours of opportu nity for public service they will provide monthly to recipients for workplace experience in those agencies or organizations.
(h) County DFACS offices shall maintain a list of recipients who are required to partici pate in the program and assign specific recipients from that list to agencies and organiza tions enrolled in the program. Such assignments will be based upon guidelines developed by the department which take into account factors which include without being limited to availability of transportation and proximity to service site. A participant shall not be re quired to be personally responsible for payment of transportation costs associated with the Work for Welfare Program.
(i) A recipient required to participate in the program who, without good cause, does not participate as required shall:
(1) For the first violation be denied cash assistance for one month for the recipient;
(2) For the second violation be denied cash assistance for three months for the recipi ent; and
(3) For the third violation be denied cash assistance for 24 months for the recipient, after the expiration of which 24 month period the recipient will be deemed to have no prior violation.
The department shall specify what constitutes good cause for purposes of this subsec tion, and this shall include without being limited to temporary illness of the recipient or dependent child, any court mandated appearance, and temporary unavailability of transpor tation. The denial of cash assistance pursuant to this subsection shall be an action subject to notice, opportunity for hearing, and judicial review under Code Section 49-4-13.
(j) Agencies and organizations shall be given preference for Work for Welfare Program assignments in the following order of priority:
(1) State agencies;
(2) Local government agencies;
(3) Federal agencies; and
(4) Nonprofit organizations.
(k) Work for Welfare Program participation shall not be required during school vaca tion times in the summer or during holidays and shall be scheduled to accommodate school hours as such may impact a specific participant.
(1) To the extent practical and feasible, each participant in the program should be given consistent work assignments with an agency or organization which will enhance and develop specific work skills of that participant and which will take into consideration the interests, abilities, and experience of that participant.
(m) A participant shall not be eligible for any minimum wage, unemployment compen sation, or workers' compensation benefit or any health, retirement, or other benefits from the agency or organization for which the participant is performing services nor shall such participant be considered to be an agent or employee of such agency or organization or of the state.
(n) The following persons are exempt from the Work for Welfare Program:
(1) A disabled or incapacitated adult;
(2) A full-time caretaker of a disabled dependent person living in the household;
(3) A caretaker whose needs are not included in the cash assistance grant;

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(4) A person who remains in an educational or job-training program;
(5) A person who is working at least 20 hours a week to support himself or herself and his or her family;
(6) A person actively participating in a Positive Employment and Community Help (PEACH) Program component;
(7) A recipient parent who has a child under five years of age as of September 1 of a school year; and
(8) A recipient who is 60 years of age or over.
(o) Credit for participation in the program shall not constitute income for state income tax purposes.
(p) The department shall promulgate rules and regulations implementing the Work for Welfare Program on a pilot basis.
(q) The department shall give Work for Welfare Program credit on an hour per hour basis if the participant is employed for less than 20 hours per week and is paid for such work."
Section 2. For purposes of the Department of Human Resources' designing the Work for Welfare Program and submitting requests for waivers to the appropriate federal agencies for such program, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. For all other purposes this Act shall become effec tive only if such waivers are approved and in that event shall become effective upon the later of January 1, 1995, or six months following the receipt of such waiver approvals.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senators Isakson of the 21st, Clay of the 37th, Ragan of the 32nd et al. offered the following amendment:
Amend the committee substitute to SB 464 (LC 11 8244S) by adding on line 13 of page 1 after the word and symbol "thereof;" the following:
"to provide for a report concerning incentives for private sector employment of recipi ents to be filed with the General Assembly;"
By adding on line 26 of page 4 after the designation "(g)" and before the word "The" the following:
"(1)".
By adding between lines 4 and 5 of page 5 the following:
"(2) The Work for Welfare Program coordinators from the pilot counties shall be au thorized and directed to report as a group to the General Assembly any recommendations concerning incentives to encourage the employment of recipients by private sector employ ers. Such report shall be made to the General Assembly not later than six months after the implementation date of the Work for Welfare Program."
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

Brown of 26th Burton Cheeks Clay Coleman Crotts Day

Dean Edge Egan Farrow Gillis Glanton Gochenour

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Guhl Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Madden

Marable McGuire Middleton Newbill Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston

Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Not voting were Senators Abernathy and Langford of 35th.
On the adoption of the amendment, the yeas were 54, nays 0, and the Isakson et al. amendment to the committee substitute was adopted.
Senators Newbill of the 56th, Ralston of the 51st, Clay of the 37th et al. offered the following amendment:
Amend the committee substitute to SB 464 by striking lines 1 through 3 of page 1 and inserting in their place the following:
"To amend Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance, so as to provide for definitions; to require".
By striking lines 22 through 24 of page 1 and inserting in their place the following:
"consequences; to provide for a LEARNFARE program whereby certain teenagers in cluded in grants of public assistance must attend school; to provide for legislative purpose; to provide for definitions; to provide for the circumstances which constitute school attend ance; to provide for verification of enrollment and school attendance; to require school sys tems to provide school attendance information; to provide for exceptions to the school at tendance requirements; to provide for termination of public assistance and the procedures relating thereto; to provide for submission for federal approval; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes."
By striking lines 26 through 27 of page 1 and line 1 of page 2 and inserting in their place the following:
"Section 1. Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance, is amended by adding immediately".
By striking lines 25 through 32 of page 7 and lines 1 through 4 of page 8 and inserting in their place the following:
"Section 2. Said chapter is further amended by adding immediately following Article 8 thereof a new article to read as follows:
'ARTICLE 9
49-4-180. The purpose of this article is to provide rules for the administration of LEARNFARE, a program that requires school attendance of all teenagers who are included in a grant of public assistance, who are parents or who are residing with a parent, and who have not graduated from high school or received a GED.
49-4-181. As used in this article, the term:
(1) "Ceased to attend" means that the teenager has 20 consecutive full school days of unexcused absences.
(2) "Department" means the Department of Human Resources.
(3) "Dropout" means a teenager who has ceased to attend school, continues to reside in the school system, does not attend another school, does not participate in a home schooling

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program, has not graduated from high school or received a GED, and does not show good cause for not attending under Code Section 49-4-185.
(4) "Excused absence" means that the reason for the absence meets the Department of Education's definition of a valid reason for the teenager's not attending school.
(5) "Full day" means the entire school day as defined by the Department of Education.
(6) "GED" means general educational development equivalency diploma.
(7) "Home study program" means a valid home study program as authorized under Code Section 20-2-690.
(8) "LEARNFARE" means a pilot program established under this article that requires school attendance of all teenagers who are included in a grant of public assistance, who are parents or who are residing with a parent, and who have not graduated from high school or received a GED.
(9) "Monthly attendance requirement" means that the teenager has no more than two full days of unexcused absences in a school month.
(10) "Parent" means a minor's natural or adoptive parent, legal guardian, foster parent, or other person who has legal custody of the minor.
(11) "School" means:
(A) A public school as described in Code Section 20-2-690;
(B) A private school as described in Code Section 20-2-690;
(C) A vocational, technical, or adult education school pursuant to Article 2 of Chapter 4 of Title 20; or
(D) A course of study meeting the standards established by the Department of Educa tion or Department of Technical and Adult Education for the granting of a GED.
(12) "School system" means the local unit of school administration as described in Arti cle VIII, Section V of the Constitution.
(13) "Teenager" means a person who is at least 13 but under 16 years of age, who is either a parent or residing with that person's parent, and who resides in a county in which LEARNFARE is established.
(14) "Unexcused absence" means that the reason for the absence does not meet the Department of Education's definition of a valid reason for the teenager not to attend school.
49-4-182. (a) The department shall establish in no more than ten counties in this state a pilot LEARNFARE program which meets the requirements of this article. In order to be included in a grant of public assistance, a teenager shall attend school full or part time, except that a teenager who is participating in a home schooling program or has graduated from high school or received a GED is exempt from the school attendance requirement under this article.
(b) A teenager who is required to participate in LEARNFARE under this article shall be considered to be meeting the school attendance requirements under the following circumstances:
(1) A teenager who is required to attend school shall be considered to have met the attendance requirement by having fewer than ten full days of unexcused absences from school during the most recently completed school grading period;
(2) A teenager who has ten or more full days of unexcused absences from school during the most recently completed school semester or was a dropout and returned to school during the semester under review or who is unable to verify previous attendance shall comply with the monthly attendance requirements;

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(3) If the school that the teenager is currently enrolled in does not keep daily attend ance records, the teenager shall be considered to be meeting the monthly attendance re quirement if the school verifies the continuing enrollment of the teenager in the semester under review; and
(4) The teenager is not required to comply with attendance requirements when the school the teenager is attending is not in regular session, including during the summer.
(c) Either the teenager or the teenager's parent shall cooperate in providing information needed to verify enrollment information or good cause under Code Section 49-4-185. If neither one cooperates, the teenager shall be ineligible for assistance provided under Article 5 of this chapter.
49-4-183. (a) The department shall review school attendance information at all initial eligibility determinations and at all eligibility reviews under Article 5 of this chapter.
(b) The signature of an applicant on an application for an Aid to Families with Depen dent Children or general assistance grant constitutes permission for the release of school attendance records for that individual or for any teenager residing with that individual.
(c) (1) The department shall request information from the teenager's school system about the teenager's attendance in the school system's most recently completed semester of attendance.
(2) If information about the teenager's previous school attendance is not available or cannot be verified, the department shall require the teenager to meet the monthly attend ance requirement for one semester or quarter or until the information is obtained.
(d) The department shall use the attendance information provided by a school system to verify attendance for a teenager.
(e) The department shall review a teenager's claim that such teenager has a good cause under Code Section 49-4-185 for not attending school.
49-4-184. (a) A school system shall provide information to the department about the attendance of a teenager who is enrolled in a public school in the school system within five working days after the receipt of a written request for such information from the department.
(b) In reporting attendance, the school system may not add partial days' absences to gether to constitute a full day's absence.
49-4-185. (a) A teenager who is required to attend school to meet LEARNFARE partici pation requirements under this article shall comply except when there is good cause which shall be demonstrated by any of the following circumstances:
(1) The teenager is the caretaker of the teenager's own child who is less than 90 days old;
(2) The department determines that child care services are necessary for the teenager to attend school and there is no child care available. Child care shall be considered unavailable if there is no space available for the child in a licensed day-care center within reasonable time and distance or if the cost of the care where space is available is excessive in the judgment of the department;
(3) The department determines that transportation to and from child care is necessary for the teenager's child and there is no public or private transportation available;
(4) The teenager is prohibited by the school system from attending school and an ex pulsion is pending. This exemption no longer applies once the teenager has been expelled; or
(5) The teenager failed to attend school for one or more of the following reasons:
(A) Illness, injury, or incapacity of the teenager or a member of the teenager's family. For purposes of this paragraph, 'member of the teenager's family' means a spouse, child, parent, or other dependent relative who lives with the teenager;

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439

(B) Court required appearances or temporary incarceration;
(C) Medical or dental appointments for the teenager or the teenager's child;
(D) Death of a relative;
(E) Observance of a religious holiday;
(F) Family emergency;
(G) Breakdown in public transportation;
(H) Suspension from the school; or
(I) Any other circumstance beyond the control of the teenager.
49-4-186. (a) Upon determination that a teenager has failed without good cause to at tend school as required, the department shall provide written notice to the teenager or the teenager's parents, whoever is the primary recipient of aid, which specifies:
(1) That the teenager will be removed from the Aid to Families with Dependant Chil dren or general assistance grant in the next possible payment month because the teenager required to attend school has failed to meet attendance requirements. If the teenager is the only child in the grant, the notice shall state that the entire grant will be discontinued;
(2) The beginning date of the sanction and the teenager to whom the sanction applies; and
(3) The right of the teenager or the teenager's parents, whoever is the primary recipient of, aid, to request a fair hearing under subsection (b) of this Code section.
(b) The teenager or the teenager's parents, whoever is the primary recipient of aid, may request a fair hearing on the department's determination that the teenager has not been attending school.
(c) If the teenager or the teenager's parents do not request a fair hearing under subsec tion (b) of this Code section or if, after a fair hearing has been held, the hearing officer finds that the teenager without good cause has failed to meet the monthly attendance require ment, the department shall discontinue or deny aid to the teenager in the next possible payment month.
(d) A sanction applied under subsection (c) of this Code section shall be effective for one month for each month that the teenager failed to meet the monthly attendance require ment. In the case of a dropout, the sanction shall remain in force until the teenager provides written proof from the school system that the teenager has reenrolled and met the monthly attendance requirement for one calendar month. Any month in which school is in session for at least ten days during the month may be used to meet the attendance requirement under this subsection, including attendance at summer school. The sanction shall be removed the next possible payment month.
Section 3. It shall be the duty of the department to submit a request for waivers to the appropriate federal agencies requesting approval for implementing Sections 1 and 2 of this Act. Only for purposes of submitting such requests for waivers, this Act shall become effec tive upon its approval by the Governor or upon its becoming law without such approval. For all other purposes, Section 1 and Section 2 of this Act shall become effective only if such waivers are approved for those respective sections and in that event shall become effective upon the later of January 1, 1995, or six months following the receipt of such waiver approv als, upon which date the remainder of this Act necessary to implement those sections shall become fully effective.
Section 4. All laws and parts of laws in conflict with this Act are repealed."
Senator Newbill of the 56th offered the following amendment;
Amend the Newbill et al. amendment to the committee substitute to SB 464 by deleting on page 5 lines 3, 5, 14 and on page 6 line 6 the word "semester" and adding in lieu thereof the following: school grading period

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On the adoption of the amendment, the yeas were 43, nays 0, and the Newbill amend ment to the Newbill et al. amendment was adopted.
On the adoption of the Newbill et al. amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Boshears Burton Cheeks Clay Crotts

Day Edge Egan Glanton Gochenour Guhl

Isakson McGuire Newbill Ragan of 32nd Ralston Tysinger

Those voting in the negative were Senators:

Alien Baugh Blitch Bowen Broun of 46th Brown of 26th Coleman Dean Farrow
Gillis
Harbison
Hemmer

Henson Hill Huggins Kemp Langford of 29th Madden Marable Middleton Oliver
Parrish
Perdue
Pollard

Ragan of llth Ray Robinson Scott Slotin ,, *, ^aylor Thomas
Thompson
Turner
Walker

Those not voting were Senators:

Abernathy

Hooks

Langford of 35th

On the adoption of the amendment, the yeas were 18, nays 35, and the Newbill et al. amendment to the committee substitute was lost.
Senators Clay of the 37th, Newbill of the 56th, Ralston of the 51st et al. offered the following amendment:
Amend the committee substitute to SB 464 by striking line 22 of page 1 and inserting in its place the following:
"consequences; to limit certain Aid to Families with Dependent Children benefit in creases resulting from the birth of a child; to provide for rules and regulations; to provide for waivers; to".
By striking line 1 of page 2 and inserting in its place the following:
"Dependent Children Act,' is amended by striking Code Section 49-4-115, relating to disqualifying certain recipients from assistance upon the birth of a child, and inserting in its place the following:
'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

MONDAY, FEBRUARY 7, 1994

441

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 a total of 24 months after January 1, 1004. Nothing in thia Code section ahull be construed to disqualify a recipient family from an incremental increase in bcncfita in casca in which the birth of a child ia the result of a verifiable rape or incest, for at least ten consecutive months prior to the birth of said additional child, have either been receiving cash benefits under this article or have been in a temporary period of ineligibility. The department shall submit a request for waivers to the appropriate federal department requesting approval to implement this Code section.'
Section 1.1. Said article is further amended by adding immediately".
By striking lines 25 through 32 of page 7 and lines 1 and 2 of page 8 and inserting in their place the following:
"Section 2. Only for purposes of the Department of Human Resources' designing the Work for Welfare Program and submitting requests for waivers to the appropriate federal agencies for implementing Sections 1 and 1.1 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. For all other purposes, Sections 1 and 1.1 of this Act shall become effective only if waivers are approved permitting the implementation of those respective sections and in that event shall become effective upon the later of January 1, 1995, or six months following the receipt of such waiver approvals, upon which date the remainder of this Act necessary for such imple mentation shall become effective."
Senators Clay of the 37th and Newbill of the 56th offered the following amendment:
Amend the Clay et al. amendment to the committee substitute by adding at line 22, page 2 after the word "Section" the words in a new sentence reading:
"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."
On the adoption of the amendment, the yeas were 24, nays 22, and the Clay and Newbill amendment to the Clay et al. amendment was adopted.
On the adoption of the Clay et al. amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Balfour Boshears Burton CClhaeyeks
Coleman
Crotts

Day Edge Egan Farrow GGolacnhteonnour
Guhl
Hemmer

Isakson Kemp McGuire Newbill fR, "*"" o,f 3002nd,
Ralston
Tysinger

Those voting in the negative were Senators:

Abernathy Baugh Blitch Bowen Broun of 46th Brown of 26th

Dean Gillis Harbison Henson Hill Huggins

Langford of 29th Madden Marable Middleton Oliver Parrish

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JOURNAL OF THE SENATE

Perdue Pollard Ragan of llth Ray
Robinson

Scott Slotin
Starr Taylor

Thomas Thompson ,,, Turner
Walker

Not voting were Senators Hooks and Langford of 35th.
On the adoption of the amendment, the yeas were 23, nays 31, and the Clay et al. amendment to the committee substitute was lost.
Senators Gochenour of the 27th, Edge of the 28th, Clay of the 37th et al. offered the following amendment:
Amend the Senate committee substitute to SB 464 by striking line 22 of page 1 and inserting in its place the following:
"consequences; to provide for legislative findings; to require that certain persons living with recipients of Aid to Families with Dependent Children (AFDC) provide financial sup port for children in such household and including such person's income in computing AFDC eligibility; to provide for waivers; to provide for rules and regulations; to".
By adding between lines 24 and 25 of page 7 the following:
"Section 1.1. Said article is further amended by adding at the end thereof the following:
'49-4-117. (a) The General Assembly finds that men and women may live together if they are not married under federal regulations for Aid to Families with Dependent Children (AFDC), under the "man in the house" rule, and thus there is no incentive for recipients of AFDC benefits to adopt a traditional family structure. The General Assembly further finds that a person who is living with a parent receiving AFDC benefits as a "man in the house" should bear the same responsibilities and obligations as the recipient with regard to the family.
(b) Notwithstanding any other provision of law to the contrary, the person living with a family receiving AFDC benefits under the "man in the house" rule, as defined by 45 CFR 233.90, must provide financial support for any children in such family.
(c) Notwithstanding any other provision of law to the contrary, any income of any per son living with a family receiving AFDC benefits under the "man in the house" rule, as defined by 45 CFR 233.90, shall be considered available to such family for the purposes of eligibility for AFDC benefits for that family.
(d) The department shall submit a request for waivers to the appropriate federal agen cies requesting approval for the implementation of this Code section.'"
By striking lines 25 through 32 of page 7 and lines 1 and 2 of page 8 and inserting in their place the following:
"Section 2. Only for purposes of the Department of Human Resources' designing the Work for Welfare Program and submitting requests for waivers to implement that program and the provisions of Section 1.1. of this Act to the appropriate federal agencies, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. For all other purposes, Section 1 and Section 1.1. of this Act shall become effective only if such waivers are approved for those respective sections and in that event shall become effective upon the later of January 1, 1995, or six months following the receipt of such waiver approvals, upon which date the remainder of this Act necessary for imple menting those sections shall become fully effective."

MONDAY, FEBRUARY 7, 1994

443

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 Baugh
Boshears Burton Cheeks Clay
Coleman Crotts Day Dean
Edge

Egan Farrow
Gillis Glanton Gochenour Guhl
Hemmer Hill Muggins Isakson
Kemp

Those voting in the negative were Senators:

Marable McGuire
Middleton Newbill Perdue Pollard
Ragan of 32nd Ralston Ray Thompson
Tysinger

Abernathy Alien Blitch
Bowen Broun of 46th Brown of 26th Harbison

Henson Langford of 29th Madden
Oliver Parrish Ragan of llth Robinson

Scott Slotin Starr
Taylor Thomas Turner Walker

Not voting were Senators Hooks and Langford of 35th.

On the adoption of the amendment, the yeas were 33, nays 21, and the Gochenour et al. amendment was adopted.

Senator Ragan of the 32nd offered the following amendment:

Amend the committee substitute to SB 464 on page 3, line 20 by striking the words "no more than" and adding the words "at least"

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

Those voting in the affirmative were Senators:

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

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

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

Not voting were Senators Langford of 35th and Robinson.
On the adoption of the amendment, the yeas were 54, nays 0, and the Ragan amend ment to the committee substitute was adopted.

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JOURNAL OF THE SENATE

Senators Ralston of the 51st, Edge of the 28th, Clay of the 37th et al. offered the follow ing amendment:
Amend the committee substitute to SB 464 by striking line 22 of page 1 and inserting in its place the following:
"consequences; to provide for rules and regulations; to limit the duration for which par ticipants in such program may receive Aid to Families with Dependent Children benefits; to provide for waivers; to".
By striking the quotation marks on line 24 of page 7.
By adding between lines 24 and 25 of page 7 the following:
"(r) A recipient who is required to participate in the program shall not be eligible to receive AFDC benefits for such person or any dependent child thereof for more than 24 months after such recipient is first required to participate in the program unless that recipi ent is determined to be eligible for federal Supplemental Security Income because of physi cal or mental disability, which determination shall be made by the county DFACS office pursuant to appropriate federal laws and regulations. The department shall submit a re quest for waivers to the appropriate federal agencies requesting approval to implement this subsection.' "
By striking lines 25 through 32 of page 7 and lines 1 and 2 of page 8 and inserting in their places the following:
"Section 2. For purposes of the Department of Human Resources' designing the Work for Welfare Program and submitting requests for waivers to the appropriate federal agencies for implementing Section 1 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Those provisions of this Act subject to such waivers shall become effective only if such waivers are approved and in that event shall become effective upon the later of January 1, 1995, or six months following the receipt of such waiver approvals, upon which date the remainder of this Act necessary to implement such provisions shall become effective."
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

Edge Egan Farrow Glanton Gochenour Guhl

Isakson McGuire Newbill Ragan of 32nd Ralston Tysinger

Those voting in the negative were Senators:

Abernathy Alien Baugh Broun of 46th Brown of 26th Cheeks Coleman Dean Gillis Harbison Hemmer

Henson Hill Huggins Kemp Langford of 29th Madden Marable Middleton Oliver Parrish Perdue

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

MONDAY, FEBRUARY 7, 1994

445

Those not voting were Senators:

Blitch Bowen

Hooks Langford of 35th

Turner

On the adoption of the amendment, the yeas were 18, nays 33, and the Ralston et al. amendment to the committee substitute was lost.

Senators Ralston of the 51st, Edge of the 28th, Clay of the 37th et al. offered the follow ing amendment:

Amend the committee substitute to SB 464 by striking line 6 of page 1 and inserting in its place the following:

"provide for waiver requests".

By striking line 22 of page 1 and inserting in its place the following:

"consequences; to provide for rules and regulations; to provide for transitional support grants and assistance; to provide for waivers; to".

By striking "Pilot" and inserting "Program" on line 26 of page 2.

By striking "pilot" on line 16 of page 3.

By striking line 20 of page 3 and inserting "program in this state. The".

By striking "those pilot" and inserting "all" on line 21 of page 3.

By striking "pilot" and inserting "program" on lines 6, 21, and 29 of page 4.

By striking lines 7 through 13 of page 4 and inserting in their place the following:

"participate in the program for a number of hours computed by dividing the sum of the cash value of food stamps and cash assistance received by such recipient for that recipient and any dependent child thereof by the amount of the federal minimum hourly wage, but such hours shall not exceed 40 hours per week. If those hours are not available in positions in agencies and organizations other than a county DFACS office, the recipient must partici pate in other work or job search activities specified by the county DFACS office for such portions of that required work period in which those positions are not available."

By striking line 20 of page 7 and inserting in its place a period.

By striking the quotation marks at the end of line 24 of page 7.

By adding between lines 24 and 25 of page 7 the following:

"(r) Any recipient who becomes ineligible for AFDC benefits because of such recipient's employment income shall nevertheless be provided the following transitional support grants and assistance for 12 months following termination of cash assistance:

(1) Grants for child care for each child of the former recipient for whom the recipient had last received cash assistance based upon a sliding scale according to income and devel oped by the department; and

(2) Medical assistance paid on behalf of that former recipient and each child of the former recipient on whose behalf medical assistance was payable while the recipient was last eligible for AFDC benefits, unless health coverage is available through the recipient's em ployer in which event the department shall develop a sliding scale according to income pur suant to which the Department of Medical Assistance will make grants for health care cov erage premiums to the recipient's employer for such coverage.' "

By striking lines 25 through 32 of page 7 and lines 1 and 2 of page 8 and inserting in their place the following:

"Section 2. For purposes of the Department of Human Resources' designing the Work for Welfare Program and sliding scale for transitional assistance and submitting requests for waivers to the appropriate federal agencies for implementing Section 1 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Those provisions of this Act subject to such waivers shall become effective

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JOURNAL OF THE SENATE

only if such waivers are approved and in that event shall become effective upon the later of January 1, 1995, or six months following the receipt of such waiver approvals, upon which date the remainder of this Act necessary for implementing those provisions shall become effective."

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 Bowen BCurorttotsn
Day
Edge
Egan

Farrow Gillis Glanton GGouchhl enour
Hooks
Huggins
Isakson

Kemp McGuire Newbill ,,Ra*an of,. l..l,t,hj
Ra8an of 32nd
Ralston
Tysinger

Those voting in the negative were Senators:

Abernathy Alien Baugh Broun of 46th Brown of 26th Cheeks Coleman Dean
Harbison
Hemmer

Henson Hill Langford of 29th Madden Marable Middleton Oliver Parrish
Perdue
Pollard

Ray Robinson Scott Slotin Q, *, Taylor Thomas
Turner
Walker

Those not voting were Senators:

Blitch Clay

Langford of 35th

Thompson

On the adoption of the amendment, the yeas were 23, nays 29, and the Ralston et al. amendment to the committee substitute was lost.

Senator Edge of the 28th moved that the Senate reconsider its action in defeating the Ralston et al. amendment.

On the motion, 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

Edge Egan Glanton Gochenour Guhl Isakson

McGuire 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 Dean Farrow Gillis

MONDAY, FEBRUARY 7, 1994

447

Harbison Hemmer Henson
5HMouogk.gsins Kemp Langford of 29th Madden

Marable Middleton Oliver
P_Pearrdr,iuseh Pollard Ragan of llth Ray

Robinson Scott Slotin
S_T,taayrl.ror Thomas Turner Walker

Not voting was Senator Langford of 35th.

On the motion the yeas were 18, nays 37; the motion lost, and the Ralston et al. amend ment to the committee substitute to SB 464 was not reconsidered.

Senator Balfour of the 9th offered the following amendment:

Amend the committee substitute to SB 464 by adding to page 7 after line 24

(r) The department shall assure that each participant shall receive a verbal and/or writ ten evaluation at least monthly from the agency or organization where the participant per forms services.

by adding to page 7 after line 24

(s) The Department shall assure that the participant shall have notice and opportunity to apply for any paid positions with the agency or organization where the participant per forms services.

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 Blitch B,,Bousrht. oenars Clay
Crotts
Day

Edge Egan Glanton G/G-i ouchi_hli enour Hill
Isakson
McGuire

Newbill Perdue Ragan of 32nd DHal,ston
Thomas Turner Tysinger

Those voting in the negative were Senators:

Abernathy Baugh Bowen Broun of 46th Brown of 26th Cheeks Coleman Dean Farrow Gillis

Harbison Hemmer Henson Hooks Huggins Kemp Langford of 29th Madden Marable Middleton

Oliver Parrish Pollard Ragan of llth Ray Robinson Scott Slotin Taylor Thompson

Those not voting were Senators:

Langford of 35th

Starr

Walker

On the adoption of the amendment, the yeas were 23, nays 30, and the Balfour amend ment to the committee substitute was lost.

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On the adoption of the substitute, the yeas were 51, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

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

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

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

Not voting was Senator Langford of 35th.
On the passage of the bill, the yeas were 55, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Gillis of the 20th introduced Congressman Roy Rowland of the 8th District, who addressed the Senate briefly.
The President announced that the Senate would stand in recess from 12:27 P.M. until 1:45 P.M.
At 1:45 P.M., the President called the Senate to order.
The Calendar was resumed.

SB 521. By Senators Burton of the 5th, Ragan of the llth, Marable of the 52nd and others:
A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to provide for findings of the General Assembly; to create the Office of Sensory Affairs; to provide for a director and such official's appointment and powers and duties; to provide for recommendations and an an nual report.

MONDAY, FEBRUARY 7, 1994

449

The following fiscal note, as required by law, was read by the Secretary:
DEPARTMENT OF AUDITS 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400
January 27, 1994
The Honorable Joe Burton State Senator State Capitol, Room 121H Atlanta, Georgia 30334
SUBJECT: Fiscal Note Senate Bill 521 (LC 22 1054) Creation of Office of Sensory Affairs
Dear Senator Burton:
This bill would create the Georgia Office of Sensory Affairs. The Georgia Office of Sen sory Affairs would provide information regarding programs, services and education for per sons with hearing or visual impairment; in addition, the Office would coordinate existing services and resources and act as an advocate with governmental agencies and the private sector.
To establish and operate the Georgia Office of Sensory Affairs for the first year would cost approximately $481,000 to $499,000. These amounts are based on estimates received from the Merit System, Georgia Building Authority, Department of Administrative Services, Georgia Council for the Deaf and Hard of Hearing and the Georgia Council for the Blind. This cost includes approximately $390,000 for personnel costs; approximately $12,000 for regular operating expenses; between $18,000 and $36,000 for office space, depending on loca tion; approximately $16,000 for office furniture; and approximately $45,000 in office equip ment and specialized equipment to communicate with persons with hearing or visual im pairments. This cost estimate assumes new personnel are hired and are not transferred from other departments.
Sincerely,

/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:

Alien Balfour 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 Madden Marable Middleton Newbill Oliver

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

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Those voting in the negative were Senators:

Baugh Egan

Gochenour Guhl

Langford of 29th McGuire

Those not voting were Senators:

Abernathy Cheeks

Langford of 35th Parrish

Thomas

On the passage of the bill, the yeas were 45, nays 6. The bill, having received the requisite constitutional majority, was passed.

SB 546. By Senator Langford of the 29th:
A bill to amend Code Section 44-14-361.5 of the Official Code of Georgia Anno tated, relating to liens of persons without privity of contract, so as to change the provisions relating to who shall be required to give a copy of a notice of com mencement to a subcontractor, materialman, or person who makes a written re quest for such notice; to provide that such notice shall be given by the contractor.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
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 BDBruorwt,onn of 26th Cheeks Clay Coleman
Crotts Day Dean Edge Egan Farrow

Gillis Glanton Gochenour Guhl Harbison Hemmer Henson THHToilol ki s Huggins Isakson Kemp
Langford of 29th Madden Marable McGuire Middleton Newbill

Oliver Perdue Pollard Ragan Of llth Ragan of 32nd Ralston p PRofbi. nson
flotm btarr
Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy

Langford of 35th

Parrish

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

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

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.
Senate Sponsor: Senator Edge of the 28th.

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451

Senator Edge of the 28th moved that HB 415 be postponed until February 9, 1994.
On the motion, the yeas were 41, nays 0, and the motion prevailed.
HB 516. By Representatives Smith of the 174th and Byrd of the 170th:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-volt age contractors, and utility contractors, so as to provide for the licensing of irri gation contractors and for requirements and qualifications relative thereto.
Senate Sponsor: Senator Tysinger of the 41st.
The Senate Science, Technology and Industry Committee offered the following substi tute to HB 516:
A BILL
To be entitled an Act to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-volt age contractors, and utility contractors, so as to define certain terms; to provide that the State Construction Industry Licensing Board and a certain division of such board shall have the power to examine and license irrigation contractors; to change the membership of the State Construction Industry Licensing Board; to provide that no person shall engage in the business of irrigation contracting without a valid license as an irrigation contractor; to pro vide that no corporation or partnership shall engage in the business of irrigation contracting unless a person with a valid license as an irrigation contractor is actively employed with such corporation or partnership; 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 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, is amended by inserting immediately following paragraph (8.1) of Code Section 43-14-2, relating to definitions relative to such chapter, the following:
"(8.2) 'Irrigation contracting' means the design, construction, repair, maintenance, im provement, or alteration of all or any portion of an irrigation system; provided, however, that such term shall not include:
(A) Irrigation work done by a person on the premises of property which such person owns and occupies as a home;
(B) Irrigation work done by a maintenance person to and on premises owned by the business in which such person is regularly employed or engaged and who does not engage in the occupation of an irrigation contractor; or
(C) Irrigation work done by a farmer, agriculturist, agronomist, horticulturist, forester, gardener, contract gardener, garden or lawn caretaker, nurseryman, or grader or cultivator of land on land owned, rented, or leased or possessed pursuant to a sharecrop agreement by the person doing the irrigation work.
(8.3) 'Irrigation contractor' means any person, partnership, company, corporation, asso ciation, or organization, or a combination of any of these, who undertakes for a fixed sum, fee, price, percentage, or other compensation an irrigation contract; provided, however, that such term shall not include:
(A) Any officer, employee, or duly authorized representative of the United States, the State of Georgia, or any political subdivision thereof, if the work is performed on the prop erty of said political entity;

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(B) Any vendor of components, materials, or equipment who performs only such func tions as delivery, rendering of advice, or assistance in the installation of normal warranty service or exchange of defective or damaged goods; or
(C) A registered professional engineer or architect or landscape architect if such per son's acts are incidental to the pursuit of such profession.
(8.4) 'Irrigation system' means any assemblage of components, materials, or special equipment which is designed, constructed, and installed for controlled dispersion of water from any safe and suitable source, including properly treated waste water for the express purpose of irrigation of vegetation, to include integral pumping systems and integral control systems, with the exception of the backflow prevention device, for manual, semiautomatic, or automatic control of the operation of said systems."
Section 2. Said chapter is further amended by striking in its entirety paragraph (2) of subsection (b) of Code Section 43-14-3, relating to the creation of and membership on the State Construction Industry Licensing Board, and inserting in lieu thereof the following:
"(2) Five Six members known as the Division of Master Plumbers and Journeyman Plumbers, one IjFwhom shall be a full-time plumbing inspector of a county or municipality, three of whom shall be master or contracting plumbers, and one of whom shall be a journey man plumber, and one of whom shall be an irrigation contractor; provided, however, that the member wRo is an irrigation contractor shall have no vote;7'
Section 3. Said chapter is further amended by striking in its entirety paragraph (2) of Code Section 43-14-5, relating to the general powers of the State Construction Industry Licensing Board, and inserting in lieu thereof the following:
"(2) Provide by regulation for reciprocity with other states in the registration and li censing of electrical contractors, master plumbers, journeyman plumbers, irrigation contrac tors, low-voltage contractors, utility contractors, or conditioned air contractors and in the certification of utility contracting foremen, provided that such other states have require ments substantially equal to the requirements in force in this state for registration, licensure, and certification; provided, further, that a similar privilege is offered to residents of this state;"
Section 4. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 43-14-6, relating to the powers and duties of the divisions of the State Con struction Industry Licensing Board, and inserting in lieu thereof the following:
"(a) The Division of Electrical Contractors, with respect to applicants for a license to engage in or licensees engaging in the business of electrical contracting; the Division of Master Plumbers and Journeyman Plumbers, with respect to applicants for a license to en gage in or licensees engaging in the business of plumbing as master plumbers, er journey man plumbers, or irrigation contractors; the Division of Low-voltage Contractors, with re spect to applicants for a license to engage in or licensees engaging in the business of lowvoltage contracting; the Division of Utility Contractors with respect to applicants for a li cense to engage in or licensees engaging in the business of utility contracting and with re spect to applicants for a certificate to be a utility manager or utility foreman or holders of a utility manager or utility foreman certificate; and the Division of Conditioned Air Contrac tors, with respect to applicants for a license to engage in or licensees engaging in the busi ness of conditioned air contracting, shall:
(1) Approve examinations for all applicants for licenses or certificates, except for utility contractor licenses and utility foreman certificates. The Division of Electrical Contractors shall approve separate examinations for Class I and Class II licenses. Class I licenses shall be restricted to electrical contracting involving single-phase electrical installations which do not exceed 200 amperes at the service drop or the service lateral, and Class II licenses shall be unrestricted. The Division of Master Plumbers and Journeyman Plumbers shall approve separate examinations for Master Plumber Class I, Master Plumber Class II, and Journey man Plumbers, and irrigation contractors. Master Plumber Class I licenses shall be re stricted to plumbing involving single-family dwellings and one-level dwellings designed for

MONDAY, FEBRUARY 7, 1994

453

not more than two families and commercial structures not to exceed 10,000 square feet in area. Master Plumber Class II licenses shall be unrestricted. The Division of Conditioned Air Contractors shall approve separate examinations for Class I and Class II licenses. Class I license shall be restricted to the installation, repair, or service of conditioned air systems or equipment not exceeding 175,000 BTU (net) of heating and five tons (60,000 BTU) of cool ing. Class II licenses shall be unrestricted. The Division of Low-voltage Contractors shall approve separate examinations for Low-voltage Contractor Class LV-A, Low-voltage Con tractor Class LV-T, Low-voltage Contractor Class LV-U, and Low-voltage Contractor Class LV-G. Class LV-A licenses shall be restricted to alarm and general system low-voltage con tracting, Class LV-T licenses shall be restricted to telecommunication and general system low-voltage contracting, Class LV-G licenses shall be restricted to general system low-volt age contracting, and Class LV-U licenses shall be unrestricted and permit the performance of alarm, telecommunication, and general system low-voltage contracting;
(2) Register and license or grant a certificate and issue renewal licenses and renewal certificates biennially to all persons meeting the qualifications for a license or certificate. The following licenses or certificates shall be issued by the divisions:
(A) Electrical Contractor Class I;
(B) Electrical Contractor Class II;
(C) Master Plumber Class I;
(D) Master Plumber Class II;
(E) Journeyman Plumber;
(F) Irrigation Contractor;
{F} (G) Conditioned Air Contractor Class I;
{G> (H) Conditioned Air Contractor Class II;
{H} (I) Low-voltage Contractor Class LV-A;
{!} (J) Low-voltage Contractor Class LV-T;
W (K) Low-voltage Contractor Class LV-G;
4K} (L) Low-voltage Contractor Class LV-U;
{fc} (M) Utility Contractor; Class A;
{M> (N) Utility Contractor; Class B;
{N} (0) Utility Contractor; Class U;
<O> (P) Utility Manager (certificate); and
<P> (Q) Utility Foreman (certificate);
(3) Investigate, with the aid of the joint-secretary, alleged violations of this chapter or other laws and rules and regulations of the board relating to the profession;
(4) After notice and hearing, have the power to reprimand any person, licensee, or cer tificate holder, or to suspend, revoke, or cancel the license or certificate of or refuse to grant, renew, or restore a license or certificate to any person, licensee, or certificate holder upon any one of the following grounds:
(A) The commission of any false, fraudulent, or deceitful act or the use of any forged, false, or fraudulent document in connection with the license or certificate requirements of this chapter or the rules and regulations of the board;
(B) Failure at any time to comply with the requirements for a license or certificate under this chapter or the rules and regulations of the board;
(C) Habitual intemperance in the use of alcoholic spirits, narcotics, or stimulants to

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such an extent as to render the license or certificate holder unsafe or unfit to practice any profession licensed or noncertified under this chapter;
(D) Engaging in any dishonorable or unethical conduct likely to deceive, defraud, or harm the public;
(E) Knowingly performing any act which in any way assists an unlicensed or noncerti fied person to practice such profession;
(F) Violating, directly or indirectly, or assisting in or abetting any violation of any pro vision of this chapter or any rule or regulation of the board;
(G) The performance of any faulty, inadequate, inefficient, or unsafe electrical plumb ing, low-voltage contracting, utility contracting, or conditioned air work likely to endanger life, health, or property. The performance of any work that does not comply with the stan dards set by state codes or by local codes in jurisdictions where such codes are adopted, provided that such local codes are as stringent as the state codes, or by other codes or regulations which have been adopted by the board, shall be prima-facie evidence of the faulty, inadequate, inefficient, or unsafe character of such electrical, plumbing, low-voltage contracting, utility contracting, or conditioned air work; provided, however, that the board, in its sole discretion, for good cause shown and under such conditions as it may prescribe, may restore a license to any person whose license has been suspended or revoked;
(H) With respect to utility contractors, the bidding by such a utility contractor in ex cess of license coverage;
(I) With respect to utility contractors, violations of Chapter 9 of Title 25; or
(J) Any sanction issued in connection with Occupational Safety and Health Administra tion (OSHA) safety standards;
(5) Review amendments to or revisions in the state minimum standard codes as pre pared pursuant to Part 1 of Article 1 of Chapter 2 of Title 8; and the Department of Com munity Affairs shall be required to provide to the joint-secretary a copy of any amendment to or revision in the state minimum standard codes at least 45 days prior to the adoption thereof; and
(6) Do all other things necessary and proper to exercise their powers and perform their duties in accordance with this chapter."
Section 5. Said chapter is further amended by inserting at the end of subsection (b) of Code Section 43-14-8, relating to the requirement of licensing for electrical, plumbing, or conditioned air contractors, the following:
"(3) No person shall engage in the business of irrigation contracting unless such person has a valid license from the Division of Master Plumbers and Journeyman Plumbers."
Section 6. Said chapter is further amended by inserting immediately following subsec tion (g) of Code Section 43-14-8, relating to the requirement of licensing for electrical, plumbing, or conditioned air contractors, the following:
"(g-1) No partnership, limited liability company, or corporation shall have the right to engage in the business of irrigation contracting unless there is regularly connected with such partnership, limited liability company, or corporation a person or persons actually engaged in the performance of such business on a full-time basis who have valid licenses for irriga tion contractors issued to them as provided in this chapter."
Section 7. This Act shall become effective upon necessary appropriations being specifi cally made by the General Assembly to fund this Act.
Section 8. 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.

MONDAY, FEBRUARY 7, 1994

455

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 Blitch Boshears Bowen Broun of 46th Burton Clay Coleman Edge

Gillis Hemmer Hooks Huggins Isakson Middleton Newbill Oliver Pollard

Ragan of 32nd Ralston Ray Robinson Scott Thomas Thompson Turner Tysinger

Those voting in the negative were Senators:

Alien Balfour Baugh Brown of 26th CChroetetks s
Day
Dean
Egan

Farrow Glanton Gochenour Guhl HHeanrbsiosnon
Hill
Kemp
Langford of 29th

Madden Marable McGuire perdue R_ a*an of llth,
slotin
Starr
Taylor

Those not voting were Senators:

Langford of 35th

Parrish

Walker

On the passage of the bill, the yeas were 27, nays 26.
The bill having failed to receive the requisite constitutional majority, was lost.
Senator Edge of the 28th gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating HB 516.

The following bill was taken up to consider the House action thereto:

SB 149. By Senator Abernathy of the 38th:
A bill to amend Article 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing and documents, so as to require all state agencies to include the classification "multiracial" on all forms requesting information on racial identification; to amend Chapter 2 of Title 20 of the Official Code of Geor gia Annotated, relating to elementary, secondary, and adult education, so as to require all public schools to include the classification "multiracial" on all school forms requesting information on racial identification.
The House substitute was as follows:

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 require all state agencies to include the classification "multiracial" on all forms requesting information on racial identifi cation; to provide for reporting racial data to federal agencies; to provide definitions; to

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amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elemen tary, secondary, and adult education, so as to require all public schools to include the classi fication "multiracial" on all school forms requesting information on racial identification; to amend Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions relating to labor and industrial relations, so as to require all employment forms and applications to include the classification "multiracial"; to provide definitions; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing and documents, is amended by adding at the end thereof a new article, to be designated Article 7, to read as follows:
"ARTICLE 7
50-18-135. (a) As used in this article, the term:
(1) 'Multiracial' means having parents of different races.
(2) 'State agency' means any state department, board, bureau, commission, authority, council, committee, and any other state agency or instrumentality.
(b) All written forms, applications, questionnaires, and other written documents or ma terial produced by or for or used by any state agency which request information on the racial or ethnic identification of a respondent and which contain an enumeration of racial and ethnic classifications from which such respondent must select one shall include among their choices the classification 'multiracial.'
(c) No such written document or computer software described in subsection (b) of this Code section shall bear the designation 'other' as a racial or ethnic classification after July 1, 1994, unless such document was printed and in stock before July 1, 1994.
(d) In any instance in which it is required that racial data collected by a state agency be reported to a federal agency, the computation of all persons designated on state forms or other documents as multiracial shall be reported by such state agency as multiracial. How ever, if any such federal agency deems the multiracial designation unacceptable, then the reporting state agency shall, upon resubmission of such data, redesignate the multiracial population by allocating a percentage of the number of persons comprising such population to each federally acceptable racial or ethnic classification at the same rate as each such classification comprises the general population of the collected group."
Section 2. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, is amended by adding at the end thereof a new Article 30 to read as follows:
"ARTICLE 30
20-2-2040. As used in this article, the term 'multiracial' means having parents of differ ent races.
20-2-2041. (a) All written forms, applications, questionnaires, and other written docu ments or materials produced by or for or used by any public elementary or secondary school in the state which request information on the racial or ethnic identification of a respondent and which contain a list of racial and ethnic classifications from which such respondent must select one shall include among their choices the classification 'multiracial.'
(b) No such written document or computer software described in subsection (a) of this Code section shall bear the designation 'other' as a racial or ethnic classification after July 1, 1994, unless such document was printed and in stock before July 1, 1994."
Section 3. Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions relating to labor and industrial relations, is amended by adding at the end thereof a new Code Section 34-1-5 to read as follows:

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457

"34-1-5. (a) As used in this Code section, the term 'multiracial' means having parents of different races.
(b) All written forms, applications, questionnaires, and other written documents or materials produced by or for or used by any person, firm, association, or corporation con ducting business within this state requiring the employment of labor which request informa tion on the racial or ethnic identification of an employee and which contain a list of racial and ethnic classifications from which such employee must select one shall include among their choices the classification 'multiracial.'
(c) No such written document or computer software described in subsection (b) of this Code section shall bear the designation 'other' as a racial or ethnic classification after July 1, 1994, unless such document was printed and in stock before July 1, 1994.
(d) The failure of any person, firm or corporation to comply with the provisions of this Code section shall not be construed to create any civil cause of action."
Section 4. This Act shall become effective July 1, 1994, and the provisions of this Act shall apply to those forms, applications, questionnaires, and other written documents printed or typed or otherwise originating after July 1, 1994; provided, however, that all doc uments printed and in stock on July 1, 1994, which bear the racial designation "other" shall be used and the stock depleted prior to reordering under the provisions of this Act even if the date occurs after July 1, 1994.
Section 5. All laws and parts of laws in conflict with this Act are repealed.
Senator Abernathy of the 38th moved that the Senate agree with the House substitute to SB 149.
On the motion, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Abernathy Alien Balfour
Baugh Blitch Boshears
nBroWuenn off 4, c6tth>, BBruorwtonn of 26th Cheeks Qjay Coleman Crotts Dav Dean Edge Egan

Farrow Gillis Glanton
Gochenour Guhl Harbison
,,H.e,,mmer ,,*,ks Huggms Isakson Kemp Langford of 29th Madden Marable McGuire Middleton

Those not voting were Senators:

Newbill Oliver Perdue
Pollard Ragan of llth Ragan of 32nd
RRalston ,,Rob.inson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger

Henson Langford of 35th

Parrish

Walker

On the motion, the yeas were 52, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 149.

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The Calendar was resumed.

HB 1179. By Representative Lane of the 55th:
A bill to amend Code Section 36-42-4 of the Official Code of Georgia Annotated, relating to Downtown Development Authority directors, so as to change the length of the term of the directors of such authorities.
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 Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Clay Coleman Crotts Day Dean Edge

Egan Farrow Gillis Glanton Gochenour Guhl Harbison Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable McGuire

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

Voting in the negative was Senator Cheeks.

Those not voting were Senators:

Hemrner Henson Langford of 35th

Parrish Ragan of llth

Tysinger Walker

On the passage of the bill, the yeas were 48, nays 1. The bill, having received the requisite constitutional majority, was passed.

HB 1208. By Representatives Thomas of the 100th, Bostick of the 165th, Chambless of the 163rd and Hammond of the 32nd:
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 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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459

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

Those voting in the affirmative were Senators:

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

Farrow Gillis Glanton Gochenour Guhl Harbison Hemmer Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable McGuire 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:

Blitch Henson

Langford of 35th Parrish

Walker

On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 1218. By Representatives Thomas of the 100th, Bostick of the 165th and Chambless of the 163rd:

A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in Title 47 of the Official Code of Georgia Annotated, and in Acts of the General Assembly amending Title 47 of the Official Code of Georgia
Annotated.

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 Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts

Day Dean Edge Egan Farrow Gillis Glanton Gochenour Guhl Harbison Hemmer Hill Hooks

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

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Ralston Ray Robinson Scott

Slotin Starr Taylor Thomas

Thompson Turner Tysinger

Those not voting were Senators:

Blitch Henson

Huggins Langford of 35th

Parrish Walker

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

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

HB 1219. By Representatives Thomas of the 100th, Bostick of the 165th, Chambless of the 163rd and Hammond of the 32nd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated, and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated.

Senate Sponsor: Senator 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 Boshears

Gochenour Guhl Harbison Hemmer

Bowen Broun of 46th Brown of 26th

Henson Hm Hookg

Oliver Perdue Pollard Ragan of llth
Ragan of 32nd Ralston Ray

Cheek" PI

Huggins Isakson

Robinson Scott

Coleman
Dean Edge Egan Gillis

KemP Langford of 29th Madden Marable McGuire Middleton Newbill

Slotin Starr Taylor Thomas Turner Tysinger Walker

Those not voting were Senators:

Baugh Blitch Farrow

Glanton Langford of 35th

Parrish Thompson

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

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

SB 492. By Senators Thompson of the 33rd, Madden of the 47th, Marable of the 52nd and others:
A bill to amend Chapter 15 of Title 19 of the Official Code of Georgia Annotated, relating to child abuse, so as to provide for a committee in each judicial circuit to adopt a written child abuse protocol; to provide for the combination or expansion

MONDAY, FEBRUARY 7, 1994

461

of county committees and county protocols; to provide for the continuation of county committees in single-county circuits; to remove obsolete dates.
Senator Thompson of the 33rd moved that SB 492 be postponed until February 11, 1994.
On the motion, the yeas were 38, nays 0; the motion prevailed, and SB 492 was postponed.

SB 433. By Senators Farrow of the 54th, Ralston of the 51st and Oliver of the 42nd:
A bill to amend Code Section 19-12-1 of the Official Code of Georgia Annotated, relating to the petition for name change and consent of a minor's parents or guardian, so as to provide that the written consent of a parent shall not be re quired if the parent has not contributed to the support of the child for a period of one year or longer immediately preceding the filing of the petition.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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 BrB>orowuenn of. 46th, Brown of 26th Burton Clay Coleman Crotts Dean
Egan

Farrow Gillis Guhl Hemmer Henson .HH_oilol k. s Huggins Isakson Kemp Langford of 29th Madden Marable
Middleton

Oliver Ragan of llth Ragan of 32nd Ralston j^ay uRoub-inson
Starr Thomas Turner Tysinger Walker

Those voting in the negative were Senators:

Cheeks Day Edge Glanton

Gochenour Harbison McGuire

Newbill Pollard Taylor

Those not voting were Senators:

Blitch Langford of 35th

Parrish Perdue

Thompson

On the passage of the bill, the yeas were 41, nays 10. The bill, having received the requisite constitutional majority, was passed.

SB 442. By Senators Oliver of the 42nd and Thomas of the 10th:
A bill to amend Article 3 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to employees' records checks for day-care centers, so as to provide for preliminary records check determinations in addition to fingerprint records check determinations for a foster care home parent or parents used by licensed child-placing agencies; to provide an effective date.

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JOURNAL OF THE SENATE

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Boshears
oWen , v Broun of 46th BrB,ruorwt,onn of 26th Cheeks Clay Coleman Crotts Day Dean Edge Egan Farrow

Gillis Glanton Gochenour Guhl Harbison
Hemmer Henson HTHToilol ki s Huggins Isakson Kemp Langford of 29th Madden Marable McGuire Middleton Newbill

Oliver Perdue Pollard Ragan of llth Ragan of 32nd Ralston p> av PKofb.mson
btarr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Blitch

Langford of 35th

Parrish

On the passage of the bill, the yeas were 53, nays 0. The bill, having received the requisite constitutional majority, was passed. The following bill was taken up to consider House action thereto:

SB 199. By Senators Ragan of the llth, Bowen of the 13th, Hooks of the 14th and others:
A bill to amend Code Section 43-30-1 of the Official Code of Georgia Annotated, relating to definitions affecting the regulation of the profession of optometry, so as to provide for the use of certain pharmaceutical agents by doctors of optometry.

The House amendment was as follows:
Amend SB 199 by adding Section H, page 4, line 22
Nothing in this chapter shall be construed to allow a doctor of optometry to dispense pharmaceutical agents to patients.
Senator Ragan of the llth moved that the Senate agree to the House amendment to SB 199.
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

MONDAY, FEBRUARY 7, 1994

463

Edge Egan Farrow Gillis Glanton Gochenour Guhl HHeamrbmisoern Henson
Hill
Hooks Huggins

Isakson Kemp Langford of 29th Madden Marable McGuire Middleton NOleiwvebrill Perdue
Pollard
Ragan of llth Ragan of 32nd

Those not voting were Senators:

Abernathy

Langford of 35th

Ralston Ray Robinson Scott Slotin Starr ,,, ,Ti*hyolmoras Thompson Turner Tysinger Walker
Parrish

On the motion, the yeas were 53, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 199.
The Calendar was resumed.

SB 452. By Senator Broun of the 46th:
A bill to amend Code Section 50-27-13 of the Official Code of Georgia Annotated, relating to the disposition of state lottery proceeds, so as to provide for a shortfall reserve subaccount to be maintained within the Lottery for Education Account within the state treasury; to provide for the use of the funds in such shortfall reserve subaccount.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
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 BTB,ruorwt, onn of 26th Cheeks Clay Coleman
Crotts Day Dean Edge Egan

Farrow Gillis Glanton Gochenour Guhl Harbison Hemmer Henson THHJoilol ki s Huggins Isakson Kemp
Langford of 29th Madden Marable McGuire Middleton

Newbill Oliver Perdue Pollard Ragan Of llth Ragan of 32nd Ralston D cRKo^b;TMinsTMon ^ott flotm Starr
Taylor Thomas Thompson Turner Tysinger

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Those not voting were Senators:

Langford of 35th

Parrish

Walker

On the passage of the bill, the yeas were 53, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Robinson of the 16th, President Pro Tempore, assumed the Chair.

SB 465. By Senators Oliver of the 42nd, Thompson of the 33rd and Scott of the 36th:
A bill to amend Code Section 19-13-4 of the Official Code of Georgia Annotated, relating to protective orders and consent agreements in family violence cases, so as to provide that upon a showing of good cause, the court may extend an initial six-month protective order for a second six-month period; to provide for motions and hearings to convert temporary orders into permanent orders.

The Senate Judiciary Committee offered the following substitute to SB 465:

A BILL
To be entitled an Act to amend Code Section 19-13-4 of the Official Code of Georgia Annotated, relating to protective orders for family violence, so as to provide for the conver sion of such orders to permanent orders; to provide for notice and a hearing; 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 19-13-4 of the Official Code of Georgia Annotated, relating to protective orders for family violence, is amended by striking in its entirety subsection (c) and inserting in lieu thereof a new subsection to read as follows:
"(c) Any such orders granted under this Code section shall not remain in effect for more than six months; provided, however, that upon the motion of a petitioner and notice to the respondent and after a hearing, the court in its discretion may convert a temporary order granted under this Code section to a permanent orderT*
Section 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 42, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

Hooks Huggins Isakson Kemp Langford of 29th Madden Marable McGuire Middleton Newbill Oliver Perdue Pollard

MONDAY, FEBRUARY 7, 1994

465

Ragan of llth Ragan of 32nd Ralston Ray

Scott Slotin Starr Taylor

Those not voting were Senators:

Broun of 46th Langford of 35th

Parrish Robinson (presiding)

Thomas Thompson Turner Tysinger
Walker

On the passage of the bill, the yeas were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
SB 466. By Senators Oliver of the 42nd, Scott of the 36th and Thompson of the 33rd: A bill to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable, procedures, and schedule of bails, so as to remove acts of family violence or violations of protective orders or consent orders relating to acts of family violence from schedules of bails.
The Senate Judiciary Committee offered the following substitute to SB 466:
A BILL
To be entitled an Act to amend Article 1 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to general provisions relative to bonds and recognizances, so as to provide that certain persons arrested without a warrant upon acts of family violence shall not be eligible for bail prior to an appearance before a judicial officer; to provide for in creased bail and specific conditions for release for offenses involving an act of family vio lence; to provide for bail only before a judge in certain offenses involving family violence and serious injury; the provide a definition; to provide for related matters; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 1 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to general provisions relative to bonds and recognizances, is amended by striking in its entirety Code Section 17-6-1, relating to where offenses are bailable, procedure, schedule of bails, and appeal bonds, and inserting in lieu thereof the following:
"17-6-1. (a) The following offenses are bailable only before a judge of the superior court:
(1) Treason;
(2) Murder;
(3) Rape;
(4) Aggravated sodomy;
(5) Armed robbery;
(6) Aircraft hijacking;
(7) Aggravated child molestation;
(8) Manufacturing, distributing, delivering, dispensing, administering, selling, or pos sessing with intent to distribute any controlled substance classified under Code Section 1613-25 as Schedule I or under Code Section 16-13-26 as Schedule II;
(9) Violating Code Section 16-13-31, relating to trafficking in cocaine or marijuana; and
(10) Kidnapping, arson, aggravated assault, or burglary if the person, at the time of the alleged kidnapping, arson, aggravated assault, or burglary, had previously been convicted of,

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JOURNAL OF THE SENATE

was on probation or parole with respect to, or was on bail for kidnapping, arson, aggravated assault, burglary, or one or more of the offenses listed in paragraphs (1) through (9) of this subsection.
(b) (1) All offenses not included in subsection (a) of this Code section are bailable by a court of inquiry. At no time, either before a court of inquiry, when indicted, after a motion for new trial is made, or while an appeal is pending, shall any person charged with a misde meanor be refused bail.
(2) Except as otherwise provided in this chapter;:
(A) a A person charged with violating Code Section 40-6-391 whose alcohol concentra tion at the time of arrest, as determined by any method authorized by law, violates that provided in paragraph (4) of subsection (a) of Code Section 40-6-391 may be detained for a period of time up to six hours after booking and prior to being released on bail or on recog nizance:; and
(B) When an arrest is made by a law enforcement officer without a warrant upon an act of family violence pursuant to Code Section 17-4-20, the person charged with the offense shall not be eligible for bail prior to the arresting officer or some other law enforcement officer taking the arrested person before a judicial officer pursuant to Code Section 17-4-21.
(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 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.
(c) (1) In the event a person is detained in a facility other than a municipal jail for an offense which is bailable only before a judge of the superior court, as provided in subsection (a) of this Code section, and a hearing is held pursuant to Code Section 17-4-26 or 17-4-62, the presiding judicial officer shall notify the superior court in writing within 48 hours that the arrested person is being held without bail. If the detained person has not already peti tioned for bail as provided in subsection (d) of this Code section, the superior court shall notify the district attorney and shall set a date for a hearing on the issue of bail within 30 days after receipt of such notice.
(2) In the event a person is detained in a municipal jail for an offense which is bailable only before a judge of the superior court as provided in subsection (a) of this Code section for a period of 30 days, the municipal court shall notify the superior court in writing within 48 hours that the arrested person has been held for such time without bail. If the detained person has not already petitioned for bail as provided in subsection (d) of this Code section, the superior court shall notify the district attorney and set a date for a hearing on the issue of bail within 30 days after receipt of such notice.
(3) Notice sent to the superior court pursuant to paragraph (1) or (2) of this subsection shall include any incident reports and criminal history reports relevant to the detention of such person.
(d) A person charged with any ofTense which is bailable only before a judge of the supe rior court as provided in subsection (a) of this Code section may petition the superior court requesting that he such person be released on bail. The court shall notify the district attor ney and set a date for a hearing within ten days after receipt of such petition.

MONDAY, FEBRUARY 7, 1994

467

(e) A court shall be authorized to release a person on bail if the court finds that the person:
(1) Poses no significant risk of fleeing from the jurisdiction of the court or failing to appear in court when required;
(2) Poses no significant threat or danger to any person, to the community, or to any property in the community;
(3) Poses no significant risk of committing any felony pending trial; and
(4) Poses no significant risk of intimidating witnesses or otherwise obstructing the ad ministration of justice.
(f) (1) Except as provided in subsection (a) of this Code section, the judge of any court of inquiry may by written order establish a schedule of bails. 8uch schedule of bailo shall require increased bail if the offcnac involved an act of family violence, as defined in Code Section 10-18 1. Unless and unless otherwise ordered by the judge of any court, a person charged with committing any offense shall be released from custody upon posting bail as fixed in the schedule.
(2) For offenses involving an act of family violence, as defined in Code Section 19-13-1, the schedule of bails provided for in paragraph (1) of this subsection shall require increased bail and shall include a listing of specific conditions which shall include, but not be limited to, having no contact of any kind or character with the victim or any member of the victim's family or household, not physically abusing or threatening to physically abuse the victim, the immediate enrollment in and participation in domestic violence counseling, substance abuse therapy, or other therapeutic requirements.
(3) For offenses involving an act of family violence, the :H*e judge shall determine whetKer the conditions under which the schedule of bail bails~ahd one or more of its specific conditions shall be used, except that any offense involving an act of family violence, aa Je^ fined in~Codc Section 10-13-1, and involving serious injury to the victim shall be bailable only before a judicial officer judge when the judge or the arresting officer is of the opinion that the danger of further violence to or harassment or intimidation of the victim is such as to make it desirable that the consideration of the imposition of additional conditions as authorized in this Code section should be made. Upon setting bail in any case involving family violence, the judicial officer judge shall give particular consideration to the exigencies of the case at hand and shall impose any specific conditions as he or she may be deemed deem necessary, to prevent further acts of violence, harassment, or intimidation of witncMca. These conditions may include, but arc not limited to, having no contact of any kind or character with the victim or any member of the victim's family or household, the immedi ate enrollment in and participation in domcotie violence counseling, substance abuse ther apy, or other therapeutic requirements. As used in this Code section, the term 'serious in jury' means bodily harm capable of being perceived by a person other than the victim and may include, but is not limited to, substantially blackened eyes, substantially swollen lips or other facial or body parts, substantial bruises to body parts, fractured bones, or permanent disfigurements and wounds inflicted by deadly weapons or any other objects which, when used offensively against a person, are capable of causing serious bodily injury.
(g) No appeal bond shall be granted to any person who has been convicted of murder, rape, aggravated sodomy, armed robbery, aggravated child molestation, kidnapping, traffick ing in cocaine or marijuana, or aircraft hijacking and who has been sentenced to serve a period of incarceration of seven years or more. The granting of an appeal bond to a person who has been convicted of any other crime shall be in the discretion of the convicting court. Appeal bonds shall terminate when the right of appeal terminates, and such bonds shall not be effective as to any petition or application for writ of certiorari unless the court in which the petition or application is filed so specifies.
(h) Except in cases in which life imprisonment or the death penalty may be imposed, a judge of the superior court by written order may delegate the authority provided for in this Code section to any judge of any court of inquiry within such superior court judge's circuit.

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JOURNAL OF THE SENATE

However, such authority may not be exercised outside the county in which said judge of the court of inquiry was appointed or elected. The written order delegating such authority shall be valid for a period of one year, but may be revoked by the superior court judge issuing such order at any time prior to the end of that one-year period.
(i) As used in this Code section, the term 'bail' shall include the releasing of a person on fets such person's own recognizance."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 43, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Farrow Gillis Glanton Gochenour Guhl Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable McGuire

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

Those not voting were Senators:

Langford of 35th Parrish

Robinson (presiding)

Thompson

On the passage of the bill, the yeas were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
SB 467. By Senators Oliver of the 42nd, Thompson of the 33rd and Scott of the 36th:
A bill to amend Code Section 19-3-3 of the Official Code of Georgia Annotated, relating to filing of petition seeking relief from family violence, so as to provide that a hearing shall be held within ten days of the filing of the petition or as soon as practical thereafter, but in no case later than 30 days after the filing of the petition.

MONDAY, FEBRUARY 7, 1994

469

The Senate Judiciary Committee offered the following substitute to SB 467:
A BILL
To be entitled an Act to amend Code Section 19-13-3 of the Official Code of Georgia Annotated, relating to filing of petition seeking relief from family violence, so as to provide that a hearing shall be held within ten days of the filing of the petition or as soon as practi cal thereafter, but in no case later than 30 days after the filing of the petition; 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 19-13-3 of the Official Code of Georgia Annotated, relating to filing of petition seeking relief from family violence, is amended by striking subsection (c) in its entirety and inserting in its place the following:
"(c) Within ten days of the filing of the petition under this article or as soon as practi cal thereafter, but in no case later than 30 days after the filing of the petition, a hearing shall be held at which the petitioner must prove the allegations of the petition by a prepon derance of the evidence as in other civil cases. If a hearing is not held within te 30 days, the petition shall stand dismissed unless the parties otherwise agree."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 46, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Abernathy Baugh Blitch Broun of 46th Brown of 26th Cheeks Clay Farrow
Guhl
Harbison
Hemmer

Henson Hill Huggins Isakson Kemp Langford of 29th Madden Middleton
Oliver
Pollard
Ragan of llth

Those voting in the negative were Senators:

Ralston Ray Scott Slotin Starr _, , i*ylor Ihomas
Thompson
Turner
Walker

Alien Balfour Boshears BBouwrteonn
Coleman Crotts

Day Dean Edge EGgilalins
Glanton Gochenour

Hooks Marable McGuire Newb.l.1.1.
Ragan of 32nd Tysinger

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JOURNAL OF THE SENATE

Those not voting were Senators:

Langford of 35th Parrish

Perdue

Robinson (presiding)

On the passage of the bill, the yeas were 32, nays 20. The bill, having received the requisite constitutional majority, was passed by substitute.

SB 493. By Senators Thompson of the 33rd, Oliver of the 42nd, Marable of the 52nd and others:
A bill to amend an Act amending Title 19 of the Official Code of Georgia Anno tated, relating to domestic relations, so as to establish the State Children's Trust Fund and the State Children's Trust Fund Commission; to provide for an addi tional fee in divorce cases and for marriage licenses; and to provide for related matters so as to change the date of repeal of such Act.

Senator Thompson of the 33rd moved that SB 493 be postponed until February 11, 1994.
On the motion, the yeas were 38, nays 0, and the motion prevailed.

SB 514. By Senators Coleman of the 1st, Thompson of the 33rd, Alien of the 2nd and Kemp of the 3rd:
A bill to amend Article 3 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to security interests in and liens on motor vehicles, so as to provide that in the case of a motor vehicle or trailer, a transaction shall not cre ate a sales or security interest because it provides that the rental price is permit ted or required to be adjusted under the agreement by reference to the amount realized upon sale or other disposition of the motor vehicle or trailer.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
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
Borouen" o,f 4,,,6thu Brown of 26th Burton Cheeks day Coleman Crotts Day Dean Edge Egan

Farrow Gillis Glanton
Gochenour Guhl Harbison
HHeenmgmoner ..... "'", Hooks Huggins Isakson Kemp Langford of 29th Madden Marable McGuire

Middleton Newbill Oliver
Perdue Pollard Ragan of llth
RRaaglsatnonof 32nd ,, *** Scott Slotin Starr Thomas Thompson Turner Tysinger Walker

MONDAY, FEBRUARY 7, 1994

471

Those not voting were Senators:

Langford of 35th Parrish

Robinson (presiding)

Taylor

On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 518. By Senators Bowen of the 13th and Pollard of the 24th:
A bill to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to the issuance, expiration, and renewal of drivers' licenses, so as to change the provisions relating to instruction permits and temporary li censes; to change the provisions relating to who may apply for such instruction permits or temporary licenses.

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

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

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

Those not voting were Senators:

Glanton Langford of 35th

Parrish Robinson (presiding)

Scott

On the passage of the bill, the yeas were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The President resumed the Chair.
SB 525. By Senators Dean of the 31st, Broun of the 46th and Brown of the 26th:
A bill to amend Code Section 12-3-524 of the Official Code of Georgia Annotated, relating to the general powers of the Georgia Music Hall of Fame Authority, so as to authorize the authority to incorporate one or more nonprofit corporations as subsidiary corporations of the authority for the purpose of carrying out any of the powers of the authority and to accomplish any of the purposes of the authority.

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JOURNAL OF THE SENATE

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Balfour Baugh Blitch Boshears Bowen Brown of 26th BnCC,lhuaeryteok, ns Coleman
Crotts Day Dean Edge Egan Farrow

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

Oliver Perdue Pollard Ragan of llth Ragan of 32nd Rnlston ~St uR0coo;b,titnson lotin
starr Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Broun of 46th

Guhl Langford of 35th

Parrish Taylor

On the passage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 536. By Senators Scott of the 36th, Broun of the 46th and Coleman of the 1st: A bill to amend Article 1 of Chapter 21 of Title 43 of the Official Code of Georgia Annotated, relating to the rights, duties, and liabilities of innkeepers, so as to provide that a written statement setting forth the time period during which a guest may occupy an assigned room when signed or initialed by the guest shall be a valid and enforceable contract; to provide an effective date.
The Senate Economic Development, Tourism, and Cultural Affairs Committee offered the following amendment:
Amend SB 536 by striking from the title on line 10 of page 1 the following:
"without liability"
and inserting in lieu thereof the following:
"to a secure place where the guest may recover his or her property, without liability to the innkeeper,"
By striking from line 26 of page 1 the words "without liability" and inserting in lieu thereof the following:
"to a secure place where the guest may recover his or her property, without liability to the innkeeper".
On the adoption of the amendment, the yeas were 45, nays 2, and the amendment was adopted.

MONDAY, FEBRUARY 7, 1994

473

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 Gillis Guhl Harbison Hemmer Henson Hill Hooks Isakson Kemp Langford of 29th Madden Marable McGuire 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 Glanton and Gochenour.

Those not voting were Senators:

Huggins

Langford of 35th

Parrish

On the passage of the bill, the yeas were 51, nays 2. The bill, having received the requisite constitutional majority, was passed as amended.

SB 551. By Senator Broun of the 46th:
A bill to amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs in general, so as to provide for the qualifications of persons desiring to run for sheriff; to provide for attendance of peace officers' training courses.

Senator Broun of the 46th offered the following amendment:
Amend SB 551 by inserting on line 14 of page 4 between the words "sheriff' and "shall" the following:
"and who is otherwise qualified".
On the adoption of the amendment, the yeas were 43, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, 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

474

JOURNAL OF THE SENATE

Burton Cheeks Clay Coleman Crotts Day Dean Edge Egan Gillis Glanton Gochenour Guhl Harbison

Hemmer Hill Hooks Isakson Kemp Langford of 29th Madden Marable McGuire Middleton Newbill Oliver Perdue Pollard

Those not voting were Senators:

Farrow Henson

Huggins Langford of 35th

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

On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed as amended.

SR 426. By Senator Bowen of the 13th:
A resolution recognizing the Georgia State Cotton Museum and Dooly County Welcome Center as the state's official Cotton Museum.

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 BrB,rroowunn ooffe 4r2>66^ttihh_ BChuerteokns Clay
Coleman Crotts Day Dean Edge Egan

Farrow Gillis Glanton Gochenour Guhl Harbison Hemmer HiHi-eiilnil son HIsoakoskosn Kemp
Langford of 29th Madden Marable McGuire Middleton Newbill

Oliver Perdue Pollard Ragan of llth Ragan of 32nd Ralston ^ nr,,tou.,-inson * l?ot.ln Starr
Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Huggins

Langford of 35th

Parrish

MONDAY, FEBRUARY 7, 1994

475

On the adoption of the resolution, the yeas were 53, nays 0. The resolution, having received the requisite constitutional majority, was adopted.
SR 455. By Senator Hooks of the 14th: A resolution proclaiming February as Camellia Festival 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 Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Day Dean Edge Egan

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

Those not voting were Senators:

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

Huggins

Langford of 35th

Parrish

On the adoption of the resolution, the yeas were 53, nays 0. The resolution, having received the requisite constitutional majority, was adopted.
Senator Ray of the 19th moved that the Senate do now adjourn until 9:30 A.M. to morrow; the motion prevailed, and the President announced the Senate adjourned at 3:42 P.M.

476

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Tuesday, February 8, 1994
Seventeenth Legislative Day

The Senate met pursuant to adjournment at 9:30 A.M. today and was called to order by the President.
Senator Muggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct.
Senator Edge of the 28th moved that the Senate reconsider its action on Monday, Feb ruary 7, in defeating the following bill of the House:

HB 516. By Representatives Smith of the 174th and Byrd of the 170th:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-volt age contractors, and utility contractors, so as to provide for the licensing of irri gation contractors and for requirements and qualifications relative thereto.

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

Those voting in the affirmative were Senators:

Alien Balfour Blitch Boshears
Bowen Broun of 46th Brown of 26th
Bryu-grgtoi.n QJ Coleman Crotts Dean Edge Egan Gillis

Glanton Gochenour Guhl Harbison
Henson Rm
TIsakfson Kemp Langford of 29th Madden Marable McGuire Middleton Newbill

Oliver Parrish Pollard Ragan of llth
Ragan of 32nd Ralston R
rR> obu-inson Scott Slotin Taylor Thomas Thompson Turner Tysinger

Voting in the negative was Senator Baugh.

Those not voting were Senators:

Abernathy Day Farrow

Hemmer Hooks Langford of 35th

Perdue Starr Walker

On the motion, the yeas were 46, nays 1; the motion prevailed, and HB 516 was recon sidered and placed at the bottom of the Senate Calendar.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.

TUESDAY, FEBRUARY 8, 1994

477

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 1583. By Representative Greene of the 158th:
A bill to amend an Act creating the Board of Commissioners of Randolph County, so as to reapportion the commissioner districts for the purpose of elect ing members of the board of commissioners.
HB 1609. By Representative Hudson of the 156th:
A bill to amend an Act incorporating the City of Ocilla, so as to change the provi sions relating to the assessment, levy, and collection of an ad valorem tax by the mayor and aldermen on the real and personal property within the corporate lim its of the city.
HB 1614. By Representative Greene of the 158th:
A bill to amend an Act relating to the Board of Education of Stewart County and providing for the election of the members thereof, so as to provide for the elec tion of members of the board of education; to provide for education districts.
HB 1625. By Representatives Buck of the 135th, Culbreth of the 132nd, Hugley of the 133rd, Smith of the 102nd, Smyre of the 136th and others:
A bill to amend an Act further defining and prescribing the powers and duties of the Columbus Airport Commission, so as to provide for the appointment of air port commission police.
HB 1631. By Representative Greene of the 158th:
A bill to amend an Act creating the Board of Commissioners of Clay County, so as to change the provisions relating to the clerk of the board of commissioners; to provide for other matters relating to the board of commissioners.
HB 1633. By Representatives Harris of the 112th and Bargeron of the 120th:
A bill to amend an Act providing for the appointment of the chief magistrate of the Magistrate Court of McDuffie County by the judges of superior court, so as to provide that the chief magistrate shall be elected.
HB 914. By Representative Culbreth of the 132nd:
A bill to amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and general requirements for the transaction of insur ance, so as to revise the requirements of the amount of capital stock or surplus necessary for authorization to transact insurance in this state.
HB 1361. By Representatives Buck of the 135th, Royal of the 164th, Skipper of the 137th, Jamieson of the 22nd, Culbreth of the 132nd and others:
A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions of the "Georgia Public Revenue Code," so as to revise provisions relating to Georgia taxes; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby to incorporate provi sions of federal law into Georgia law.

478

JOURNAL OF THE SENATE

HB 1330. By Representatives Martin of the 47th, Childers of the 13th, Murphy of the 18th and Jenkins of the 110th:
A bill to amend Chapter 10A of Title 43 of the Official Code of Georgia Anno tated, relating to licensure by the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists, so as to pro vide an exemption from licensure for certain additional counselors.
HB 1455. By Representatives Byrd of the 170th, Holmes of the 53rd, Birdsong of the 123rd, Parham of the 122nd, Reaves of the 178th and others:
A bill to amend Article 3 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to salary deductions for public officers and employees, so as to permit state government employees, on a voluntary basis, to make payroll de ductions to not-for-profit organizations providing tangible services and benefits to state government or state government employees.
HB 1363. By Representatives Buck of the 135th, Royal of the 164th, Skipper of the 137th, Jamieson of the 22nd, Culbreth of the 132nd 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 change certain provi sions regarding special withholding requirements.
HB 1420. By Representatives Walker of the 141st, Groover of the 125th, Bostick of the 165th and Murphy of the 18th:
A bill to amend Article 2 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to conveyances of property, so as to provide that remainders, whether vested or contingent, executory interests, and other expectant estates are alienable in the same manner as estates in possession and may be freely con veyed inter vivos.
HB 1192. By Representative Greene of the 158th:
A bill to amend Code Section 21-3-60 of the Official Code of Georgia Annotated, relating to terms of municipal officers elected in 1989, 1990, 1991, and 1992 and offices with terms of four years or greater, so as to provide for terms of office of municipal officers who were elected in 1988 for terms of office of six years.
HB 1322. By Representatives Trense of the 44th, Sinkfield of the 57th, Campbell of the 42nd, Martin of the 47th and Ashe of the 46th:
A bill to amend Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to child abuse and deprivation records, so as to provide that identified foster parents and child-placing agencies be given access to all records regarding children being considered for foster care placement.
HB 1506. By Representatives Felton of the 43rd, Campbell of the 42nd, Barnes of the 33rd, Cauthorn of the 35th, Klein of the 39th and others:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to creation of county boards of equalization, so as to provide for addi tional qualifications of members of county boards of equalization in any county of this state having a population of 400,000 or more according to the United States decennial census of 1990 or any future such census.
HB 1481. By Representatives Hughes of the 19th, Carrell of the 87th, Skipper of the 137th, Childers of the 13th, Williams of the 114th and others:
A bill to amend Code Section 49-2-2 of the Official Code of Georgia Annotated, creating the Board of Human Resources, so as to prohibit certain lobbyists from serving on that board and provide for vacancies thereon.

TUESDAY, FEBRUARY 8, 1994

479

HB 1368. By Representatives Buck of the 135th, Royal of the 164th, Skipper of the 137th, Jamieson of the 22nd, Culbreth of the 132nd and others:
A bill to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to specify that proceeds of any lottery prize awarded by the Georgia Lottery Corporation are included within the taxable net income of taxable nonresidents.
HB 1378. By Representatives Clark of the 40th, Atkins of the 29th, Powell of the 23rd, Watson of the 139th, Chandler of the 99th and others:
A bill to amend Code Section 16-9-56 of the Official Code of Georgia Annotated, relating to fraudulent attempts to obtain refunds, so as to change which informa tion is prohibited from being given to obtain refunds.
HB 1369. By Representatives Buck of the 135th, Royal of the 164th, Skipper of the 137th, Jamieson of the 22nd, Culbreth of the 132nd and others:
A bill to amend Code Section 48-7-101 of the Official Code of Georgia Annotated, relating to income tax withholding, so as to authorize the state revenue commis sioner to promulgate regulations for withholding tax with respect to proceeds of certain lottery prizes.
HB 1388. By Representatives Buck of the 135th, Royal of the 164th, Skipper of the 137th, Jamieson of the 22nd and Culbreth of the 132nd:
A bill to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, known as the "Employment Security Law," so as to provide an unemployment tax amnesty program.
HB 1199. By Representatives Thomas of the 100th, Chambless of the 163rd, Simpson of the 101st and Lee of the 94th:
A bill to amend Article 2A of Chapter 5 of Title 21 of the Official Code of Geor gia Annotated, relating to limits on contributions to candidates for public office, so as to provide for limits on contributions to influence voter approval or rejec tion of proposed constitutional amendments, state-wide referenda, or proposed questions which are to appear on the ballot in any county or municipal election.
HB 1561. By Representatives Dixon of the 150th, Bordeaux of the 151st, Buck of the 135th, Murphy of the 18th and Johnson of the 153rd:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxation, so as to provide an exemption with respect to the use of certain cargo containers and related chassis in intrastate or interstate commerce.
HB 1415. By Representative Lane of the 55th:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local governments, so as to change the standards under which audits of the finan cial affairs and transactions of certain local governments are conducted.
HB 1341. By Representative Streat of the 167th:
A bill to amend Chapter 45 of Title 43 of the Official Code of Georgia Annotated, known as the "Structural Pest Control Act," so as to require each applicant for a license to operate a structural pest control business and each licensee seeking renewal of a license to submit a certificate of insurance coverage to the State Structural Pest Control Commission showing that such business is insured against liability for damages to persons or property.

480

JOURNAL OF THE SENATE

HB 572. By Representatives Martin of the 47th, Cauthorn of the 35th and Hammond of the 32nd:
A bill to amend Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to the regulation of specialized land transactions, so as to provide for the suspension of services provided to a unit owner under certain circumstances.
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 877. By Representatives Porter of the 143rd, Jamieson of the 22nd, Harris of the 112th, Parham of the 122nd, Lane of the 55th and others:
A resolution recognizing May 17, 1994, as Bike-to-Work Day in Georgia.
The House has passed by the requisite constitutional majority the following bill of the House:
HB 1337. By Representatives Birdsong of the 123rd, Jenkins of the 110th and Smith of the 109th:
A bill to amend Article 3 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to the disposition of property seized by law enforcement agencies, so as to provide that any weapon the possession or carrying of which constitutes a crime or delinquent act shall be subject to forfeiture.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 597. By Senator Boshears of the 6th:
A bill to provide a homestead exemption from Pierce County ad valorem taxes for county purposes in an amount equal to the amount of the assessed value of the homestead which exceeds the assessed value of that homestead for the taxa ble year immediately preceding the taxable year in which that exemption is first granted to a resident for certain residents of that county who have annual in comes not exceeding $30,000.00 and who are 62 years of age or over.
Referred to Committee on Urban and County Affairs.
SB 598. By Senator Boshears of the 6th:
A bill to amend an Act providing for the composition and selection of the board of education of Pierce County, as amended, so as to provide for the nonpartisan nomination and election of the members of such board.
Referred to Committee on Urban and County Affairs.
SB 599. By Senator Boshears of the 6th:
A bill to amend an Act providing for the composition and selection of the board of education of Pierce County, as amended, so as to change the descriptions of the education districts of the board and provide for definitions and inclusions of parts of education districts; to provide for the submission of this Act to the United States Attorney General.
Referred to Committee on Urban and County Affairs.

TUESDAY, FEBRUARY 8, 1994

481

SB 600. By Senator Boshears of the 6th:
A bill to amend an Act creating a board of commissioners of Pierce County, as amended, so as to change the descriptions of the commissioner districts of the board and provide for definitions and inclusions of parts of commissioner dis tricts; to provide for the submission of this Act to the United States Attorney General.
Referred to Committee on Urban and County Affairs.
SB 601. By Senators Hemmer of the 49th, Henson of the 55th, Pollard of the 24th and others:
A bill to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, known as the "Georgia Boat Safety Act," so as to change the defini tion of certain terms; to provide for the carriage and use of personal flotation devices aboard vessels; to limit the hours of operation of personal watercraft; to provide for an observer in vessels towing persons on water skis or similar devices; to provide an effective date.
Referred to Committee on Natural Resources.
SB 602. By Senators Turner of the 8th and Balfour of the 9th:
A bill to amend Code Section 50-17-59 of the Official Code of Georgia Annotated, relating to deposits of securities in lieu of bonds of state depositories, so as to provide that securities guaranteed by the Federal Home Loan Mortgage Corpora tion, the Federal National Mortgage Association, and certain other entities may be pledged as collateral to secure public deposits.
Referred to Committee on Banking and Financial Institutions.
SB 603. By Senator Walker of the 22nd:
A bill to amend Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, so as to change the provisions relating to the conditions under which such boards serve as community service boards and to provide that such boards of health will be and be able to contract with those community service boards under certain circumstances; to amend Title 31 of the Official Code of Georgia Annotated, relating to mental health, so as to provide for limitations upon when persons should serve on regional boards.
Referred to Committee on Health and Human Services.
SB 604. By Senator Henson of the 55th:
A bill to amend an Act to create and establish for and in the County of DeKalb a court to be known as the recorder's court of DeKalb County, as amended, so as to provide the court with authority to assess fines for traffic violations not to exceed the sum of $1,000.00.
Referred to Committee on Judiciary.
SB 605. By Senators Gochenour of the 27th and Glanton of the 34th:
A bill to amend Article 1 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage generally, so as to provide for convenant mar riage; to provide for a declaration of intent to enter into a convenant marriage; to provide for legal separation within a convenant marriage.
Referred to Committee on Judiciary.

482

JOURNAL OF THE SENATE

SB 606. By Senators Hemmer of the 49th, Hooks of the 14th, Edge of the 28th and others:
A bill to amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to provide a statement of purpose; to designate and observe the third week in October of each year as "Clean Water Week" in Georgia.
Referred to Committee on Natural Resources.
SB 607. By Senators Hemmer of the 49th, Henson of the 55th, Robinson of the 16th and others:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions relative to the General Assembly, so as to provide that a notice of intention to introduce local legislation be provided to the gov erning authority of any county or municipal corporation affected by such legislation.
Referred to Committee on Urban and County Affairs (General).
SB 608. By Senators Hemmer of the 49th, Robinson of the 16th, Henson of the 55th and Hooks of the 14th:
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 define certain terms; to revise minimum requirements; to require the property owner where land-dis turbing activity occurs to obtain a permit; to authorize the denial of a permit under certain conditions; to allow an issuing authority to require a bond or other form of financial security.
Referred to Committee on Natural Resources.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 572. By Representatives Martin of the 47th, Cauthorn of the 35th and Hammond of the 32nd:
A bill to amend Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to the regulation of specialized land transactions, so as to provide for the suspension of services provided to a unit owner under certain circumstances.
Referred to Committee on Judiciary.
HB 914. By Representative Culbreth of the 132nd:
A bill to amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and general requirements for the transaction of insur ance, so as to revise the requirements of the amount of capital stock or surplus necessary for authorization to transact insurance in this state.
Referred to Committee on Insurance and Labor.
HB 1192. By Representative Greene of the 158th:
A bill to amend Code Section 21-3-60 of the Official Code of Georgia Annotated, relating to terms of municipal officers elected in 1989, 1990, 1991, and 1992 and offices with terms of four years or greater, so as to provide for terms of office of municipal officers who were elected in 1988 for terms of office of six years.
Referred to Committee on Ethics.

TUESDAY, FEBRUARY 8, 1994

483

HB 1199. By Representatives Thomas of the 100th, Chambless of the 163rd, Simpson of the 101st and Lee of the 94th:
A bill to amend Article 2A of Chapter 5 of Title 21 of the Official Code of Geor gia Annotated, relating to limits on contributions to candidates for public office, so as to provide for limits on contributions to influence voter approval or rejec tion of proposed constitutional amendments, state-wide referenda, or proposed questions which are to appear on the ballot in any county or municipal election.
Referred to Committee on Ethics.
HB 1322. By Representatives Trense of the 44th, Sinkfield of the 57th, Campbell of the 42nd and others:
A bill to amend Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to child abuse and deprivation records, so as to provide that identified foster parents and child-placing agencies be given access to all records regarding children being considered for foster care placement.
Referred to Committee on Judiciary.
HB 1330. By Representatives Martin of the 47th, Childers of the 13th and Murphy of the 18th:
A bill to amend Chapter 10A of Title 43 of the Official Code of Georgia Anno tated, relating to licensure by the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists, so as to pro vide an exemption from licensure for certain additional counselors.
Referred to Committee on Health and Human Services.
HB 1337. By Representatives Birdsong of the 123rd, Jenkins of the 110th and Smith of the 109th:
A bill to amend Article 3 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to the disposition of property seized by law enforcement agencies, so as to provide that any weapon the possession or carrying of which constitutes a crime or delinquent act shall be subject to forfeiture.
Referred to Committee on Judiciary.
HB 1341. By Representative Streat of the 167th:
A bill to amend Chapter 45 of Title 43 of the Official Code of Georgia Annotated, known as the "Structural Pest Control Act," so as to require each applicant for a license to operate a structural pest control business and each licensee seeking renewal of a license to submit a certificate of insurance coverage to the State Structural Pest Control Commission showing that such business is insured against liability for damages to persons or property.
Referred to Committee on Agriculture.
HB 1361. By Representatives Buck of the 135th, Royal of the 164th, Skipper of the 137th and others:
A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions of the "Georgia Public Revenue Code," so as to revise provisions relating to Georgia taxes; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby to incorporate provi sions of federal law into Georgia law.
Referred to Committee on Finance and Public Utilities.

484

JOURNAL OF THE SENATE

HB 1363. By Representatives Buck of the 135th, Royal of the 164th, Skipper of the 137th 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 change certain provi sions regarding special withholding requirements. Referred to Committee on Finance and Public Utilities.
HB 1368. By Representatives Buck of the 135th, Royal of the 164th, Skipper of the 137th and others:
A bill to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to specify that proceeds of any lottery prize awarded by the Georgia Lottery Corporation are included within the taxable net income of taxable nonresidents. Referred to Committee on Finance and Public Utilities.
HB 1369. By Representatives Buck of the 135th, Royal of the 164th, Skipper of the 137th and others:
A bill to amend Code Section 48-7-101 of the Official Code of Georgia Annotated, relating to income tax withholding, so as to authorize the state revenue commis sioner to promulgate regulations for withholding tax with respect to proceeds of certain lottery prizes. Referred to Committee on Finance and Public Utilities.
HB 1378. By Representatives Clark of the 40th, Atkins of the 29th, Powell of the 23rd and others:
A bill to amend Code Section 16-9-56 of the Official Code of Georgia Annotated, relating to fraudulent attempts to obtain refunds, so as to change which informa tion is prohibited from being given to obtain refunds. Referred to Committee on Special Judiciary.
HB 1388. By Representatives Buck of the 135th, Royal of the 164th, Skipper of the 137th and others:
A bill to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, known as the "Employment Security Law," so as to provide an unemployment tax amnesty program. Referred to Committee on Insurance and Labor.
HB 1415. By Representative Lane of the 55th:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local governments, so as to change the standards under which audits of the finan cial affairs and transactions of certain local governments are conducted. Referred to Committee on Urban and County Affairs (General).
HB 1420. By Representatives Walker of the 141st, Groover of the 125th, Bostick of the 165th and Murphy of the 18th:
A bill to amend Article 2 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to conveyances of property, so as to provide that remainders, whether vested or contingent, executory interests, and other expectant estates are alienable in the same manner as estates in possession and may be freely con veyed inter vivos. Referred to Committee on Special Judiciary.

TUESDAY, FEBRUARY 8, 1994

485

HB 1455. By Representatives Byrd of the 170th, Holmes of the 53rd, Birdsong of the 123rd and others:
A bill to amend Article 3 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to salary deductions for public officers and employees, so as to permit state government employees, on a voluntary basis, to make payroll de ductions to not-for-profit organizations providing tangible services and benefits to state government or state government employees.
Referred to Committee on Finance and Public Utilities.
HB 1481. By Representatives Hughes of the 19th, Carrell of the 87th, Skipper of the 137th and others:
A bill to amend Code Section 49-2-2 of the Official Code of Georgia Annotated, creating the Board of Human Resources, so as to prohibit certain lobbyists from serving on that board and provide for vacancies thereon.
Referred to Committee on Judiciary.
HB 1506. By Representatives Felton of the 43rd, Campbell of the 42nd, Barnes of the 33rd and others:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to creation of county boards of equalization, so as to provide for addi tional qualifications of members of county boards of equalization in any county of this state having a population of 400,000 or more according to the United States decennial census of 1990 or any future such census.
Referred to Committee on Urban and County Affairs (General).
HB 1561. By Representatives Dixon of the 150th, Bordeaux of the 151st, Buck of the 135th and others:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxation, so as to provide an exemption with respect to the use of certain cargo containers and related chassis in intrastate or interstate commerce.
Referred to Committee on Finance and Public Utilities.
HB 1583. By Representative Greene of the 158th:
A bill to amend an Act creating the Board of Commissioners of Randolph County, so as to reapportion the commissioner districts for the purpose of elect ing members of the board of commissioners.
Referred to Committee on Urban and County Affairs.
HB 1609. By Representative Hudson of the 156th:
A bill to amend an Act incorporating the City of Ocilla, so as to change the provi sions relating to the assessment, levy, and collection of an ad valorem tax by the mayor and aldermen on the real and personal property within the corporate lim its of the city.
Referred to Committee on Urban and County Affairs.
HB 1614. By Representative Greene of the 158th:
A bill to amend an Act relating to the Board of Education of Stewart County and providing for the election of the members thereof, so as to provide for the elec tion of members of the board of education; to provide for education districts.
Referred to Committee on Urban and County Affairs.

486

JOURNAL OF THE SENATE

HB 1625. By Representatives Buck of the 135th, Culbreth of the 132nd, Hugley of the 133rd and others:
A bill to amend an Act further defining and prescribing the powers and duties of the Columbus Airport Commission, so as to provide for the appointment of air port commission police. Referred to Committee on Urban and County Affairs.
HB 1631. By Representative Greene of the 158th:
A bill to amend an Act creating the Board of Commissioners of Clay County, so as to change the provisions relating to the clerk of the board of commissioners; to provide for other matters relating to the board of commissioners. Referred to Committee on Urban and County Affairs.
HB 1633. By Representatives Harris of the 112th and Bargeron of the 120th: A bill to amend an Act providing for the appointment of the chief magistrate of the Magistrate Court of McDufHe County by the judges of superior court, so as to provide that the chief magistrate shall be elected.
Referred to Committee on Urban and County Affairs.
The following committee reports were read by the Secretary:

Mr. President:

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

SB 505. Do pass by substitute. SB 564. Do pass. SB 573. Do pass.

SB 579. Do pass. HB 1142. Do pass.

Respectfully submitted,

Senator Pollard of the 24th District, Chairman

Mr. President:

The Committee on Insurance and Labor has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the follow ing recommendation:
SB 504. Do pass as amended.
Respectfully submitted,
Senator Pollard of the 24th District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bills of the Sen ate and has instructed me to report the same back to the Senate with the following recommendations:
SB 77. Do pass by substitute.
SB 468. Do pass by substitute.

TUESDAY, FEBRUARY 8, 1994

487

SB 474. Do pass by substitute. 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 Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 574. Do pass.

HB 1283. Do pass.

HB 1223. Do pass.

HB 1342. Do pass.

HB 1256. Do pass.

HB 1386. Do pass.

HB 1235. Do pass.

HB 1387. Do pass.

Respectfully submitted,

Senator Bowen of the 13th District, Chairman

Mr. President:

The Committee on Special Judiciary has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 556. Do pass. HB 1311. Do pass.
Respectfully submitted,
Senator Egan of the 40th District, Chairman

Mr. President:

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

SB 586. Do pass.

HB 1563. Do pass.

SB 587. Do pass.

HB 1564. Do pass.

SB 588. Do pass.

HB 1565. Do pass.

Respectfully submitted,

Senator Thompson of the 33rd District, Chairman

The following bills and resolution of the Senate were read the second time:
SB 395 SB 515 SR 469

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

Alien Balfour Baugh

Blitch Boshears Bowen

Broun of 46th Brown of 26th Burton

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Cheeks Clay Coleman Crotts Day
Edge Egan Farrow Gillis Glanton Gochenour Guhl Harbison Hemmer

Henson Hill Hooks Huggins Isakson
Langford of 29th Madden Marable McGuire Middleton Newbill Oliver Parrish Perdue

Those not answering were Senators:

Abernathy

Langford of 35th

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

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Kemp of the 3rd introduced the chaplain of the day, Reverend Ray Garner, pastor of Buckingham Place Church of God, Brunswick, Georgia, who offered scripture reading and prayer.
The following resolutions were read and adopted:
SR 489. By Senators Hill of the 4th, Taylor of the 12th, Gillis of the 20th and others: A resolution recognizing "Health Care for Rural and Underserved Georgians Day".
SR 490. By Senators Ray of the 19th and Gillis of the 20th: A resolution recognizing and expressing appreciation to Admiral Richard H. Truly.
SR 491. By Senators Oliver of the 42nd, Robinson of the 16th and Edge of the 28th: A resolution recognizing and commending John Pruitt.
HR 877. By Representatives Porter of the 143rd, Jamieson of the 22nd, Harris of the 112th and others: A resolution recognizing May 17, 1994, as Bike-to-Work Day in Georgia.
The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR Tuesday, February 8, 1994
SEVENTEENTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)

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489

SB 586 Kemp, 3rd Boshears, 6th GLYNN COUNTY
Provides for the nonpartisan nomination and election of the coroner of Glynn County.
*SB 587 Kemp, 3rd Boshears, 6th GLYNN COUNTY
Provides for the Glynn County Board of Elections and Registration and pro vides that it will succeed to the powers and duties of another board of elec tions; to provide for appointment, election, and qualifications of its members; to provide for its initial and subsequent membership; to provide for terms, resignations, removal, and vacancies. (AMENDMENT)
SB 588 Farrow, 54th MURRAY COUNTY
Creates the Murray County Family Circle Authority; to provide for a short title; to provide for findings and determinations; to provide for definitions; to provide for the membership of the authority; to provide the court in which actions against the authority may be brought; to provide for construction; to provide for other matters relative to the foregoing; to repeal conflicting laws.
HB 1563 Hooks, 14th PEACH COUNTY
Provides a homestead exemption from Peach County School District ad valorem taxes for educational purposes in the amount of $20,000 of the as sessed value of the homestead for certain residents of that school district who have annual incomes not exceeding $20,000 and who are 65 years of age or over or disabled.
HB 1564 Crotts, 17th BUTTS COUNTY
Amends an Act providing for the election of the members of the Board of Education of Butts County, so as to change the provisions relating to the elections and terms of office of the members of the Board.
HB 1565 Crotts, 17th BUTTS COUNTY
Amends an Act creating the Board of Commissioners of Butts County.
The amendment to the following bill was put upon its adoption:
SB 587:
Senator Boshears of the 6th offered the following amendment:
Amend SB 587 by striking on page 7, line 2, the word, "property", and insert in lieu thereof the word, "properly".
On the amendment to SB 587 offered by Senator Boshears of the 6th, the yeas were 50, nays 0; and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bills as reported was agreed to.

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

Those voting in the affirmative were Senators:

Alien Balfour
Baugh Boshears Broun of 46th Brown of 26th

Guhl Harbison
Hemmer Henson Hill Hooks

CmClhaeyeks Coleman Crotts Day Dean Farrow Gillis Glanton Gochenour

ITKs,aekmspon Langford of 29th Madden Marable McGuire Middleton Newbill Oliver Parrish

Perdue Pollard Ragan of llth Ragan of 32nd Ralston
Ro-,,-,.coob,ti.,tnson ^n f,tarr Iflylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Blitch

Bowen Edge

Egan Langford of 35th

On the passage of all the local bills, the yeas were 50, nays 0.
All the bills on the Senate Local Consent Calendar, except SB 587, having received the requisite constitutional majority, were passed.
SB 587, having received the requisite constitutional majority, was passed as amended.
Senator Starr of the 44th moved that Senator Langford of the 35th be excused from the Senate today, due to hospitalization. On the motion, the yeas were 36, nays 0; the motion prevailed, and Senator Langford of the 35th was excused from the Senate today.
SENATE CALENDAR
Tuesday, February 8, 1994
SEVENTEENTH LEGISLATIVE DAY
HB 192 Employees' Retirement--Indigent Defense Council employees members (Ret--53rd) Cummings--27th
HB 670 Employees' Retirement--credit certain ones transferring to Children and Youth Services Department (Ret--53rd) Reichert--126th
HB 1020 Trial Judges, Solicitors Retirement--number of years for spouses' benefits (Ret--34th) Cauthorn--35th
HB 1090 Probate Court Judges' Retirement--certain judges, employees retire at 55 with 12 years service (Ret--48th) Jenkins--110th
HB 1091 Probate Court Judges' Retirement--authorize to ones who never joined or with drew (Ret-- 10th) Jenkins-- 110th
HB 1183 Recreational Bingo--redefine (Amendment) (EDT&C--46th) Lane--55th HB 1191 Agricultural Exposition Authority--venue, jurisdiction over legal actions
(Ag-- llth) Walker-- 141st

TUESDAY, FEBRUARY 8, 1994

491

HB 1344 Leaf Tobacco--repeal certain charges by warehousemen (Ag--llth) Greene--158th
SB 401 Handicapped Parking--veterans awarded Purple Heart (H&HS--31st)
SB 394 Homestead Exemption for Certain Elderly--referendum (Substitute) (F&PU--21st)
SB 446 Determining Death--coroners, deputy coroners (H&HS--25th)
SB 506 Property Tax Amnesty Program--provide (Substitute) (F&PU--44th)
SB 512 Psychologists--State Board authority, licensing (H&HS--22nd)
SB 527 Fishing--limits, streams, use of live bait (Nat R--20th)
SR 444 Health Care Benefit Plans--recommend cover prescription drugs (Substitute) (H&HS--22nd)
SR 462 Fulton County--conveyance of certain state property (F&PU--44th)
SR 463 Mclntosh, Tattnall, Gwinnett, Glynn, Banks Counties--utility easement (F&PU--44th)
SR 467 Certain Counties--easements for utility lines (F&PU--44th)
SR 470 Chattooga County--conveyance of certain state property (F&PU--53rd)
HB 1372 Department of Natural Resources--subleases of marinas, certain lakes (Nat R--47th) Yeargin--90th
HR 662 Joint Study Commission on Revenue Structure--recreate (F&PU--44th) Mur phy--18th

The following general bills were read the third time and put upon their passage:

HB 192. By Representatives Cummings of the 27th and Thomas of the 100th:
A bill to amend Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership of employees of certain state au thorities and commissions in the Employee's Retirement System of Georgia, so as to provide that employees of the Georgia Indigent Defense Council shall be mem bers of such system.
Senate Sponsor: Senator Huggins of the 53rd.

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

TO:
FROM: DATE: SUBJECT:

DEPARTMENT OF AUDITS 254 Washington Street, S.W.
Room 214 Atlanta, Georgia 30334-8400
STATE AUDITOR'S CERTIFICATION
The Honorable Bill Cummings, Chairman House Retirement Committee
Claude L. Vickers, State Auditor
January 5, 1993
House Bill 192 (LC 21 1912) Employees' Retirement System

This bill provides for all employees of the Georgia Indigent Defense Council to become members of the Employees' Retirement System. The employee may receive creditable ser vice under this retirement system for prior employment if that employee pays to the board of trustees the employee contributions which would have been paid during the period of

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JOURNAL OF THE SENATE

prior employment. The Georgia Indigent Defense Council must pay the employer contribu tions which would have been paid during the period of prior employment.
This is to certify that this is a fiscal retirement bill as defined in the Public Retirement 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:

Balfour Baugh Blitch Boshears Broun of 46th Brown of 26th BrCCnhlu.aeryteoki ns Coleman
Crotts Day Dean Egan Gillis Glanton

Gochenour Guhl Harbison Hemmer Henson Hill IHHITsuoakogskgosmns Kemp
Langford of 29th Madden Marable McGuire Middleton Oliver

Parrish Perdue Pollard Ragan of llth Ralston ~ KD,,*.looubtm-m. _s._o_n htarr
Tavlor Thomas Thompson Turner Tysinger Walker

Voting in the negative were Senators Newbill and Ragan of 32nd.

Those not voting were Senators:

Abernathy Alien Bowen

Edge Farrow

Langford of 35th (excused) Scott

On the passage of the bill, the yeas were 47, nays 2.
The bill, having received the requisite constitutional majority, was passed.
HB 670. By Representatives Reichert of the 126th, Groover of the 125th, Randall of the 127th and Lucas of the 124th:
A bill to amend Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to provisions applicable to particular groups of employees under the Employees' Retirement System of Georgia, so as to provide that county probation and intake employees who are by law transferred to the De partment of Children and Youth Services and who prior to such transfer were members of a local retirement system may transfer credit for such prior service.
Senate Sponsor: Senator Huggins of the 53rd.

TUESDAY, FEBRUARY 8, 1994

493

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

TO:
FROM: DATE: SUBJECT:

DEPARTMENT OF AUDITS 254 Washington Street, S.W.
Room 214 Atlanta, Georgia 30334-8400
STATE AUDITOR'S CERTIFICATION
The Honorable Robert Reichert State Representative
Claude L. Vickers, State Auditor
February 9, 1993
House Bill 670 (LC 21 2191) Employees' Retirement System

This bill would allow those county probation and intake employees who are transferred by law to the Department of Children and Youth Services and who prior to such transfer were members of a local retirement system to transfer credit for prior service to the Em ployees' Retirement System. This bill also provides that the local retirement system must transfer all of the member's credited employer and employee contributions together with all earnings thereon to the Employees' Retirement System. The bill further provides that in order for the member to receive full credit for the prior service, the member must make such additional contributions to the Employees' Retirement System so as to render the an nuity account balance of the member the same as though the transferring person had been a member of the retirement system during the period of time for which credit is claimed.
This is to certify that this is a fiscal retirement bill as defined in the Public Retirement 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:

Baugh
Blitch Boshears Broun of 46th Brown of 26th

Hooks
Huggins Kemp Langford of 29th Madden

Ragan of llth
Ralston Ray Robinson Scott

Cheeks ggan
Harbison Henson

Marable Middleton Oliver
Parrish Pollard

Slotin Starr Thomas
Tysinger Walker

Those voting in the negative were Senators:

Balfour Clay
Coleman Crotts

Day Dean
Farrow Glanton

Gochenour Hemmer
Isakson McGuire

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JOURNAL OF THE SENATE

Newbill Perdue

Ragan of 32nd Taylor

Those not voting were Senators:

Abernathy Alien Bowen

Edge Gillis Hill

Thompson
Langford of 35th (excused) Turner

On the passage of the bill, the yeas were 31, nays 17. The bill, having received the requisite constitutional majority, was passed.

HB 1020. By Representatives Cauthorn of the 35th, Cummings of the 27th, Watts of the 26th and others:
A bill to amend Code Section 47-10-65 of the Official Code of Georgia Annotated, relating to contributions for spouses' benefits under the Trial Judges and Solici tors Retirement Fund, so as to change the number of years a member must make contributions for spouses' benefits.
Senate Sponsor: Senator Glanton of the 34th:

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

TO:
FROM: DATE: SUBJECT:

DEPARTMENT OF AUDITS 254 Washington Street, S.W.
Room 214 Atlanta, Georgia 30334-8400
STATE AUDITOR'S CERTIFICATION
The Honorable Tom Cauthorn State Representative
Claude L. Vickers, State Auditor
March 2, 1993
House Bill 1020 (LC 21 2353) Trial Judges and Solicitors Retirement Fund

This bill would change the number of years a member of the Trial Judges and Solicitors Retirement Fund must make contributions for spouses benefits. This bill requires that a member have 16 years of contributions to obtain spouses benefits. Current provisions re quire 22 years of service.
This is to certify that this is a fiscal retirement bill as defined in the Public Retirement Systems Standards Law.
/s/ Claude L. Vickers State Auditor

Senator Blitch of the 7th moved that she be excused from voting on HB 1020 pursuant to Senate Rule 175. On the motion, the yeas were 38, nays 0, and Senator Blitch was ex cused from voting on HB 1020.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

TUESDAY, FEBRUARY 8, 1994

495

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 Broun of 46th Brown of 26th Burton Clay Coleman Crotts Day Dean Egan Farrow Gillis Glanton Gochenour Guhl

Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable McGuire 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 Cheeks.

Those not voting were Senators:

Abernathy Alien

Blitch (excused) Bowen

Edge Langford of 35th (excused)

On the passage of the bill, the yeas were 49, nays 1. The bill, having received the requisite constitutional majority, was passed.

HB 1090. By Representative Jenkins of the 110th:

A bill to amend Article 5 of Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits under the Judges of the Probate Courts Retirement Fund of Georgia, so as to provide that a judge or employee of the probate court shall be entitled to retire on a service retirement at the age of 55 years after having served 12 years as a judge or employee of the probate court.

Senate Sponsor: Senator Day of the 48th.

The following Fiscal Note, 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 1090 (LC 21 2274) Judges of the Probate Courts Retirement Fund

This bill provides that members of the Judges of the Probate Courts Retirement Fund may retire at the age of 55 years with 12 years of service. Current provisions provide that no

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JOURNAL OF THE SENATE

member shall be eligible for retirement benefits until the member has reached the age of 60 years.
This is to certify that this is a fiscal retirement bill as defined in the Public Retirement Systems Standards Law.
M 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 Baugh Boshears Day Gillis Harbison

Hooks Huggins Kemp Langford of 29th Oliver Pollard

Ragan of llth Ray Robinson Scott Thomas Turner

Those voting in the negative were Senators:

Balfour Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dean Edge Egan

Farrow Glanton Gochenour Guhl Hemmer Henson Isakson Madden Marable McGuire Middleton

Newbill Parrish Perdue Ragan of 32nd Ralston Slotin Starr Taylor Thompson Tysinger Walker

Those not voting were Senators:

Alien Blitch

Bowen Hill

Langford of 35th (excused)

On the passage of the bill, the yeas were 18, nays 33.
The bill, having failed to receive the requisite constitutional majority, was lost.
HB 1091. By Representative Jenkins of the 110th:
A bill to amend Article 3 of Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to membership in and contributions to the Judges of the Probate Courts Retirement Fund of Georgia, so as to authorize members who never joined the fund to join such fund or who withdrew from membership to rejoin the fund.
Senate Sponsor: Senator Thomas of the 10th.

TUESDAY, FEBRUARY 8, 1994

497

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

TO:
FROM: DATE: SUBJECT:

DEPARTMENT OF AUDITS 254 Washington Street, S.W.
Room 214 Atlanta, Georgia 30334-8400
STATE AUDITOR'S CERTIFICATION
The Honorable Curtis Jenkins State Representative
Claude L. Vickers, State Auditor
March 5, 1993
House Bill 1091 (LC 21 2393) Judges of the Probate Courts Retirement Fund

This bill provides that any judge of the probate court who failed to apply for member ship in the Judges of the Probate Courts Retirement Fund within 12 months of employment may apply to the fund and receive credit for services retroactive to the date of the com mencement of the service. Service credit must be obtained by June 30, 1995. Current provi sions allow judges who do not apply to the fund within 12 months to apply to the fund at any time but they are not entitled to claim or receive credit toward retirement for any time served prior to the date of application.
This is to certify that this is a fiscal retirement bill as defined in the Public Retirement Systems Standards Law.
/a/ Claude L. Vickers State Auditor

Senator Thomas moved that HB 1091 be postponed until February 10, 1994.
On the motion, the yeas were 43, nays 1; the motion prevailed, and HB 1091 was post poned until February 10, 1994.

HB 1183. By Representative Lane of the 55th:
A bill to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against the public health and morals, so as to change the definition of recreational bingo; to authorize nonprofit organizations who are li censed to operate bingo games to operate recreational games.
Senate Sponsor: Senator Broun of the 46th.

Senators Isakson of the 21st and Broun of the 46th offered the following amendment:
Amend HB 1183 by adding on line 6 of page 1 between the semicolon and the words "to provide" the following:
"to change the provisions relating to the license required to operate bingo games;".
By adding in the title on line 6 of page 1 between the semicolon and the words "to repeal" the following:
"to provide an effective date;".
By adding on line 29 of page 2 between the period and the word "Recreational" the following:
"Recreational bingo shall also include a bingo session operated by an employer with ten or more full-time employees for the purposes of providing a safe workplace incentive and in

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JOURNAL OF THE SENATE

which the prizes are determined by the employer; provided, however, that no monetary con sideration is required by any participant other than the employer and the employer ex pressly prohibits any monetary consideration from any employee."
By adding between lines 19 and 20 of page 3 the following:
"or a bingo game operated by an employer with ten or more full-time employees for the purpose of providing a safe workplace incentive"!
By renumbering Section 3 of page 3 as Section 4 and adding between lines 26 and 27 of page 3 the following:
"Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval."
On the adoption of the amendment, 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 Balfour Baugh Blitch Boshears Bowen Broun of 46th B,B-,ruorwtonn of 26th Cheeks Clay Coleman Crotts Dean Edge Egan Farrow Gillis

Glanton Gochenour Guhl Harbison Hemmer Henson Hill THHTouogkgsm s Isakson Kemp Langford of 29th Madden Marable McGuire Middleton Newbill Oliver

Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston R K,, o?b.mson
TaVlor Thomas Thompson Turner Tysinger Walker

Voting in the negative was Senator Day.

Not voting were Senators Alien and Langford of 35th (excused). On the passage of the bill, the yeas were 53, nays 1. The bill, having received the requisite constitutional majority, was passed as amended.

HB 1191. By Representatives Walker of the 141st, Watson of the 139th, Ray of the 128th and Floyd of the 138th:
A bill to amend Part 8 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Georgia Agricultural Exposition Authority, so as to change provisions relating to venue and jurisdiction over legal actions in volving the authority.
Senate Sponsor: Senator Ragan of the llth.

TUESDAY, FEBRUARY 8, 1994

499

The report of the committee, which was favorable to the passage of the bill, was agreed to.
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
oBBrrooWwuennn oofff 4^ 266tthh

Gillis Glanton Gochenour Harbison Hemmer
SHHioel,olfksn

BCluaryton
Coleman Crotts Day Dean Edge Farrow

HIsuakgsgoinns
Langford of 29th Madden Marable McGuire Middleton Newbill

Oliver Parrish Perdue Pollard Ragan of nth
RRrva^,iasi.nonof 32nd
"Roa^b.inson
blotln Taylor Thompson Turner Tysinger Walker

Voting in the negative was Senator Egan.

Those not voting were Senators:

Alien Cheeks Guhl

Kemp Langford of 35th (excused) Scott

Starr Thomas

On the passage of the bill, the yeas were 47, nays 1.
The bill, having received the requisite constitutional majority, was passed.
Senator Thompson of the 33rd moved that Senator Clay of the 37th be excused from the Senate for the remainder of the day due to a death in the family.
On the motion, the yeas were 38, nays 0; the motion prevailed, and Senator Clay of the 37th was excused from the Senate for the remainder of the day.
The Calendar was resumed.
HB 1344. By Representatives Greene of the 158th, Coleman of the 142nd, Banner of the 159th and others: A bill to amend Part 1 of Article 3 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to leaf tobacco sales and storage, so as to repeal the provisions relating to maximum charges for handling and selling leaf tobacco by warehousemen.
Senate Sponsor: Senator Ragan of the llth.
Senator Gillis of the 20th moved that HB 1344 be postponed until Monday, February 14, 1994.
Senator Ragan of the llth moved that HB 1344 be postponed until Thursday, February 10, 1994.
On the motion offered by Senator Ragan of the llth, which takes precedence, the yeas were 13, nays 25, and the motion was lost.

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JOURNAL OF THE SENATE

On the motion offered by Senator Gillis of the 20th, the yeas were 39, nays 0; the mo tion prevailed, and HB 1344 was postponed to Monday, February 14, 1994.
The President and Senator Perdue of the 18th introduced the Georgia Council on Ag ing, commended by SR 415, adopted previously.
The President introduced Professor Bill Grubbs, author and retired professor at Geor gia State University, who addressed the Senate briefly.
Senator Hooks of the 14th introduced Pat Joyner and other officials of the Georgia Peach Festival, commended by SR 468, adopted previously, who addressed the Senate briefly.
Senator Edge of the 28th introduced the East Coweta High School Chorus and their director, Mrs. Nancy Whittenburger, commended by SR 487 and SR 488, adopted previously.
The following bill was taken up to consider House action thereto:
SB 20. By Senators Walker of the 22nd and Thomas of the 10th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to repeal Chapter 11 A, relating to dietitians and dietetic counselors; to provide for a new Chapter 11A to be entitled the "Dietet ics Practice Act"; to provide for a short title; to provide a purpose; to provide for definitions; to provide for the creation of a board of examiners.
The House substitute to SB 20 was as follows:
A BILL
To be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to repeal Chapter 11 A, relating to dietitians and dietetic counselors; to provide for a new Chapter 11A to be entitled the "Dietetics Practice Act"; to provide for a short title; to provide a purpose; to provide for definitions; to provide for the creation of a board of examiners and the qualifications and compensation of mem bers thereof; to provide for the appointment and removal of board members and for vacan cies on the board; to provide for election of officers and meetings of the board; to provide for the powers and responsibilities to the board; to provide for licenses; to provide for provi sional licenses; to provide for oaths; to provide for notification to applicants; to provide for examinations; to provide procedures for the display of licenses; to prohibit certain conduct and provide penalties therefor; to provide for the enforcement powers of the board; to pro vide for requirements for licenses; to provide that proceedings shall be governed by Chapter 13 of Title 50, the "Georgia Administrative Procedure Act"; to provide for certain excep tions; 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 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by striking Chapter 11A of said title, which reads as follows:
"CHAPTER 11A
43-11A-1. This chapter shall be known and may be cited as the 'Dietitians Licensing Law.'
43-11A-2. It is declared to be the purpose of the General Assembly that the activities of certain persons who use certain titles relating to professional dietetic counseling be regu lated to ensure the protection of the health, safety, and welfare of the people of this state.
43-11A-3. As used in this chapter, the term:
(1) 'Advertise' means, but is not limited to, the issuing of or causing to be distributed any card, sign, or other device or the causing or permitting any sign or marking on or in any

TUESDAY, FEBRUARY 8, 1994

501

building or structure, or in any newspaper, magazine, or director, or announcement on radio or announcement or display on television.
(2) 'Applicant' means any person seeking a license under this chapter.
(3) 'Board' means the Georgia Board of Examiners of Licensed Dietitians established by this chapter.
(4) 'Dietetic counseling' means those services provided by a health care professional who has definite and specialized knowledge and training in the nutritional care of individu als throughout the life cycle and who has responsibility for design and management of nutri tional care delivery systems in various settings.
(4.1) 'Dietetic practice' means the integration and application of scientific principles of food, nutrition, biochemistry, physiology, management, and behavioral and social sciences to achieve and maintain the health of people.
(5) 'Graduate semester hour' means a semester hour or the quarter hour equivalent as defined by regional accrediting educational associations.
(6) 'Joint-secretary' means the joint-secretary of the state examining boards. The jointsecretary shall serve as secretary to the board.
(7) 'Licensed dietitian' means a person who represents himself by title or description of services as a licensed dietitian and who renders dietetic counseling services to individuals, groups, organizations, corporations, institutions, government agencies, or the general public for compensation and who holds a valid license under this chapter.
43-11A-4. (a) There is created the Georgia Board of Examiners of Licensed Dietitians. The board shall consist of seven members as follows:
(1) One member shall be an educator in the field of dietetic counseling;
(2) Three members shall be dietetic counselors; and
(3) Three members shall represent the public at large.
(b) The Governor shall appoint, subject to confirmation by the Senate, all members of the board for initial terms of office beginning July 1, 1985. The Governor shall appoint three initial members of the board to serve for terms of two years and four initial members of the board to serve for terms of four years. After the initial terms specified in this subsection, members of the board shall take office on the first day of July immediately following the expired term of that office and shall serve for a term of four years and until their successors are appointed and qualified. Any person appointed to the board when the Senate is not in session may serve on the board without Senate confirmation until the Senate acts on that appointment. No member shall serve on the board for more than two consecutive terms. Any vacancy shall be filled by the Governor subject to confirmation of the Senate.
(c) All members of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2.
(d) All members of the board shall take the constitutional oath of office.
43-11A-5. (a) Professional members of the board shall:
(1) Be citizens of the United States and residents of this state;
(2) Have engaged in the field of dietetic counseling for compensation for at least 2,000 hours; and
(3) Be licensed under this chapter, except that initial appointees shall be licensed under this chapter no later than July 1, 1986.
(b) Consumer members of the board shall be appointed by the Governor from the pub lic at large, shall be citizens of the United States and residents of this state, and shall have no connection whatsoever with the profession of dietetic counseling.

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(c) The Governor may remove members of the board, after notice and opportunity for hearing, for incompetence, neglect of duty, unprofessional conduct, conviction of any felony, failure to meet the qualifications of this chapter, or committing any act prohibited by this chapter.
43-11A-6. (a) Within 30 days of making appointments to the board, the Governor shall call the first meeting. The board shall elect a chairman and a vice-chairman who shall hold office according to the rules adopted by the board.
(b) The board shall hold at least two regular meetings each year as provided by rules adopted by the board.
43-11A-7. The board shall have the power and responsibility to:
(1) Determine the qualifications and fitness of applicants for licenses, renewal of li censes, and reciprocal licenses;
(2) Adopt and revise rules consistent with the laws of the State of Georgia that are necessary to conduct its business, carry out its duties, and administer this chapter. However, the board shall not adopt rules restricting competitive bidding or advertising by licensees except to prohibit false, misleading, or deceptive practices. The board shall not include in its rules to prohibit false, misleading, or deceptive practices by licensees a rule that:
(A) Restricts a licensee's use of any medium for advertising;
(B) Restricts a licensee's personal appearance or use of his personal voice in an advertisement;
(C) Relates to the size or duration of an advertisement by a licensee; or
(D) Restricts a licensee's advertisement under a trade name;
(3) Adopt and publish a code of ethics;
(4) Examine for, approve, issue, deny, revoke, suspend, and renew the licenses of die tetic counselor applicants and licensees under this chapter and conduct hearings in connec tion with these actions;
(5) Conduct hearings on complaints concerning violations of this chapter and the rules adopted under this chapter and cause the prosecution and enjoinder of the violations;
(6) Establish examination and licensing fees;
(7) Request and receive the assistance of state educational institutions or other state agencies;
(8) Prepare information of consumer interest describing the regulatory functions of the board and describing the procedures by which consumer complaints are filed with and re solved by the board. The board shall make the information available to the general public and appropriate state agencies; and
(9) Establish continuing education requirements.
43-11A-8. The board may grant, upon application and payment of proper fees, a license without examination to a person who, at the time of application, either:
(1) Holds a valid license as a licensed dietitian issued by another state, political terri tory, or jurisdiction acceptable to the board if, in the board's opinion, the requirements for that license are substantially equal to or greater than the requirements of this chapter; or
(2) Presents evidence satisfactory to the board that the applicant is registered by the Commission on Dietetic Registration of the American Dietetic Association or its predecessor or successor organization.
43-11A-9. Each applicant for a license as a licensed dietitian shall meet the following requirements.
(1) Is at least 18 years of age;
(2) Has submitted a completed application as required by the board;

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(3) Has submitted any fees required by the board;
(4) Has:
, (A) A baccalaureate degree from a regionally accredited college or university with a major in nutrition, foods and nutrition, dietetics, food systems, or institutional management followed by an internship or equivalent supervised experience approved by the board and approved or accredited by the American Dietetic Association or its successor organization;
(B) A baccalaureate degree from an American Dietetic Association approved or accred ited coordinated undergraduate program in dietetics which combines clinical and didactic learning experiences;
(C) A master's degree from a regionally accredited college or university in nutrition, dietetics, food systems, or institutional management in conjunction with six months' partici pation in an approved program of professionally supervised dietetic counseling or such other equivalent qualifying experience as the board by rule or regulation may establish;
(D) A master's degree from a regionally accredited college or university with such num ber of course hours in nutrition, food and nutrition, dietetics, food systems, or institutional management as the board may require by rule or regulation; a professional school lunch certificate issued by the Georgia Department of Education; and has completed a planned continuous preprofessional experience component in dietetic practice of not less than 900 hours under such supervision as the board may require by rule and regulation; or
(E) A doctoral degree from a regionally accredited college or university in nutrition, dietetics, or biochemistry with such number of course hours in nutrition, food and nutrition, dietetics, food systems, or institutional management as the board may require by rule and regulation; has completed a planned continuous preprofessional experience component in dietetic practice of not less than 900 hours under such supervision as the board may require by rule and regulation; and is currently involved in dietetic counseling services through practice, teaching, or research related to nutritional care throughout the life cycle;
(5) Has successfully passed an examination as required by Code Section 43-11A-13; and
(6) Has met such other requirements as may be prescribed by the board.
43-11A-10. Reserved.
43-11A-11. The board may require that all applications be made under oath.
43-11A-12. After evaluation of an application and other evidence submitted, the board shall notify each applicant that the application and evidence submitted are satisfactory and accepted or unsatisfactory and rejected. If rejected, the notice shall state the reasons for the rejection.
43-11A-13. (a) Examinations to determine competence shall be administered to quali fied applicants at least twice each calendar year. The examinations may be administered by a national testing service. The board shall prescribe or develop the examinations which may include an examination given by the Commission on Dietetic Registration of the American Dietetic Association or any other examination approved by two-thirds' vote of the board.
(b) The board shall notify each examinee of the results of the examination.
43-11-14. (a) A license issued by the board is the property of the board and must be surrendered on demand.
(b) The licensee shall display the license certificate in an appropriate and public manner.
(c) The licensee shall inform the board of any change of his address.
(d) The license shall be renewed biennially if the licensee is not in violation of this chapter at the time of application for renewal and if the applicant fulfills current require ments of continuing education as established by the board.

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(e) Each person licensed under this chapter is responsible for renewing his license before the expiration date.
(f) Under procedures and conditions established by the board, a licensee may request that his license be declared inactive. The licensee may apply for active status at any time and upon meeting the conditions set by the board shall be declared active.
43-11A-15. The board may refuse to grant or renew a license to an applicant; administer a public or private reprimand, but a private reprimand shall not be disclosed to any person except the licensee; suspend any licensee for a definite period or for an indefinite period in connection with any condition which may be attached to the restoration of said license; limit or restrict any licensee as the board deems necessary for the protection of the public; revoke any license; condition the penalty upon, or withhold formal disposition pending, the appli cant's or licensee's submission to such care, counseling, or treatment as the board may di rect; or impose a fine not to exceed $500.00 for each violation of a law, rule, or regulation relating to the profession regulated by this chapter, upon a finding by a majority of the entire board that the licensee or applicant has:
(1) Failed to demonstrate the qualifications or standards for a license contained in this Code section, or under the laws, rules, or regulations under which licensure is sought or held; it shall be incumbent upon the applicant to demonstrate to the satisfaction of the board that he meets all the requirements for the issuance of a license, and, if the board is not satisfied as to the applicant's qualifications, it may deny a license without a prior hear ing; provided, however, that the applicant shall be allowed to appear before the board if he so desires;
(2) Knowingly made misleading, deceptive, untrue, or fraudulent representations in the practice of a business or profession licensed under this title or on any document connected therewith; or practiced fraud or deceit or intentionally made any false statement in ob taining a license to practice the licensed business or profession; or made a false statement or deceptive registration with the board;
(3) Been convicted of any felony or of any crime involving moral turpitude in the courts of this state or any other state, territory, or country or in the courts of the United States; as used in this paragraph and paragraph (4) of this Code section, the term 'felony' shall include any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere; and, as used in this paragraph, the term 'conviction' shall include a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought;
(4) Been arrested, charged, and sentenced for the commission of any felony, or any crime involving moral turpitude, where:
(A) A plea of nolo contendere was entered to the charge;
(B) First offender treatment without adjudication of guilt pursuant to the charge was granted; or
(C) An adjudication or sentence was otherwise withheld or not entered on the charge.
The plea of nolo contendere or the order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42, relating to probation of first offenders, or other first offender treat ment shall be conclusive evidence of arrest and sentencing for such crime;
(5) Had his license to practice a business or profession licensed under this title revoked, suspended, or annulled by any lawful licensing authority other than the board; or had other disciplinary action taken against him by any such lawful licensing authority other than the board; or was denied a license by any such lawful licensing authority other than the board, pursuant to disciplinary proceedings; or was refused the renewal of a license by any such lawful licensing authority other than the board, pursuant to disciplinary proceedings;

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(6) Engaged in any unprofessional, immoral, unethical, deceptive, or deleterious con duct or practice harmful to the public, which conduct or practice materially affects the fit ness of the licensee or applicant to practice a business or profession licensed under this title, or of a nature likely to jeopardize the interest of the public, which conduct or practice need not have resulted in actual injury to any person or be directly related to the practice of the licensed business or profession but shows that the licensee or applicant has committed any act or omission which is indicative of bad moral character or untrustworthiness; unprofes sional conduct shall also include any departure from, or the failure to conform to, the mini mal standards of acceptable and prevailing practice of the business or profession licensed under this title;
(7) Knowingly performed any act which in any way aids, assists, procures, advises, or encourages any unlicensed person or any licensee whose license has been suspended or re voked by a state examining board to practice a business or profession licensed under this title or to practice outside the scope of any disciplinary limitation placed upon the licensee by the board;
(8) Violated a statute, law, or any rule or regulation of this state, any other state, the state examining board regulating the business or profession licensed under this title, the United States, or any other lawful authority (without regard to whether the violation is criminally punishable), which statute, law, or rule or regulation relates to or in part regu lates the practice of a business or profession licensed under this title, when the licensee or applicant knows or should know that such action is violative of such statue, law, or rule; or violated a lawful order of the board previously entered by the board in a disciplinary hear ing, consent decree, or license reinstatement;
(9) Been adjudged mentally incompetent by a court of competent jurisdiction within or without this state; any such adjudication shall automatically suspend the license of any such person and shall prevent the reissuance or renewal of any license so suspended for as long as the adjudication of incompetence is in effect; or
(10) Displayed an inability to practice a business or profession licensed under this title with reasonable skill and safety to the public or has become unable to practice the licensed business or profession with reasonable skill and safety to the public by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type of material.
43-11A-16. (a) After December 31, 1986, it shall be unlawful for any person who is not licensed under this chapter to use the title of licensed dietitian or the letters 'LD' in any words, letters, abbreviations, or insignia or to indicate or imply orally or in writing or in any way that the person is a licensed dietitian.
(b) Any person violating the provisions of subsection (a) of this Code section shall be guilty of a misdemeanor.
43-11A-17. Proceedings under this chapter shall be governed by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
43-11A-19. The requirements of this chapter shall not apply to:
(1) The activities and services of a nonresident rendered not more than 30 days during any year if the person is authorized to perform the activities and services under the law of the state or country of his residence; or
(2) The activities and services of licensed members of other professions, such as physi cians and registered nurses.",
in its entirety and inserting in lieu thereof a new Chapter 11A to read as follows:
"CHAPTER 11A
43-11A-1. This chapter shall be known and may be cited as the 'Dietetics Practice Act.'
43-11A-2. The General Assembly acknowledges that the application of scientific knowl edge relating to nutrition is important in the treatment of disease and in the attainment and

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maintenance of health; and acknowledges further that the rendering of sound dietetic or nutrition services in hospitals, nursing homes, school districts, health departments, private practice and consultation, and in other settings requires trained and competent profession als. It is declared, therefore, to be the purpose of this chapter to protect the health, safety, and welfare of the public by providing for the licensure and regulation of the activities of persons engaged in dietetic practice.
43-11A-3. As used in this chapter, the term:
(1) 'Advertise' means, but is not limited to, the issuing of or causing to be distributed any card, sign, or other device or the causing or permitting any sign or marking on or in any building or structure, or in any newspaper, magazine, or directory or announcement on radio or announcement or display on television.
(2) 'Applicant' means any person seeking a license under this chapter.
(3) 'Board' means the Georgia Board of Examiners of Licensed Dietitians established by this chapter.
(4) 'Dietetic practice' or 'dietetics' means the integration and application for compensa tion of principles derived from the sciences of nutrition, biochemistry, food, physiology, management, and behavioral and social sciences to achieve and maintain client health through the provision of nutrition care services, which shall include:
(A) Assessing the nutritional needs of individuals and groups based upon appropriate biochemical, anthropometric, physical, and dietary data to determine nutrient needs and recommend appropriate intake including enteral and parenteral nutrition;
(B) Establishing priorities, goals, and objectives which meet nutritional needs and are consistent with available resources;
(C) Providing dietetic nutrition counseling by advising and assisting individuals or groups on appropriate nutritional intake by integrating information from the nutritional assessment with information on food and other sources of nutrients and meal preparation consistent with cultural background and socioeconomic status;
(D) Developing, implementing, and managing nutrition care delivery systems; and
(E) Evaluating, making changes in, and maintaining standards of quality in food and nutrition care services.
As used in this chapter, the terms 'Dietetic Practice,' 'Dietetics,' and 'Medical Nutrition Therapy' are interchangeable.
(5) 'Dietitian' means a person duly licensed under this chapter to practice dietetics. As used in this chapter, the terms 'dietitian' and 'dietetic counselor' are interchangeable.
(6) 'Provisionally licensed dietitian' means a person provisionally licensed under this chapter.
(7) 'Registered dietitian' means a person registered by the Commission on Dietetic Re gistration of the American Dietetic Association.
43-11A-4. (a) There is created the Georgia Board of Examiners of Licensed Dietitians. The board shall consist of seven members as follows:
(1) Six members shall be dietitians with at least one member from each of the following areas of dietetic practice: clinical dietetics; community/public health dietetics; an educator on the faculty of a college or university specializing in the field of dietetics; and the private practice of dietetics; and
(2) One member shall represent the public at large.
(b) The Georgia Board of Examiners of Licensed Dietitians existing immediately prior to July 1, 1994, is continued in existence and shall continue to consist of seven members to be appointed by the Governor with the confirmation of the Senate. Members of the board shall take office on the first day of July immediately following the expired terms of that

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office and shall serve for a term of four years and until their successors are appointed and qualified. Those persons serving as members of the board immediately prior to July 1, 1994, shall continue to serve out their respective terms of office and until their respective succes sors are appointed and qualified. Any person appointed to the board when the Senate is not in session may serve on the board without Senate confirmation until the Senate acts on that appointment. No member shall serve on the board for more than two consecutive terms. Any vacancy shall be filled by the Governor subject to confirmation of the Senate.
(c) All members of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2.
(d) All members of the board shall take the constitutional oath of office.
43-11A-5. (a) Professional members of the board shall:
(1) Be citizens of the United States and residents of this state;
(2) Have engaged in the dietetic practice for compensation for not less than five years; and
(3) Be licensed under this chapter.
(b) Consumer members of the board shall be appointed by the Governor from the pub lic at large, shall be citizens of the United States and residents of this state, and shall have no connection whatsoever with dietetic practice.
(c) The Governor may remove members of the board, after notice and opportunity for hearing, for incompetence, neglect of duty, unprofessional conduct, conviction of any felony, failure to meet the qualifications of this chapter, or committing any act prohibited by this chapter.
43-11A-6. The board shall meet annually and shall elect from its members a chairper son, vice chairperson, and any other officer as deemed necessary who shall hold office ac cording to the rules adopted by the board. In addition to its annual meeting, the board shall hold at least two other meetings each year as provided by the rules adopted by the board.
43-11A-7. (a) This board shall have the power to:
(1) Enforce the provisions of this chapter, and it shall be granted all of the necessary duties, powers, and authority to carry out this responsibility;
(2) Draft, adopt, amend, repeal, and enforce such rules as it deems necessary for the administration and enforcement of this chapter in the protection of public health, safety, and welfare;
(3) License duly qualified applicants by examination, endorsement, or reinstatement;
(4) Implement the disciplinary process;
(5) Enforce qualifications for licensure;
(6) Set standards for competency of licensees continuing in or returning to practice;
(7) Issue orders when a license is surrendered to the board while a complaint, investiga tion, or disciplinary action against such license is pending;
(8) Adopt, revise, and enforce rules regarding the advertising by licensees including, but not limited to, rules or prohibit false, misleading, or deceptive practices;
(9) Adopt, publish, and enforce a code of ethics;
(10) Establish examination and licensing fees;
(11) Request and receive the assistance of state educational institutions or other state agencies;
(12) Prepare information of consumer interest describing the regulatory functions of the

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board and describing the procedures by which consumer complaints are filed with and re solved by the board. The board shall make the information available to the general public and appropriate state agencies;
(13) Establish continuing education requirements; and
(14) Adopt a seal which shall be affixed only in such manner as prescribed by the board.
43-11A-8. The board may grant, upon application and payment of proper fees, a license without examination to a person who, at the time of application, either:
(1) Holds a valid license as a licensed dietitian issued by another state, political terri tory, or jurisdiction acceptable to the board if, in the board's opinion, the requirements for that license are substantially equal to or greater than the requirements of this chapter; or
(2) Presents evidence satisfactory to the board that the applicant is registered as a reg istered dietitian by the Commission on Dietetic Registration of the American Dietetic Asso ciation or its successor organization.
43-11A-9. Each applicant for a license as a dietitian shall be at least 18 years of age, shall have submitted a completed application upon a form and in such manner as the board prescribes, accompanied by applicable fees, and shall be in compliance with the following requirements:
(1) Receipt of a baccalaureate or higher degree from a college or university accredited by the Southern Association of Schools and Colleges or any other regional accreditation agency with a major course of study in dietetics, human nutrition, food and nutrition, nutri tion education, or food systems management;
(2) Satisfactory completion of a documented, supervised experience component in die tetic practice of not less than 900 hours supervised by a licensed dietitian or registered dietitian as prescribed by the board;
(3) Successful completion of an examination as required by Code Section 43-11A-13; and
(4) Completion of such other requirements as may be prescribed by the board.
43-11A-10. A provisional permit to practice as a provisionally licensed dietitian under the supervision of a dietitian may be issued by the board upon the filing of an application with appropriate fees and submission of evidence of successful completion of a substantial portion of the requirements for licensure as provided by Code Section 43-11A-9, at the dis cretion of the board. The permit shall be issued for one year and may be renewed at the discretion of the board for a length of time determined by the board. A renewal fee may be required by the board to maintain a provisional license.
43-11A-11. The board may require that all applications be made under oath.
43-11A-12. After evaluation of an application and other evidence submitted, the board shall notify each applicant that the application and evidence submitted are satisfactory and accepted or unsatisfactory and rejected. If rejected, the notice shall state the reasons for the rejection.
43-11A-13. (a) Examinations to determine competence shall be administered to quali fied applicants at least twice each calendar year. The examinations may be administered by a national testing service. The board shall prescribe or develop the examinations which may include an examination given by the Commission on Dietetic Registration of the American Dietetic Association or any other examination approved by two-thirds' vote of the board.
(b) The board shall notify each examinee of the results of the examination.
43-11A-14. (a) A license issued by the board is the property of the board and must be surrendered on demand.
(b) The licensee shall display the license certificate in an appropriate and public manner.

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(c) The licensee shall inform the board of any change of address.
(d) The licensee shall be renewed biennially if the licensee is not in violation of this chapter at the time of application for renewal and if the applicant fulfills current require ments of continuing education as established by the board.
(e) Each person licensed under this chapter is responsible for renewing his or her li cense before the expiration date.
(f) Under procedures and conditions established by the board, a licensee may request that his or her license be declared inactive. The licensee may apply for active status at any time and upon meeting the conditions set by the board shall be declared active.
43-11A-15. The board may refuse to grant or renew a license to an applicant; administer a public or private reprimand, but a private reprimand shall not be disclosed to any person except the licensee; suspend any licensee for a definite period or for an indefinite period in connection with any condition which may be attached to the restoration of said license; limit or restrict any licensee as the board deems necessary for the protection of the public; revoke any license; condition the penalty upon, or withhold formal disposition pending, the appli cant's or licensee's submission to such care, counseling, or treatment as the board may di rect; or impose a fine not to exceed $500.00 for each violation of a law, rule, or regulation relating to the profession regulated by this chapter upon a finding by a majority of the entire board that the licensee or applicant has:
(1) Failed to demonstrate the qualifications or standards for a license contained in this Code section or under the laws, rules, or regulations under which licensure is sought or held; it shall be incumbent upon the applicant to demonstrate to the satisfaction of the board that said applicant meets all the requirements for the issuance of a license, and, if the board is not satisfied as to the applicant's qualifications, it may deny a license without a prior hearing; provided, however, that the applicant shall be allowed to appear before the board if he or she so desires;
(2) Knowingly made misleading, deceptive, untrue, or fraudulent representations in the practice of a business or profession licensed under this title or on any document connected therewith; or practiced fraud or deceit or intentionally made any false statement in ob taining a license to practice the licensed business or profession; or made a false statement or deceptive registration with the board;
(3) Been convicted of any felony or of any crime involving moral turpitude in the courts of this state or any other state, territory, or country or in the courts of the United States; as used in this paragraph and paragraph (4) of this Code section, the term 'felony' shall include any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere; and, as used in this paragraph, the term 'conviction' shall include a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought;
(4) Been arrested, charged, and sentenced for the commission of any felony, or any crime involving moral turpitude, where:
(A) A plea of nolo contendere was entered to the charge;
(B) First offender treatment without adjudication of guilt pursuant to the charge was granted; or
(C) An adjudication or sentence was otherwise withheld or not entered on the charge.
The plea of nolo contendere or the order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42, relating to probation of first offenders, or other first offender treat ment shall be conclusive evidence of arrest and sentencing for such crime;
(5) Had his or her license to practice a business or profession licensed under this title revoked, suspended, or annulled by any lawful licensing authority other than the board; or had other disciplinary action taken against him or her by any such lawful licensing authority other than the board; or was denied a license by any such lawful licensing authority other

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than the board, pursuant to disciplinary proceedings; or was refused the renewal of a license by any such lawful licensing authority other than the board, pursuant to disciplinary proceedings;
(6) Engaged in any unprofessional, immoral, unethical, deceptive, or deleterious con duct or practice harmful to the public, which conduct or practice materially affects the fit ness of the licensees or applicant to practice a business or profession licensed under this title, or of a nature likely to jeopardize the interest of the public, which conduct or practice need not have resulted in actual injury to any person or be directly related to the practice of the licensed business or profession but shows that the licensee or applicant has committed any act or omission which is indicative of bad moral character or untrustworthiness; unpro fessional conduct shall also include any departure from, or the failure to conform to, the minimal standards of acceptable and prevailing practice of the business or profession li censed under this title;
(7) Knowingly performed any act which in any way aids, assists, procures, advises, or encourages any unlicensed person or any licensee whose license has been suspended or re voked by a state examining board to practice a business or profession licensed under this title or to practice outside the scope of any disciplinary limitation placed upon the licensee by the board;
(8) Violated a statute, law, or any rule or regulation of this state, any other state, the state examining board regulating the business or profession licensed under this title, the United States, or any other lawful authority, without regard to whether the violation is criminally punishable, which statute, law, or rule or regulation relates to or in part regulates the practice of a business or profession licensed under this title, when the licensees or appli cant knows or should know that such action is violative of such statute, law, or rule or regulation; or violated a lawful order of the board previously entered by the board in a disciplinary hearing, consent decree, or license reinstatement;
(9) Been adjudged mentally incompetent by a court of competent jurisdiction within or outside of this state; any such adjudication shall automatically suspend the license of any such person and shall prevent the reissuance or renewal of any license so suspended for as long as the adjudication of incompetence is in effect; or
(10) Displayed an inability to practice a business or profession licensed under this title with reasonable skill and safety to the public or has become unable to practice the licensed business or profession with reasonable skill and safety to the public by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type of material.
43-11A-16. (a) Only a person licensed or otherwise authorized to practice under this article shall be engaged in dietetic practice or use the title 'dietitian' or use the letters 'LD' or any facsimile thereof or represent themselves to the public as a dietitian.
(b) Notwithstanding any other provisions of this Code section, a person duly registered as a registered dietitian shall have the right to use the title 'registered dietitian,' the desig nation 'RD,' or any facsimile thereof.
(c) Any person violating the provisions of subsection (a) of this Code section shall be guilty of a misdemeanor.
43-11A-17. Proceedings under this chapter shall be governed by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
43-11A-18. Nothing in this chapter shall be construed to affect or prevent:
(1) A student enrolled in an approved academic program in dietetics from engaging in the practice of dietetics under the supervision of a dietitian; or a dietetic technician, certi fied dietary manager, or dietetic aide in a health care facility from providing nutrition ser vices under the supervision of or in consultation with a dietitian;
(2) A dietitian who is serving in the armed forces of the United States or any other

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federal agency from engaging in the practice of dietetics, provided that such practice is re lated to service or employment;
(3) Persons licensed to practice the professions of dentistry, medicine, osteopathy, chi ropractic, nursing, or pharmacy from engaging in the practice of dietetics when incidental to the practice of their profession, except that such persons may not use the title 'dietitian';
(4) A nonresident registered dietitian from practicing dietetics in this state for five days without a license or up to 30 days per year with licensure from another state if the require ments for licensure are substantially equal to the requirements contained in this chapter;
(5) Employees of a department, agency, or division of state, county, or local government from engaging in the practice of dietetics within the discharge of official duties when such practice is directed by or in consultation with a dietitian licensed under this chapter;
(8) Persons who were engaged in dietetic practice prior to July 1, 1994, but the prohibi tion of Code Section 43-11A-16 shall apply to such persons on and after July 1, 1995;
(7) Persons who provide weight control services, provided the weight control program has been reviewed by, consultation is available from, and no program change can be initi ated without the prior approval of either a dietitian licensed under this chapter, a dietitian licensed in another state which has licensure requirements which are substantially equal to the requirements contained in this chapter, or a registered dietitian;
(8) Persons from marketing or distributing food, disseminating information on food, food materials, dietary or food supplements, or minerals or herbs, including but not limited to operators and employees of health food stores or other licensed businesses which sell such products, provided that such persons shall not engage in the oral or written explanation of the historical use, benefit, or preparation of such products which is intentionally deceptive or fraudulent, and such persons shall not furnish specific nutrition information related to such products which is deceptive or fraudulent. Persons included in this paragraph shall not use the title 'dietitian' and shall not designate themselves by any other term or title which implies that such persons are licensed under this chapter;
(9) The practice of the tenets of any religion, sect, or denomination whatsoever, pro vided that a member of such religion, sect, or denomination shall not use the title 'dietitian' and shall not designate himself or herself by any other term or title which implies that such member is engaged in dietetic practice; or
(10) Persons with a master's or doctorate degree from any regionally accredited college or university with a major course of study in human nutrition, food and nutrition, dietetics, food systems management, or nutrition education, or persons with a doctorate degree from a regionally accredited college or university with a major course of study in nutritional bio chemistry, provided that such persons shall not use the title 'dietitian.'
43-11A-19. A person who does not meet the requirements for licensure under this chap ter but who has been employed as a nutritionist under the state or a county merit system for at least five years prior to July 1, 1993, and who makes application for licensure as a dietitian prior to July 1, 1995, may be granted a license as a dietitian if he or she pays the required fee and complies with the continuing education requirements established by the board."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Walker of the 22nd moved that the Senate agree to the House substitute to SB 20.

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

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Broun of 46th Burton Coleman Crotts Day DTE-Ideigaen EFagrarnow Gillis
Glanton Gochenour Guhl Harbison

Hemmer Hill Hooks Huggins Isakson TLKaenmgpffordi off 2rt^9thi MMaardadbelne McGuire
Middleton Newbill Oliver Parrish

Pollard Ragan of llth Ragan of 32nd Ralston jjay uK,, ouu-inson *b,lotm* Starr
Taylor Turner Tysinger Walker

Those not voting were Senators:

Alien Brown of 26th Cheeks

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

Perdue Thomas Thompson

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 20.
The Calendar was resumed.
SB 401. By Senator Dean of the 31st:
A bill to amend Code Section 40-6-226 of the Official Code of Georgia Annotated, relating to offenses and penalties relating to handicapped parking, so as to pro vide that vehicles bearing license plates designating military veterans awarded the Purple Heart shall be accorded handicapped parking privileges. Senator Dean of the 31st moved that SB 401 be postponed until February 10, 1994.
On the motion, the yeas were 37, nays 0; the motion prevailed, and SB 401 was post poned to Thursday, February 10, 1994.
SB 394. By Senators Isakson of the 21st, Clay of the 37th, Edge of the 28th and Ralston of the 51st:
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 a home stead exemption from certain state and county ad valorem taxes in an amount equal to the amount of the assessed value of the homestead which exceeds the assessed value of that homestead for the taxable year immediately preceding the taxable year in which that exemption is first granted to a resident for certain residents of each county.
The Senate Finance and Public Utilities Committee offered the following substitute to SB 394:
A BILL
To be entitled an Act 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 a homestead exemption from certain state and county ad valorem taxes in an amount equal to the amount of the assessed value of the homestead which exceeds the assessed value of that homestead for the taxable year immediately preceding the taxable year in which that ex emption is first granted to a resident for certain residents of each county who have annual

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513

incomes not exceeding $30,000.00 and who are 62 years of age or over; to provide for defini tions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and auto matic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to property tax exemptions, is amended by adding a new Code section immediately following Code Section 48-5-47, to be designated Code Section 48-5-47.1, to read as follows:
"48-5-47.1. (a) For purposes of this Code section, the term:
(1) 'Ad valorem taxes' means all state ad valorem taxes and all county ad valorem taxes for county purposes levied by, for, or on behalf of a county, except for taxes to pay interest on and to retire bonded indebtedness.
(2) 'Base year' means the taxable year immediately preceding the taxable year in which the exemption under this Code section is granted.
(3) 'Homestead' as applied in this Code section shall mean the homestead as defined and qualified in Code Section 48-5-40, with the additional qualification that it shall include only the primary residence and not more than 5 contiguous acres of land immediately sur rounding such residence.
(4) 'Income' means federal adjusted gross income, as defined in the Internal Revenue Code of 1986, as amended, from all sources.
(5) 'Senior citizen' means a person who is 62 years of age or over on or before January 1 of the year in which application for the exemption under this Code section is made.
(b) Each resident of a county who is a senior citizen is granted an exemption on that person's homestead from all ad valorem taxes in an amount equal to the amount of the assessed value of that homestead which exceeds the assessed value of that homestead for the taxable year immediately preceding the taxable year in which this exemption is first granted to such resident, if that person's income, together with the income of the spouse of such person and any other person who resides within such homestead, does not exceed $30,000.00 for the immediately preceding taxable year. This exemption shall not apply to taxes as sessed on improvements to the homestead or additional land that is added to the homestead after January 1 of the base year. If any real property is removed from the homestead, the assessment in the base year shall be adjusted to reflect such removal and the exemption shall be recalculated accordingly.
(c) A person shall not receive the homestead exemption granted by subsection (b) of this Code section unless the person or person's agent files an affidavit with the tax commis sioner of the county giving the person's age and the amount of gross income which the person and the person's spouse and any other persons residing within such homestead re ceived during the last taxable year, and such additional information relative to receiving such exemption as will enable the tax commissioner to make a determination as to whether such owner is entitled to such exemption. The tax commissioner shall provide affidavit forms for this purpose.
(d) The tax commissioner of the county or the designee thereof shall provide applica tion forms for the exemption granted by this Code section and shall require such informa tion as may be necessary to determine the initial and continuing eligibility of the owner for the exemption.
(e) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1. The exemption shall be automatically renewed from year to year as long as the owner occu pies the residence as a homestead. After a person has filed the proper affidavit as provided in subsection (c) of this Code section, it shall not be necessary to make application and file such affidavit thereafter for any year and the exemption shall continue to be allowed to such

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person. It shall be the duty of any person granted the homestead exemption under this Code section to notify the tax commissioner of the county or the designee thereof in the event that person for any reason becomes ineligible for that exemption.
(f) The exemption granted by this Code section shall not apply to or affect any munici pal taxes or county school district taxes for educational purposes. The homestead exemption granted by this Code section shall be in lieu of and not in addition to any other homestead exemption applicable to county ad valorem taxes for county purposes.
(g) The exemption granted by this Code section shall apply to all taxable years begin ning on or after January 1, 1995."
Section 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the Secretary of State shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the State of Georgia for approval or rejec tion. The Secretary of State shall conduct that election on the date of the November, 1994, state-wide general election. The Secretary of State shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of each county in this state. The ballot shall have written or printed thereon the words:

"[ ] YES [ ] NO

Shall the Act be approved which provides a homestead exemption from state ad valorem taxes and county ad valorem taxes for county purposes in an amount equal to the amount of the assessed value of the homestead which exceeds the assessed value of that homestead for the taxable year immediately preceding the taxable year in which such exemption is first granted to a resident for certain residents of each county who are 62 years of age or over and who have annual incomes not exceeding $30,000.00?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect on January 1, 1995. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date.

Section 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

Section 4. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

Those voting in the affirmative were Senators:

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

Cheeks Coleman Crotts Day Dean Edge Egan Farrow Gillis

Glanton Gochenour Guhl Harbison Hemmer Henson Hill Hooks Huggins

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515

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

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

Those not voting were Senators:

Alien

Clay (excused)

Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker
Langford of 35th (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.

SB 446. By Senators Baugh of the 25th and Kemp of the 3rd:
A bill to amend Code Section 31-10-16 of the Official Code of Georgia Annotated, relating to criteria for determining death, so as to authorize coroners and deputy coroners to make such determinations under certain conditions.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Coleman Crotts Dean Edge Egan Farrow Gillis Glanton

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

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

Voting in the negative were Senators Balfour and Gochenour.

Those not voting were Senators:

Alien Clay (excused)

Day Langford of 35th (excused)

Ralston

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

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The bill, having received the requisite constitutional majority, was passed.
SB 506. By Senators Starr of the 44th and Robinson of the 16th:
A bill 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 defini tions; to provide for powers, duties, and authority of local officials with respect to such property tax amnesty program; to provide an effective date.
The Senate Finance and Public Utilities Committee offered the following substitute to SB 506:
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 provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by adding a new chapter immediately following Chapter 16, to be des ignated Chapter 16A, to read as follows:
"CHAPTER 16A
48-16A-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 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 chapter that the property tax amnesty program provided under this chapter 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 chapter.
48-16A-2. This chapter shall be known and may be cited as the 'Property Tax Amnesty Program Act.'
48-16A-3. As used in this chapter, the term:
(1) 'Ad valorem tax' or 'property tax' means any state or local ad valorem tax levied by any taxing jurisdiction.
(2) 'Administering governing authority' means the county governing authority in the case of state, county, and school ad valorem tax or the municipal governing authority in the case of municipal or independent school system ad valorem tax.
(3) 'Delinquent taxes' means an amount of ad valorem property tax, penalty, or interest which has been recorded as due and entered in the account records or any ledger main tained in the office of the local collection official, or which a taxpayer should reasonably expect to become due as a direct or indirect result of any pending or completed audit or

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517

assessment, which a taxpayer knows is being conducted by any state or local assessing authority.
(4) '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 appeal.
(5) 'Governing authority' means that official or group of officials responsible for the governing of a taxing jurisdiction.
(6) 'Local collection official' means that local official responsible for the collection of ad valorem taxes.
(7) '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.
(8) '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 ad valorem tax.
48-16A-4. (a) Upon the adoption of a resolution or ordinance by the governing authority of each local taxing jurisdiction for which a local collection official collects delinquent taxes indicating that governing authority's desire to participate in the Property Tax Amnesty Program, the administering governing authority shall be authorized to develop and adminis ter a one-time property tax amnesty program as provided in this chapter. The county gov erning authority shall be authorized to include the state's delinquent tax in the Property Tax Amnesty Program. Such administering 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 Decem ber 31, 1993. The terms and conditions of such waiver shall be specified in the resolution or ordinance adopted by such administering governing authority 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 case-by-case basis. The administering governing authority shall provide for the necessary forms for the filing of property tax amnesty applications and returns.
(b) 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 sub ject to being assessed for outstanding ad valorem tax liabilities for all tax years ending or transactions occurring on or before December 31, 1993. Such waiver shall be in accordance with the terms of the resolution or ordinance of the administering governing authority.
(c) Any property tax amnesty program conducted under the authority of this chapter shall begin by October 31, 1994, and shall be completed no later than December 31, 1994, 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, 1993. Property tax amnesty tax return forms shall be in a form prescribed by the administering governing authority.
48-16A-5. (a) The provisions of this chapter shall apply to any eligible taxpayer who files an application for property tax amnesty within the time prescribed by the administer ing governing authority and does the following:
(1) Files such returns as may be required by the local 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 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;

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(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 such local collection official; and
(3) The administering 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 property tax amnesty period all ad valorem taxes and, if required, penalties and interest previously levied and assessed that are final, due, and owing at the time the application or property tax amnesty tax returns are filed.
(b) An eligible taxpayer may participate in the property tax amnesty program whether or not the taxpayer is under audit, notwithstanding the fact that the amount due is based upon a proposed assessment or an assessment and without regard to whether the amount due is subject to a pending administrative or judicial proceeding. An eligible taxpayer may participate in the property tax amnesty program to the extent of the uncontested portion of any assessed ad valorem tax liability. However, participation in the program shall be condi tioned upon the taxpayer's agreement that the right to protest or initiate an administrative or judicial proceeding or to claim any refund of moneys paid under the program is barred with respect to the amounts paid with the application or property tax amnesty return.
(c) The local collection official may enter into an installment payment agreement in cases 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 48-16A-6.
48-16A-6. (a) Property tax amnesty shall be granted for any taxpayer who meets the requirements of Code Section 48-16A-5 in accordance with the following:
(1) For ad valorem taxes which are owed as a result of the nonreturning or underreturning of any ad valorem tax liabilities or the nonpayment of any delinquent ad valorem taxes owed by an eligible taxpayer, the local collection official 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 48-16A-5, 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 chapter.
(b) This chapter 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 subdi vision thereof, nor shall this chapter apply to any taxpayer who is the subject of any crimi nal litigation which is pending on the date of the taxpayer's application in any court of this

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519

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 48-16A-5.
(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.
48-16A-7. (a) All installment agreements authorized under subsection (c) of Code Sec tion 48-16A-5 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 tax under this chapter is refunded or credited within 180 days after the return is filed, no interest shall be allowed.
48-16A-8. The administering governing authority shall publicize the property tax am nesty program in order to maximize the public awareness of and participation in the pro gram. The administering governing authority may, for the purpose of publicizing the prop erty tax amnesty program, contract with any advertising agency within or outside this state.
48-16A-9. For purposes of accounting for the revenues received pursuant to this chap ter, the local collection official shall maintain an accounting and reporting of funds collected under the property tax amnesty program.
48-16A-10. (a) In addition to all other penalties provided under this chapter or any other law, the administering governing authority may by ordinance or resolution impose after the expiration of the property tax amnesty period a cost of collection fee of 50 percent of any deficiency levied after the property tax amnesty period for taxable periods ending on or before December 31, 1993, regardless of when due. This fee shall be in addition to all other applicable 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."
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 39, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Baugh Blitch Boshears

Bowen Broun of 46th Brown of 26th Burton Cheeks

Coleman Crotts Day Dean Edge

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Farrow Gillis Glanton Gochenour Guhl Harbison Hemmer Henson Hill Hooks Huggins

Kemp Langford of 29th Madden Marable McGuire Middleton Newbill Oliver Parrish Pollard Ragan of llth

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

Voting in the negative was Senator Egan.

Those not voting were Senators:

Alien Clay (excused) Isakson

Langford of 35th (excused) Ralston

Perdue

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.

SB 512. 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 the authority of the State Board of Examiners of Psychologists; to change the provisions prohibiting unlicensed per sons from holding themselves out as psychologists; to change the requirements for applicants for licensing; to change the provisions relating to examinations of applicants.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
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 Coleman Crotts Day Dean Edge Egan

Farrow Gillis Glanton Gochenour Guhl Hemmer Henson Hill Hooks Huggins Kemp Langford of 29th Madden Marable McGuire Middleton

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

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521

Those not voting were Senators:

Cheeks Clay (excused) Harbison

Isakson Langford of 35th (excused) Pollard

Ralston Starr

On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 527. By Senators Gillis of the 20th, Huggins of the 53rd, Farrow of the 54th and others:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to Game and Fish, so as to change the definition of game fish; to change the creel and possession limits for certain fish; to change the list of streams declared to be artificial-lure streams; to change the waters in which live bait may be used; to provide an effective date.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh
Blitch Boshears _Bowen Broun of 46th Brown of 26th Burton Coleman Crotts Day Dean Edge Egan

Farrow Gillis Glanton Gochenour
Guhl Harbison THTemmer Hill Hooks Huggins Kemp Langford of 29th Madden Marable McGuire Middleton

Newbill Oliver Parrish Ragan of llth Ragan of 32nd
. hlotln Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Cheeks Clay (excused) Henson

Isakson Langford of 35th (excused) Perdue

Pollard Robinson Starr

On the passage of the bill, the yeas were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Balfour of the 9th introduced the doctor of the day, Dr. Larry Anderson of Lithonia, Georgia.
Senator Ray of the 19th moved that the Senate do now adjourn until 9:30 A.M. to morrow; the motion prevailed, and the President announced the Senate adjourned at 12:17 P.M.

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Senate Chamber, Atlanta, Georgia Wednesday, February 9, 1994 Eighteenth Legislative Day

The Senate met pursuant to adjournment at 9:30 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 679. By Representatives Mobley of the 69th, Randall of the 127th, Turnquest of the 73rd, Henson of the 65th, Baker of the 70th and others:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide for the issuance of certain orders in certain domestic relations cases.
HB 1297. By Representatives Birdsong of the 123rd, Barfoot of the 155th, Padgett of the 119th, Bargeron of the 120th, Smith of the 175th and others:
A bill to amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to property exempt from ad valorem taxation, so as to provide for the exemption from ad valorem taxes of certain property owned by veterans organizations.
HB 1485. By Representative Irvin of the 45th:
A bill to amend an Act completely and exhaustively revising the laws pertaining to the Fulton County Personnel Board and the Fulton County Merit System of Personnel Administration, so as to regulate the receipt and investigation of com plaints or information from county employees concerning fraud, waste, and abuse in or relating to any county programs or operations.
HB 1638. By Representative Brooks of the 103rd:
A bill to amend an Act creating the Franklin-Heard County Water Authority, so as to change the qualifications for members of the authority; to provide that a majority of the members of the authority shall be users of the facilities of the authority.
HB 1650. By Representatives Shipp of the 38th, Atkins of the 29th, Hammond of the 32nd, Klein of the 39th, Vaughan of the 34th and others:
A bill to amend an Act reincorporating and providing a new charter for the City of Acworth, so as to adopt an official map of the corporate limits of the City of Acworth and to confirm the corporate boundaries of the City of Acworth.

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523

HB 1652. By Representatives Watson of the 139th, Walker of the 141st, Floyd of the 138th and Ray of the 128th:
A bill to provide a homestead exemption from all City of Warner Robins ad valorem taxes for any city purposes, including but not limited to taxes to retire bonded indebtedness, in the amount of $8,000.00 of the assessed value of the homestead for certain persons who have been residents of the City of Warner Robins for at least the immediately preceding five years and who are 62 years of age or over in 1994.
HB 1262. By Representatives Patten of the 176th, Dobbs of the 92nd, Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Water Quality Control Act," so as to transfer the ad ministration of certain federal grants from the Environmental Protection Divi sion of the Department of Natural Resources to the Georgia Environmental Fa cilities Authority.
HB 1263. By Representatives Patten of the 176th, Dobbs of the 92nd, Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Code Section 8-2-23 of the Official Code of Georgia Annotated, relating to the amendment and revision of certain state codes, so as to change a reference to the Office of Energy Resources; to provide for the transfer of assets and liabilities of and personnel employed by or assigned to the Office of Energy Resources to such authority.
HB 230. By Representatives Thomas of the 100th and Cummings of the 27th:
A bill to amend Code Section 47-3-90 of the Official Code of Georgia Annotated, relating to granting creditable service under the Teachers Retirement System of Georgia for certain periods when members were absent because of pregnancy, so as to change the provisions relating to qualifying for such creditable service and the payment required for such creditable service.
HB 1382. By Representatives Hudson of the 156th, Johnson of the 148th, Ray of the 128th, Cox of the 160th, Hanner of the 159th and others:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change a certain definition; to make the liberation of domestic fish without a permit unlawful; to require fishing licenses of persons who fish in private ponds owned or operated by certain governmental entities; to require persons in possessions of game fish from wholesale or retail fish dealers to possess a bill of sale or lading.
HB 1265. By Representatives Stephenson of the 25th and Harris of the 112th:
A bill to amend Code Section 40-2-85 of the Official Code of Georgia Annotated, relating to special and distinctive license plates for survivors of Pearl Harbor, so as to eliminate the requirement for a minimum number of applicants for such license plates.
HB 1266. By Representatives Stephenson of the 25th and Harris of 112th:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige and special license plates, so as to provide that there shall be no additional annual registration fee for firefighters' license plates.

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HB 989. By Representatives Stanley of the 49th, Randall of the 127th, McKinney of the 51st, Stanley of the 50th and Davis of the 48th:
A bill to amend Code Section 36-61-9 of the Official Code of Georgia Annotated, relating to the exercise of the powers of eminent domain by a municipal corpora tion or a county for urban development purposes, so as to provide that a munici pal corporation of a county may use any water or tax liens to set off an award made in any such condemnation proceedings.
HB 838. By Representatives Snow of the 2nd, Harris of the 112th, Bargeron of the 120th, Padgett of the 119th, Powell of the 23rd and others:
A bill to amend Article 1 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions relative to the Georgia Bureau of Inves tigation, so as to provide for the submission and testing of certain substances or evidence to certain laboratories.
HB 1333. By Representatives Snow of the 2nd, Murphy of the 18th, Parham of the 122nd, Streat of the 167th, Carrell of the 87th and others:
A bill to amend Code Section 35-2-12 of the Official Code of Georgia Annotated, relating to participation in or contribution to political campaigns by employees of the Department of Public Safety, so as to provide for an exception; to authorize employees of the department to offer for and hold elective office as a member of a county governing authority, a member of a county or independent board of education.
HB 1411. By Representatives Powell of the 23rd and Watson of the 139th:
A bill to amend Chapter 10 of Title 25 of the Official Code of Georgia Annotated, relating to the regulation of fireworks, so as to change the definition of the term "fireworks".
HB 1340. By Representatives Reichert of the 126th and Barnes of the 33rd:
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, so as to provide that the surviving spouse of a veteran who was awarded the Purple Heart cita tion, of a veteran who survived the attack on Pearl Harbor, or of a retired or other veteran of any war or armed conflict shall be entitled to continue to renew the special license plate for which the deceased veteran was qualified so long as the surviving spouse does not remarry.
HB 1393. By Representatives Brown of the 117th, Williams of the 114th and Johnson of the 148th:
A bill to amend Chapter 22 of Title 33 of the Official Code of Georgia Annotated, known as the "Insurance Premium Finance Company Act," so as to require pre mium finance companies to provide written disclosure to insureds of the exis tence within a premium finance agreement of any power of attorney enabling such premium finance company to cancel any insurance contract listed in the agreement.
HB 1512. By Representative Hanner of the 159th:
A bill to amend Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to fish, so as to authorize the Board of Natural Resources to promulgate rules and regulations establishing the gear and methods allowed for bait shrimp ing; to provide for the sale of live bait shrimp between bait dealers.

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525

HB 912. By Representatives Dixon of the 168th, Scoggins of the 24th, Golden of the 177th and Atkins of the 29th:
A bill to amend Code Section 3-9-11 of the Official Code of Georgia Annotated, relating to license to provide in-room service by hotels, so as to provide that distilled spirits provided by in-room service shall not be sold in packages con taining less than 50 milliliters each.
HB 1217. By Representatives Parham of the 122nd, Parrish of the 144th, Twiggs of the 8th and Atkins of the 29th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change the listing of controlled sub stances and dangerous drugs.
HB 1226. By Representatives Skipper of the 137th, Watson of the 139th, Chandler of the 99th and Dixon of the 150th:
A bill to amend Chapter 39A of Title 43 of the Official Code of Georgia Anno tated, relating to real estate appraisers, so as to authorize the Georgia Real Es tate Appraisers Board to issue certain temporary permits; to define a certain term; to provide a penalty for a real estate appraiser providing an oral appraisal report in certain transactions and related matters.
HB 1227. By Representatives Skipper of the 137th, Watson of the 139th, Chandler of the 99th and Dixon of the 150th:
A bill to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to provide that the real estate commissioner may designate persons to certify certain records; to provide that for purposes of certain licensure, the term "conviction" includes first of fender treatment and pleas of nolo contender for certain offenses.
HB 1391. By Representatives Skipper of the 137th, Dixon of the 150th, Chandler of the 99th, Powell of the 23rd, Watson of the 139th and others:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to repeal Chapter 36 of such title, the "Georgia Polygraph Examiners Act".
HB 1307. By Representative Coker of the 31st:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide certain changes in the manner in which the Commis sioner of Insurance handles rate filings.
HB 866. By Representative Powell of the 23rd:
A bill to amend Chapter 8 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of blasting operations, so as to provide that blasters shall be licensed in compliance with Code Section 25-2-17, relating to regulation of manufacture, transport, use, sale, or storage of explosives.
HB 1399. By Representatives Powell of the 23rd, Parham of the 122nd, Harris of the 112th and Chandler of the 99th:
A bill to amend Article 4 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to restoration of drivers' licenses to persons completing a de fensive driving course or alcohol or drug program, so as to authorize the Depart ment of Human Resources to require surety bonds of DUI alcohol or drug use risk reduction programs.

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SB 253. By Senators Robinson of the 16th and Oliver of the 42nd:
A bill to amend Code Section 47-9-73 of the Official Code of Georgia Annotated, relating to spouses benefits coverage under the Superior Court Judges Retire ment System, so as to provide that any member who rejected spouses benefits coverage may obtain such coverage by paying all required past amounts; to pro vide for related matters; to provide conditions for an effective date and for auto matic repeal.
HB 1362. By Representatives Barnes of the 33rd, Towery of the 30th and Hammond of the 32nd:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to regulate and restrict the expenditure of public market ing resources.
HB 1594. By Representatives Chambless of the 163rd, Walker of the 141st and Stancil of the 16th:
A bill to amend Code Section 28-1-16 of the Official Code of Georgia Annotated, relating to issuance of subpoenas for proceedings of the ethics committees of the General Assembly, so as to provide that the chairperson or acting chairperson of either committee may initiate an application for issuance of a subpoena.
HB 1493. By Representatives Davis of the 48th, Stanley of the 50th and McKinney of the 51st:
A bill to amend Code Section 43-38-6 of the Official Code of Georgia Annotated, relating to qualifications for a license to engage in the private detective or private security business, so as to change the requirements for licensure of private detec tive and private security businesses.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 212. By Senator Egan of the 40th:
A bill to amend an Act creating a State Court of Fulton County by consolidation of the existing Civil Court of Fulton County and the Criminal Court of Fulton County, as amended, so as to provide an additional judge for the State Court of Fulton County; to provide for the appointment of the initial additional judge and the election of successors.
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 744. By Representative Reaves of the 178th:
A resolution authorizing the conveyance of certain state-owned real property lo cated in Brooks County, Georgia.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 609. By Senators Guhl of the 45th, McGuire of the 30th, Gochenour of the 27th and others:
A bill to amend Part 1 of Art; ; 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating i, certain privileges and confidentiality regarding certain testimony and communications of witnesses generally, so as to provide

WEDNESDAY, FEBRUARY 9, 1994

527

that a husband and wife shall be competent and compellable to give evidence in certain criminal proceedings; to limit such evidence. Referred to Committee on Judiciary.
SR 494. By Senators Scott of the 36th, Robinson of the 16th, Ray of the 19th and others:
A resolution amending the Rules of the Senate. Referred to Committee on Rules.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 230. By Representatives Thomas of the 100th and Cummings of the 27th:
A bill to amend Code Section 47-3-90 of the Official Code of Georgia Annotated, relating to granting creditable service under the Teachers Retirement System of Georgia for certain periods when members were absent because of pregnancy, so as to change the provisions relating to qualifying for such creditable service and the payment requirement for such creditable service. Referred to Committee on Retirement.
HB 679. By Representatives Mobley of the 69th, Randall of the 127th, Turnquest of the 73rd and others:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide for the issuance of certain orders in certain domestic relations cases. Referred to Committee on Judiciary.
HB 838. By Representatives Snow of the 2nd, Harris of the 112th, Bargeron of the 120th and others:
A bill to amend Article 1 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions relative to the Georgia Bureau of Inves tigation, so as to provide for the submission and testing of certain substances or evidence to certain laboratories. Referred to Committee on Public Safety.
HB 866. By Representative Powell of the 23rd:
A bill to amend Chapter 8 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of blasting operations, so as to provide that blasters shall be licensed in compliance with Code Section 25-2-17, relating to regulation of manufacture, transport, use, sale, or storage of explosives. Referred to Committee on Science, Technology and Industry.
HB 912. By Representatives Dixon of the 168th, Scoggins of the 24th, Golden of the 177th and Atkins of the 29th:
A bill to amend Code Section 3-9-11 of the Official Code of Georgia Annotated, relating to license to provide in-room service by hotels, so as to provide that distilled spirits provided by in-room service shall not be sold in packages con taining less than 50 milliliters each. Referred to Committee on Consumer Affairs.

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JOURNAL OF THE SENATE

HB 989. By Representatives Stanley of the 49th, Randall of the 127th, McKinney of the 51st and others:
A bill to amend Code Section 36-61-9 of the Official Code of Georgia Annotated, relating to the exercise of the powers of eminent domain by a municipal corpora tion or a county for urban development purposes, so as to provide that a munici pal corporation of a county may use any water or tax liens to set off an award made in any such condemnation proceedings.
Referred to Committee on Special Judiciary.
HB 1217. By Representatives Parham of the 122nd, Parrish of the 144th, Twiggs of the 8th and Atkins of the 29th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change the listing of controlled sub stances and dangerous drugs.
Referred to Committee on Health and Human Services.
HB 1226. By Representatives Skipper of the 137th, Watson of the 139th, Chandler of the 99th and Dixon of the 150th:
A bill to amend Chapter 39A of Title 43 of the Official Code of Georgia Anno tated, relating to real estate appraisers, so as to authorize the Georgia Real Es tate Appraisers Board to issue certain temporary permits; to define a cetain term; to provide a penalty for a real estate appraiser providing an oral appraisal report in certain transactions and related matters.
Referred to Committee on Science, Technology and Industry.
HB 1227. By Representatives Skipper of the 137th, Watson of the 139th, Chandler of the 99th and Dixon of the 150th:
A bill to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to provide that the real estate commissioner may designate persons to certify certain records; to provide that for purposes of certain licensure, the term "conviction" includes first of fender treatment and pleas of nolo contenders for certain offenses.
Referred to Committee on Science, Technology and Industry.
HB 1262. By Representatives Patten of the 176th, Dobbs of the 92nd, Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Water Quality Control Act," so as to transfer the ad ministration of certain federal grants from the Environmental Protection Divi sion of the Department of Natural Resources to the Georgia Environmental Fa cilities Authority.
Referred to Committee on Natural Resources.
HB 1263. By Representatives Patten of the 176th, Dobbs of the 92nd, Baker of the 70th and others:
A bill to amend Code Section 8-2-23 of the Official Code of Georgia Annotated, relating to the amendment and revision of certain state codes, so as to change a reference to the Office of Energy Resources; to provide for the transfer of assets and liabilities of and personnel employed by or assigned to the Office of Energy Resources to such authority.
Referred to Committee on Natural Resources.

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529

HB 1265. By Representatives Stephenson of the 25th and Harris of the 112th:
A bill to amend Code Section 40-2-85 of the Official Code of Georgia Annotated, relating to special and distinctive license plates for survivors of Pearl Harbor, so as to eliminate the requirement for a minimum number of applicants for such license plates. Referred to Committee on Public Safety.
HB 1266. By Representatives Stephenson of the 25th and Harris of the 112th:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige and special license plates, so as to provide that there shall be no additional annual registration fee for firefighters" license plates. Referred to Committee on Public Safety.
HB 1297. By Representatives Birdsong of the 123rd, Barfoot of the 155th, Padgett of the 119th and others:
A bill to amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to property exempt from ad valorem taxation, so as to provide for the exemption from ad valorem taxes of certain property owned by veterans organizations. Referred to Committee on Finance and Public Utilities.
HB 1307. By Representative Coker of the 31st:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide certain changes in the manner in which the Commis sioner of Insurance handles rate filings. Referred to Committee on Insurance and Labor.
HB 1333. By Representatives Snow of the 2nd, Murphy of the 18th, Parham of the 122nd and others:
A bill to amend Code Section 35-2-12 of the Official Code of Georgia Annotated, relating to participation in or contribution to political campaigns by employees of the Department of Public Safety, so as to provide for an exception; to authorize employees of the department to offer for and hold elective office as a member of a county governing authority, a member of a county or independent board of education. Referred to Committee on Ethics.
HB 1340. By Representatives Reichert of the 126th and Barnes of the 33rd:
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, so as to provide that the surviving spouse of a veteran who was awarded the Purple Heart cita tion, of a veteran who survived the attack on Pearl Harbor, or of a retired or other veteran of any war or armed conflict shall be entitled to continue to renew the special license plate for which the deceased veteran was qualified so long as the surviving spouse does not remarry. Referred to Committee on Public Safety.
HB 1362. By Representatives Barnes of the 33rd, Towery of the 30th and Hammond of the 32nd:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to regulate and restrict the expenditure of public market ing resources. Referred to Committee on Judiciary.

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JOURNAL OF THE SENATE

HB 1382. By Representatives Hudson of the 156th, Johnson of the 148th, Ray of the 128th and others:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change a certain definition; to make the liberation of domestic fish without a permit unlawful; to require fishing licenses of persons who fish in private ponds owned or operated by certain governmental entities; to require persons in possessions of game fish from wholesale or retail fish dealers to possess a bill of sale or lading. Referred to Committee on Natural Resources.
HB 1391. By Representatives Skipper of the 137th, Dixon of the 150th, Chandler of the 99th and others:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to repeal Chapter 36 of such title, the "Georgia Polygraph Examiners Act". Referred to Committee on Science, Technology and Industry.
HB 1393. By Representatives Brown of the 117th, Williams of the 114th and Johnson of the 148th:
A bill to amend Chapter 22 of Title 33 of the Official Code of Georgia Annotated, known as the "Insurance Premium Finance Company Act," so as to require pre mium finance companies to provide written disclosure to insureds of the exis tence within a premium finance agreement of any power of attorney enabling such premium finance company to cancel any insurance contract listed in the agreement. Referred to Committee on Insurance and Labor.
HB 1399. By Representatives Powell of the 23rd, Parham of the 122nd, Harris of the 112th and Chandler of the 99th:
A bill to amend Article 4 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to restoration of drivers' licenses to persons completing a de fensive driving course or alcohol or drug program, so as to authorize the Depart ment of Human Resources to require surety bonds of DUI alcohol or drug use risk reduction programs. Referred to Committee on Judiciary.
HB 1411. By Representatives Powell of the 23rd and Watson of the 139th:
A bill to amend Chapter 10 of Title 25 of the Official Code of Georgia Annotated, relating to the regulation of fireworks, so as to change the definition of the term "fireworks". Referred to Committee on Science, Technology and Industry.
HB 1493. By Representatives Davis of the 48th, Stanley of the 50th and McKinney of the 51st:
A bill to amend Code Section 43-38-6 of the Official Code of Georgia Annotated, relating to qualifications for a license to engage in the private detective or private security business, so as to change the requirements for licensure of private detec tive and private security businesses. Referred to Committee on Science, Technology and Industry.
HB 1512. By Representative Hanner of the 159th:
A bill to amend Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to fish, so as to authorize the Board of Natural Resources to promulgate

WEDNESDAY, FEBRUARY 9, 1994

531

rules and regulations establishing the gear and methods allowed for bait shrimp ing; to provide for the sale of live bait shrimp between bait dealers. Referred to Committee on Natural Resources.
HB 1594. By Representatives Chambless of the 163rd, Walker of the 141st and Stancil of the 16th: A bill to amend Code Section 28-1-16 of the Official Code of Georgia Annotated, relating to issuance of subpoenas for proceedings of the ethics committees of the General Assembly, so as to provide that the chairperson or acting chairperson of either committee may initiate an application for issuance of a subpoena.
Referred to Committee on Ethics.
HR 744. By Representative Reaves of the 178th: A resolution authorizing the conveyance of certain state-owned real property lo cated in Brooks County, Georgia.
Referred to Committee on Finance and Public Utilities.
HB 1485. By Representative Irvin of the 45th: A bill to amend an Act completely and exhaustively revising the laws pertaining to the Fulton County Personnel Board and the Fulton County Merit System of Personnel Administration, so as to regulate the receipt and investigation of com plaints or information from county employees concerning fraud, waste, and abuse in or relating to any county programs or operations.
Referred to Committee on Urban and County Affairs.
HB 1638. By Representative Brooks of the 103rd: A bill to amend an Act creating the Franklin-Heard County Water Authority, so as to change the qualifications for members of the authority; to provide that a majority of the members of the authority shall be users of the facilities of the authority.
Referred to Committee on Urban and County Affairs.
HB 1650. By Representatives Shipp of the 38th, Atkins of the 29th, Hammond of the 32nd and others: A bill to amend an Act reincorporating and providing a new charter for the City of Acworth, so as to adopt an official map of the corporate limits of the City of Acworth and to confirm the corporate boundaries of the City of Acworth.
Referred to Committee on Urban and County Affairs.
HB 1652. By Representatives Watson of the 139th, Walker of the 141st, Floyd of the 138th and Ray of the 128th: A bill to provide a homestead exemption from all City of Warner Robins ad valorem taxes for any city purposes, including but not limited to taxes to retire bonded indebtedness, in the amount of $8,000.00 of the assessed value of the homestead for certain persons who have been residents of the City of Warner Robins for at least the immediately preceding five years and who are 62 years of age or over in 1994.
Referred to Committee on Urban and County Affairs.
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Economic Development, Tourism and Cultural Affairs has had

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JOURNAL OF THE SENATE

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 569. Do pass. SB 589 Do pass.

HB 1357. Do pass. HB 1379. Do pass.

Respectfully submitted,

Senator Broun of the 46th District, Chairman

Mr. President:

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

SB 100. Do pass as amended.

SB 484. Do pass.

SB 396. Do pass by substitute. SB 473. Do pass.

SB 554. Do pass.

Respectfully submitted,

Senator Hill of the 4th District, Chairman

Mr. President:

The Committee on Governmental Operations has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 55. Do pass. SB 497. Do pass by substitute. HB 376. Do pass by substitute.
Respectfully submitted,
Senator Alien of the 2nd District, Chairman

Mr. President:

The Committee on Health and Human Services has had under consideration the follow ing bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 511. Do pass by substitute. SB 565. Do pass by substitute.
Respectfully submitted,
Senator Walker of the 22nd District, Chairman

Mr. President:

The Committee on Natural Resources has had under consideration the following bills and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 592. Do pass.
SB 606. Do pass.

WEDNESDAY, FEBRUARY 9, 1994

533

SR 473. Do pass.

Respectfully submitted, Senator Gillis of the 20th District, Chairman

Mr. President:

The Committee on Public Safety has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 494. Do pass by substitute.
Respectfully submitted,
Senator Bowen of the 13th District, Chairman

Mr. President:

The Committee on Transportation has had under consideration the following bill and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 543. Do pass by substitute.
SR 453. Do pass.
Respectfully submitted,
Senator Coleman of the 1st District, Chairman

Mr. President:

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

HB 1577. HB 1580. HB 1587. HB 1592. HB 1593.

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

HB 1602. Do pass. HB 1603 Do pass
HB 1604. Do pass. HB 1606' Do Pass'

HB 1598. Do pass.

HB 1607. Do pass. Respectfully submitted,
Senator Thompson of the 33rd District, Chairman

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

SB 77 SB 468 SB 474 SB 504 SB 505 SB 556
SB 564

SB 573 SB 574 SB 579 HB 1142 HB 1223 HB 1235

HB 1256 HB 1283 HB 1311 HB 1342 HB 1386 HB 1387

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JOURNAL OF THE SENATE

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

Balfour Baugh Blitch Boshears Bowen Broun of 46th Burton Cheeks Clay Coleman Crotts Day Dean Edge Egan Farrow Gillis

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

Those not answering were Senators:

Abernathy Alien

Brown of 26th Langford of 35th

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

Senator Marable of the 52nd introduced the chaplain of the day, Reverend Gordon Wells, pastor of New Life of Saint John Baptist Church, Rome, Georgia, who offered scrip ture reading and prayer.
The following resolutions were read and adopted:

SR 492. By Senators Burton of the 5th, Tysinger of the 41st, Thomas of the 10th and others:
A resolution commending Dr. Marvin M. Cole.

SR 493. By Senators Hill of the 4th, Scott of the 36th, Kemp of the 3rd and others: A resolution commending Kara Martin.
The following local, uncontested bills of the House, favorably reported by the commit tee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR Wednesday, February 9, 1994
EIGHTEENTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)

HB 1577 Ragan, llth Bowen, 13th MITCHELL COUNTY
Amends an Act creating the State Court of Mitchell County, so as to change the provisions relating to the compensation of the Judge and Solicitor of said court.

WEDNESDAY, FEBRUARY 9, 1994

535

HB 1580 Taylor, 12th CALHOUN COUNTY
Amends an Act placing the sheriff of Calhoun County on an annual salary, so as to change the provisions relating to the compensation of the sheriff.
HB 1587 Crotts, 17th BUTTS COUNTY
Amends an Act creating the Board of Commissioners of Butts County, so as to change the compensation of the chairperson and each member of the board of commissioners.
HB 1592 McGuire, 30th CARROLL COUNTY
Provides that vehicles shall be registered and licensed to operate for the en suing year and thereafter in Carroll County during designated registration periods.
HB 1593 Kemp, 3rd CITY OF MIDWAY
Amends an Act entitled "An Act to repeal an Act incorporating the Town of Midway," so as to change the corporate boundaries of the City of Midway.
HB 1598 Hooks, 14th CITY OF ELLAVILLE/SCHLEY COUNTY
Amends an Act entitled "An Act to create and establish the Ellaville-Schley County Charter Commission," so as to change certain provisions relative to the referendum; to extend the time within which the charter commission is required to prepare, file, and complete the charter.
HB 1602 Perdue, 18th CITY OF WARNER ROBINS/HOUSTON COUNTY
Amends an Act providing a new charter for the City of Warner Robins in Houston County, as to change the provisions relating to the general powers of the mayor and council.
HB 1603 Perdue, 18th CITY OF WARNER ROBINS
Amends an Act creating the Warner Robins Building Authority, so as to pro vide that the city clerk of the City of Warner Robins shall serve as secretary of the Authority.
HB 1604 Langford, 29th TROUP COUNTY Provides a homestead exemption from Troup County School District ad valorem taxes for educational purposes in the amount of $10,000 of the as sessed value of that homestead for certain residents of that school district who have annual incomes not exceeding $22,000 and who are 65 years of age or over.
HB 1606 Perdue, 18th CITY OF CENTERVILLE Provides a homestead exemption from all City of Centerville ad valorem taxes for any city purposes, including but not limited to taxes to retire

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bonded indebtedness in the amount of the assessed value of the homestead for certain residents of the City of Centerville who are 70 years of age or over.

HB 1607 Hooks, 14th SUMTER COUNTY
Amends an Act entitled "An Act providing for the election of the Sumter County Board of Education," so as to change the compensation of the mem bers of said board of education.

The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.
On the passage of the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Baugh Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dean Edge Egan Farrow

Gillis Guhl 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 Scott Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Alien Blitch Day

Glanton Gochenour Langford of 35th Madden

McGuire Parrish Slotin

On the passage of all the local bills, the yeas were 45, nays 0.
All the bills on the Senate Local Consent Calendar, having received the requisite consti tutional majority, were passed.
The following bill was taken up to consider House action thereto:

SB 212. By Senator Egan of the 40th:
A bill to amend an Act creating a State Court of Fulton County by consolidation of the existing Civil Court of Fulton County and the Criminal Court of Fulton County, as amended, so as to provide an additional judge for the State Court of Fulton County; to provide for the appointment of the initial additional judge and the election of successors.
The House substitute was as follows:

A BILL
To be entitled an Act to amend an Act creating a State Court of Fulton County by consolidation of the existing Civil Court of Fulton County and the Criminal Court of Fulton

WEDNESDAY, FEBRUARY 9, 1994

537

County, approved March 24, 1976 (Ga. L. 1976, p. 3023), as amended, so as to provide an additional judge for the State Court of Fulton County; to provide for the appointment of the initial additional judge and the election of successors; to provide for terms of office of said additional judge and successors to such judge; to provide for the powers and privileges of said additional judge; to provide for the compensation and expenses of said additional judge; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating a State Court of Fulton County by consolidation of the ex isting Civil Court of Fulton County and the Criminal Court of Fulton County, approved March 24, 1976 (Ga. L. 1976, p. 3023), as amended, is amended by adding at the end of subsection (b) of Section 6 a new paragraph to read as follows:
"An additional judge is added to the State Court of Fulton County, thereby increasing to nine the number of judges of said court. Such judge shall be appointed by the Governor for a term beginning January 1, 1995, and expiring December 31, 1996, and until a successor is elected and qualified. A successor to the initial judge shall be elected in a manner pro vided by law for the election of judges of the state courts of this state at the general election in November, 1996, for a term of four years beginning on January 1, 1997, and until the election and qualification of a successor. Successors shall be elected at the general election in the year in which their respective terms of office expire and shall serve for terms of four years and until their successors are elected and qualified. They shall take office on the first day of January following the date of the election. Such elections shall be held and con ducted in a manner provided by law for the election of judges of the state courts of this state. Said additional judge shall have and may exercise all powers, duties, dignity, jurisdic tion, privileges, and immunities of the present judges of the State Court of Fulton County. The compensation, salary, and contingent expense allowances of said additional judge shall be the same as that of the other judges of the State Court of Fulton County. Any salary supplements heretofore enacted by Fulton County shall also be applicable to the additional judge provided for in this Act."
Section 2. 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 212.
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 Brown of 26th BCluaryton
Coleman Crotts Dean
Egan Farrow Gillis

Guhl Harbison Hemmer Henson Hill Hooks Huggms IKsaekmspon
Langford of 29th Madden Marable
Middleton Newbill Oliver

Perdue Pollard Ragan of 32nd Ralston j^y Robinson Scott 0Sk. >.t.,n
&tarr Taylor Thomas
Turner Tysinger Walker

Voting in the negative was Senator Cheeks.

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Those not voting were Senators:

Abernathy Alien Day Edge

Glanton Gochenour Langford of 35th McGuire

Parrish Ragan of llth Thompson

On the motion, the yeas were 44, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 212.
Senator Turner of the 8th introduced the Teacher of the Year, Vallye Blanton, com mended by SR 484, previously adopted.
Senator Edge of the 28th moved that Senator Clay of the 37th be excused from the Senate today due to the death of his father. On the motion, the yeas were 36, nays 0; the motion prevailed, and Senator Clay of the 37th was excused.
Senator Edge of the 28th moved that Senator Langford of the 35th be excused from the Senate today due to hospitalization. On the motion, the yeas were 36, nays 0; the motion prevailed, and Senator Langford was excused.
SENATE CALENDAR
Wednesday, February 9, 1994
EIGHTEENTH LEGISLATIVE DAY
SR 444 Health Care Benefit Plans--recommend cover prescription drugs (Substitute) (H&HS--22nd)
SR 462 Fulton County--conveyance of certain state property (F&PU--44th)
SR 463 Mclntosh, Tattnall, Gwinnett, Glynn, Banks Counties--utility easement (F&PU--44th)
SR 467 Certain Counties--easements for utility lines (F&PU--44th)
SR 470 Chattooga County--conveyance of certain state property (F&PU--53rd)
HB 1372 Department of Natural Resources--subleases of marinas, certain lakes (Nat R--47th) Yeargin--90th
HR 662 Joint Study Commission on Revenue Structure--recreate (F&PU--44th) Murphy--18th
HB 516 Irrigation Contractors--licensing (Substitute) (ST&I--41st) Smith--174th
SB 395 Problem Students--parent conference, suspension provisions (Substitute) (Ed--36th)
SB 515 QBE--relating to advanced placement exam fees and private schools (Substitute) (Ed--1st)
SR 469 Whitfield County--leasing of certain state property (Amendment) (F&PU--54th)
HB 415 Homicide--prohibit certain acts assisting in commission of suicide (Substitute) (S Judy--28th) Crews--78th
The following general bills were read the third time and put upon their passage:
SR 444. By Senators Walker of the 22nd and Madden of the 47th: A resolution recommending that health care benefit plans in this state include coverage for all prescription drugs.

WEDNESDAY, FEBRUARY 9, 1994

539

The Senate Health and Human Services Committee offered the following substitute to SR 444:

A RESOLUTION
Recommending that health care benefit plans in this state include coverage for phar macy services and all prescription drugs; and for other purposes.
WHEREAS, prescription drugs account for less than seven cents of each health care dollar; and
WHEREAS, outpatient prescription drugs provide the most cost effective form of medi cal treatment as evidenced by comparisons of the cost of one year of ulcer medications ($1,000.00) compared with the cost of ulcer surgery ($27,000.00) or the annual cost of car diac medications ($300.00) compared with $43,000.00 for cardiac surgery; and
WHEREAS, many diseases of the past that resulted in death or needless pain and suf fering have been nearly eradicated because of the discoveries of research-based pharmaceu tical companies; and
WHEREAS, currently many health insurance plans do not include prescription drugs in a basic benefit plan or place high copayments and other out-of-pocket expenses on prescrip tion drugs, restrictions that have a net effect of discouraging the use of this cost effective medical treatment; and
WHEREAS, the current health care reform debate includes discussions on a minimum benefit package of medical services for all Americans.
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that health care benefit plans sold or administered to persons in the State of Georgia should include pharmacy ser vices and all prescription drugs.
On the adoption of the substitute, the yeas were 29, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the 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:

Baugh Boshears Broun of 46th Brown of 26th Burton Cheeks Coleman Crotts Day Dean Edge Egan Farrow Gillis Gochenour Guhl

Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable McGuire Middleton Newbill Perdue

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

Those not voting were Senators:

Abernathy Alien Balfour Blitch

Bowen Clay (excused) Glanton

Langford of 35th (excused) Oliver Parrish

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

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

SR 462. By Senator Starr of the 44th:
A resolution authorizing the conveyance, lease, or exchange of certain state owned real property located in Fulton County, Georgia; to provide an effective date.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Baugh Boshears Broun of 46th Brown of 26th Burton Cheeks Coleman Crotts Day Dean Edge Egan Farrow Gillis Glanton Gochenour

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

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

Those not voting were Senators:

Abernathy Alien Blitch

Bowen Clay (excused)

Langford of 35th (excused) Parrish

On the adoption of the resolution, the yeas were 49, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

SR 463. By Senator Starr of the 44th:
A resolution authorizing the granting of nonexclusive easements for operation and maintenance of telecommunications and utility facilities in, on, over, under, upon, across, or through property owned by the State of Georgia in Mclntosh, Tattnall, Gwinnett, Glynn, and Banks counties, Georgia; to provide an effective date.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Baugh

Blitch Boshears

Broun of 46th Brown of 26th

WEDNESDAY, FEBRUARY 9, 1994

541

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

Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable McGuire Middleton Newbill Oliver Perdue

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

Those not voting were Senators:

Abernathy Alien Bowen

Clay (excused) Langford of 35th (excused)

Parrish Robinson

On the adoption of the resolution, the yeas were 49, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

SR 467. By Senator Starr of the 44th:
A resolution authorizing the granting of nonexclusive easements for operation and maintenance of natural gas lines, sanitary sewer lines, telecommunications lines, electrical utilities, and water lines in, on, over, under, upon, across, or through property owned by the State of Georgia in Fulton, Walker, Miller, Dawson, Baldwin, Bibb, and Dougherty counties, Georgia; to provide an effective date.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Baugh Blitch Boshears Broun of 46th Brown of 26th Burton Cheeks Crotts Day Dean Edge Egan Farrow Gillis Gochenour

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

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

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JOURNAL OF THE SENATE

Those not voting were Senators:

Abernathy Alien Bowen

Clay (excused) Coleman Glanton

Langford of 35th (excused) Parrish Perdue

On the adoption of the resolution, the yeas were 47, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

SR 470. By Senators Muggins of the 53rd and Farrow of the 54th:
A resolution authorizing the conveyance of certain state owned real property lo cated in Chattooga County, Georgia; to provide an effective date.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Baugh Blitch Boshears Bowen BnBrroowunn oofcf 4n26o6tithlh. BCuherteokns
Coleman Crotts Day Dean Edge Egan Farrow

Glanton Gochenour Guhl Harbison Hemmer HuH-ieilnil son HHouogkgsins
Isakson Langford of 29th Madden Marable McGuire Middleton Newbill

Pollard Ragan of llth Ragan of 32nd Ralston Ray nKcoKb,im,=sonn ^lo.t.m
btarr Tavlor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Alien Clay (excused)

Gillis Kemp Langford of 35th (excused)

Oliver Parrish Perdue

On the adoption of the resolution, the yeas were 47, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HB 1372. By Representatives Yeargin of the 90th and Hanner of the 159th:
A bill to amend Code Section 12-3-3 of the Official Code of Georgia Annotated, relating to the powers of the Department of Natural Resources as to projects generally, so as to authorize the commissioner of natural resources to enter into long-term subleases of marina sites located on property leased to the State of Georgia by the United States Army Corps of Engineers in Bartow and Elbert counties on Lakes Allatoona and Richard B. Russell.
Senate Sponsor: Senator Madden of the 47th.

WEDNESDAY, FEBRUARY 9, 1994

543

Senator Madden of the 47th moved that HB 1372 be postponed until Friday, February 11, 1994.
On the motion the yeas were 39, nays 0; the motion prevailed and HB 1372 was post poned to Friday, February 11, 1994.
Senator Egan of the 40th introduced Mitch Skandalakis, Fulton County Commission Chairman, who addressed the Senate briefly.
The Calendar was resumed.

HR 662. By Representatives Murphy of the 18th, Buck of the 135th and Royal of the 164th:
A resolution re-creating the Joint Study Commission on Revenue Structure; pro viding for access by the commission and its staff to certain otherwise confidential Department of Revenue information.
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 Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Coleman Crotts Day Dean Edge Egan

Farrow Gillis Glanton Gochenour Harbison Henson Hooks Huggins Isakson Kemp Langford of 29th Madden Marable McGuire Middleton Newbill

Oliver 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

.

Clay (excused)

Guhl

Hemmer Hill Langford of 35th (excused)

Parrish Ray

On the adoption of the resolution, the yeas were 48, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HB 516. By Representatives Smith of the 174th and Byrd of the 170th: A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-volt age contractors, and utility contractors, so as to provide for the licensing of irri gation contractors and for requirements and qualifications relative thereto.
Senate Sponsor: Senator Tysinger of the 41st.

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Senator Kemp of the 3rd moved that HB 516 be committed to the Senate Science, Technology and Industry Committee.
On the motion, the yeas were 37, nays 0; the motion prevailed, and HB 516 was committed.
SB 395. By Senators Scott of the 36th, Robinson of the 16th and Clay of the 37th:
A bill to amend Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to discipline in the public schools, so as to define certain terms; to provide that once a student is identified by an educator as a disciplinary problem, the parent shall be invited to a school conference and visit; to provide that after such notice has been given, any breach of discipline by the student shall result in a mandatory suspension.
The Senate Education Committee offered the following substitute to SB 395:
A BILL
To be entitled an Act to amend Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to discipline in the public schools, so as to define certain terms; to provide that once a student is identified by an educator as a discipli nary problem, the parent or guardian shall be invited to a school visit and requested to attend a conference; to provide that before a student is permitted to return from a suspen sion or expulsion, the school shall request the student's parent or guardian to attend a con ference between the principal and the student's parents or guardians; 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 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to discipline in the public schools, is amended by inserting at the end thereof the following:
"Subpart 3
20-2-764. As used in this subpart, the term:
(1) 'Chronic disciplinary problem student' means a student who exhibits behavior char acteristics which are likely to interfere with the learning process of students around him or her and which are likely to recur.
(2) 'Expulsion' means expulsion of a student from a public school beyond the current school quarter or semester.
(3) 'Suspension' means the short-term suspension of a student from a public school for not more than ten days.
20-2-765. Any time a teacher or principal identifies a student as a chronic disciplinary problem student, the principal shall notify the student's parents or guardians of the discipli nary problem, invite them to observe the student in a classroom situation, and request at least one parent or guardian to attend a conference with the principal or the teacher or both to devise a disciplinary and behavioral correction plan.
20-2-766. Before any student is permitted to return from an expulsion or suspension, the school to which the student is to be readmitted shall request at least one parent or guardian to attend a conference with the principal or his or her designee to devise a discipli nary and behavioral correction plan. At the discretion of the principal, a teacher, counselor, or other person may attend the conference. The principal shall ensure that a notation of the conference is placed in the student's permanent file."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

WEDNESDAY, FEBRUARY 9, 1994

545

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 Cheeks Coleman Crotts Day Dean Edge Egan Farrow

Gillis Glanton Gochenour Guhl Harbison Hemmer Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable McGuire 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 Clay (excused)

Henson Langford of 35th (excused)

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.
SB 515. By Senators Coleman of the 1st, Alien of the 2nd, Cheeks of the 23rd and others: A bill to amend Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to financing under the "Quality Basic Education Act," so as to provide for legislative intent; to provide for certain definitions; to provide for the applicability of advanced placement examination fees to students enrolled in private secondary schools.
The Senate Education Committee offered the following substitute to SB 515:
A BILL
To be entitled an Act to amend Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to financing under the "Quality Basic Educa tion Act," so as to provide for the applicability of advanced placement examination fees to students enrolled in private secondary schools; to provide for other related matters; to re peal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to financing under the "Quality Basic Education Act," is amended by striking subsection (g) of Code Section 20-2-161.1, relating to enrollment in postsecondary

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courses, academic credit, and a secondary options grant account, and inserting in lieu thereof a new subsection (g) to read as follows:
"(g) The department shall pay the fees charged for advanced placement tests taken by any eligible private high school student and eligible public high school student who success fully completes an approved advanced placement course. The local high school principal or other designated school official shall certify to the department the number of students talT ing the advanced placement tests, the total fees charged, and such additional information as the department requires regarding advanced placement tests, and the department shall make payments directly to the testing service from funds dedicated to this purpose within the secondary option grant account."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Slotin of the 39th offered the following amendment:
Amend the Senate Education Committee substitute to SB 515 by striking lines 18 through 21 of page 1 and inserting in lieu thereof the following:
"advanced placement tests taken by any eligible high school student eligible public high school student who successfully completes an approved advanced placement course. After paying the fees for the eligible public high school students, the department shall then use any remaining funds to pay the fees charged for advanced placement tests taken by any eligible private high school student who successfully completes an approved advanced place ment course. The teeal high school principal or".
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:

Blitch Brown of 26th Dean Harbison

Madden Marable Middleton Oliver

Scott Slotin Walker

Those voting in the negative were Senators:

Balfour Baugh Boshears Bowen Broun of 46th Burton Cheeks Coleman Crotts Day Edge Egan Farrow Gillis

Glanton Gochenour Guhl Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 29th McGuire Newbill

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

Those not voting were Senators:

Abernathy Alien

Clay (excused) Langford of 35th (excused)

Parrish

On the adoption of the amendment, the yeas were 11, nays 40, and the Slotin amend ment to the committee substitute was lost.

WEDNESDAY, FEBRUARY 9, 1994

547

On the adoption of the substitute, the yeas were 42, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Baugh Blitch Boshears Bowen Broun of 46th Burton Cheeks Coleman Crotts Day Dean Edge Egan Farrow Gillis Glanton

Gochenour Guhl Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable McGuire Middleton Newbill

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

Voting in the negative was Senator Slotin.

Those not voting were Senators:

Abernathy Alien

Brown of 26th Clay (excused)

Langford of 35th (excused) Parrish

On the passage of the bill, the yeas were 49, nays 1. The bill, having received the requisite constitutional majority, was passed by substitute.
SR 469. By Senators Farrow of the 54th and Huggins of the 53rd: A resolution authorizing the leasing of certain real property owned by the State of Georgia in Whitfield County, Georgia; to provide an effective date.
The Senate Finance and Public Utilities Committee offered the following amendment: Amend SR 469 by striking from line 20 of page 2 the following: "2005",
and inserting in lieu thereof the following: "2004".
On the adoption of the amendment, the yeas were 29, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the 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:

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Abernathy Balfour Baugh Blitch Boshears Bowen Brown of 26th Burton CChoeleemksan
Crotts Day Dean Edge Egan Farrow Gillis

Glanton Gochenour Guhl Harbison Hemmer Hill Hooks Huggms IKsaekmspon
Langford of 29th Madden Marable McGuire Middleton Newbill Oliver

Those not voting were Senators:

Alien Broun of 46th

Clay (excused) Henson

Perdue Pollard Ragan of llth Ragan of 32nd Ralston ^ Robinson g 01lotm.
tar,r Tavlor Thomas Thompson Turner Tysinger Walker
Langford of 35th (excused) Parrish

On the adoption of the resolution, the yeas were 50, nays 0.
The resolution, having received the requisite constitutional majority, was adopted as amended.
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.
Senate Sponsor: Senator Edge of the 28th.
The Senate Special Judiciary Committee offered the following substitute to HB 415:
A BILL
To be entitled an Act to amend Article 1 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to homicide, so as to define a certain term; to prohibit certain acts which assist in the commission of suicide; to provide for exceptions; to provide for penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to homicide, is amended by inserting at the end thereof the following:
"16-5-5. (a) As used in this Code section, the term 'suicide' means the intentional and willful termination of one's own life.
(b) Any person, including without limitation a certified, registered, or licensed health care professional, who intentionally and actively assists another person in the commission of suicide or who provides or prescribes any drug or instrument with the intent to assist an other person in the commission of suicide is guilty of a felony and, upon conviction thereof,

WEDNESDAY, FEBRUARY 9, 1994

549

shall be punished by imprisonment for not less than one nor more than five years or by a fine of not less than $2,000.00, or both.
(c) Any person, including without limitation a certified, registered, or licensed health care professional, who provides palliative care as such term is defined in Code Section 31-7172 or who otherwise administers, prescribes, or dispenses any drug or instrument to diag nose or treat a condition or relieve a person's pain, suffering, or discomfort, even if the drug or instrument may hasten or increase the risk of death, shall not be deemed to violate sub section (b) of this Code section unless the drug or instrument is administered, prescribed, or dispensed with the intent to assist another person in the commission of suicide.
(d) The provisions of subsection (b) of this Code section shall not be applicable to the withholding or withdrawing of treatment under a living will or a durable power of attorney for health care; to the withholding or withdrawal of treatment by a certified, registered, or licensed health care professional; or to hospice provided by one or more members of a hos pice care team, as such terms are defined in Code Section 31-7-172, and such provisions shall not be deemed to affect any other laws, in whole or in part, that may be applicable to such withholding or withdrawal of medical or health care treatment."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senators Langford of the 29th, Walker of the 22nd and Dean of the 31st offered the following substitute to HB 415:
A BILL
To be entitled an Act to amend Article 1 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to homicide, so as to define a certain term; to prohibit certain acts which assist in the commission of suicide; to provide for exceptions; to provide for penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to homicide, is amended by inserting at the end thereof the following:
"16-5-5. (a) As used in this Code section, the term 'suicide' means the intentional and willful termination of one's own life.
(b) Any person, including without limitation a certified, registered, or licensed health care professional, who advertises, offers, or holds himself or herself out as offering that he or she will intentionally and actively assist another person in the commission of suicide or who manufactures any apparatus or drug, not otherwise used in the normal treatment of disease or for the relief of pain, for the sole use of aiding another person in the commission of suicide is guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years or by a fine of not less than $2,000.00, or both.
(c) Any person, including without limitation a certified, registered, or licensed health care professional, who commits any of the acts prohibited in subsection (b) of this Code section and subsequently does assist another person in the commission of suicide in a noninstitutional location shall be guilty of voluntary manslaughter and, upon conviction thereof, shall be punished as provided in subsection (b) of Code Section 16-5-2.
(d) The provisions of subsection (b) of this Code section shall not be applicable to the withholding or withdrawing of treatment under a living will or a durable power of attorney for health care; to the withholding or withdrawal of treatment by a certified, registered, or licensed health care professional; or to hospice provided by one or more members of a hos pice care team, as such terms are defined in Code Section 31-7-172, and such provisions shall not be deemed to affect any other laws, in whole or in part, that may be applicable to such withholding or withdrawal of medical or health care treatment."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

Those voting in the affirmative were Senators:

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

Farrow Gillis Glanton Gochenour Guhl Hemmer Henson Hill Hooks Huggins Isakson Kemp Madden Marable

Those voting in the negative were Senators:

Brown of 26th Harbison Langford of 29th

Oliver Parrish Robinson

McGuire Middleton Newbill Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Scott Slotin Starr Thompson Tysinger
Taylor Turner Walker

Those not voting were Senators:

Alien Clay (excused)

Langford of 35th (excused)

Thomas

On the adoption of the substitute, the yeas were 43, nays 9, and the committee substi tute was adopted.
Due to the adoption of the committee substitute, the substitute offered by Senators Langford, Walker and Dean was moot.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Bowen Broun of 46th Burton Cheeks Coleman Crotts Day Dean Edge Egan

Farrow Gillis Glanton Gochenour Guhl Hemmer Henson Hill Hooks Huggins Isakson Kemp Madden Marable

McGuire Middleton Perdue Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Taylor Thompson Tysinger

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551

Those voting in the negative were Senators:

Brown of 26th Harbison Langford of 29th

Newbill Oliver Parrish

Thomas Turner

Those not voting were Senators:

Alien Baugh

Clay (excused)

Pollard

Langford of 35th (excused) Walker

On the passage of the bill, the yeas were 42, nays 8. The bill, having received the requisite constitutional majority, was passed by substitute. The following Committee changes were filed with the Secretary:

OFFICE OF LIEUTENANT GOVERNOR 240 State Capitol
Atlanta, Georgia 30334 (404) 656-5030
February 9, 1994

Honorable Frank Eldridge Secretary of the Senate 353 State Capitol Atlanta, GA 30334

Dear Frank:

Please note the following committee changes effective immediately:

Pollard--off Agriculture; on Judiciary as Vice-Chairman Alien--off Judiciary; on Special Judiciary Robinson--on Reapportionment Ray--on Reapportionment and Ethics Marable--on Reapportionment
The Reapportionment Committee will have two sub-committees as follows:

Congressional

Legislative

Robinson--Chairman Taylor Walker Clay Gillis Hooks Scott Starr Blitch--ex officio Ray--ex officio

Ray--Chairman Middleton Harbison Alien Dean Madden Thomas Marable Blitch--ex officio Robinson--ex officio

Sincerely,

/s/ Pierre Howard

Senator Hemmer of the 49th introduced the doctor of the day, Dr. William Jones of Gainesville, Georgia.

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The following communication from the Governor was read by the Secretary:

OFFICE OF THE GOVERNOR

MEMORANDUM

TO:

House, Senate and Secretary of State

FROM:

Cindy Wright

SUBJECT: Line Item Vetoes in House Bill 1296

DATE:

February 8, 1994

Please be advised that Governor Miller has line item vetoed the following Sections in House Bill 1296:
Section 19, Page 18, Model Technology Schools, $9,864,199
Section 56, Page 61, fifth paragraph beginning, "Provided, that the Governor's Scholar ship Program. . . ."
Section 64, Page 67, first three paragraphs of Section 64
Section 66, Page 69
Section 69, Page 70, paragraph i.)
Section 80, Page 76
GOVERNOR'S VETOES IN HOUSE BILL 1296
1. Section 19 pertaining to the Department of Education, page 18, line 33:
Not all Georgia school systems were afforded a full and fair opportunity to participate in the Model Technology Schools program. I am absolutely committed to the principle of fairness in the allocation of public funds and most especially those funds dedicated to edu cating our children. The spending of funds generated by the state lottery must be free from even the slightest appearance of political influence. It is for this reason that I am vetoing this $9,864,199 appropriation.
2. Section 56 pertaining to the Department of Education, page 61, lines 17 through 24:
There are two separate paragraphs in HB 1296 relating to the Governor's Scholarship Program. One paragraph (page 61, lines 3 through 6) extends eligibility to students in ac credited private schools. The second paragraph sets school size limitations so that smaller private schools would receive fewer numbers of scholarships for qualified students. The lan guage in the second paragraph is overly restrictive, and has the effect of denying eligibility to students in schools the General Assembly intended to aid through the language in the first paragraph. This language is thus vetoed for technical reasons, not philosophical rea sons. This language has been vetoed previously.
3. Section 64 pertaining to the Department of Public Safety, page 67, lines 19 through 29 (three items):
a) The Williams Commission recommended that state-owned vehicles be assigned and utilized more efficiently and economically throughout state government. As a result of this recommendation, the statewide policy on motor vehicles has been strengthened substan tially. The Executive Branch agencies are now subject to the provisions of these guidelines, and it is inappropriate to make an exception in the case of the Department of Public Safety. This language has been vetoed previously.
b) This section prohibits the Department of Public Safety from purchasing buses for license issuance and additional training of license examiners after initial training. These buses will make license issuance more efficient in those counties without permanent license issuance sites. The amount of training needed for license examiners should be left to the Department and their resources. If unnecessary training is occurring, the Department

WEDNESDAY, FEBRUARY 9, 1994

553

should address the issue without language in the appropriation bill. This language has been vetoed previously.
c) This section prohibits the Department of Public Safety from purchasing pursuit ve hicles which are considered to be less than full-size. The Department of Public Safety should retain the ability to determine the type of pursuit vehicles best suited for their mis sion requirements; given statewide purchasing guidelines and their available resources. It is inappropriate to limit the Department of Public Safety authority in this area by language in the appropriation bill. This language has been vetoed previously.
4. Section 66 pertaining to the Department of Revenue, page 69, lines 1 through 6:
The budget includes $750,000 which will be used by the Department of Revenue to provide all 159 counties with inquiry only access to the state's motor vehicle database. For this reason this language is no longer applicable and is being vetoed. This language has been vetoed previously.
5. Section 69 pertaining to the Department of Transportation, page 70, lines 34 through 36:
This language authorizes the Department to amend its travel line item with agency funds as needed. All Executive Branch agencies are legally authorized to amend their budg ets with agency funds when a properly drawn amendment to the annual operating budget has been approved by the Office of Planing and Budget. Therefore, this language is unneces sary. This language has been vetoed previously.
6. Section 80 pertaining to Federal funds, page 76, lines 27 through 36:
This language essentially provides a pool of federal money to be available only to sup plant state funds. It prohibits an amendment of federal funds above the amount appropri ated in the Appropriations Act for purposes other than to supplant state appropriations for the pertinent programs. This language inhibits the State from accepting additional federal funds as they become available throughout the fiscal year. This language has been vetoed previously.
(Sec. 19) Model Technology Schools ................................. $$0,864,100
(Sec. 56)
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 0 through 12 as noted; high schools with 160 or more FTE count, the valedictorian, salutntorian and Star Student; high aehoola with 100 to 140 FTE count, the valedictorian and Star Student; high schools with 60 to 00 FTE count, the valedictorian.
Section 64. Provisions Relative to Section 32. Department of Public Safety. It is the intent of thia General Assembly that the issuance of unmarked eara shall be made in accoiv dance with the Rules and Regulations issued by the Commissioner of Public Safety.
It is the intent of thia General Assembly that from the funding appropriated for the expansion of Driver Services, no funds may be expended for the purchase of license issuance buaca of the training of license examiners after initial training.
It is the intent of thia General Assembly that the Deportment purchaac full size pursuit
Section 66.--Provisions Relative to Section 86, Department of Revenue. It is the intent of this General Assembly that the Department of Revenue designate, baaed on need, the aixtccn eountica to be provided with on line access to the current state motor vehicle com putw ayatcm.

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(Sec. 69)
i.) The Department is authorized to amend ita Travel Line Item with Agency Funds and other income as needed to accomplish ita Transportation program responsibilities.
Section 80.--There ia hereby appropriated a specific sum of Federal grant funda, 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 funda shall thereupon be unavailable for expenditure unlcao re appropriated by the Georgia General Aoacmbly. Thia proviaion ahull not apply to project grant funds not appropriated in this Act.
Senator Ray of the 19th moved that the Senate do now adjourn until 9:30 A.M. to morrow; the motion prevailed, and the President announced the Senate adjourned at 12:37 P.M.

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555

Senate Chamber, Atlanta, Georgia Thursday, February 10, 1994 Nineteenth Legislative Day

The Senate met pursuant to adjournment at 9:30 A.M. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1482. By Representatives Yeargin of the 90th, Bates of the 179th, Mobley of the 86th, Harris of the 17th, Dickinson of the 83rd and others:
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 authorize contracts between the Department of Community Affairs and a regional development center relative to coordinated and comprehensive planning activities covering ar eas not within the territorial boundary of such regional development center.
HB 1109. By Representative Lawson of the 20th:
A bill to provide a new charter for the City of Lula.
HB 1660. By Representative Scoggins of the 24th:
A bill to amend an Act creating a board of commissioners of Madison County, so as to provide that such board is authorized to expend federal community devel opment block grant funds and other public funds and to participate in programs for the provision of certain facilities and of day care, senior citizens, mental health, emergency, and other services.
HB 1668. By Representatives Lakly of the 105th and Westmoreland of the 104th:
A bill to create a court to be known as the State Court of Fayette County.
HB 1669. By Representatives Lakly of the 105th and Westmoreland of the 104th:
A bill to provide for the re-creation of the board of elections of Fayette County.
HB 1678. By Representatives Floyd of the 172nd, Tillman of the 173rd, Mosley of the 171st and Oliver of the 154th: A bill to amend an Act creating the board of education of the Liberty County School District, so as to provide for the term of office of members elected at the special election in 1993.

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HB 1679. By Representatives Floyd of the 172nd, Tillman of the 173rd, Mosley of the 171st and Oliver of the 154th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Liberty County during designated regis tration periods as provided in Code Section 40-2-21 of the Official Code of Geor gia Annotated.
HB 1682. By Representatives Purcell of the 9th and Twiggs of the 8th:
A bill to amend an Act creating the White County Water and Sewerage Author ity, so as to provide for a change in the membership of the authority.
HB 1576. By Representatives Twiggs of the 8th, Cummings of the 27th, Murphy of the 18th and Colwell of the 7th:
A bill to amend Article 7 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances, disability benefits, and spouses' benefits under the Employees' Retirement Systems of Georgia, so as to provide that the provisions of such article relating to eligibility for benefits shall apply to certain persons.
The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
SB 12. By Senators Scott of the 36th, Dawkins of the 45th, Broun of the 46th, Clay of the 37th, Oliver of the 42nd and others:
A bill to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to provide that licensed firearms dealers comply with certain requirements prior to the sale or delivery of a firearm; to amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center; to amend Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to costs in probate courts.
The following bills and resolution of the Senate were introduced, read the first time and referred to committees:
SB 610. By Senators Slotin of the 39th, Walker of the 22nd and Harbison of the 15th:
A bill to amend Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing authorities, so as to provide that housing authori ties shall give preference to businesses owned and operated by residents of the housing authority in awarding contracts for services. Referred to Committee on Health and Human Services.
SB 611. By Senator Henson of the 55th:
A bill to amend Chapter 17 of Title 43 of the Official Code of Georgia Annotated, known as the "Georgia Charitable Solicitations Act of 1988," so as to provide for definitions; to provide for the filing of reports by law enforcement related organi zations; to provide for the confidentiality of certain information; to provide for penalties. Referred to Committee on Consumer Affairs.
SB 612. By Senator Henson of the 55th:
A bill to amend Article 1 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to sales under tax executions, so as to provide that certain excess funds resulting from certain tax sales which remain unclaimed for seven

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557

years shall be presumed abandoned; to provide for disposition of such abandoned funds. Referred to Committee on Finance and Public Utilities.
SB 613. By Senator Ralston of the 51st:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide that requests for drivers' operating records for the purpose of and in connection with underwriting insurance and the transmittal of such records by the Department of Public Safety may be through electronic means; to change the provisions relating to procedure upon notice of insurance cancellation; to require insurers to notify the Department of Public Safety. Referred to Committee on Public Safety.
SB 614. By Senator Boshears of the 6th:
A bill to amend Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to driving under the influence of alcohol or drugs, so as to provide that it shall be a felony to operate a motor vehicle with a blood alcohol concentration of 0.06 or higher if there is a child 12 years of age or younger in the vehicle. Referred to Committee on Special Judiciary.
SB 615. By Senators Guhl of the 45th and Crotts of the 17th:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of the superior courts, so as to provide for a third judge of the superior courts of the Alcovy Judicial Circuit of Georgia; to provide for the appointment, subsequent election, and terms of office of said judge; to declare inherent authority; to provide an effective date. Referred to Committee on Judiciary.
SB 616. By Senators Starr of the 44th, Glanton of the 34th and Thomas of the 10th:
A bill to create the Clayton County Airport Authority; to declare the need for an airport authority; to declare the purposes and objectives of this Act; to define certain terms; to provide for the membership of the authority; to provide for the terms of office of the authority members; to provide for the election of officers, quorum, bylaws, procedures, and meetings; to provide for compensation of mem bers; to provide for the filling of vacancies. Referred to Committee on Urban and County Affairs.
SB 617. By Senators Starr of the 44th, Glanton of the 34th and Thomas of the 10th:
A bill to amend an Act creating the State Court of Clayton County, as amended, so as to change the provisions relating to the deposits for advance costs; to pro vide an effective date. Referred to Committee on Urban and County Affairs.
SB 618. By Senators Ragan of the llth and Turner of the 8th:
A bill to amend Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing authorities, so as to provide for the creation of housing authorities for certain Indian tribes; to provide for the powers, duties, rights, and functions of such housing authorities and their commissioners; to pro vide for activation of such housing authorities; to provide for an appointing au thority and a proposed area of operation. Referred to Committee on Health and Human Services.

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SB 619. By Senators Starr of the 44th, Hooks of the 14th, Robinson of the 16th and Ray of the 19th:
A bill to amend Part 2 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to review of applications for federal assistance and state contracts, so as to provide for certain coordination, referral, review, and tracking functions by the Office of Planning and Budget regarding federal grant applications by state agencies; to authorize such rules and regulations as may be necessary to ensure compliance by state agencies. Referred to Committee on Appropriations.
SB 620. By Senator Langford of the 29th:
A bill to amend an Act placing the sheriff of Heard County on an annual salary in lieu of the fee system of compensation, as amended, so as to change the amount of compensation of the sheriff; to provide an effective date. Referred to Committee on Urban and County Affairs.
SB 621. By Senator Langford of the 29th:
A bill to amend an Act placing the judge of the Probate Court of Heard County on an annual salary in lieu of a fee system of compensation, as amended, so as to change the compensation of the judge of the Probate Court of Heard County. Referred to Committee on Urban and County Affairs.
SB 622. By Senator Langford of the 29th:
A bill to amend an Act consolidating the offices and duties of tax receiver and tax collector of Heard County into the single office of tax commissioner of Heard County, as amended, so as to change the compensation of the tax commissioner. Referred to Committee on Urban and County Affairs.
SB 623. By Senator Langford of the 29th:
A bill to amend an Act placing the clerk of the Superior Court of Heard County on an annual salary in lieu of the fee system of compensation, as amended, so as to change the compensation of the clerk of the superior court. Referred to Committee on Urban and County Affairs.
SR 495. By Senator Henson of the 55th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the creation of enterprise zones for certain tax treatment purposes; to provide for the submission of this amendment for ratifica tion or rejection. Referred to Committee on Urban and County Affairs (General).
The following bills of the House were read the first time and referred to committees:
HB 1482. By Representatives Yeargin of the 90th, Bates of the 179th, Mobley of the 86th and others:
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 authorize contracts between the Department of Community Affairs and a regional development center relative to coordinated and comprehensive planning activities covering ar eas not within the territorial boundary of such regional development center. Referred to Committee on Urban and County Affairs (General).

THURSDAY, FEBRUARY 10, 1994

559

HB 1576. By Representatives Twiggs of the 8th, Cummings of the 27th, Murphy of the 18th and Colwell of the 7th: A bill to amend Article 7 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances, disability benefits, and spouses' benefits under the Employees' Retirement System of Georgia, so as to provide that the provisions of such article relating to eligibility for benefits shall apply to certain persons.
Referred to Committee on Retirement.
HB 1109. By Representative Lawson of the 20th: A bill to provide a new charter for the City of Lula.
Referred to Committee on Urban and County Affairs.
HB 1660. By Representative Scoggins of the 24th: A bill to amend an Act creating a board of commissioners of Madison County, so as to provide that such board is authorized to expend federal community devel opment block grant funds and other public funds and to participate in programs for the provision of certain facilities and of day care, senior citizens, mental health, emergency, and other services.
Referred to Committee on Urban and County Affairs.
HB 1668. By Representatives Lakly of the 105th and Westmoreland of the 104th: A bill to create a court to be known as the State Court of Fayette County.
Referred to Committee on Urban and County Affairs.
HB 1669. By Representatives Lakly of the 105th and Westmoreland of the 104th: A bill to provide for the re-creation of the board of elections of Fayette County.
Referred to Committee on Urban and County Affairs.
HB 1678. By Representatives Floyd of the 172nd, Tillman of the 173rd, Mosley of the 171st and Oliver of the 154th: A bill to amend an Act creating the board of education of the Liberty County School District, so as to provide for the term of office of members elected at the special election in 1993.
Referred to Committee on Urban and County Affairs.
HB 1679. By Representatives Floyd of the 172nd, Tillman of the 173rd, Mosley of the 171st and Oliver of the 154th: A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Liberty County during designated regis tration periods as provided in Code Section 40-2-21 of the Official Code of Geor gia Annotated.
Referred to Committee on Urban and County Affairs.
HB 1682. By Representatives Purcell of the 9th and Twiggs of the 8th: A bill to amend an Act creating the White County Water and Sewerage Author ity, so as to provide for a change in the membership of the authority.
Referred to Committee on Urban and County Affairs.
The following communication was read by the Secretary:

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JOURNAL OF THE SENATE

Office of Lieutenant Governor 240 State Capitol
Atlanta, Georgia 30334 (404) 656-5030
February 8, 1994 Honorable Frank Eldridge Secretary of the Senate 353 State Capitol Atlanta, GA 30334
Dear Frank:
Because Senator Arthur Langford is currently incapacitated, I hereby authorize Senator Jack Hill to preside at the Corrections Committee meeting on February 9, 1994 at 2:00 p.m. pursuant to Rule 187. If you have any questions, call me or Lewis Massey.
Sincerely, /s/ Pierre Howard
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Corrections has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 498. Do pass. SB 568. Do pass by substitute.
Respectfully submitted,
Senator Hill of the 4th District, Vice Chairman
Mr. President:
The Committee on Consumer Affairs has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 540. Do pass by substitute.
Respectfully submitted, Senator Henson of the 55th District, Chairman
Mr. President:
The Committee on Ethics 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 1215. Do pass as amended. HB 1298. Do pass.
Respectfully submitted, Senator Farrow of the 54th District, Chairman

THURSDAY, FEBRUARY 10, 1994

561

Mr. President:
The Committee on Health and Human Services has had under consideration the follow ing bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 517. Do pass by substitute. Respectfully submitted, Senator Walker of the 22nd District, Chairman
Mr. President:
The Committee on Insurance and Labor has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the follow ing recommendation:
SB 533. Do pass by substitute. Respectfully submitted, Senator Pollard of the 24th District, Chairman
Mr. President:
The Committee on Interstate Cooperation has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 572. Do pass. Respectfully submitted, Senator Thomas of the 10th District, Chairman
Mr. President:
The Committee on Judiciary has had under consideration the following bills of the Sen ate and House and has instructed me to report the same back to the Senate with the follow ing recommendations:
SB 549. Do pass as amended. HB 109. Do pass. HB 337. Do pass by substitute.
Respectfully submitted, Senator Oliver of the 42nd District, Chairman
Mr. President:
The Committee on Special Judiciary has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 486. Do pass by substitute. SB 557. Do pass by substitute. HB 1277. Do pass as amended.
Respectfully submitted, Senator Egan of the 40th District, Chairman

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JOURNAL OF THE SENATE

Mr. President:

The Committee on Special Judiciary has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 535. Do pass by substitute. HB 1281. Do pass by substitute. HB 574. Do pass as amended.
Respectfully submitted,
Senator Egan of the 40th District, Chairman

Mr. President:

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

SB 597.
SB 598. SB 599. eSBn C6A00A. HB 1583.

Do pass.
Do pass. Do pass. rD>o pass. Do pass.

HB 1609. Do pass. HB 1614 DQ pags
HB 1625- Do PassHB 1631. 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 resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SR 461. Do pass.
Respectfully submitted,
Senator Marable of the 52nd District, Chairman

Mr. President:

The Committee on Youth, Aging and Human Ecology has had under consideration the following bill and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 548. Do pass as amended.
SR 409. Do pass as amended.
Respectfully submitted,
Senator Marable of the 52nd District, Chairman

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563

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

SB

55

SB 484

SB 511

SB 565

SB 592

SR 473

SB 396 SB 494 SB 543 SB 569 SB 606 HB 1357

SB 473 SB 497 SB 554 SB 589 SR 453 HB 1379

Senator Edge of the 28th moved that Senator Clay of the 37th be excused due to the funeral of his father.
On the motion, the yeas were 44, nays 0; the motion prevailed, and Senator Clay of the 37th was excused from the Senate today.
Senator Ragan of the 32nd moved that Senator Thompson of the 33rd be excused due to a doctor's appointment.
On the motion, the yeas were 41, nays 0; the motion prevailed, and Senator Thompson was excused from the Senate today.
Senator Hill of the 4th moved that Senator Langford of the 35th be excused due to hospitalization.
On the motion, the yeas were 40, nays 0; the motion prevailed, and Senator Langford of the 35th was excused from the Senate today.
The President called for the morning roll call, and the following Senators answered to their names:

Balfour Baugh Blitch Boshears Bowen Broun of 46th B~Bruorwtonn of 26th CChroetetkss
Day Edge Egan
Farrow Gillis Glanton

Gochenour Guhl Harbison Hemmer Henson Hill HTHTouogkgsm s IKsaekmspon
Langford of 29th Madden Marable
McGuire Middleton Newbill

Oliver Parrish Perdue Pollard Ragan of llth R of 32nd DR,, alfs*ton ,,Rob.inson
Scott slotm Starr
Taylor Turner Tysinger

Those not answering were Senators:

Abernathy Alien Clay (excused)

Coleman

Thomas

Dean

Thompson (excused)

Langford of 35th (excused) Walker

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
The President introduced the chaplain of the day, Dr. Nelson Price, pastor of Roswell Street Baptist Church, Marietta, Georgia, who offered scripture reading and prayer.
Senator Pollard of the 24th moved that the following bill of the House be withdrawn

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from the Senate Committee on Insurance and Labor, and committed to the Senate Commit tee on Finance and Public Utilities:
HB 1388. By Representatives Buck of the 135th, Royal of the 164th, Skipper of the 137th and others: A bill to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, known as the "Employment Security Law," so as to provide an unemployment tax amnesty program.
On the motion, the yeas were 32, nays 0; the motion prevailed, and HB 1388 was com mitted to the Senate Committee on Finance and Public Utilities.
Senator Marable of the 52nd moved that the following bill of the Senate be withdrawn from the Senate Committee on Consumer Affairs and committed to the Senate Committee on Youth, Aging and Human Ecology:
SB 530. By Senators Marable of the 52nd, Dean of the 31st, Henson of the 55th and others: A bill to amend Code Section 25-2-40 of the Official Code of Georgia Annotated, relating to smoke detectors in new dwellings, so as to provide that all dwellings, dwelling units, houses, condominiums, townhouses, motels, hotels, and dormito ries shall have installed smoke detectors in good working order.
On the motion, the yeas were 31, nays 0; the motion prevailed, and SB 530 was commit ted to the Senate Committee on Youth, Aging and Human Ecology.
The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Thursday, February 10, 1994
NINETEENTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 597 Boshears, 6th PIERCE COUNTY Provides a homestead exemption from Pierce County ad valorem taxes for county purposes in an amount equal to the amount of the assessed value of the homestead which exceeds the assessed value of that homestead for the taxable year immediately preceding the taxable year in which that exemption is first granted to a resident for certain residents of that county who have annual incomes not exceeding $30,000 and who are 62 years or over.
SB 598 Boshears, 6th PIERCE COUNTY Amends an Act providing for the composition and selection of the board of education of Pierce County, so as to provide for the nonpartisan nomination and election of the members of such board; to repeal conflicting laws.
SB 599 Boshears, 6th PIERCE COUNTY Amends an Act providing for the composition and selection of the board of education of Pierce County, as amended so as to change the descriptions of the education districts of the board and provide for definitions and inclusions

THURSDAY, FEBRUARY 10, 1994

565

of parts of education districts; to provide for the submission of this Act to the United States Attorney General; to repeal conflicting laws.

SB 600 Boshears, 6th PIERCE COUNTY
Amends an Act creating a board of commissioners of Pierce County, so as to change the descriptions of the commissioner districts of the board and pro vide for definitions and inclusions of parts of commissioner districts; to pro vide for the submission of this Act to the United States Attorney General; to repeal conflicting laws.

HB 1583 Taylor, 12th RANDOLPH COUNTY
Amends an Act creating the Board of Commissioners of Randolph County, so as to reapportion the commissioner districts for the purpose of electing mem bers of the board of commissioners.

HB 1609 Bowen, 13th CITY OF OCILLA
Amends an Act incorporating the city of Ocilla, so as to change the provisions relating to the assessment, levy, and collection of an ad valorem tax by the mayor and aldermen on the real and personal property within the corporate limits of the city.

HB 1614 Taylor, 12th STEWART COUNTY
Amends an Act relating to the Board of Education of Stewart County and providing for the election of the members thereof, so as to provide for the election of members of the board of education; to provide for education dis tricts.

HB 1625 Harbison, 15th Robinson, 16th CITY OF COLUMBUS
Amends an Act further defining and prescribing the powers and duties of the Columbus Airport Commission, so as to provide for the appointment of air port commission police.

HB 1631 Taylor, 12th CLAY COUNTY
Amends an Act creating the Board of Commissioners of Clay County, so as to change the provisions relating to the clerk of the board of commissioners; to provide for other matters relating to the board of commissioners.

The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.
On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Baugh

Blitch Boshears Bowen

Broun of 46th Brown of 26th Burton

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Cheeks Coleman Crotts Day Dean
*5dge F,-a,g.r,a,r.now UGlliallnSton Gochenour Guhl Harbison Hemmer Henson

Hill Hooks Huggins Isakson Kemp
Langford of 29th M.M.aardadb,e.lne McG_. m. re Middleton Newbill Oliver Parrish Perdue

Those not voting were Senators:

Alien Clay (excused)

Langford of 35th (excused)

Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson S,,S,lcootti.tn S_ tarr Taylor Thomas Turner Tysinger Walker
Thompson (excused)

On the passage of all the local bills, the yeas were 52, nays 0.
All the bills on the Senate Local Consent Calendar, having received the requisite consti tutional majority, were passed.
The following bill was taken up to consider House action thereto:

SB 143. By Senator Newbill of the 56th:
A bill to amend Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing generally, so as to provide for requirements for home inspec tors; to provide for definitions; to provide for requirements relative to bonding or insurance; to provide for exceptions; to prohibit certain conduct; to provide for penalties.

The House amendments were as follows:
Amend SB 143 by striking lines 24 through 26 of page 1 and inserting in lieu thereof the following:
"8-3-331. Every home inspector shall provide to the person on whose behalf a home or single-family dwelling is being inspected a written document specifying:".
Amend SB 143 by striking line 3 of page 1 and inserting in lieu thereof the following:
"to require home inspectors to provide written documents containing certain informa tion with regard to inspections; to provide".
Senator Newbill of the 56th moved that the Senate agree to the House amendments to SB 143.
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 Day Dean Edge Farrow Gillis

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567

Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp

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

Those voting in the negative were Senators:

Egan

Guhl

Those not voting were Senators:

Clay (excused)

Scott

Langford of 35th (excused) Starr

Ragan of 32nd Ralston Ray Robinson Slotin Taylor Thomas Turner Tysinger Walker
Parrish
Thompson (excused)

On the motion, the yeas were 48, nays 3; the motion prevailed, and the Senate agreed to the House amendments to SB 143.
Senator Robinson, President Pro Tempore, assumed the Chair.
SENATE CALENDAR
Thursday, February 10, 1994
NINETEENTH LEGISLATIVE DAY
SB 77 State Agencies--administrative procedure, contested cases (Substitute) (Judy--42nd)
SB 100 Lottery for Education Account--restrict appropriation of proceeds (Amendment) (Ed--46th)
SB 468 Day Care Employees--preliminary criminal records checks (Substitute) (Judy--42nd)
SB 474 Dangerous Weapons--prohibit certain trigger devices (Substitute) (Judy--15th) SB 504 Vehicle for Hire Transporting Passengers--liability insurance (Amendment)
(I&L--55th) SB 505 Vehicle for Hire Transporting Passengers--maintenance of deposit for self-insur
ance (Substitute) (I&L--55th) SB 556 Contributing to Delinquent Act or Felony of Minor--unlawful (S Judy--29th)
SB 564 Taxes on Insurers--local distribution determination (I&L--47th)
SB 573 Group Life Insurance Policy--conversion to term life (I&L--47th) SB 574 Motor Vehicle Accidents--parties exchange information (Pub Saf--41st) SB 579 Conviction of Violating Motor Vehicle Insurance Law--file with Public Safety
Department (I&L--13th) HB 376 Elections--withdrawal of candidate at ensuing general election (Substitute) (Gov
Op--34th) Ladd--59th HB 1142 Insurance Policy Cancellation--when written request from insured (I&L--21st)
Culbreth--132nd HB 1223 Motor Vehicle License Plates, Titles--replacement fees (Pub Saf--23rd) Har
ris--112th

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HB 1235 Motor Vehicle Certificate of Title--perfection of security interests (Pub Saf--23rd) Harris--112th
HB 1256 Coroners, Deputy Coroners--annual training course (Pub Saf--23rd) Parham--122nd
HB 1283 Driver's License Replacement--time period for application (Pub Saf--24th) Parrish--144th
HB 1311 Decatur, Mitchell County Superior Courts--terms (S Judy--8th) Cox--160th
HB 1342 Permanent License Plates--option of certain trailers for hire (Pub Saf--23rd) Greene--158th
HB 1386 Traffic Accidents--law enforcement agencies submit report to Department of Public Safety (Pub Saf--54th) Parham--122nd
HB 1387 Motor Vehicle Accident--increase minimum amount of damage for police inves tigation (Pub Saf--54th) Parham--122nd
HB 1091 Probate Court Judges' Retirement--authorize to ones who never joined or with drew (Ret--10th) Jenkins--110th
SB 401 Handicapped Parking--veterans awarded Purple Heart (H&HS--31st)
The following generals bills were read the third time and put upon their passage:
SB 77. By Senators Oliver of the 42nd, Taylor of the 12th, Farrow of the 54th and Robinson of the 16th:
A bill to amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, relating to administrative procedure, so as to provide for notice of opportunity for a hearing; to provide for initiation of contested cases; to provide for com mencement of contested case proceedings; to provide for decision not to conduct a contested case proceeding.
The Senate Judiciary Committee offered the following substitute to SB 77:
A BILL
To be entitled an act to amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, relating to administrative procedure, so as to provide for notice of opportunity for a hearing; to provide for initiation of contested cases; to provide for commencement of contested case proceedings; to provide for decision not to conduct a contested case proceed ing; to provide for the appointment, title, disqualification, and substitution of a presiding officer; to provide for the authority of a presiding officer and for pretrial procedures; to provide for pleadings, briefs, motions, and service; to provide for defaults; to provide for subpoenas and protective orders; to provide for limitations on discovery; to provide for hear ings; to provide for ex parte communications; to provide for emergency orders; to provide for intervention in contested cases; to provide for rules of evidence in contested cases; to provide for initial decisions in contested cases; to amend Code sections in Titles 12, 43, and 46 of the Official Code of Georgia Annotated so as to correct cross-references; 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 13 of Title 50 of the Official Code of Georgia Annotated, relating to administrative procedure, is amended by striking Code Section 50-13-13, relating to oppor tunity for hearings in contested cases, which reads as follows:
"50-13-13. (a) In addition to any other requirements imposed by common law, constitu tion, statutes, or regulations:
(1) in any contested case, all parties shall be afforded an opportunity for hearing after reasonable notice served personally or by mail;

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(2) The notice shall include:
(A) A statement of the time, place, and nature of the hearing;
(B) A statement of the legal authority and jurisdiction under which the hearing is to be held;
(C) A reference to the particular section of the statutes and rules involved;
(D) A short and plain statement of the matters asserted. If the agency or other party is unable to state the matters in detail at the time, the notice may be limited to a statement of the issues involved. Thereafter, upon application, a more definite and detailed statement shall be furnished; and
(E) A statement as to the right of any party to subpoena witnesses and documentary evidence through the agency;
(3) Opportunity shall be afforded all parties to be represented by legal counsel and to respond and present evidence on all issues involved;
(4) Unless precluded by law, informal disposition may be made of any contested case by stipulation, agreed settlement, consent order, or default;
(5) Unless specifically precluded by statute, in addition to the agency, any contested case may be held before any agency representative who has been selected and appointed by the agency for such purpose. Before appointing a hearing representative, the agency shall determine that the person under consideration is qualified by reason of training, experience, and competence;
(6) The agency, the hearing officer, or any representative of the agency authorized to hold a hearing shall have authority to do the following: administer oaths and affirmations; sign and issue subpoenas; rule upon offers of proof; regulate the course of the hearing, set the time and place for continued hearings and fix the time for filing briefs; dispose of mo tions to dismiss for lack of agency jurisdiction over the subject matter or parties or for any other ground; dispose of motions to amend or to intervene; provide for the taking of testi mony by deposition or interrogatory; and reprimand or exclude from the hearing any person for any indecorous or improper conduct committed in the presence of the agency or the hearing officer;
(7) Subpoenas shall be issued without discrimination between public and private par ties. When a subpoena is disobeyed, any party may apply to the superior court of the county where the contested case is being heard for an order requiring obedience. Failure to comply with such order shall be cause for punishment as for contempt of court. The costs of secur ing the attendance of witnesses, including fees and mileage, shall be computed and assessed in the same manner as prescribed by law in civil cases in the superior court;
(8) A record shall be kept in each contested case and shall include:
(A) All pleadings, motions, and intermediate rulings;
(B) A summary of the oral testimony plus all other evidence received or considered except that oral proceedings or any part thereof shall be transcribed or recorded upon re quest of any party. Upon written request therefor, a transcript of the oral proceeding or any part thereof shall be furnished to any party of the proceeding. The agency shall set a uni form fee for such service;
(C) A statement of matters officially noticed;
(D) Questions and offers of proof and rulings thereon;
(E) Proposed findings and exceptions;
(F) Any decision (including any initial, recommended, or tentative decision), opinion, or report by the officer presiding at the hearing; and
(G) All staff memoranda or data submitted to the hearing officer or members of the agency in connection with their consideration of the case; and

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(9) Findings of fact shall be based exclusively on the evidence and on matters officially noticed.
(b) Except in cases in which a hearing has been demanded under Code Section 50-1312, subsection (a) of this Code section and the other provisions of this chapter concerning contested cases shall not apply to any case arising in the administration of the revenue laws, which case is subject to a subsequent de novo trial of the law and the facts in the superior court.", in its entirety and inserting in lieu thereof the following:
"50-13-13. (a) Unless otherwise provided by specific agency statutes, the requirements of which shall prevail when in conflict with this Code section, an agency shall conduct con tested case proceedings in the following manner:
(1) In any contested case, all parties shall be afforded an opportunity for hearing after reasonable notice served personally or by mail;
(2) A contested case may be initiated either by a person whose legal rights, duties, or privileges are required by law to be determined in a contested case or at the order of the agency charged with making such determination. An agency may commence a contested case at any time with respect to a matter within the agency's jurisdiction upon which the agency has legal authority to conduct a contested case. An agency shall commence a con tested case upon the application of any person entitled by law to initiate a contested case, unless:
(A) The agency lacks jurisdiction of the subject matter;
(B) A statute vests the agency with discretion to conduct or not to conduct a contested case before issuing an order to resolve the matter and, in the exercise of that discretion, the agency has determined not to conduct a contested case proceeding;
(C) Resolution of the matter does not require the agency to issue an order that deter mines the applicant's legal rights, duties, privileges, immunities, or other legal interests;
(D) The matter was not timely submitted to the agency; or
(E) The matter was not submitted in a form substantially complying with any applica ble provision of law or rule;
(3) A contested case proceeding commences when the agency or a presiding officer noti fies a party that a contested case has commenced or by the notification that a prehearing conference, hearing, or other stage of a contested case proceeding will be conducted. An investigation for the purpose of determining whether a proceeding should be conducted, or a decision which the agency may make without conducting a contested case proceeding, shall not constitute the commencement of a contested case;
(4) If an agency decides not to conduct a contested case proceeding in response to an application, the agency shall timely furnish the applicant a copy of its decision in writing, with a brief statement of the agency's reasons and of any administrative review available to the applicant;
(5) The notice of hearing shall include, either by reference or otherwise:
(A) A statement of the time, place, and nature of the hearing;
(B) A statement of the legal authority and jurisdiction under which the hearing is to be held;
(C) A reference to the particular section of the statutes and rules involved;
(D) A short and plain statement of the matters asserted. If the agency or other party is unable to state the matters in detail at the time, the notice may be limited to a statement of the issues involved. Thereafter, upon application, a more definite and detailed statement shall be furnished; and
(E) A statement as to the right of any party to subpoena witnesses and documentary evidence through the agency;

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(6) Opportunity shall be afforded all parties to be represented by legal counsel and to respond and present evidence on all issues involved;
(7) Unless precluded by law, informal disposition may be made of any contested case by stipulation, agreed settlement, consent order, or default;
(8) (A) Unless otherwise provided by law, the agency head or chairperson or a qualified person designated by the agency head or chairperson may be the presiding officer. Before appointing a hearing representative, the agency head or chairperson shall determine that the person under consideration is qualified by reason of training, experience, and compe tency. The title of any presiding officer who is not the agency head or chairperson shall be administrative law judge.
(B) Any person serving or designated to serve alone or with others as presiding officer is subject to disqualification in the specific case before the presiding officer as provided in subparagraph (C) of this paragraph; provided, however, that employment by the agency involved shall not itself constitute cause for disqualification; provided, however, that state ments made by a constitutional officer during the course of a campaign for election or in the furtherance of his or her public office shall not alone constitute cause for disqualification of the constitutional officer from serving as the presiding officer unless such statements reflect bias against a party to the specific case before the agency or department.
(C) (i) A presiding officer shall disqualify himself or herself in any proceeding in which such officer's impartiality might reasonably be questioned, including but not limited to in stances where the presiding officer has a personal bias or prejudice concerning a party or a party's lawyer or personal knowledge of disputed evidentiary facts concerning the proceed ing; the presiding officer served as a lawyer in the matter in controversy, or a lawyer with whom the presiding officer previously practiced law served during such association as a law yer concerning the matter, or the presiding officer has been a material witness concerning the matter; and the presiding officer or such officer's spouse, a person within the third de gree of relationship to either of them, the spouse of such a person, or any other member of the presiding officer's family residing in such officer's household is a party to the proceeding or an officer, director, or trustee of a party, is acting as a lawyer in the proceeding, is known by the presiding officer to have more than de minimis interest that could be substantially affected by the proceeding, or is to the presiding officer's knowledge likely to be a material witness in the proceeding.
(ii) A presiding officer shall keep informed about his or her personal and fiduciary eco nomic interests and make a reasonable effort to keep informed about the personal financial interests of the spouse and children residing in the household of such presiding officer.
(iii) A presiding officer disqualified by the terms of this subparagraph may disclose on the record the basis of disqualification and may ask the parties and their lawyers to con sider, out of the presence of such officer, whether to waive disqualification. If, following disclosure of any basis for disqualification other than personal bias or prejudice concerning a party, the parties and lawyers, without participation by such officer, all agree that such officer should not be disqualified, and such officer is then willing to participate, such officer may participate in the proceeding. The agreement shall be incorporated in the record of the proceeding.
(D) Any party may petition for the disqualification of a presiding officer promptly after receipt of notice indicating that the person will preside or promptly upon discovering facts establishing grounds for disqualification, whichever is later.
(E) All petitions for the disqualification of a presiding officer shall be made in writing and shall be accompanied by an affidavit setting forth definite and specific allegations which demonstrate the facts upon which the petition for disqualification is based. Any petition for disqualification shall be referred to another presiding officer if the presiding officer origi nally assigned to the matter determines that the affidavit is legally sufficient and that, as suming all the allegations of the affidavit are true, disqualification would be warranted. If the petition for disqualification is referred to another presiding officer and that presiding

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officer determines the petition to be meritorious, the presiding officer originally assigned to the matter shall be disqualified.
(F) If a substitute is required for a presiding officer who is disqualified or becomes unavailable for any other reason, the substitute must be appointed by the Governor, if the disqualified or unavailable person is an elected official, or by the appointing authority, if the disqualified or unavailable person is an appointed official.
(G) When a contested case is to be heard by a board, commission, or other body having more than one member, the provisions of subparagraphs (B) through (F) of this paragraph shall apply to all such members;
(9) The agency or the presiding officer shall have the authority necessary and appropri ate to conduct a fair, impartial, and orderly hearing. Such authority shall include, but is not limited to, the following:
(A) Administer oaths and affirmations;
(B) Sign and issue subpoenas;
(C) Rule upon offers of proof;
(D) Regulate the course of the hearing, set the time and place for continued hearings, and fix the time for filing briefs;
(E) Dispose of all motions, including but not limited to:
(i) Motions to dismiss for lack of agency jurisdiction over the subject matter or parties or for any other ground;
(ii) Motions for summary determination if there are no genuine issues of material fact for determination;
(iii) Motions to amend or to intervene; and
(iv) Motions to provide more definite statements;
(F) Provide for taking testimony by deposition or interrogatory, including the use of video, telephonic, or other acceptable electronic methods;
(G) Schedule and hold prehearing conferences and require the submission by the par ties of prehearing proposals specifying the issues to be heard, factual matters in dispute and not in dispute, and the witnesses and documents to be presented;
(H) Enter prehearing orders limiting the issues, factual matters, witnesses, and, docu ments to those included in the parties' prehearing proposals;
(I) Reprimand or exclude from the hearing any person for any indecorous, unruly, or improper conduct committed in the presence of the agency or the presiding officer;
(J) Authorize the parties to engage voluntarily in alternative dispute resolution, includ ing, without limitation, negotiation, mediation, and independent neutral evaluation; and
(K) To take whatever action is reasonably necessary during the hearing to ensure that the parties receive a full and fair hearing;
(10) (A) The presiding officer, at appropriate stages of the proceeding, shall give all parties full opportunity to file pleadings, motions, and objections.
(B) The presiding officer, at appropriate stages of the proceeding, may require parties to file briefs, proposed findings of fact and conclusions of law, and proposed initial or final orders.
(C) A party shall serve copies of any filed item on all parties by mail or any other means prescribed by agency rule;
(11) (A) If a party fails to attend or participate in any stage of a proceeding, fails to file any pleading required by this chapter or other applicable law or agency rule, or fails to

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comply with an order or subpoena issued by the presiding officer, the presiding officer, ei ther sua sponte or on the motion of any party, may enter a default order against the offend ing party. Any such order shall specify the grounds for the order and inform the party in default of the provisions of subparagraph (C) of this paragraph.
(B) Any default order may provide for a default as to all issues, a default as to specific issues, or other limitations, including limitations on the presentation of evidence, on the defaulting party's continued participation in the proceeding. In determining whether to enter a default and in determining the appropriate penalty for a default, the presiding of ficer shall give due regard for the interests of justice, the nature of the failure of the party in default, and the need for the orderly and prompt conduct of the proceeding.
(C) Within ten days of the entry of a default order, the party against whom it was issued may file a written motion requesting that the order be vacated or modified and stat ing the grounds for said motion. The presiding officer may allow a default to be opened where the failure of the party in default was the result of providential cause or excusable neglect or where the presiding officer, from all the facts, determines that a proper case has been made for the default to be opened on terms to be fixed by the presiding officer.
(D) After issuing a default order, the presiding officer shall conduct any further pro ceedings necessary to complete the proceeding without the participation of the party in de fault, or with such limited participation as determined appropriate under subparagraph (B) of this paragraph, and shall determine all issues in the proceeding, including those affecting the party in default;
(12) (A) The presiding officer, at the request of any party or upon the presiding officer's own motion, may issue subpoenas without discrimination between public and private parties and protective orders in accordance with the rules of civil procedure.
(B) Discovery shall not be available in any contested case proceedings except to the extent specifically authorized by this chapter or other provision of law. When discovery is authorized, the agency may by rule provide for different types of discovery for different types of hearings to be enforced by the presiding officer authorized to hold the hearing. Nothing in this Code section shall be interpreted to limit the provisions of Article 4 of Chapter 18 of this title.
(C) The cost of securing the attendance of witnesses, including fees and mileage, shall be computed and assessed in the same manner as prescribed by law in civil cases in superior court.
(D) In case of refusal to obey a subpoena, a protective order, or any other order issued under this chapter, any party may apply to the superior court of the county where the contested case is being heard for an order requiring obedience. Failure to comply with such order shall be cause for punishment as for contempt of court;
(13) At a hearing:
(A) The presiding officer shall regulate the course of the proceeding in conformity with agency rules and any prehearing order;
(B) To the extent necessary for full disclosure of all relevant facts and issues, the pre siding officer shall afford to all parties the opportunity to respond, present evidence and argument, conduct cross-examination, and submit rebuttal evidence, except as restricted by a limited grant of intervention or by the prehearing order;
(C) The presiding officer may conduct all or part of the hearing by telephone, television or other electronic means, if each participant in the hearing has an opportunity to partici pate in and to hear the entire proceeding while it is taking place;
(D) The presiding officer shall cause the hearing to be recorded at the agency's expense. Any party, at the party's expense, may upon request prior to the hearing cause a reporter approved by the agency to record the hearing and prepare a transcript. A uniform fee for such services may be established by the agency. Additional recordings may be made during

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the hearing if the making of the additional recordings does not cause distraction or disrup tion; provided, however, such additional recordings shall not be considered the official rec ord of the hearing;
(E) The hearing is open to public observation, except for the parts that the presiding officer determines must be closed pursuant to a provision of law expressly authorizing clo sure. To the extent that a hearing is conducted by telephone or other acceptable electronic means, public observation is satisfied by giving members of the public an opportunity, at reasonable times, to hear or inspect the agency's record and to inspect any transcript ob tained by the agency; and
(F) The presiding officer may reprimand or order removed from the hearing area disor derly or unruly parties, attorneys, or other persons. In case of refusal to obey such order, any party may apply to the superior court of the county where the contested case is being heard for an order requiring obedience. Failure to comply with such order shall be cause for punishment as for contempt of court;
(14) Findings of fact shall be based exclusively on the evidence and on matters officially noticed;
(15) (A) A presiding officer shall accord to every person who has a legal interest in a proceeding, or that person's lawyer, the right to be heard according to law. A presiding officer shall not initiate or consider ex parte communications or consider other communica tions made to such officer outside the presence of the parties concerning a pending or im pending proceeding, except that, where circumstances require, ex parte communications for scheduling, administrative purposes, or emergencies that do not deal with substantive mat ters or issues on the merits are authorized, provided that the presiding officer reasonably believes that no party will gain procedural or tactical advantage as a result of the ex parte communication and that the presiding officer makes provision promptly to notify all other parties of the substance of the ex parte communication and allows an opportunity to re spond. A presiding officer may obtain the advice of a disinterested expert on the law appli cable to a proceeding before such officer if such officer gives notice to the parties of the person consulted and the substance of the advice and affords the parties reasonable oppor tunity to respond. A presiding officer may consult with other officers or with agency person nel whose function is to aid the presiding officer in carrying out such officer's adjudicative responsibilities. A presiding officer may, with the consent of the parties, confer separately with the parties or their lawyers in an effort to mediate or settle matters pending before such officer.
(B) If a presiding officer initiates or receives a communication prohibited by this Code section, the presiding officer shall serve upon all parties and file as part of the agency's hearing record any such written communication received and a written summary of any such oral communication received.
(C) A request for information with respect to the status of a proceeding and communi cations regarding scheduling of hearings shall not be prohibited by this Code section.
(D) The provisions of this paragraph relating to communications between the presiding officer and other persons shall apply only in contested cases where the presiding officer is an administrative law judge as defined in subparagraph (A) of paragraph (8) of this subsection. Communications between the presiding officer and other persons shall otherwise be gov erned as provided by other laws or agency rules;
(16) An agency shall maintain an official record of each contested case under this chap ter. Except as otherwise provided by law or agency rules, the agency record constitutes the exclusive basis for agency action in an administrative proceeding under this chapter and for judicial review thereof. The agency record consists only of:
(A) Notices of all proceedings;
(B) Any prehearing order;
(C) All pleadings, motions, briefs, petitions, requests, and intermediate rulings;

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(D) Evidence received or considered;
(E) A statement of matters officially noticed;
(F) Proffers of proof and objections and rulings thereon;
(G) Proposed findings, requested orders, and exceptions;
(H) The record prepared for the presiding officer at the hearing;
(I) Any final order, initial order, or order on reconsideration;
(j) All staff memoranda or data submitted to the presiding officer and prepared and submitted by personal assistants; and
(K) Matters placed on the record after an ex parte communication;
(17) If otherwise authorized by law or agency rules:
(A) An agency may issue an emergency administrative order in a situation involving an immediate danger to the public health, safety, or welfare requiring immediate agency action;
(B) With the exception of civil penalty orders or fines, when the right to a hearing is afforded regarding the issuance of the order or fine, the agency may take only such action as is necessary to prevent or avoid the immediate danger to the public health, safety, or wel fare that justifies use of an emergency administrative order;
(C) The agency shall render the order, including a brief statement of findings of fact, conclusions of law, and policy reasons for the decision if it is an exercise of the agency's discretion, to justify the determination of an immediate danger and the agency's decision to take the specific action;
(D) The agency shall certify, in writing, the efforts, if any, which have been made to give notice and the reasons supporting the agency's claim that notice should not be re quired. The order is effective when rendered; and
(E) After issuing an emergency administrative order the agency shall proceed as quickly as feasible to complete any proceedings that would be required if the matter did not involve an immediate danger; and
(18) The presiding officer shall afford a liberal construction to the provisions of this Code section and other statutes and agency rules governing prehearing or hearing proce dures as they are applied to contested cases wherein one or more of the parties are unrepre sented by counsel.
(b) Except in cases in which a hearing has been demanded under Code Section 50-1312, subsection (a) of this Code section and the other provisions of this chapter concerning contested cases shall not apply to any case arising in the administration of the revenue laws, which case is subject to a subsequent de novo trial of the law and the facts in the superior court."
Section 2. Said chapter is further amended by striking Code Section 50-13-14, relating to intervention in contested cases, in its entirety and inserting in lieu thereof the following:
"50-13-14. (a) In contested cases:
(1) Upon timely application, any person shall be permitted to intervene when a statute confers an unconditional right to intervene or when the representation of an applicant's interest is or may be inadequate; or
(2) Upon timely application, any person may be permitted to intervene when a statute confers a conditional right to intervene or when the applicant's claim or defense and the main action have a question of law or fact in common. In exercising its discretion, the agency shall consider whether the intervention will unduly delay or prejudice the adjudica tion of the rights of existing parties.
(b) If a person qualifies for intervention, the presiding officer may impose conditions

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upon the intervenor's participation in the proceedings, either at the time that intervention is granted or at any subsequent time. Conditions may include"
(1) Limiting the intervenor's participation to designated issues in which the intervenor has a particular interest;
(2) Limiting the intervenor's use of discovery, if discovery is authorized by this chapter or by~bther provisions of law, cross-examination, and other procedures so as to promote the orderly and prompt conduct of the proceedings; and
(3) Requiring two or more intervenors to combine their presentations of evidence and argument, cross-examination, discovery, if discovery is authorized by this chapter or other provision of law, and other participation in the proceedings."
Section 3. Said chapter is further amended by striking Code Section 50-13-15, relating to rules of evidence in contested cases, which reads as follows:
"50-13-15. In contested cases:
(1) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. The rules of evidence as applied in the trial of civil nonjury cases in the superior courts shall be fol lowed. When necessary to ascertain facts not reasonably susceptible of proof under such rules, evidence not admissible thereunder may be admitted, except where precluded by stat ute, if it is of a type commonly relied upon by reasonably prudent men in the conduct of their affairs or if it consists of a report of medical, psychiatric, or psychological evaluation of a type routinely submitted to and relied upon by an agency in the normal course of its business. Agencies shall give effect to the rules of privilege recognized by law. Objections to evidentiary offers may be made and shall be noted in the record. Subject to these require ments, when a hearing will be expedited and the interest of the parties will not be prejudiced substantially, any part of the evidence may be received in written form;
(2) Documentary evidence may be received in the form of copies or excerpts if the origi nal is not readily available. Upon request, parties shall be given an opportunity to compare the copy with the original or have it established as documentary evidence according to the rules of evidence applicable to the superior courts of this state;
(3) A party may conduct such cross-examination as shall be required for a full and true disclosure of the facts;
(4) Official notice may be taken of judicially cognizable facts. In addition, official notice may be taken of generally recognized technical or scientific facts within the agency's special ized knowledge. Parties shall be notified either before or during the hearing, by reference in preliminary reports or otherwise, of the material notice, including any staff memoranda or data, and they shall be afforded an opportunity to contest the material so noticed. The agency's experience, technical competence, and specialized knowledge may be utilized in the evaluation of the evidence; and
(5) Any hearing which is required or permitted hereunder may be conducted by utiliz ing remote telephonic communications if the record reflects that all parties have consented to the conduct of the hearing by use of such communications and that such procedure will not jeopardize the rights of any party to the hearing.",
in its entirety and inserting in lieu thereof the following:
"50-13-15. (a) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. Except as provided in subsections (b), (c), and (d) of this Code section, or by other provi sions of law, the rules of evidence as applied in the trial of civil nonjury cases in the superior courts shall be followed. Agencies shall give effect to the rules of privilege recognized by law. Objections to evidentiary offers may be made and shall be noted in the record.
(b) The presiding officer has discretion to admit evidence when necessary to ascertain facts not reasonably susceptible of proof under such rules. Evidence not admissible thereun der may be admitted, except where precluded by statute, if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs or if it consists of an

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expert's report or evaluation of a type routinely submitted to and relied upon by an agency in the normal course of its business.
(c) Documentary evidence may be received in the form of copies or excerpts if the origi nal is not readily available. Upon request, parties shall be given an opportunity to compare the copy with the original or have it established as documentary evidence according to the rules of evidence applicable to the superior courts of this state.
(d) The presiding officer may admit and consider hearsay evidence providing the pre siding officer determines such evidence has probative value.
(e) A party may conduct such cross-examination as shall be required for a full and true disclosure of the facts.
(f) Official notice may be taken of judicially cognizable facts. In addition, official notice may be taken of generally recognized technical or scientific facts within the agency's special ized knowledge. Parties shall be notified either before or during the hearing, by reference in preliminary reports or otherwise, of the material noticed, including any staff memoranda or data, and they shall be afforded an opportunity to contest the material so noticed. Experi ence, technical competence, and specialized knowledge may be utilized in the evaluation of the evidence.
(g) All testimony of parties and witnesses must be made under oath or affirmation.
(h) Any part of the evidence, including the testimony of witnesses, may be received in written form if doing so will expedite the hearing without substantial prejudice to the inter est of any party.
(i) Unless otherwise provided by law or agency rules, the standard of proof shall be by a preponderance of the evidence."
Section 4. Said chapter is further amended by striking Code Section 50-13-16, relating to proposal for decision in contested cases, in its entirety and inserting in lieu thereof the following:
"50-13-16. Reserved."
Section 5. Said chapter is further amended by striking Code Section 50-13-17, relating to initial decisions in contested cases, in its entirety and inserting in lieu thereof the following:
"50-13-17. (a) In contested cases in which the agency haa not presided at the reception of the evidence, the agency rcpreaentative who presided shall initially decide the ease or the agency ahall require the entire record before the agency representative to be certified to it far-initial decision. When the representative makea the initial decision, and in absence of an application to the agency within 80 daya from the date of notice of the initial decision for review, or an order by the agency within such time for review on its motion, the initial decision shall, without further proceedings, become the decision of the agency. On review from the initial decision of the representative, the agency shall have all the powcro it would have in making the initial decision and, if deemed advisable, the agency may take additional testimony or remand the case to the hearing representative for such purpose. When the agency makes the initial decision without having prcaided at the reception of evidence, the agency representative shall first recommend a decision, a copy of which shall be sent to each party and which shall be made a part of the record. Unless otherwise provided by statute or rule, in contested cases presided over by the agency or its presiding officer at the reception of the evidence, the initial decision of the agency shall be the final administrative determi nation in the matter, except that the agency:
(1) May within 30 days of the issuance date of any agency decision, on its own motion, elect to review such decision;
(2) May, in its discretion, provide through its regulations for a procedure for review upon a motion for reconsideration by a party to the case; and

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(3) Shall reconsider initial decisions as follows:
(A) If the agency elects to implement through its regulations a procedure of motion for reconsideration of its initial decision, such motion for reconsideration shall be in writing and shall state the specific grounds upon which relief is sought. The motion for reconsideration shall be directed to, and filed with, the agency head or chairperson, or his or her delegate, within 30 days after delivery of the initial decision on the party seeking reconsideration;
(B) It shall be solely within the discretion of the agency whether or not to grant a motion for reconsideration and no further administrative review exists from the denial of such motion. When considering whether to grant a motion for reconsideration or upon the granting of such a motion, or when the agency elects to review a decision on its own motion, the agency may take such additional evidence and argument as it deems necessary to a proper determination of the matter and may do so either directly or by way of remand hearing. Should the agency fail to rule on a motion for reconsideration within 30 days of the receipt thereof, unless all parties consent in writing to a longer period, the motion shall be deemed to have been denied;
(C) If no motion for reconsideration is filed within the allotted 30 day period and the agency fails to state its election to review a decision by a writing directed to all parties to the case within the 30 day period allotted, the initial agency decision shall automatically become the final agency determination in the matter. If a motion for reconsideration is filed or the agency elects to review the decision on its own motion, an agency affirmation of the initial decision by denial of the motion for reconsideration or the decision rendered subse quent to a granted reconsideration review or review on its own motion shall become the agency's final determination in the matter;
(D) Where a motion for reconsideration is granted or the agency elects to review an initial decision on its own motion, the requirement of a final agency decision within 30 days of the close of the record stated in subsection (c) of this Code section shall be deemed to be 30 days from the close of the record on such reconsideration or review; and
(E) The filing of a motion for reconsideration shall not be required as a prerequisite to the seeking of judicial review under Code Section 50-13-19. However, the filing of a motion for reconsideration shall extend the time limit for seeking judicial review to 30 days from the final agency determination based upon the grant of a motion for reconsideration. A timely election of the agency to review on its own motion shall also extend the time limit for seeking judicial review to 30 days from the final agency determination based upon its review on its own motion.
(b) A final decision or order adverse to a party, other than the agency, in a contested case shall be in writing or stated in the record. A final decision shall include findings of fact and conclusions of law, separately stated, and the effective date of the decision or order. Findings of fact shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. Each agency shall maintain a properly indexed file of all deci sions in contested cases, which file shall be open for public inspection with the exceptions provided in paragraph (4) of subsection (a) of Code Section 50-13-3. A copy of the decision or order and accompanying findings and conclusions shall be delivered or mailed promptly to each party or to his the party's attorney of record. Nothing in this Code section shall prevent agencies from entering summary decisions or orders for contested cases informally disposed of under paragraph f4> (7) of subsection (a) of Code Section 50-13-13. Moreover, nothing in this Code section shairp~revent the parties to a contested case before the Public Service Commission from waiving the requirements of this Code section relating to findings of fact and conclusions of law, nor preclude the commission from adopting a rule or rules prescribing the procedure whereby parties to a contested case before it may waive such requirements.
(c) Each agency shall render a final decision in contested cases within 30 days after the close of the record required by Code Section 60-13 13 this Code section except that any

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agency, by order, may extend such period in any case in which it shall find that the com plexity of the issues and the length of the record require an extension of the period, in which event the agency shall render a decision at the earliest date practicable. Notwith standing any other provisions of this law to the contrary, the procedures prescribed by Code Section 46-2-25, relating to procedure for utility rate changes, shall be applicable to and available to any person, firm, or corporation subject to the jurisdiction of the Public Service Commission; and nothing contained herein in this Code section shall be deemed to abrogate or limit, in any manner, such Code section as it pertains to any rate, charge, classification, or service which may constitute the basis of a contested case, proceeding, hearing, or matter before the Public Service Commission.
(d) The Public Service Commission shall not be required to include findiri ,s of fact and conclusions of law in its orders and decisions in cases in which it presides at the reception of the evidence where no person appears in protest or opposition to the relief or authority sought; provided, however, that such cases shall not include those in which the relief sought is an increase or decrease in the rate or rates of any person subject to its jurisdiction; and provided, further, that, if an aggrieved person files a petition seeking judicial review pursu ant to Code Section 50-13-19 with respect to such an order or decision, the Public Service Commission shall nevertheless prepare such findings of fact and conclusions of law and in clude the same in the record of the proceedings transmitted to the reviewing court pursuant to subsection (e) of Code Section 50-13-19."
Section 6. Code Section 12-5-43 of the Official Code of Georgia Annotated, relating to administrative hearings relating to the control of water pollution and surface-water use, is amended by striking subsection (b) in its entirety and inserting in its place the following:
"(b) Code Sections 60 13 16 through 60 10 17 50-13-13 through 50-13-18 shall apply to all hearings held under this article."
Section 7. Code Section 43-30-11 of the Official Code of Georgia Annotated, relating to agency representative to determine contested cases relating to optometrists, is amended by striking subsection (a) in its entirety and inserting in its place the following:
"(a) Upon the written request of the board, the joint-secretary shall have the power under paragraph (6) of subsection (a) subparagraph (a)(8)(A) of Code Section 50-13-13 to select and appoint an agency representative to determine a contested case pending before the board to the extent and in the manner provided by law."
Section 8. Code Section 46-2-52 of the Official Code of Georgia Annotated, relating to keeping of records of proceedings on formal investigations of the Public Service Commis sion, is amended by striking said Code section in its entirety and inserting in its place the following:
"46-2-52. A full and complete record as provided in paragraph {8} (16) of subsection (a) of Code Section 50-13-13 shall be kept of all proceedings conducted before the commission on any formal investigation; and all testimony shall be transcribed by the official reporter appointed by the commission."
Section 9. Code Section 46-2-91 of the Official Code of Georgia Annotated, relating to penalties recoverable before the Public Service Commission, is amended by striking para graph (1) of subsection (b) in its entirety and inserting in its place the following:
"(1) The commission, after a hearing conducted after not less than 30 days' notice, shall determine whether any utility has willfully violated any law administered by the commis sion or any duly promulgated regulation issued thereunder, or has failed, neglected, or re fused to comply with any order of the commission. Upon an appropriate finding of a viola tion, the commission may impose by order such civil penalties as are provided by subsection (a) of this Code section or by subsection (a) of Code Section 46-2-94. In each such proceed ing, the commission shall maintain a record as provided in paragraph {8} (16) of subsection (a) of Code Section 50-13-13 including all pleadings, a transcript of proceedings, a statement of each matter of which the commission takes official notice, and all staff memoranda or

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data submitted to the commission in connection with its consideration of the case. All pen alties and interest thereon (at the rate of 10 percent per annum) recovered by the commis sion shall be paid into the general fund of the state treasury."
Section 10. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Bowen Broun of 46th Cheeks Coleman Day Dean Egan Farrow

Gillis Harbison Henson Hill Hooks Huggins Langford of 29th Madden Marable McGuire Oliver

Parrish Pollard Ragan of llth Ralston Ray Scott Slotin Thomas Turner Tysinger Walker

Those voting in the negative were Senators:

Alien Baugh Boshears Burton Crotts

Gochenour Guhl Isakson Kemp Middleton

Newbill Perdue Ragan of 32nd Taylor

Those not voting were Senators:

Brown of 26th Clay (excused) Edge

Glanton Hemmer Langford of 35th (excused)

Robinson (presiding) Starr Thompson (excused)

On the passage of the bill, the yeas were 33, nays 14.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Boshears of the 6th gave notice that, at the proper time, he would move that the Senate reconsider its action on SB 77.
Senator Crotts of the 17th introduced visitors representing the American Association of Retired Persons, commended by SR 377, adopted previously.
The President resumed the Chair.
Senator Ray of the 19th introduced Admiral Richard H. Truly, commended by SR 490, adopted previously, who addressed the Senate briefly.
The Calendar was resumed.
SB 100. By Senators Broun of the 46th and Tysinger of the 41st: A bill to amend Code Section 50-27-13 of the Official Code of Georgia Annotated, relating to the disposition of lottery proceeds, so as to restrict the appropriation

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of lottery proceeds from the Lottery for Education Account under certain condi tions based on other appropriations for education.

The Senate Education Committee offered the following amendment:
Amend SB 100 by adding on line 16 of page 2 between the word "year" and the period the following:
"for any purposes covered in the continuation budget report applicable to the State Board of Education - Department of Education, Board of Regents, University System of Georgia, and the Department of Technical and Adult Education".
On the adoption of the amendment, the yeas were 41, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Alien Balfour
Baugh Blitch Boshears
nBroWuenn o*f 4,^61th. BBruorwtonn of 26th Cheeks Coleman Crotts Day Dean Egan Farrow

Gillis Glanton Gochenour
Guhl Harbison Hemmer
H,,.e,,nson ""ook, s Huggms Isakson Langford of 29th Madden Marable Middleton Newbill

Oliver Parrish Perdue
Pollard Ragan of llth Ragan of 32nd
Rn alston RS oIb-inson Scott Slotin Starr Taylor Thomas Turner Tysinger

Those not voting were Senators:

Clay (excused) Edge Kemp

Langford of 35th (excused) McGuire

Thompson (excused) 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. Senator Robinson of the 16th, President Pro Tempore, assumed the Chair. The Calendar was resumed.

SB 468. By Senators Oliver of the 42nd, Ray of the 19th and Thompson of the 33rd:
A bill to amend Article 3 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to criminal records checks of day care center employees, so as to authorize preliminary criminal records checks of certain persons alleged to have committed child abuse; to provide for immunity from liability.

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The Senate Judiciary Committee offered the following substitute to SB 468:

A BILL
To be entitled an Act to amend Article 6 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children, so as to authorize pre liminary criminal records check determinations of certain persons alleged to have commit ted child abuse; to provide for definitions; to provide for the use of such determinations; to provide for immunity from liability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 6 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children, is amended by adding at the end a new Part 3 to read as follows:
"Part 3
49-5-158. (a) Any term used in this Code section and defined in Code Section 49-5-60 shall have the meaning provided for such term in Code Section 49-5-60.
(b) Whenever a police authority or district attorney is notified of a report of child abuse pursuant to subsection (e) of Code Section 19-7-5, the director of the county department of family and children services which provides such notification or the supervisor of the protec tive services worker whose investigation of that report led to such notification may obtain, upon the recommendation of such protective services worker, a preliminary records check determination for any adult person alleged to have committed such abuse. That determina tion may be used, along with other information available to that county department of fam ily and children services, in deciding the appropriate protective services to be provided to any child alleged in the report to have been subjected to child abuse.
(c) Neither the GCIC, the department, any law enforcement agency, any district attor ney, any county department of family and children services, nor any personnel or employees of any such entities shall be responsible for the accuracy of information nor have any liabil ity for defamation, invasion of privacy, negligence, or any other claim in connection with any dissemination of information of any determination made with regard to an investigation of child abuse pursuant to this Code section."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Alien Baugh Blitch Boshears Bowen BBrroowunn ooff 4266tthh

Farrow Gillis Guhl Harbison Hemmer Henson HHiolol ks

Middleton Oliver Parrish Perdue Pollard Raean of llth KR aflsat.nonOt 11Ul

BChuerteokns Coleman
Crotts Dean Edge Egan

HIsuakgsgoinns Kemp
Langford of 29th Madden Marable McGuire

Scott Starr
TayloT Thomas Turner Tysinger

THURSDAY, FEBRUARY 10, 1994

583

Those voting in the negative were Senators:

Day Glanton

Gochenour Newbill

Those not voting were Senators:

Balfour

Robinson (presiding)

Clay (excused)

Slotin

Langford of 35th (excused)

Ragan of 32nd
Thompson (excused) Walker

On the passage of the bill, the yeas were 44, nays 5.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Middleton of the 50th introduced the doctor of the day, Dr. Richard Wherry of Dahlonega, Georgia.
Senator Ralston of the 51st introduced the Ellijay-Gilmer County Apple Marketing As sociation and the Gilmer County Garden Club, commended by SR 448 and SR 447, adopted previously. Brenda Johnson, a spokesperson for the group addressed the Senate briefly.
The following bill was taken up to consider House action thereto:
SB 12. By Senators Scott of the 36th, Dawkins of the 45th, Broun of the 46th and others: A bill to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to provide that licensed firearms dealers comply with certain requirements prior to the sale or delivery of a firearm; to amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center; to amend Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to costs in probate courts.
The three House amendments were as follows:
Amend SB 12 by adding in the title on line 5 of page 1 between the semicolon and the word "to" the following:
"to provide for legislative intent and declarations; to restrict the authority of political subdivisions with respect to certain regulations of firearms;".
By striking from line 26 of page 2 the following:
"to provide for automatic repeal;".
By adding between lines 24 and 25 on page 3 the following:
"(4.1) 'Firearm' means a handgun.
(4.2) 'Handgun' means a pistol or revolver or other firearm which has a short stock and is designed to be held and fired by the use of a single hand."
By striking from line 11 on page 6 the following:
"$10.00",
and inserting in lieu thereof the following: "$5.00".

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By striking the quotation marks at the end of line 19 on page 11 and by adding between lines 19 and 20 the following:
"16-11-184. (a) It is declared by the General Assembly that the regulation of firearms is properly an issue of general, state-wide concern.
(b) No county or municipal corporation, by ordinance, resolution, or other enactment, shall regulate in any manner the possession, ownership, transport, carrying, transfer, sale, purchase, licensing, or registration of firearms or components of firearms.
(c) A county or municipal corporation may regulate the transport, carrying, or posses sion of firearms by employees of the local unit of government in the course of their employ ment with that local unit of government.
(d) Nothing contained in this Code section shall prohibit municipalities or counties, by ordinance, resolution, or other enactment, from reasonably limiting or prohibiting the dis charge of firearms within the boundaries of the municipal corporation or county.
(e) Notwithstanding the provisions of paragraphs (4.1) and (4.2) of Code Section 16-11170, as used in this Code section, the term 'firearm' shall include any weapon defined as a firearm in paragraph (2) of subsection (a) of Code Section 16-11-131.'"
By striking in their entirety lines 7 and 8 on page 14 which read as follows:
"Section 6.1. This Act shall stand repealed in its entirety on July 1, 1997."
Amend SB 12 by striking from the title on lines 3 through 5 of page 2 the following:
"to provide that a licensed firearms dealer is not required to comply with the provisions of this Act under certain conditions;"
By striking from lines 19 through 24 of page 5 the following:
"; provided, however, that if information is not received and the bureau has not advised the licensee that the potential buyer is prohibited from receiving or possessing a firearm within seven days of the day of the initial inquiry, the licensee may proceed to consummate the transaction".
By striking from line 30 on page 5 through line 9 of page 6 the following:
"After such notification, the bureau shall forthwith, and in no event later than the end of the next business day of the licensee, either inform the licensee that its records demon strate that the potential buyer or transferee is prohibited from receipt or possession of a firearm pursuant to state or federal law or provide the licensee with a unique transaction number. Unless notified by the end of said next business day that the potential buyer or transferee is so prohibited, and without regard to whether he has received a unique transac tion number, the licensee may complete the sale or delivery and shall not be deemed in violation of this part with respect to such sale or delivery."
By striking from line 32 of page 6 through line 3 of page 7 the following:
"such records shall be destroyed within 48 hours after the day of the receipt of the licensee's request; provided, however, that in those instances provided for in subsection (b) of Code Section 16-11-172, the bureau may maintain identifying information relative to the potential buyer for a period not to exceed seven days.",
and inserting in lieu thereof the following:
"such records shall be destroyed within ten days after the day of the receipt of the licensee's request; provided, however, that in those instances where the completion of the criminal history and involuntary records check takes longer than ten days to complete, such identifying records may be maintained until the completion of the records check."
By striking from line 24 of page 8 through line 9 of page 9 the following:
"16-11-179. A licensed dealer is not required to comply with the provisions of this part in the event of:
(1) Unavailability of telephone service at the licensed premises due to:
(A) The failure of the entity which provides telephone service in the state, region, or

THURSDAY, FEBRUARY 10, 1994

585

other geographical area in which the licensee is located to provide telephone service to the premises of the licensee due to the location of said premises; or
(B) The interruption of telephone service by reason of hurricane, tornado, flood, natural disaster, or other act of God, or war, invasion, insurrection, riot, or other bona fide emer gency, or other reason beyond the control of the licensee; or
(2) Failure of the bureau to comply reasonably with the requirements of Code Sections 16-11-172 and 16-11-173."
By striking from line 10 of page 9 the following: "16-11-180",
and inserting in lieu thereof the following: "16-11-179"
By striking from line 18 of page 9 the following: "16-11-181",
and inserting in lieu thereof the following: "16-11-180"
By striking from line 8 of page 10 the following: "16-11-182",
and inserting in lieu thereof the following: "16-11-181".
By striking from line 33 of page 10 the following: "16-11-183",
and inserting in lieu thereof the following: "16-11-182".
Amend SB 12 by inserting between lines 20 and 21 of page 8 the following:
"(c) Any person erroneously identified as a prohibited person, whose records have not been corrected pursuant to subsection (a) or (b) of this Code section, may bring an action in any court of original jurisdiction against the State of Georgia or any political subdivision thereof which is the source of the erroneous information. If the person prevails in the action, the court shall allow the person reasonable attorney's fees as part of the costs."
By inserting at the end of line 23 of page 8 the following:
"Any government official who willfully or intentionally compromises the identity, confi dentiality, and security of any records and data pursuant to this part shall be guilty of a felony and fined no less than $5,000.00 and shall be subject to automatic dismissal from his or her employment."
By inserting on line 8 of page 10 after the word "dealer" the following:
"or any government official".
Senator Scott of the 36th moved that the Senate disagree to the House amendments to SB 12.
Senator Egan of the 40th moved that the amendments be printed.
On the adoption of the motion offered by Senator Egan of the 40th, the yeas were 28, nays 9; the motion prevailed, and the amendments were ordered printed. Action on the motion by Senator Scott of the 36th was suspended subject to the printing.

586

JOURNAL OF THE SENATE

The Calendar was resumed.
SB 504. By Senator Henson of the 55th:
A bill to amend Chapter 9 of Title 40 of the Official Code of Georgia Annotated, known as the "Motor Vehicle Safety Responsibility Act," so as to increase the amount of motor vehicle liability insurance that an operator of one or more mo tor vehicles for hire which transport passengers and in whose name a certificate of title has been issued on one or more such vehicles for hire must maintain as evidence of security for bodily injury and property damage.
Senator Henson of the 55th moved that SB 504 be committed to the Senate Committee on Insurance and Labor.
On the motion, the yeas were 38, nays 0; the motion prevailed, and SB 504 was commit ted to the Senate Committee on Insurance and Labor.
SB 505. By Senator Henson of the 55th:
A bill to amend Code Section 40-9-101 of the Official Code of Georgia Annotated, relating to self-insurance for motor vehicle liability purposes, so as to require the maintenance of cash deposits and investments in certain securities by persons operating one or more vehicles for hire which transport passengers in order for those persons to qualify for a certificate of self-insurance for motor vehicle liabil ity purposes.
The Senate Insurance and Labor Committee offered the following substitute to SB 505:
A BILL
To be entitled an Act to amend Article 5 of Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to assigned risk plans, self-insurers, and "spot" insurance for motor vehicle liability purposes, so as to require the maintenance of cash deposits and in vestments in certain securities by persons operating 25 or more taxicabs and in whose name such vehicles are registered in order for those persons to qualify for a certificate of selfinsurance for motor vehicle liability purposes; to provide a definition; to allow for a transi tion period for compliance; to authorize rules and regulations to be promulgated by the Commissioner of Insurance; to require such self-insurers to submit to the Commissioner annual and interim reports; to limit the value of any asset listed on an annual or interim report to an equity interest; to provide that such self-insurers shall be subject to certain examinations and proceedings in the same manner as insurers; to require such self-insurers to maintain reserves for losses; 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 5 of Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to assigned risk plans, self-insurers, and "spot" insurance for motor vehicle liability purposes, is amended by striking Code Section 40-9-101, relating to self-insurance, and in serting in lieu thereof a new Code Section 40-9-101 to read as follows:
"40-9-101. (a) (1) Except as otherwise provided in paragraph paragraphs (2) and (3) of this subsection, any person in whose name one or more vehicles are registered in this state may qualify as a self-insurer by obtaining a certificate of self-insurance from the Commis sioner of Insurance. The Commissioner of Insurance may, in his or her discretion, upon the application of such person, issue such a certificate when he or she is satisfied that such person has and will continue to have the ability to provide coverages, benefits, and claimshandling procedures substantially equivalent to those afforded by a policy of vehicle insur ance in compliance with Chapter 34 of Title 33.
(2) Any Except as otherwise provided in paragraph (3) of this subsection with regard to

THURSDAY, FEBRUARY 10, 1994

587

taxicabs, any person who operates one or more vehicles for hire which transport passengers and in whose name a certificate of title has been issued pursuant to Chapter 3 of this title on one or more such vehicles may qualify as a self-insurer by obtaining a certificate of selfinsurance from the Commissioner of Insurance. The Commissioner of Insurance may, in his or her discretion, upon the application of such person, issue such a certificate when he or she is satisfied that such person has and will continue to have the ability to provide coveT^ ages, benefits, and claims-handling procedures substantially equivalent to those afforded by a policy of vehicle insurance in compliance with Chapter 34 of Title 33.
(3) (A) As used in this paragraph, the term 'taxicab' means a motor vehicle used to transport passengers for a fare and which is fitted with a taximeter to compute such fare.
(B) Any person who operates 25 or more taxicabs and in whose name such vehicles are registered may qualify as a self-insurer by obtaining a certificate of self-insurance from the Commissioner of Insurance. The Commissioner of Insurance may, in his or her discretion, upon the application of such person, issue such a certificate when he or she is satisfied that such person has and will continue to have the ability to provide coverages, benefits, and claims-handling procedures substantially equivalent to those afforded by a policy of vehicle insurance in compliance with Chapter 34 of Title 33. A person who operates fewer than 25 taxicabs and in whose name such vehicles are registered shall not be allowed to qualify as a self-insurer with regard to such vehicles.
(C) On or after July 1, 1994, to qualify for an original certificate of seif-insurance under subparagraph (B) of this paragraph, a person shall maintain with the Commissioner a cash deposit of $100,000.00 and shall maintain the amount of $300,000.00 invested in securities described in subsection (a) of Code Section 33-12-3, relating to insurers' assets which are deemed eligible for deposit.
(D) Any person operating as a self-insurer pursuant to a certificate of self-insurance issued prior to July 1, 1994, shall be allowed a transition period in which to meet the re quirements of subparagraph (C) of this paragraph; provided, however, on and after July It 1996, all self-insurers under this paragraph shall comply fully with the requirements of subparagraph (C) of this paragraph. The Commissioner of Insurance shall promulgate rules and regulations relative to the transition period for compliance provided in this subparagraph.
(E) Beginning July 1, 1994, and each year thereafter, a person operating as a self-insurefpursuant to this paragraph shall submit to the Commissioner of Insurance, on forms prescribed by the Commissioner, an annual report of the same scope and in the same man ner as required of insurers pursuant to Code Section 33-3-21. The Commissioner of Insur ance may require additional interim reports in accordance with rules and regulations promulgated by the Commissioner. The value of any asset listed in an annual or interim report required by this subparagraph shall be limited to the equity interest of the person.
(F) Any person operating as a self-insurer pursuant to this paragraph shall be subject to examination and proceedings in the same manner applicable to insurers as provided in Chapter 2 of Title 33 and shall maintain reserves for losses in the same manner as insurers transacting motor vehicle insurance as provided in Chapter 10 of Title 33.
(b) Upon a determination that any self-insurer has failed to pay on any valid claim within 30 days of its submission or has failed to satisfy any judgment within 30 days after such judgment shall become final, the Commissioner of Insurance shall revoke such insurer's certificate. The Commissioner of Insurance may on reasonable grounds cancel a certificate of self-insurance and is authorized to promulgate rules and regulations prescribing such grounds for the cancellation of such certificates."
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.

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

Farrow Gillis Glanton Gochenour Guhl Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable McGuire Middleton

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

Those not voting were Senators:

Clay (excused) Day Harbison

Hemmer Langford of 35th (excused) Perdue

Robinson (presiding) Thompson (excused)

On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute.

SB 556. By Senators Langford of the 29th, Kemp of the 3rd, Thompson of the 33rd and others:
A bill to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions relative to offenses against public health and morals, so as to provide that it shall be unlawful for any person to hire, solicit, engage, contract with, conspire with, encourage, abet, or direct any minor to commit any felony or any delinquent act which would constitute a fel ony if committed by an adult.

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

Egan Farrow Gillis Glanton Gochenour Guhl Harbison Hill

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589

Hooks Huggins Isakson Kemp Langford of 29th Madden Marable McGuire

Newbill Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston

Those not voting were Senators:

Clay (excused) Hemmer Henson

Langford of 35th (excused) Middleton Robinson (presiding)

Ray Scott Slotin Taylor Thomas Turner Tysinger Walker
Starr Thompson (excused)

On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed.

The President resumed the Chair.

SB 564. By Senator Madden of the 47th:
A bill to amend Chapter 8 of Title 33 of the Official Code of Georgia Annotated, relating to taxes and fees on insurers, so as to change the provisions relating to the determination of the population of counties and municipalities and the for mulas used for the distribution of taxes on life insurers and on insurers other than life insurers to counties and municipalities.

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

Egan Farrow Gillis Glanton Gochenour Guhl Harbison Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable McGuire

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

Those not voting were Senators:

Clay (excused) Hemmer Henson

Langford of 35th (excused) Middleton Ragan of llth

Starr Thompson (excused)

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JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 573. By Senators Madden of the 47th and Pollard of the 24th:
A bill to amend Code Section 33-27-3 of the Official Code of Georgia Annotated, relating to required provisions of group life insurance policies, so as to allow con version to a term life insurance policy.

The report committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the \(ote 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 Day Dean Edge Egan

Farrow Gillis Glanton Gochenour Guhl Harbison Hooks
Isakson Kemp Langford of 29th Madden Marable McGuire Middleton Newbill

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

Those not voting were Senators:

Clay (excused) Hemmer
Henson

Hill Langford of 35th (excused)

Starr Thompson (excused)

On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 574. By Senator Tysinger of the 41st:
A bill to amend Article 12 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle accidents, so as to require certain informa tion to be exchanged between parties to a motor vehicle accident; to require the law enforcement officer at the scene of accident to instruct the driver of each motor vehicle to provide certain information to other parties.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Alien

Balfour Baugh

Blitch Boshears

THURSDAY, FEBRUARY 10, 1994

591

Bowen Brown of 26th Burton Cheeks Crotts Day Dean Edge Egan Farrow Gillis Glanton Gochenour Guhl

Harbison Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable McGuire Middleton Newbill Oliver Parrish

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

Those not voting were Senators:

Broun of 46th Clay (excused) Coleman

Hemmer Henson Langford of 35th (excused)

Starr Thompson (excused)

On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 579. By Senators Bowen of the 13th and Pollard of the 24th:
A bill to amend Code Section 40-6-12 of the Official Code of Georgia Annotated, relating to subsequent violations and proof of financial responsibility with re spect to general provisions applicable to the uniform rules of the road, so as to provide that persons convicted of certain violations of the law relating to require ments of insurance on motor vehicles or motorcycles shall be required to file with the Department of Public Safety.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
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 Coleman
Crotts Day Dean Egan Farrow

Gillis Glanton Gochenour Guhl Harbison Hemmer Henson Hill HHouogkgsins Isakson Kemp
Langford of 29th Marable McGuire Middleton Newbill

Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston tTTM RD ob.inson *cott lotm
starr Thomas Turner Tysinger Walker

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JOURNAL OF THE SENATE

Those not voting were Senators:

Clay (excused) Edge

Langford of 35th (excused) Madden

Taylor Thompson (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 bill of the Senate, having been taken up previously today and action suspended subject to the printing of the amendments, was continued upon its consideration:

SB 12. By Senators Scott of the 36th, Dawkins of the 45th, Broun of the 46th and others:
A bill to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to provide that licensed firearms dealers comply with certain requirements prior to the sale or delivery of a firearm; to amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center; to amend Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to costs in probate courts.

Senator Scott of the 36th restated his motion that the Senate disagree to the House amendments to SB 12.
The President ordered a roll call and the vote was as follows:

Those voting in the affirmative were Senators:

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

Farrow Gillis Guhl Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Marable Middleton Oliver Parrish

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

Those voting in the negative were Senators:

Balfour Glanton

Gochenour McGuire

Newbill

Those not voting were Senators:

Clay (excused) Edge

Langford of 35th (excused) Langford of 29th

Madden Thompson (excused)

On the motion, the yeas were 45, nays 5; the motion prevailed, and the Senate disagreed to the House amendments to SB 12.

THURSDAY, FEBRUARY 10, 1994

593

The President announced that the Senate would stand in recess from 12:01 P.M. until 1:30 P.M.
The President called the Senate to order at 1:30 P.M.
The Calendar was resumed.
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.
Senate Sponsor: Senator Glanton of the 34th.
The Senate Governmental Operations Committee offered the following substitute to HB 376:
A BILL
To be entitled an Act 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; to provide for procedures; to provide for the filling of vacancies created by such withdrawal; to provide for nomination of candidates by other political par ties in the event of such withdrawal; to provide for special elections; to provide for limita tions; 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 Code Section 21-2-134, relating to restrictions on the withdrawal of nominated candidates, and inserting in its place a new Code Section 21-2-134 to read as follows:
"21-2-134. (a) Ne A candidate nominated at any primary election or nonpartisan pri mary or nominated by means other than a primary may withdraw as a candidate at the ensuing general election by filing a notarized affidavit of withdrawal with the Secretary of State, if nominated for a state office, or the county superintendent, if nominated for a county office. The qualifying fee shall not be returned to the candidate. If the ballots have been printed, the Secretary of State or the county superintendent may reprint the ballots to omit the name of the withdrawn candidate. All votes cast for the withdrawn candidate shall be void and shall not be counted. Prominent notices shall be posted in all polling places in which the name of the withdrawn candidate appears on the ballot stating that the candidate has withdrawn and that all votes cast for such withdrawn candidate shall be void and shall not be counted. No vacancy on the ballot for a general election or for a nonpartisan election shall be filled except by reason of the withdrawal, death, or disqualification of a candidate.
(b) (1) Any vacancy in any party nomination filled by a primary created by reason of the deatTTor disqualification of a candidate occurring after nomination may be filled in the following manner:
41} (A) In the case of a public office to be filled by the vote of the electors of the entire state in wEich the vacancy occurs after nomination but at least ten days prior to the election to fill the public office sought by such candidate, the vacancy may be filled by a substitute nomination made by a convention composed of the delegates of the county executive com mittee of such party in each county of the state. Immediately upon such vacancy occurring, the state executive committee or a subcommittee thereof appointed for the purpose shall fix a time within six days of the occurrence of such vacancy; shall select and provide a conven ient place for the holding of such a convention, which shall be open to the public; and shall give notice thereof to the chairman chairperson and secretary of each county executive com mittee. Each county executive committee shall be entitled to select the number of delegates apportioned to it by the state executive committee; provided, however, that each county

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executive committee shall be entitled to select at least one delegate. Such apportionment of delegates among the counties shall be based substantially upon the population of the state according to the last United States decennial census or upon the number of votes cast within the state for the party's candidates for presidential electors in the last presidential election. A two'third's two-thirds' majority of the delegates of such county executive com mittees shall constitute a quorum for the transaction of business, and a majority of the delegates present while a quorum exists shall be sufficient to fill such nomination by a sub stitute nomination. Each delegate shall have one vote and all votes taken shall be by a rollcall vote. The records of the convention shall be filed with the state executive committee. In the event such a vacancy in party nomination shall occur during the ten days preceding the day of such an election, such vacancy may be filled by a substitute nomination made by the state executive committee or a subcommittee thereof appointed for the purpose;
{2} (B) In the case of a public office for which a candidate must qualify with the state executive committee, except a public office to be filled by the vote of the electors of the entire state, the nomination may remain vacant or may be filled at the decision of the state executive committee of the party. The decision whether to fill such vacancy shall be made by the state executive committee by 4:00 P.M. on the next business day following the actual knowledge of the death or disqualification of the candidate. The decision of the state execu tive committee shall be immediately transmitted to the Secretary of State. If the Secretary of State has not been notified of the decision of the state executive committee by 4:30 P.M. on the next business day following the actual knowledge of the vacancy, it shall be conclu sively presumed that the state executive committee has decided not to fill the vacancy. If the state executive committee decides not to fill the vacancy, the nomination shall remain vacant. If the state executive committee decides to fill the vacancy, the vacancy shall be filled by a substitute nomination made by the state executive committee or a subcommittee thereof appointed for that purpose; and
{8} (C) In the case of a public office for which a candidate must qualify with the county executive committee, the nomination may remain vacant or may be filled at the decision of the state executive committee of the party. The state executive committee or a subcommit tee thereof may determine on its own whether to fill the vacancy but is authorized, though not required, to seek the recommendation of any of the following persons for the purpose of determining whether to fill the vacancy: the county executive committee, if any; persons from the area who are active in the party; persons who are present or former officials of the party; persons who presently hold political office or have sought political office as candidates of the party; or such other persons as the committee or subcommittee may desire to consult. The decision whether to fill such vacancy shall be made by the state executive committee by 4:00 P.M. on the next business day following the actual knowledge of the death or disqualifi cation of the candidate. The decision of the state executive committee shall be immediately transmitted to the county superintendent. If the county superintendent has not been noti fied of the decision of the state executive committee by 4:30 P.M. on the next business day following the actual knowledge of the vacancy, it shall be conclusively presumed that the state executive committee has decided not to fill the vacancy. If the state executive commit tee decides not to fill the vacancy, the nomination shall remain vacant. If the state executive committee decides to fill the vacancy, the vacancy shall be filled by a substitute nomination made by the state executive committee or a subcommittee thereof appointed for that pur pose. The state executive committee or a subcommittee thereof may determine on its own who shall fill the vacancy as a substitute nominee but is authorized, though not required, to seek the recommendation of any of the following persons for the purpose of determining the most suitable substitute nomination: the county executive committee, if any; persons from the area who are active in the party; persons who are present or former officials of the party; persons who presently hold political office or have sought political office as candidates of the party; or such other persons as the committee or subcommittee may desire to consult.
(2) Any vacancy which occurs in any party nomination filled by a primary and which is created by reason of the withdrawal of a candidate 60 or more days prior to the date of the election shall be filled as follows:

THURSDAY, FEBRUARY 10, 1994

595

(A) By the person seeking nomination in such primary who received the second highest total of votes cast in such primary for that office, provided that such person received not less than 40 percent of the votes cast for that office; or
(B) In the event no person received the vote total required under division (i) of this subparagraph, such vacancy shall be filled in the same manner as provided in subparagraph (A), (B), or (C) of paragraph (1) of this subsection, as appropriate.
(c) Any vacancy occurring in any body nomination or party nomination filled by means other than by primary, by reason of the withdrawal, death, or disqualification of any candi date after nomination, may be filled by a substitute nomination made by such committee as is authorized by the rules and regulations of the party or body to make nominations in the event of vacancies on the party or body ticket.
(d) If the withdrawal, death, or disqualification of a candidate after nomination for any public office, except an office filled by a nonpartisan primary, would at the time of such event result in there being no candidate for that office on the ballot in the general election, then the vacancy ahall be filled by a special primary which shall be open only to the party of auch deceased or disqualified candidate and the office shall be filled by a special election as provided in Code Section 21-2-540.
(e) In the event a candidate withdraws, dies, or is disqualified after the nonpartisan primary but before the nonpartisan election, no special nonpartisan primary shall be held and the nonpartisan election shall be conducted in the following manner:
(1) If the vacancy occurs prior to 60 days before the general election, the nonpartisan election shall be held on the date of the November election. If no candidate receives a ma jority of the votes cast, a runoff shall be held on the date of the general election runoff. Upon actual knowledge of the withdrawal, death, or disqualification of a candidate, the Sec retary of State shall reopen qualifications for any state office and the election superinten dent shall reopen qualifications for any county office for a period of not less than one nor more than three days after notice has been published in a newspaper of appropriate circula tion. The names of candidates who qualify shall be placed on the nonpartisan election ballot in the arrangement and form prescribed by the Secretary of State or the election superin tendent but shall conform insofar as practicable with Code Section 21-2-285.1. The list of electors qualified to vote in the nonpartisan election shall be the same list as is used in the general election; and
(2) If the vacancy occurs within 60 days of the general election, the nonpartisan election shall be held on the date of the general election runoff. If no candidate receives a majority of the votes cast, a runoff shall be held on the fourteenth day after the election. Upon actual knowledge of the withdrawal, death, or disqualification of a candidate, the Secretary of State shall reopen qualifications for any state office and the election superintendent shall reopen qualifications for any county office for a period of not less than one nor more than three days. All candidates who qualify shall be placed on the nonpartisan ballot. The form of the ballot shall be as prescribed by the Secretary of State or the election superintendent. The list of electors qualified to vote in the nonpartisan election shall be the same list as used in the general election.
(f) Upon the making of any such substitute nomination, in the manner prescribed in subsection (b) or subsection (c) of this Code section, it shall be the duty of the chairman chairperson and secretary of the convention or committee making the nomination to file with the Secretary of State or with the superintendent, as the case may be, a nomination certificate which shall be signed by such chairman chairperson and secretary. Every such certificate of nomination shall be sworn to by the chairman chairperson and secretary before an officer qualified to administer oaths."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Marable of the 52nd moved that HB 376 be committed to the Senate Commit tee on Governmental Operations.

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JOURNAL OF THE SENATE

On the motion, the yeas were 34, nays 3; the motion prevailed, and HB 376 was com mitted to the Senate Committee on Governmental Operations.
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 1505. By Representatives Lane of the 146th, Dobbs of the 92nd, Buck of the 135th, Watson of the 139th, Powell of the 23rd and others:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to revise definitions; to provide for con ditions which create rebuttable presumptions with regard to the causation of ac cidents and injuries or deaths.

HB 1636. By Representative Davis of the 48th:
A bill to amend Article 13 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to the licensing of mortgage lenders and mortgage brokers, so as to provide for definitions; to revise and provide for exemptions from licensing and other requirements; to authorize the promulgation of rules and regulations.
The Calendar was resumed.

HB 1142. By Representatives Culbreth of the 132nd, Brooks of the 103rd and Hugley of the 133rd:
A bill to amend Code Section 33-24-44.1 of the Official Code of Georgia Anno tated, relating to the procedure for the cancellation of an insurance policy by an insured, so as to provide that an insurer, upon receiving a written request from an insured for cancellation of a policy, the insurer may waive the future date requirement by confirming the date and time of cancellation in writing to the insured.

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:

Balfour
Baugh Boshears Broun of 46th Brown of 26th

Guhl
Harbison Hemmer Henson Hm

"rtn C~rvD^or,loe.i,mts an Dean Edge Egan Farrow Glanton Gochenour

Hooks HIT_Ks..uaekmg, sgpoinns Langford of 29th Madden Marable McGuire Middleton Newbill

Oliver Perdue Pollard Ragan of llth Ragan of 32nd
Ralston RrRS.>.,l.aooybut-ii.nnson Starr Taylor Thomas Thompson Turner Tysinger

THURSDAY, FEBRUARY 10, 1994

597

Those not voting were Senators:

Abernathy Alien Blitch Bowen

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

Parrish Scott Walker

On the passage of the bill, the yeas were 46, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 1223. By Representatives Harris of the 112th, Parham of the 122nd and Powell of the 23rd:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to change the fee for issuance of a replacement license plate or revalidation decal by the local tag agent; to change the fee for issuance of a replacement title.
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 Boshears Broun of 46th Brown of 26th Burton Cheeks Coleman Crotts Day Dean Edge Egan Farrow Glanton

Gochenour Guhl Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable McGuire Middleton

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

Those not voting were Senators:

Abernathy Alien Blitch Bowen

Clay (excused) Gillis Langford of 35th (excused) Parrish

Scott Starr Tysinger

On the passage of the bill, the yeas were 45, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 1235. By Representatives Harris of the 112th, Parham of the 122nd and Powell of the 23rd:
A bill to amend Code Section 40-3-50 of the Official Code of Georgia Annotated, relating to perfection of security interests in motor vehicles, so as to provide for

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JOURNAL OF THE SENATE

perfection of a security interest by delivery of the title application to either the commissioner or the local tag agent in the county of the vehicle owner's residence.

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 Broun of 46th Brown of 26th Burton CChoeleemksan Crotts
Dean Edge Egan Farrow Gillis

Glanton Gochenour Guhl Harbison Hemmer Henson Hill HHuogogkisns Kemp
Langford of 29th Madden Marable McGuire Middleton

Newbill Oliver Pollard Ragan of llth Ragan of 32nd Ralston R R,, o;b.inson Slotln
Taylor Thomas Thompson Turner Walker

Those not voting were Senators:

Abernathy Alien Bowen Clay (excused)

Day Isakson Langford of 35th (excused) Parrish

Perdue Scott Starr Tysinger

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

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

Senator Cheeks of the 23rd gave notice that, at the proper time, he would move that the Senate reconsider its action on HB 1235.

HB 1256. 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; to provide for training as determined by the Georgia Coroner's Training Council in its rules and regulations.
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:

Alien Balfour

Baugh Blitch

Boshears Bowen

THURSDAY, FEBRUARY 10, 1994

599

Broun of 46th Brown of 26th Burton Coleman Crotts Dean Edge Egan Farrow Gillis Gochenour Guhl Harbison

Hemmer Henson Hill Hooks Huggins Kemp Langford of 29th Madden Marable McGuire Middleton Newbill Oliver

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

Those not voting were Senators:

Abernathy Cheeks Clay (excused) Day

Glanton Isakson Langford of 35th (excused) Parrish

Perdue Scott Walker

On the passage of the bill, the yeas were 45, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 1283. By Representatives Parrish of the 144th, Murphy of the 18th, Parham of the 122nd 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 change the time period for application to the Department of Public Safety for a replacement driver's license due to a change of the licensee's name or address.
Senate Sponsor: Senator Pollard of the 24th.

Senator Pollard of the 24th moved that HB 1283 be committed to the Senate Commit tee on Public Safety.
On the motion, the yeas were 40, nays 0; the motion prevailed, and HB 1283 was com mitted to the Senate Committee on Public Safety.

HB 1311. By Representatives Cox of the 160th, Royal of the 164th and Bates of the 179th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of the superior court, so as to change the terms of the Decatur County and Mitchell County Superior Courts.
Senate Sponsor: Senator Turner of the 8th.

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

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

Those voting in the affirmative were Senators:

Alien Balfour Baugh Blitch

Boshears Bowen Broun of 46th Brown of 26th

Burton Cheeks Coleman Crotts

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JOURNAL OF THE SENATE

Day Dean Edge Egan Farrow Gillis Guhl Harbison Hemmer Henson Hill

Hooks Huggins Kemp Langford of 29th Madden Marable McGuire Middleton Newbill Oliver Perdue

Those not voting were Senators:

Abernathy Clay (excused) Glanton Gochenour

Isakson Langford of 35th (excused) Parrish Scott

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

On the passage of the bill, the yeas were 45, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 1342. By Representatives Greene of the 158th, Colwell of the 7th, Coleman of the 142nd and others:
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 generally, and to amend Chapter 10 of Title 48 of the Official Code of Georgia Annotated, relat ing to motor vehicle license fees and plates, so as to provide for the issuance, at the option of the owner, of permanent license plates for trailers used as or in connection with a motor vehicle, truck, or tractor used as a common or contract carrier for hire.
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:

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

Farrow Glanton Gochenour Guhl Harbison Hemmer Henson Hill Hooks Huggins Kemp Langford of 29th Madden Marable McGuire Middleton

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

THURSDAY, FEBRUARY 10, 1994

601

Those not voting were Senators:

Abernathy Clay (excused) Gillis

Isakson Langford of 35th (excused) Parrish

Ray Scott

On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 1386. By Representative Parham of the 122nd:
A bill to amend Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to reporting of accidents and proof of financial responsibility, so as to require local law enforcement agencies to submit reports of all traffic accidents to the Department of Public Safety.
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:

Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton
Pl>VllicaoclKrQa
Coleman Crotts Day Dean Edge Egan Farrow

Glanton Gochenour Guhl Harbison Hemmer Henson Hill Hooks Huggins Kemp Langford of 29th Madden Marable McGuire 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:

Abernathy Clay (excused) Gillis

Isakson Langford of 35th (excused)

Parrish Scott

On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 1387. By Representative Parham of the 122nd: A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to increase the minimum amount of property

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JOURNAL OF THE SENATE

damage which must be present as a condition of a police investigation of a motor vehicle accident. 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:

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

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

Those not voting were Senators:

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

Abernathy Clay (excused)

Langford of 35th (excused) Scott Parrish

On the passage of the bill, the yeas were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1091. By Representative Jenkins of the 110th:
A bill to amend Article 3 of Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to membership in and contributions to the Judges of the Probate Courts Retirement Fund of Georgia, so as to authorize members who never joined the fund to join such fund or who withdrew from membership to rejoin the fund.
Senate Sponsor: Senator Thomas of the 10th.
The following Certification, as required by law, was read by the Secretary:

THURSDAY, FEBRUARY 10, 1994

603

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

October 28, 1993

Honorable Bill Cummings, Chairman Retirement Committee House of Representatives State Capitol, Room 402 Atlanta, Georgia 30334

Subject: Actuarial Investigation House Bill 1091 (LC 21 2461S) Judges of the Probate Courts Retirement Fund of Georgia

Dear Representative Cummings:

This bill provides that any judge of the probate court who failed to apply for member ship in the Judges of the Probate Courts Retirement Fund within 12 months of employment may apply to the fund and receive credit for services retroactive to the date of the com mencement of the service. Service credit must be obtained by June 30, 1995. Current provi sions allow judges who do not apply to the fund within 12 months to apply to the fund at any time but they are not entitled to claim or receive credit toward retirement for any time served prior to the date of application.

The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actu arial assumptions and methods.

(1) The amount of unfunded actuarial accrued liability which will re

sult from the bill.

$

594,000

(2) The amount of annual normal cost which will result from the bill. $

0

(3) The employer contribution rate currently in effect.

5% of salary up to $25,000,
20% of marriage license fees, and a certain percentage of fines and forfeitures

5% of salary

up to $25,000,

20% of

marriage

license fees,

and a certain

percentage of

(4) The employer contribution rate recommended (in conformity with

fines and

minimum funding standards specified in Code Section 47-20-10).

forfeitures

(5) The dollar amount of the increase in the annual employer contri

bution which is necessary to maintain the retirement system in an

actuarially sound condition.

$

0

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JOURNAL OF THE SENATE

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.
Sincerely,
Is/ Claude L. Vickers State Auditor
The Segal Company 1000 Parkwood Circle
Suite 200 Atlanta, Georgia FAX 404-955-0011
September 2, 1993
Honorable Claude L. Vickers, State Auditor Department of Audits 254 Washington Street, Room 214 Atlanta, GA 30334
Re: Actuarial Investigation - House Bill 1091 LC 21 2461S
Dear Mr. Vickers:
As requested, we have completed an actuarial investigation of the impact of House Bill 1091 LC 21 2461S on the Judges of the Probate Courts Retirement Fund in accordance with the requirements of Code Section 47-20-36.
This bill would allow certain judges of the Probate Courts to obtain service credits for prior service.
The cost of this proposed legislation would be zero in the first year. The increase in unfunded actuarial accrued liability would be $723,000.
The following table reflects the unfunded actuarial accrued liability and recommended employer contribution before and after the proposed legislation. The recommended em ployer contribution rate is in conformity with all minimum funding standards specified by Code Section 47-20-10. All amounts are in $ thousands.

Unfunded Actuarial Accrued Liability
Annual Contribution Normal Cost Accrued Liability
Employer Contribution Rate Currently in Effect
Employer Contribution Rate Recommended Due to Minimum Funding Standards

Before

After

Increase Due

Legislation Legislation to Legislation

(12,088)

(11,494)

594

675

675

0

902

902

0

9,824

10,547

723

**

**

0

see concluding paragraph

**The contribution rate in effect is as follows: (a) 5% of salary up to $25,000 (b) 20% of marriage license fees (c) A certain percentage (as stated by law) of fines and forfeitures Currently, the actuarial value of assets exceeds 150 percent of the Present Value of

THURSDAY, FEBRUARY 10, 1994

605

Accumulated Benefits (PVAB). If this bill becomes law, assets would still exceed 150 per cent of the PVAB. Therefore, the Plan would continue to satisfy the funding requirements of the Georgia Public Retirement Systems Standards Law and there would be no need for increased employer contributions.
Sincerely,
is/ Thomas S. Tredway, A.S.A., E.A.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Balfour Baugh Blitch Boshears

Egan Gillis Guhl Harbison Hemmer

Bnroun o-f 4, f6l*thu BBruorwtonn of 26th Cheeks Coleman
Crotts Day Dean Edge

Hill HHouogkgsins Isakson Kemp
Langford of 29th Madden Marable McGuire

Middleton Oliver Perdue Pollard Ragan of llth
R "loyt..ln starr Taylor
Thomas Turner Tysinger Walker

Those voting in the negative were Senators:

Farrow Glanton

Gochenour Newbill

Ragan of 32nd

Those not voting were Senators:

Abernathy

Parrish

Clay (excused)

Robinson

Langford of 35th (excused)

Scott Thompson

On the passage of the bill, the yeas were 44, nays 5.
The bill, having received the requisite constitutional majority, was passed.
SB 401. By Senator Dean of the 31st: A bill to amend Code Section 40-6-226 of the Official Code of Georgia Annotated, relating to offenses and penalties relating to handicapped parking, so as to pro vide that vehicles bearing license plates designating military veterans awarded the Purple Heart shall be accorded handicapped parking privileges.
Senators Edge of the 28th and Harbison of the 15th offered the following amendment:
Amend SB 401 by adding the following on page 1 line 25 after "40-2-84" and on page 2 line 6 after "40-2-84" "and a person occupying said vehicle is a recipient of the Purple Heart Award and said person by reason of injury or other incapacity or disability has a significant loss or impairment of mobility."

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JOURNAL OF THE SENATE

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:

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

Gochenour Guhl Harbison Hemmer Henson
Hil1 Hooks Huggins Isakson Kemp Langford of 29th Madden Marable McGuire Middleton Newbill Oliver

Parrish Perdue Pollard Ragan of llth Ragan of 32nd
Ralston p Robinson c P" hlotm Starr Taylor Thomas Thompson Turner Tysinger

Voting in the negative was Senator Egan.

Those not voting were Senators:

Abernathy Clay (excused)

Farrow Langford of 35th (excused)

Walker

On the passage of the bill, the yeas were 50, nays 1. The bill, having received the requisite constitutional majority, was passed as amended. The following resolution of the Senate was read and put upon its adoption:

SR 501. By Senators Robinson of the 16th, Ray of the 19th and Scott of the 36th:
A resolution relative to adjournment of the General Assembly on Friday, Febru ary 11, and reconvening Monday, February 14, 1994.

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:

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

Cheeks Coleman Crotts Day Dean Edge Farrow Gillis Glanton

Gochenour Guhl Harbison Hemmer Hill Hooks Huggins Isakson Kemp

THURSDAY, FEBRUARY 10, 1994

607

Langford of 29th Madden Marable MMcidGduleirteon
Newbill
Oliver
Parrish

Perdue Pollard Ragan of llth RRaaglsatnonof 32nd
Ray
Robinson
Scott

Slotin Taylor Thomas rTTMho_m_pson
Turner
Tysinger
Walker

Voting in the negative was Senator Egan.

Those not voting were Senators:

Abernathy Clay (excused)

Henson Langford of 35th (excused)

Starr

On the adoption of the resolution, the yeas were 50, nays 1.
The resolution, having received the requisite constitutional majority, was adopted.
The Calendar was resumed.
SB 474. By Senators Harbison of the 15th, Robinson of the 16th, Ray of the 19th and Scott of the 36th:
A bill to amend Part 2 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to possession of dangerous weapons, so as to pro hibit the possession of a certain trigger device; to provide a definition; to provide a penalty; to provide exceptions; to prohibit the sale of hellflre switches.
The Senate Judiciary Committee offered the following substitute to SB 474:
A BILL
To be entitled an Act to amend Part 2 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to possession of dangerous weapons, so as to prohibit the possession of a certain trigger device; to provide a definition; to provide a pen alty; to provide exceptions; to prohibit the sale of multi-burst trigger activator devices; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 2 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to possession of dangerous weapons, is amended by striking said part in its entirety and inserting in lieu thereof a new Part 2 to read as follows:
"Part 2
16-11-120. This part shall be known and may be cited as the 'Georgia Firearms and Weapons Act.'
16-11-121. As used in this part, the term:
(1) 'Dangerous weapon' means any weapon commonly known as a 'rocket launcher,' 'bazooka,' or 'recoilless rifle' which fires explosive or nonexplosive rockets designed to injure or kill personnel or destroy heavy armor, or similar weapon used for such purpose. The term shall also mean a weapon commonly known as a 'mortar' which fires high explosive from a metallic cylinder and which is commonly used by the armed forces as an antipersonnel weapon or similar weapon used for such purpose. The term shall also mean a weapon com monly known as a 'hand grenade' or other similar weapon which is designed to explode and injure personnel or similar weapon used for such purpose.

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JOURNAL OF THE SENATE

(2) 'Machine gun' means any weapon which shoots or is designed to shoot, automati cally, more than six shots, without manual reloading, by a single function of the trigger.
(2.1) 'Multi-burst trigger activator device' means any trigger device including any electricardevice or switch designed or intended to change any semiautomatic firearm from stan dard-pull trigger firing to rapid or multiple firing of such firearm. The term shall include any device commonly known as 'Hell-Fire' or 'Intens-A-Fire.'
(3) 'Person' means any individual, partnership, company, association, or corporation.
(4) 'Sawed-off rifle' means a weapon designed or redesigned, made or remade, and in tended to be fired from the shoulder; and designed or redesigned, made or remade, to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifle bore for each single pull of the trigger; and which has a barrel or barrels of less than 16 inches in length or has an overall length of less than 26 inches.
(5) 'Sawed-off shotgun' means a shotgun or any weapon made from a shotgun whether by alteration, modification, or otherwise having one or more barrels less than 18 inches in length or if such weapon as modified has an overall length of less than 26 inches.
(6) 'Shotgun' means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder; and designed or redesigned, and made or remade, to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a num ber of ball shot or a single projectile for each single pull of the trigger.
(7) 'Silencer' means any device for silencing or diminishing the report of any portable weapon such as a rifle, carbine, pistol, revolver, machine gun, shotgun, fowling piece, or other device from which a shot, bullet, or projectile may be discharged by an explosive.
16-11-122. No person shall have in his or her possession any sawed-off shotgun, sawedoff rifle, machine gun, dangerous weapon, multi-burst trigger activator device, or silencer except as provided in Code Section 16-11-124!
16-11-123. A person commits the offense of unlawful possession of firearms or weapons when he or she knowingly has in his or her possession any sawed-off shotgun, sawed-off rifle, machine gun^ dangerous weapon, multi-burst trigger activator device, or silencer, and, upon conviction thereof, he or she shall be punished by imprisonment for not less than one nor more than five years.
16-11-124. This part shall not apply to:
(1) A peace officer of any duly authorized police agency of this state or of any political subdivision thereof, or a law enforcement officer of any department or agency of the United States who is regularly employed and paid by the United States, this state, or any such political subdivision, or an employee of the Department of Corrections of this state who is authorized in writing by the commissioner of corrections to transfer or possess such firearms while in the official performance of his or her duties;
(2) A member of the National Guard or of the armed forces of the United States to wit: the army, navy, marine corps, air force, or coast guard who, while serving therein, possesses such firearm in the line of duty;
(3) Any sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon, multi-burst trigger activator device, or silencer which has been modified or changed to the extent that it is inoperative. Examples of the requisite modification include weapons with their barrel or barrels filled with lead, hand grenades filled with sand, or other nonexplosive materials; and
(4) Possession of a sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon, multi-burst trigger activator device, or silencer by a person who is authorized to possess the same because he or she has registered the sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon, or silencer in accordance with the dictates of the National Firearms Act, 68A Stat. 725 (26 U.S.C. Sections 5841-5862).
16-11-125. In any complaint, accusation, or indictment and in any action or proceeding

THURSDAY, FEBRUARY 10, 1994

609

brought for the enforcement of this part it shall not be necessary to negative any exception, excuse, proviso, or exemption contained in this part, and the burden of proof of any such exception, excuse, proviso, or exemption shall be upon the defendant.
16-11-126. It shall be unlawful for any person, firm, corporation, association, or partner ship to offer for sale in this state at retail or wholesale any multi-burst trigger activator device."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 44, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Coleman Crotts Day Dean Edge Egan Farrow Gillis

Glanton Gochenour Guhl Harbison Hemmer Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable McGuire Middleton Newbill Oliver

Voting in the negative was Senator Baugh.

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 Clay (excused)

Henson

Langford of 35th (excused)

On the passage of the bill, the yeas were 51, nays 1.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Ray of the 19th moved that the Senate do now adjourn until 9:00 A.M. to morrow; the motion prevailed, and the President announced the Senate adjourned at 3:50 P.M.

610

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Friday, February 11, 1994 Twentieth Legislative Day

The Senate met pursuant to adjournment at 9:00 A.M. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct.
Senator Cheeks of the 23rd moved that the Senate reconsider its action in passing the following bill of the House:

HB 1235. By Representatives Harris of the 112th, Parham of the 122nd and Powell of the 23rd:
A bill to amend Code Section 40-3-50 of the Official Code of Georgia Annotated, relating to perfection of security interests in motor vehicles, so as to provide for perfection of a security interest by delivery of the title application to either the commissioner or the local tag agent in the county of the vehicle owner's residence.

On the motion by Senator Cheeks of the 23rd, the President called for a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Boshears Brown of 26th Cheeks
GnGolacnihteonnour
Harbison Hemmer Henson

Huggins Isakson Langford of 29th Madden M,M,M,,.caid,Gr._,ad, ,ublei.lreteon Newbill Oliver Pollard

Ragan of llth Ragan of 32nd Ralston Ray ~TSS0 lat, oaytrl,ironr Thomas Turner Tysinger

Those not voting were Senators:

Abernathy Alien Balfour
BBBohfwtc.e^hn Broun of 46th Burton Clay

Coleman Crotts Day
D.E,de,a*ne Glllls Hill Hooks

Kemp Langford of 35th Parrish
PRDeorb,di.uneson Scott Thompson Walker

On the motion, the yeas were 31, nays 0; the motion prevailed, and HB 1235 was reconsidered.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:

FRIDAY, FEBRUARY 11, 1994

611

Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 828. By Representatives Cauthorn of the 35th, Bostick of the 165th, Barnes of the 33rd, Groover of the 125th, Towery of the 30th and others:
A bill to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide for discovery and inspection in criminal cases; to provide for disclosure of evidence by the prosecution and defendants.
HB 1688. By Representative Greene of the 158th:
A bill to amend an Act reconstituting the Board of Education of Clay County, so as to change the provisions relating to the qualifications of members of the board; to change the provisions relating to compensation.
HB 1691. By Representatives Greene of the 158th and Cox of the 160th:
A bill to amend an Act reconstituting the Board of Education of Early County, so as to change the provisions relating to the qualifications of members of the board of education.
HB 1692. By Representative Parrish of the 144th:
A bill to amend an Act to fix the compensation of the members of the Board of Education of Johnson County, so as to change the compensation of the chairman of such boards.
HB 1711. By Representatives Bostick of the 165th and Hudson of the 156th:
A bill to amend an Act providing for the Tift County Board of Education, so as to provide for the composition of the education districts.
HB 1712. By Representatives Bostick of the 165th and Hudson of the 156th:
A bill to amend an Act creating the board of commissioners of Tift County, so as to change the composition of commissioner districts from which members of the board are elected.
HB 1613. By Representatives Bates of the 179th, Yeargin of the 90th, Watts of the 26th, Lane of the 55th and Mobley of the 86th:
A bill to amend Code Section 48-13-6 of the Official Code of Georgia Annotated, relating to the levy of occupation tax by counties and municipalities, and Code Section 48-13-16 of the Official Code of Georgia Annotated, relating to businesses or practitioners of occupations exempt from occupation taxes of local govern ments, so as to clarify that certain businesses and occupations are not subject to the provisions of Article 1 of Chapter 13 of Title 48, but remain subject to taxa tion under other provisions of general law and municipal charters.
HB 1502. By Representatives Baker of the 70th, Hammond of the 32nd, Cauthorn of the 35th, Simpson of the 101st, Campbell of the 42nd and others:
A bill to amend Part 3 of Article 16 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to registration of businesses using trade names, so as to exempt limited liability companies doing business under their limited liabil ity company names from the provisions of such part.

612

JOURNAL OF THE SENATE

HB 1209. By Representatives Dobbs of the 92nd, Twiggs of the 8th, Colwell of the 7th, Sherrill of the 62nd, Lane of the 146th and others: A bill to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to the carrying and possession of firearms, so as to add state and federal appellate judges to the list of persons exempt from certain provisions of law relating to carrying weapons at school functions or on school property and relating to the possession and carrying of firearms.
HB 1220. By Representatives Hughes of the 19th, Streat of the 167th, Coleman of the 142nd and Lane of the 146th: 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 that a person commits criminal trespass by entering the posted land of another; to amend Chapter 1 of Title 44 of the Official Code of Georgia Annotated, relat ing to property, so as to provide methods of posting notice not to enter or remain upon land.
HB 929. By Representatives Godbee of the 145th and O'Neal of the 75th: A bill to amend Part 1A of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, the "Nonpublic Postsecondary Educational Institutions Act of 1990," so as to change the provisions relating to definitions; to change the exemption provisions; to change the representation upon the Nonpublic Postsecondary Education Commission and qualifications therefor.
The House has adopted by the requisite constitutional majority the following resolu tions of the House and Senate:
HR 814. By Representatives Childers of the 13th, Perry of the llth and Smith of the 12th: A resolution authorizing the conveyance of certain state owned real property lo cated in Floyd County, Georgia.
HR 816. By Representatives Smith of the 174th, Tillman of the 173rd and Smith of the 169th: A resolution authorizing the conveyance of certain state owned real property lo cated in Glynn County, Georgia.
HR 817. By Representatives Smith of the 174th, Tillman of the 173rd and Smith of the 169th: A resolution authorizing the conveyance of certain state owned real property lo cated in Glynn County, Georgia.
HR 818. By Representatives Shipp of the 38th, Clark of the 40th, Vaughan of the 34th, Klein of the 39th, Atkins of the 29th and others: A resolution authorizing the leasing of certain real property owned by the State of Georgia in Cobb County, Georgia.
HR 819. By Representatives Dixon of the 150th and Mueller of the 152nd: A resolution authorizing the leasing of certain real property owned by the State of Georgia in Chatham County, Georgia.
HR 823. By Representative Godbee of the 145th: A resolution authorizing the conveyance of certain state owned real property lo cated in Jenkins County, Georgia.

FRIDAY, FEBRUARY 11, 1994

613

HR 842. By Representatives Purcell of the 147th and Oliver of the 154th:
A resolution authorizing the leasing of certain state owned real property in Bryan County.
HR 859. By Representatives Twiggs of the 8th and Colwell of the 7th:
A resolution authorizing the leasing of certain real property owned by the State of Georgia in Rabun County.
HR 861. By Representatives Twiggs of the 8th and Colwell of the 7th:
A resolution authorizing the leasing of certain real property owned by the State of Georgia in Rabun County.
HR 815. By Representatives Birdsong of the 123rd, Barfoot of the 155th, Bargeron of the 120th, Padgett of the 119th, Smith of the 175th and others:
A resolution expressing appreciation to Georgia's World War II veterans for their sacrifice and devotion to their country to protect and preserve the freedoms that we enjoy today; to authorize a study of the possibility of erecting a monument in honor of Georgia's World War II veterans.
HR 860. By Representatives Buckner of the 95th and Chanell of the lllth:
A resolution urging the Department of Natural Resources to develop and dissem inate to the public information relating to special hunts to reduce localized over population of deer.
SR 501. By Senators Robinson of the 16th, Ray of the 19th and Scott of the 36th:
A resolution relative to adjournment.
The House has passed, by substitute, by the requisite constitutional majority, the fol lowing bill of the Senate:
SB 414. By Senators Robinson of the 16th, Ray of the 19th, Edge of the 28th, Walker of the 22nd and Hooks of the 14th:
A bill to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions relating to professions and businesses, so as to ex empt certain persons from licensure, registration, and certification requirements who are in the state for a limited purpose relating to "The Games of the XXVIth Olympiad" and "The Games of the Xth Paralympiad" scheduled to be held in Georgia in 1996.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 624. By Senators Balfour of the 9th, Day of the 48th, Tysinger of the 41st and others:
A bill to amend Chapter 4 of Title 6 of the Official Code of Georgia Annotated, the "Georgia Airport Development Authority Law," so as to provide that such authority may not acquire public property without the consent of the governing authority of the political subdivision in which such property is located; to change the membership of such authority; to change certain provisions relating to the issuance of revenue bonds. Referred to Committee on Transportation.

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SB 625. By Senators Thomas of the 10th, Edge of the 28th and Walker of the 22nd:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to provide that certain health care providers shall be afforded the opportunity for inclusion in accident and sickness benefit plans; to repeal conflicting provisions; to provide for legislative intent; to provide a definition; to authorize the Commissioner of Insurance to promulgate rules and regulations concerning the publication of criteria.
Referred to Committee on Health and Human Services.
SB 626. By Senators Robinson of the 16th, Ray of the 19th, Gillis of the 20th and Hooks of the 14th:
A bill to amend Article 4 of Chapter 3 of Title 22 of the Official Code of Georgia Annotated, relating to the exercise of the power of eminent domain for construc tion and operation of petroleum and gas pipelines, so as to provide for legislative findings; to create the Petroleum Pipeline Study Committee to study the need for statutory land use controls or restrictions related to the siting and regulation of petroleum pipelines; to provide for the abolishment of the study committee on January 1, 1995.
Referred to Committee on Judiciary.
SB 627. By Senators Ray of the 19th, Walker of the 22nd, Robinson of the 16th and others:
A bill to amend Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to state health planning, so as to change the functions of the Health Planning Agency; to provide for the inapplicability of a certain plan and certain rules to certain certificate of need applications; to change the composition of the Health Planning Review Board; to provide for qualifications, terms, and compen sation of the members of such board.
Referred to Committee on Health and Human Services.
SR 499. By Senators Balfour of the 9th, Day of the 48th, Tysinger of the 41st and others:
A resolution urging the Georgia Department of Transportation to withdraw the plan to locate an airport in Gwinnett County.
Referred to Committee on Transportation.
SR 500. By Senators Farrow of the 54th and Huggins of the 53rd:
A resolution authorizing the conveyance of certain state owned real property lo cated in Whitfield County, Georgia; to provide an effective date.
Referred to Committee on Finance and Public Utilities.
SR 502. By Senators Hooks of the 14th, Gillis of the 20th, Broun of the 46th and Robin son of the 16th:
A resolution designating the present or any subsequently built bridge across the Flint River as the Garland T. Byrd Bridge.
Referred to Committee on Transportation.

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615

The following bills and resolutions of the House were read the first time and referred to committees:
HB 828. By Representatives Cauthorn of the 35th, Bostick of the 165th, Barnes of the 33rd and others:
A bill to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide for discovery and inspection in criminal cases; to provide for disclosure of evidence by the prosecution and defendants. Referred to Committee on Judiciary.
HB 929. By Representatives Godbee of the 145th and O'Neal of the 75th:
A bill to amend Part 1A of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, the "Nonpublic Postsecondary Educational Institutions Act of 1990," so as to change the provisions relating to definitions; to change the exemption provisions; to change the representation upon the Nonpublic Postsecondary Education Commission and qualifications therefor. Referred to Committee on Higher Education.
HB 1209. By Representatives Dobbs of the 92nd, Twiggs of the 8th, Colwell of the 7th and others:
A bill to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to the carrying and possession of firearms, so as to add state and federal appellate judges to the list of persons exempt from certain provisions of law relating to carrying weapons at school functions or on school property and relating to the possession and carrying of firearms. Referred to Committee on Public Safety.
HB 1220. By Representatives Hughes of the 19th, Street of the 167th, Coleman of the 142nd and Lane of the 146th:
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 that a person commits criminal trespass by entering the posted land of another; to amend Chapter 1 of Title 44 of the Official Code of Georgia Annotated, relat ing to property, so as to provide methods of posting notice not to enter or remain upon land. Referred to Committee on Judiciary.
HB 1502. By Representatives Baker of the 70th, Hammond of the 32nd, Cauthorn of the 35th and others:
A bill to amend Part 3 of Article 16 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to registration of businesses using trade names, so as to exempt limited liability companies doing business under their limited liabil ity company names from the provisions of such part. Referred to Committee on Judiciary.
HB 1505. By Representatives Lane of the 146th, Dobbs of the 92nd, Buck of the 135th and others:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to revise definitions; to provide for con ditions which create rebuttable presumptions with regard to the causation of ac cidents and injuries or deaths. Referred to Committee on Insurance and Labor.

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HB 1613. By Representatives Bates of the 179th, Yeargin of the 90th, Watts of the 26th and others: A bill to amend Code Section 48-13-6 of the Official Code of Georgia Annotated, relating to the levy of occupation tax by counties and municipalities, and Code Section 48-13-16 of the Official Code of Georgia Annotated, relating to businesses or practitioners of occupations exempt from occupation taxes of local govern ments, so as to clarify that certain businesses and occupations are not subject to the provisions of Article 1 of Chapter 13 of Title 48, but remain subject to taxa tion under other provisions of general law and municipal charters.
Referred to Committee on Finance and Public Utilities.
HB 1636. By Representative Davis of the 48th: A bill to amend Article 13 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to the licensing of mortgage lenders and mortgage brokers, so as to provide for definitions; to revise and provide for exemptions from licensing and other requirements; to authorize the promulgation of rules and regulations.
Referred to Committee on Banking and Financial Institutions.
HB 1688. By Representative Greene of the 158th: A bill to amend an Act reconstituting the Board of Education of Clay County, so as to change the provisions relating to the qualifications of members of the board; to change the provisions relating to compensation.
Referred to Committee on Urban and County Affairs.
HB 1691. By Representatives Greene of the 158th and Cox of the 160th: A bill to amend an Act reconstituting the Board of Education of Early County, BO as to change the provisions relating to the qualifications of members of the board of education.
Referred to Committee on Urban and County Affairs.
HB 1692. By Representative Parrish of the 144th: A bill to amend an Act to fix the compensation of the members of the Board of Education of Johnson County, so as to change the compensation of the chairman of such boards.
Referred to Committee on Urban and County Affairs.
HB 1711. By Representatives Bostick of the 165th and Hudson of the 156th: A bill to amend an Act providing for the Tift County Board of Education, so as to provide for the composition of the education districts.
Referred to Committee on Urban and County Affairs.
HB 1712. By Representatives Bostick of the 165th and Hudson of the 156th: A bill to amend an Act creating the board of commissioners of Tift County, so as to change the composition of commissioner districts from which members of the board are elected.
Referred to Committee on Urban and County Affairs.
HR 814. By Representatives Childers of the 13th, Perry of the llth and Smith of the 12th: A resolution authorizing the conveyance of certain state owned real property lo cated in Floyd County, Georgia.
Referred to Committee on Finance and Public Utilities.

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617

HR 815. By Representatives Birdsong of the 123rd, Barfoot of the 155th, Bargeron of the 120th and others: A resolution expressing appreciation to Georgia's World War II veterans for their sacrifice and devotion to their country to protect and preserve the freedoms that we enjoy today; to authorize a study of the possibility of erecting a monument in honor of Georgia's World War II veterans.
Referred to Committee on Rules.
HR 816. By Representatives Smith of the 174th, Tillman of the 173rd and Smith of the 169th: A resolution authorizing the conveyance of certain state owned real property lo cated in Glynn County, Georgia.
Referred to Committee on Finance and Public Utilities.
HR 817. By Representatives Smith of the 174th, Tillman of the 173rd and Smith of the 169th: A resolution authorizing the conveyance of certain state owned real property lo cated in Glynn County, Georgia.
Referred to Committee on Finance and Public Utilities.
HR 818. By Representative Shipp of the 38th: A resolution authorizing the leasing of certain real property owned by the State of Georgia in Cobb County, Georgia.
Referred to Committee on Finance and Public Utilities.
HR 819. By Representatives Dixon of the 150th and Mueller of the 152nd: A resolution authorizing the leasing of certain real property owned by the State of Georgia in Chatham County, Georgia.
Referred to Committee on Finance and Public Utilities.
HR 823. By Representative Godbee of the 145th: A resolution authorizing the conveyance of certain state owned real property lo cated in Jenkins County, Georgia.
Referred to Committee on Finance and Public Utilities.
HR 842. By Representatives Purcell of the 147th and Oliver of the 154th: A resolution authorizing the leasing of certain state owned real property in Bryan County.
Referred to Committee on Finance and Public Utilities.
HR 859. By Representatives Twiggs of the 8th and Colwell of the 7th: A resolution authorizing the leasing of certain real property owned by the State of Georgia in Rabun County.
Referred to Committee on Finance and Public Utilities.
HR 861. By Representatives Twiggs of the 8th and Colwell of the 7th: A resolution authorizing the leasing of certain real property owned by the State of Georgia in Rabun County.
Referred to Committee on Finance and Public Utilities.
The following committee reports were read by the Secretary:

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JOURNAL OF THE SENATE

Mr. President:

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

SB 539. Do pass.

HB 1363. Do pass.

SR 385. Do pass.

HB 1368. Do pass.

HB 565. Do pass.

HB 1369. Do pass.

HB 567. Do pass.

HB 1388. Do pass.

HB 674. Do pass by substitute.

HB 1455. Do pass as amended.

HB 1214. Do pass.

HB 1561. Do pass.

HB 1361. Do pass.

HR 744. Do pass.

Respectfully submitted,

Senator Starr of the 44th District, Chairman

Mr. President:

The Committee on Governmental Operations has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 295. Do pass by substitute. HB 297. Do pass by substitute. HB 304. Do pass by substitute.
Respectfully submitted,
Senator Alien of the 2nd District, Chairman

Mr. President:

The Committee on Health and Human Services has had under consideration the follow ing bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 299. Do pass. SB 434. Do pass.
Respectfully submitted,
Senator Walker of the 22nd District, Chairman

Mr. President:

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

SB 82. Do pass by substitute.

HB 632. Do pass.

SB 377. Do pass by substitute.

HB 685. Do pass.

SB 583. Do pass.

HB 1383. Do pass.

HB 147. Do pass.

Respectfully submitted,

Senator Huggins of the 53rd District, Chairman

FRIDAY, FEBRUARY 11, 1994

619

Mr. President:

The Committee on Rules has had under consideration the following bills and resolu tions of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SR 482. Do pass. SR 494. Do pass. SB 444. Do pass.
Respectfully submitted,
Senator Scott of the 36th 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 1447. Do pass. HB 1638. Do pass. HB 1652. 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 and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 500. Do pass.

HB 1451. Do pass.

SB 570. Do pass.

HB 1452. Do pass.

HB 641. Do pass.

HR 215. Do pass.

Respectfully submitted,

Senator Thompson of the 33rd District, Chairman

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

SB 486 SB 533 SB 548 SB 568 SR 461 HB 1281

SB 498 SB 535 SB 549 SB 572 HB 1215 HB 1298

SB 517 SB 540 SB 557 SR 409 HB 1277

Senator Ragan of the 32nd moved that Senator Clay of the 37th be excused from the Senate today due to the death of his father.

On the motion, the yeas were 42, nays 0; the motion prevailed, and Senator Clay of the 37th was excused.

Senator Scott of the 36th moved that Senator Langford of the 35th be excused from the Senate today due to illness.

On the motion, the yeas were 41, nays 0; the motion prevailed, and Senator Langford of the 35th was excused.

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JOURNAL OF THE SENATE

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

Baugh Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Crotts Dean Edge Farrow Gillis Glanton Gochenour Guhl

Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable McGuire Middleton Newbill Parrish

Those not answering were Senators:

Abernathy Alien Balfour Blitch

Clay (excused) Coleman Day Egan

Perdue Pollard Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker
Langford of 35th (excused) Oliver Ragan of llth

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Madden of the 47th introduced the chaplain of the day, Reverend Gary Purvis, pastor of Dewy Rose Baptist Church, Dewy Rose, Georgia, who offered scripture reading and prayer.
The following resolutions were read and adopted:
SR 496. By Senator Dean of the 31st: A resolution recognizing Mr. Lloyd H. Gray, Sr.
SR 497. By Senator Dean of the 31st: A resolution recognizing and expressing appreciation to the Elders of the Bremen Church of Christ.
SR 498. By Senator Dean of the 31st: A resolution recognizing the 112th anniversary of the Dallas New Era newspaper.
SR 503. By Senator Broun of the 46th: A resolution commending and recognizing the 1993 University of Georgia gym nastics team.

FRIDAY, FEBRUARY 11, 1994

621

SR 504. By Senator Madden of the 47th: A resolution commending Mrs. Jennie V. Williams on her 104th birthday.
The following resolutions, favorably reported by the committee, were put upon their adoption:
SR 494. By Senators Scott of the 36th, Robinson of the 16th, Ray of the 19th and others: A resolution amending the Rules of the Senate to change membership numbers of the standing committees.
On the adoption of SR 494, the yeas were 37, nays 0, and the resolution was adopted.
SR 482. By Senators Scott of the 36th, Robinson of the 16th, Ray of the 19th and others: A resolution amending the Rules of the Senate with respect to decorum during sessions of the Senate.
On the adoption of SR 482, the yeas were 38, nays 0, and the resolution was adopted.
The following local, uncontested bills of the House, favorably reported by the commit tee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR Friday, February 11, 1994
TWENTIETH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
HB 1447 Burton, 5th Balfour, 9th Tysinger, 41st Day, 48th Newbill, 56th GWINNETT COUNTY Amends an Act to continue and re-create the State Court of Gwinnett County, so as to strike certain provisions relating to demand for trial.
HB 1638 Langford, 29th CITY OF FRANKLIN/HEARD COUNTY Amends an Act creating the Franklin-Heard County Water Authority, so as to change the qualifications for members of the authority; to provide that a majority of the members of the authority shall be users of the facilities of the authority.
HB 1652 Perdue, 18th CITY OF WARNER ROBINS Provides a homestead exemption from all City of Warner Robins ad valorem taxes for any city purposes, including but not limited to taxes to retire bonded indebtedness in the amount of $8,000.00 of the assessed value of the homestead for certain persons who have been residents of the City of Warner Robins for at least the immediately preceding five years and who are 62 years of age or over in 1994.
The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.

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JOURNAL OF THE SENATE

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

Those voting in the affirmative were Senators:

Balfour Baugh Boshears Bowen Broun of 46th Brown of 26th
^rt?n ^neeKs CPCjjI orolet,,tms an Dean
Egan Farrow Gillis Glanton

Gochenour Guhl Harbison
Hemmer Henson Hm
Hooks Huggins ITsak, son Kemp Langford of 29th Madden Marable McGuire Middleton Newbill

Oliver Parrish Perdue
Ragan of llth Ragan of 32nd Ralston
Ray Robinson S0 co,t,t Slotm Starr Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Alien Blitch

Clay (excused) Langford of 35th (excused)

Pollard Taylor

On the passage of all the local bills, the yeas were 49, nays 0.
All the bills on the Senate Local Consent Calendar, having received the requisite consti tutional majority, were passed.
SENATE RULES CALENDAR
Friday, February 11, 1994
TWENTIETH LEGISLATIVE DAY
SB 473 Local Boards of Education--medical, dental insurance (Ed--42nd) SB 606 Clean Water Week--third week in October each year (Nat R--49th) SB 592 Honorary Hunting, Fishing License--totally disabled (Nat R--20th) SB 565 Patient Self-referral Act of 1993--definitions, provisions (Substitute)
(H&HS-- 39th) SB 492 Child Abuse Protocol--judicial circuits adopt (YA&HE--33rd) SB 543 Department of Transportation--county certify using tax proceeds for roads,
bridges (Substitute) (Trans--21st) SB 484 Books Purchased With State Funds--property of local units of administration
(Ed-- 23rd) SB 55 State Officers, Employees--conditions to engage in political activities (Gov
Op-- 2nd) SB 554 School Personnel--certain refusals not grounds for termination (Ed--56th) SB 494 Law Enforcement Training--include child abuse crimes (Substitute) (Amend
ment) (Pub Saf--33rd) SR 453 T.P. Ramsey Bridge--designate (Trans--54th)

FRIDAY, FEBRUARY 11, 1994

623

SR 473 Centralized Emissions Testing--urge delay of implementation of program (Nat R--28th)
SB 493 State Children's Trust Fund & Commission--establish (Substitute) (YA&HE--33rd)
HB 1372 Department of Natural Resources--subleases of marinas, certain lakes (Nat R--47th) Yeargin--90th
Respectfully submitted,
/s/ Scott of the 36th, Chairman Senate Rules Committee
The following general bills were read the third time and put upon their passage:

SB 473. By Senator Oliver of the 42nd:
A bill to amend Code Section 20-2-55 of the Official Code of Georgia Annotated, relating to per diem and expenses of members of local boards of education, so as to change the provisions relating to medical and dental insurance for such mem bers and their spouses and dependents.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
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 Bowen Broun of 46th Brown of 26th Burton Cheeks Coleman Crotts Day Dean Edge Egan Gillis Guhl

Harbison Hemmer Henson Hill Hooks Isakson Kemp Langford of 29th Madden Marable Middleton Oliver Parrish Perdue Pollard

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

Those voting in the negative were Senators:

Balfour Farrow Glanton

Gochenour Huggins

McGuire Newbill

Those not voting were Senators:

Abernathy Alien

Blitch Clay (excused)

Langford of 35th (excused)

On the passage of the bill, the yeas were 44, nays 7.

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JOURNAL OF THE SENATE

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

SB 606. By Senators Hemmer of the 49th, Hooks of the 14th, Edge of the 28th and others:
A bill to amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to provide a statement of purpose; to designate and observe the third week in October of each year as "Clean Water Week" in Georgia.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Baugh Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Coleman Crotts Day Dean Edge Egan Farrow Gillis Glanton

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

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

Those not voting were Senators:

Abernathy Alien

Blitch Clay (excused)

Langford of 35th (excused)

On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 592. By Senators Gillis of the 20th and Huggins of the 53rd:
A bill to amend Title 27 of the Official Code of Georgia Annotated, the "Game and Fish Code," so as to provide for a lifetime honorary hunting and fishing license for any person who is totally and permanently disabled; to prohibit hunt ing with a crossbow except under such circumstances as provided by the Board of Natural Resources; to provide for applicability to certain persons.

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

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

Those voting in the affirmative were Senators:

Balfour Baugh

Boshears Bowen

Broun of 46th Brown of 26th

FRIDAY, FEBRUARY 11, 1994

625

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

Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable McGuire 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 Guhl and Parrish.

Those not voting were Senators:

Abernathy Alien

Blitch Clay (excused)

Langford of 35th (excused)

On the passage of the bill, the yeas were 49, nays 2.
The bill, having received the requisite constitutional majority, was passed.
SB 565. By Senators Slotin of the 39th, Walker of the 22nd and Thomas of the 10th:
A bill to amend Chapter IB of Title 43 of the Official Code of Georgia Anno tated, known as the "Patient Self-referral Act of 1993," so as to change certain definitions and provide for additional definitions; to change a provision relating to federal preemption of state law governing self-referrals; to provide an effective date.
The Senate Health and Human Services Committee offered the following substitute to SB 565:
A BILL
To be entitled an Act to amend Chapter IB of Title 43 of the Official Code of Georgia Annotated, known as the "Patient Self-referral Act of 1993," so as to change the definition of the term "designated health services"; to include certain additional services within the provisions of said chapter; to provide for applicability; to provide for effective dates; to re peal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter IB of Title 43 of the Official Code of Georgia Annotated, known as the "Patient Self-referral Act of 1993," is amended by striking paragraph (2) of Code Sec tion 43-1B-3, relating to definitions, and inserting in lieu thereof a new paragraph (2) of said Code section to read as follows:
"(2) 'Designated health services' means clinical laboratory services, physical therapy services, rehabilitation services, diagnostic imaging services, pharmaceutical services, dura ble medical equipment, home infusion therapy services (including related pharmaceuticals and equipment), home health care services, and outpatient surgical services.
Section 2. This Act shall become effective July 1, 1994, provided that with respect to an

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JOURNAL OF THE SENATE

investment interest acquired by a health care provider before July 1, 1994, for durable medi cal equipment, home infusion therapy services (including related pharmaceuticals and equipment), or home health care services, Code Section 43-1B-4 shall not apply to such referrals occurring before January 1, 1995.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 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:

Balfour Baugh Boshears Bowen Broun of 46th Brown of 26th
Burtn CC,, ho,eleemksan Crotts Day Dean Edge Egan Farrow Gillis Glanton

Gochenour Guhl Harbison Hemmer Henson Hooks
THupns ITK,saekmspon Langford of 29th Madden Marable McGuire Middleton Newbill Oliver Parrish

Perdue Pollard Ragan of llth Ragan of 32nd Ralston j^ay Robinson oc cottt.
Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Alien

Blitch Clay (excused)

Hill Langford of 35th (excused)

On the passage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
SB 543. By Senator Isakson of the 21st: A bill to amend Article 1 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to general provisions relative to the Department of Trans portation, so as to require the department to obtain a certification from a county governing authority relative to the use of certain tax proceeds in funding road, street, or bridge projects; to provide an effective date.
The Senate Transportation Committee offered the following substitute to SB 543:
A BILL
To be entitled an Act to amend Code Section 48-8-121 of the Official Code of Georgia Annotated, relating to the use of proceeds of the special county one percent sales and use tax, so as to provide for the use of excess tax proceeds relative to road, street, and bridge projects; to provide an effective date; to repeal conflicting laws; and for other purposes.

FRIDAY, FEBRUARY 11, 1994

627

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 48-8-121 of the Official Code of Georgia Annotated, relating to the use of proceeds of the special county one percent sales and use tax, is amended by striking subsection (g) and inserting in lieu thereof a new subsection (g) to read as follows:
"(g) (1) If the proceeds of the tax are specified to be used solely for the purpose of payment ~of general obligation debt issued in conjunction with the imposition of the tax, then any net proceeds of the tax in excess of the amount required for final payment of such debt shall be subject to and applied as provided in this subsection paragraph. If the county receives from the tax net proceeds other than from a tax imposed in whole or in part for road, street, and bridge purposes in excess of the maximum cost of the project or projects stated in the resolution or ordinance calling for the imposition of the tax or in excess of the actual cost of such project or projects, then such excess proceeds shall be subject to and applied as provided in this subsection paragraph. If the tax is terminated under paragraph (1) of subsection (b) of Code Section 48-8-112 by reason of denial of validation of debt, then all net proceeds received by the county from the tax shall be excess proceeds subject to this subsection paragraph. Excess proceeds subject to this aubacetion paragraph shall be used solely for the purpose of reducing any indebtedness of the county other than indebtedness incurred pursuant to this article. If there is no such other indebtedness or, if the excess proceeds exceed the amount of any such other indebtedness, then the excess proceeds shall next be paid into the general fund of the county, it being the intent that any funds so paid into the general fund of the county be used for the purpose of reducing ad valorem taxes.
(2) If the county receives from the tax imposed in whole or in part for road, street, and bridge purposes net proceeds in excess of the maximum cost of the project or projects stated in the resolution or ordinance calling for the imposition of the tax or in excess of the actual cost of such project or projects, then such excess proceeds shall be applied to additional road, street, and bridge projects of a similar nature to those stated in the resolution or ordinance calling for the imposition of the tax; provided, however, in no case shall any ex cess tax proceeds be eligible for return to the county general funds."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Farrow Gillis Glanton Gochenour Guhl Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 29th

Madden Marable McGuire Middleton Newbill Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson

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JOURNAL OF THE SENATE

Scott Slotin Taylor

Thomas Thompson

Turner Tysinger

Those not voting were Senators:

Abernathy Alien Blitch

Clay (excused)

Starr

Langford of 35th (excused) 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.

SB 484. By Senators Cheeks of the 23rd, Pollard of the 24th and Hill of the 4th:
A bill to amend Article 19 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to textbooks, so as to provide that all textbooks and library books purchased with state funds shall remain the property of each local unit of administration purchasing them and to require each local unit of administration to establish policies for the proper care and protection of its textbooks and li brary books and provide sanctions against a pupil who fails or refuses to pay for a lost or damaged textbook or library book as a condition to receiving all or part of the state contributed Quality Basic Education Program funds allotted to the local unit.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
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 Coleman PCQro,tTMts an Dean Edge Egan Farrow Gillis Glanton

Gochenour Guhl Harbison Hemmer Henson Hm
Hooks Huggins KI..s.aekmspon Langford of 29th Madden Marable McGuire Middleton Newbill

Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd
Ralston Ray RS0.loobtmi. nson Starr Taylor Thomas Thompson Turner Walker

Those not voting were Senators:

Abernathy Alien Blitch

Clay (excused) Langford of 35th (excused)

Scott Tysinger

FRIDAY, FEBRUARY 11, 1994

629

On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 554. By Senators Newbill of the 56th, Edge of the 28th, Henson of the 55th and others:
A bill to amend Code Section 20-2-940 of the Official Code of Georgia Annotated, relating to grounds and procedure for terminating or suspending contract of em ployment, so as to provide that refusal to alter a student's grades or grade report shall not be grounds for termination or suspension.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
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 Coleman
Dav Dean Edge Egan Farrow Gillis Glanton

Guhl Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable McGuire 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:

Abernathy Alien Blitch

Clay (excused) Gochenour

Langford of 35th (excused) Taylor

On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed.

SR 453. By Senator Farrow of the 54th: A resolution designating the T. P. Ramsey Bridge.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Baugh Boshears

Bowen Broun of 46th Brown of 26th

Burton Cheeks Coleman

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JOURNAL OF THE SENATE

Crotts Day Dean Edge Esan Farrow GGillalniston
Gochenour Guhl Harbison Hemmer Hooks

Muggins Isakson Kemp Langford of 29th Madden Marable MMcidGduleirteon
Newbill Oliver Parrish Perdue Pollard

Ragan of llth Ragan of 32nd Ralston Hay Robinson o tt C1lotl.n
Starr Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Alien Blitch

Clay (excused) Henson Hill

Langford of 35th (excused) Taylor Walker

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

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

SR 473. By Senators Edge of the 28th and Day of the 48th:
A resolution urging delay of the implementation of the Environmental Protection Agency's centralized emissions testing program 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:

Balfour Baugh Boshears
Bowen Broun of 46th Brown of 26th

Guhl Harbison Hemmer
Henson Hill Hooks

B

Huggins

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

Coleman Crotts DTM Edge Egan Farrow Gillis Glanton Gochenour

|!akson Kemp Langford of 29th Madden Marable McGuire Middleton Newbill Oliver

Rob ' nson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Alien Blitch

Clay (excused) Dean

Langford of 35th (excused) Walker

On the adoption of the resolution, the yeas were 49, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

FRIDAY, FEBRUARY 11, 1994

631

HB 1372. By Representatives Yeargin of the 90th and Manner of the 159th:
A bill to amend Code Section 12-3-3 of the Official Code of Georgia Annotated, relating to the powers of the Department of Natural Resources as to projects generally, so as to authorize the commissioner of natural resources to enter into long-term subleases of marina sites located on property leased to the State of Georgia by the United States Army Corps of Engineers in Bartow and Elbert counties on Lakes Allatoona and Richard B. Russell.
Senate Sponsor: Senator Madden of the 47th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Baugh Boshears Bowen Broun of 46th Burton Cheeks Coleman Crotts Day Dean Edge Egan Farrow Gillis Glanton

Gochenour Guhl Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable McGuire Middleton Newbill Oliver

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

Those not voting were Senators:

Abernathy Alien Blitch

Brown of 26th Clay (excused) Harbison

Langford of 35th (excused) Ray Thomas

On the passage of the bill, the yeas were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following bill of the House, having been reconsidered previously today, was put upon its passage:
HB 1235. By Representatives Harris of the 112th, Parham of the 122nd and Powell of the 23rd:
A bill to amend Code Section 40-3-50 of the Official Code of Georgia Annotated, relating to perfection of security interests in motor vehicles, so as to provide for perfection of a security interest by delivery of the title application to either the

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commissioner or the local tag agent in the county of the vehicle owner's residence.
Senate Sponsor: Senator Cheeks of the 23rd.
Senator Cheeks of the 23rd offered the following substitute to HB 1235:
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 delete provisions relating to the concurrent application for a motor vehicle registration and certificate of title; to provide that an application for a motor vehicle registration and an application for a motor vehicle certificate of title may be submitted separately; to provide for perfection of a security interest by delivery of the title application to either the commissioner or the local tag agent in the county of the vehicle owner's residence; to provide for issuance of evidence of receipt of such applications; to provide for a statement of intent; 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 vehi cles, is amended by striking subsection (a) of Code Section 40-2-20, relating to registration and license requirements, in its entirety and inserting in lieu thereof the following:
"(a) (1) 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 ahnll operate operating such motor vehicle or trailer, register such vehicle 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 chapter; and obtain a license to operate it for the ensuing year, and concur rently apply for a certificate of title in accordance with Chapter 3 of this title. The pur chaser 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 regis tration as provided in Code Section 40-2-42 and concurrently apply for a certificate of title in accordance with Chapter 8 of thin title. No person, company, or corporation, including, but not limited to, 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 certificate 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 repos sessed 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 insur ance 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 registration for such vehicle, but shall, prior to the sale of such vehicle, surren der 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 current and valid Georgia certificate of registration or in those situations where the person, company, or corporation selling or transferring the motor vehicle does not pos sess the certificate of registration, then the purchaser or transferee of such motor vehicle, if such purchaser or transferee is a licensed motor vehicle dealer, may apply to the appropriate county or state for a replacement certificate of registration.
(2) An application for the registration of a motor vehicle may be submitted separately fromjEhe application for a certificate of title for such motor vehicle, and an application for a certificate of title for a motor vehicle may be submitted separately from the application for the registration of such motor vehicle."

FRIDAY, FEBRUARY 11, 1994

633

Section 2. Said title is further amended by striking subsection (b) of Code Section 40-350, relating to perfection of security interests in motor vehicles, in its entirety and inserting in lieu thereof the following:
"(b) A security interest is perfected by delivery to the commissioner or to the tag agent in the county wherein the vehicle owner resides of the existing certificate of title, if any, and an application for a certificate of title containing the name and address of the holder of a security interest and the required fee. The security interest is perfected as of the time of its creation if the initial delivery to the commissioner or local tag agent is completed within 20 days thereafter regardless of any subsequent rejection of the application for errors; other wise, as of the date of the delivery to the commissioner or local tag agent. The local tag agent shall issue a receipt or other evidence of the date ofrllmg of such application. When the security interest is perfected as provided for in this subsection, it shall constitute notice to everybody of the security interest of the holder."
Section 3. The General Assembly declares that the enactment of Section 2 of this Act is a present clarification of the original intent of the General Assembly as to the method, man ner, and time of perfection of a security interest in a motor vehicle.
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute offered by Senator Cheeks of the 23rd, the yeas were 34, nays 0; and the substitute was adopted.
The President announced that, pursuant to Senate Rule 143, consideration of HB 1235 would be suspended and the bill was placed on the Senate General Calendar.
SB 55. By Senator Alien of the 2nd:
A bill to amend Article 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to conflicts of interest, so as to authorize officers and employ ees of the state to engage in political activities under certain conditions.
Senator Edge of the 28th moved that SB 55 be postponed until February 15, 1994.
On the motion, the yeas were 39, nays 0; the motion prevailed, and SB 55 was post poned to February 15, 1994.
Senator Ray of the 19th moved that, pursuant to SR 501, adopted previously, the Sen ate stand in recess until 5:00 P.M. today, and at that time stand adjourned until 10:00 A.M. on Monday, February 14, 1994; the President announced the motion prevailed at 11:35 A.M.

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Senate Chamber, Atlanta, Georgia Monday, February 14, 1994 Twenty-first Legislative Day

The Senate met pursuant to adjournment at 10:00 A.M. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of Friday, February 11, 1994, 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 1719. By Representatives Cox of the 160th, Bates of the 179th and Royal of the 164th:
A bill to amend an Act creating the board of commissioners of Decatur County, so as to provide for an additional member of the board of commissioners to be elected at large by the qualified voters of the county.
HB 1721. By Representatives Cox of the 160th, Bates of the 179th and Royal of the 164th: A bill to amend an Act providing for the composition of the Board of Education of Decatur County, so as to provide for the nonpartisan election of the members of the board of education.
HB 1732. By Representatives Snow of the 2nd, Joyce of the 1st and Perry of the llth: A bill to amend an Act creating the State Court of Walker County, so as to change the provisions relative to the judge of said court and the compensation of said judge; to provide for a secretary for such judge.
HB 1737. By Representative Mosley of the 171st: A bill to amend an Act creating a new charter for the City of Ludowici, so as to change the name of the police court in accordance with O.C.G.A. Section 36-32-1.
HB 1733. By Representative Hudson of the 156th: A bill to amend an Act providing for the composition of the Board of Education of Ben Hill County and for the election of members of the said board, so as to provide that primaries and elections for the members of the board shall be nonpartisan.
SB 516. By Senators Coleman of the 1st and Alien of the 2nd: A bill to repeal an Act carrying into effect the provisions of the constitutional amendment authorizing the General Assembly of Georgia to provide that the mayor and aldermen of the City of Savannah and Chatham County may contract for the consolidation and combining of the county and city board of tax assessors.

MONDAY, FEBRUARY 14, 1994

635

HB 1351. By Representatives Cox of the 160th, Hammond of the 32nd, Crawford of the 129th, Martin of the 47th, Barnes of the 33rd and others:
A bill to amend Article 8 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to the central child abuse registry maintained by the Divi sion of Family and Children Services of the Department of Human Resources, so as to provide that a person who is alleged to have committed child abuse shall have notice and an opportunity for hearing before such individual's name is placed in the registry.
HB 1196. By Representatives Lee of the 94th, Buckner of the 95th, Bailey of the 93rd, Johnson of the 97th and Benefield of the 96th:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization and review and appeal of ad valorem tax assessments, so as to provide for conditions under which valuations estab lished on appeal can be changed for subsequent taxable years.
HB 1201. By Representative Wall of the 82nd:
A bill to amend Code Section 16-11-129 of the Official Code of Georgia Anno tated, relating to licenses to carry a pistol or revolver and temporary renewal permits, so as to prohibit the issuance of a license to carry a pistol or revolver to any person who has been convicted of a felony and who has not been pardoned for such felony.
HB 1181. By Representatives Lane of the 55th, Polak of the 67th, Lakly of the 105th and Burkhalter of the 41st:
A bill to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to provide that all dogs and cats released for adoption by a public animal shelter shall be sterilized.
HB 1241. By Representatives Watson of the 139th, Walker of the 141st, Floyd of the 138th and Ray of the 128th:
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 to expend a portion of the taxes collected from levies on public accommodations charges for the purpose of supporting a museum of aviation.
HB 1517. By Representatives Parham of the 122nd and Harris of the 112th:
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 the use of ex emption certificates for certain sales of fuel for nonhighway use; to provide for an extended time period for which exemption certificates are valid.
HB 1539. By Representatives Birdsong of the 123rd, Harris of the 112th, Walker of the 141st, Bargeron of the 120th, Ray of the 128th and others:
A bill to amend Code Section 32-7-2 of the Official Code of Georgia Annotated, relating to procedures for abandonment of public roads or property not needed for public road purposes, so as to provide that before a county abandons a por tion of the county road system the county shall be required to provide notice of such abandonment in the newspaper in which the sheriffs advertisements for the county are published.

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HB 1527. By Representatives Baker of the 70th, Bordeaux of the 151st, Orrock of the 56th, Walker of the 141st, Coleman of the 142nd and others: A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so a to enact the "Georgia Business Expansion Support Act of 1994"; to provide for additional job tax credits for certain business enter prises located in certain counties designated as less developed areas.
The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 668. By Representatives Mosley of the 171st and Byrd of the 170th: A resolution designating the Howard "Bo" Warren Parkway.
HR 768. By Representative Parrish of the 144th: A resolution designating the Vendie Hudson Hooks, Sr., Memorial Highway.
HR 773. By Representative James of the 140th: A resolution designating the Herbert A. Saliba Bridge.
HR 730. By Representative Murphy of the 18th: A resolution designating the Sergeant Ray McKibben Highway.
The following bills of the Senate were introduced, read the first time and referred to committees:
SB 628. By Senators Day of the 48th, Balfour of the 9th, Tysinger of the 41st and others: A bill to amend an Act providing a $7,000.00 homestead exemption from Gwinnett County ad valorem taxes so as to increase such exemption to $10,000.00 over a three-year period; to provide for exemption eligibility; to provide for a special election to approve or reject the increase; to provide for effective dates and auto matic repeal.
Referred to Committee on Urban and County Affairs.
SB 629. By Senators Farrow of the 54th, Oliver of the 42nd and Ralston of the 51st: A bill to amend Subpart 3 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student records, so as to provide for the withholding of funds to any school system which denies both parents of a child the right to inspect and review the education records of such child.
Referred to Committee on Education.
SB 630. By Senators Kemp of the 3rd, Pollard of the 24th and Baugh of the 25th: A bill to amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to provide for approval of sureties; to provide for written rules and regulations defining acceptable sureties; to provide for the publishing of such rules and regulations by the sheriffs of the state; to provide for requirements; to provide for real property bonds; to provide for quali fications of bondspersons.
Referred to Committee on Special Judiciary.
SB 631. By Senators Newbill of the 56th, Ralston of the 51st, Day of the 48th and others: A bill to amend Code Section 20-2-310 of the Official Code of Georgia Annotated, relating to student directory information, so as to require that public schools

MONDAY, FEBRUARY 14, 1994

637

conduct the recitation of the Pledge of Allegiance to the flag of the United States of America upon every school day; to provide for election to have a child not recite such pledge.
Referred to Committee on Education.
SB 632. By Senator Cheeks of the 23rd:
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 change the provisions relat ing to the disposition of a child committing a delinquent act constituting an AIDS transmitting crime; to change the provision relating to submission to HIV tests; to require a child adjudged to have committed a delinquent act constitut ing an AIDS transmitting crime to submit to an HIV test.
Referred to Committee on Judiciary.
SB 633. By Senator Madden of the 47th:
A bill to provide a new charter for the City of Canon; to provide for incorpora tion, boundaries, and powers of the city; to provide for a governing authority of such city and powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and re moval from office relative to members of such governing authority.
Referred to Committee on Urban and County Affairs.
SB 634. By Senator Farrow of the 54th:
A bill to amend an Act providing a homestead exemption from certain City of Dalton ad valorem taxes for city purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that city so as to provide that such exemption shall be in addition to any other homestead exemption ap plicable to City of Dalton ad valorem taxes for city purposes.
Referred to Committee on Urban and County Affairs.
SB 635. By Senator Farrow of the 54th:
A bill to amend an Act providing a homestead exemption from certain City of Dalton Independent School District ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of the homestead for certain resi dents of that school district so as to provide that such exemption shall be in addition to any other homestead exemption applicable to City of Dalton Inde pendent School District ad valorem taxes for educational purposes.
Referred to Committee on Urban and County Affairs.
SB 636. By Senator Farrow of the 54th:
A bill to amend an Act creating the office of Commissioner of Murray County, as amended, so as to authorize the Board of Commissioners of Murray County to provide for family support centers; to validate and confirm certain prior actions.
Referred to Committee on Urban and County Affairs.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 1181. By Representatives Lane of the 55th and Polak of the 67th:
A bill to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to provide that all dogs and cats released for adoption by a public animal shelter shall be sterilized. Referred to Committee on Agriculture.

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HB 1196. By Representatives Lee of the 94th, Buckner of the 95th, Bailey of the 93rd and others:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization and review and appeal of ad valorem tax assessments, so as to provide for conditions under which valuations estab lished on appeal can be changed for subsequent taxable years.
Referred to Committee on Finance and Public Utilities.
HB 1201. By Representative Wall of the 82nd:
A bill to amend Code Section 16-11-129 of the Official Code of Georgia Anno tated, relating to licenses to carry a pistol or revolver and temporary renewal permits, so as to prohibit the issuance of a license to carry a pistol or revolver to any person who has been convicted of a felony and who has not been pardoned for such felony.
Referred to Committee on Special Judiciary.
HB 1241. By Representatives Watson of the 139th, Walker of the 141st, Floyd of the 138th and Ray of the 128th:
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 to expend a portion of the taxes collected from levies on public accommodations charges for the purpose of supporting a museum of aviation.
Referred to Committee on Finance and Public Utilities.
HB 1351. By Representatives Cox of the 160th, Hammond of the 32nd, Crawford of the 129th and others:
A bill to amend Article 8 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to the central child abuse registry maintained by the Divi sion of Family and Children Services of the Department of Human Resources, so as to provide that a person who is alleged to have committed child abuse shall have notice and an opportunity for hearing before such individual's name is placed in the registry.
Referred to Committee on Judiciary.
HB 1517. By Representatives Parham of the 122nd and Harris of the 112th:
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 the use of ex emption certificates for certain sales of fuel for nonhighway use; to provide for an extended time period for which exemption certificates are valid.
Referred to Committee on Finance and Public Utilities.
HB 1527. By Representatives Baker of the 70th, Bordeaux of the 151st, Orrock of the 56th and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to enact the "Georgia Business Expansion Support Act of 1994"; to provide for additional job tax credits for certain business enter prises located in certain counties designated as less developed areas.
Referred to Committee on Finance and Public Utilities.

MONDAY, FEBRUARY 14, 1994

639

HB 1539. By Representatives Birdsong of the 123rd, Harris of the 112th, Walker of the 141st and others: A bill to amend Code Section 32-7-2 of the Official Code of Georgia Annotated, relating to procedures for abandonment of public roads or property not needed for public road purposes, so as to provide that before a county abandons a por tion of the county road system the county shall be required to provide notice of such abandonment in the newspaper in which the sheriffs advertisements for the county are published.
Referred to Committee on Transportation.
HB 1719. By Representatives Cox of the 160th, Bates of the 179th and Royal of the 164th: A bill to amend an Act creating the board of commissioners of Decatur County, so as to provide for an additional member of the board of commissioners to be elected at large by the qualified voters of the county.
Referred to Committee on Urban and County Affairs.
HB 1721. By Representatives Cox of the 160th, Bates of the 179th and Royal of the 164th: A bill to amend an Act providing for the composition of the Board of Education of Decatur County, so as to provide for the nonpartisan election of the members of the board of education.
Referred to Committee on Urban and County Affairs.
HB 1732. By Representatives Snow of the 2nd, Joyce of the 1st and Perry of the llth: A bill to amend an Act creating the State Court of Walker County, so as to change the provisions relative to the judge of said court and the compensation of said judge; to provide for a secretary for such judge.
Referred to Committee on Urban and County Affairs.
HB 1733. By Representative Hudson of the 156th: A bill to amend an Act providing for the composition of the Board of Education of Ben Hill County and for the election of members of the said board, so as to provide that primaries and elections for the members of the board shall be nonpartisan.
Referred to Committee on Urban and County Affairs.
HB 1737. By Representative Mosley of the 171st: A bill to amend an Act creating a new charter for the City of Ludowici, so as to change the name of the police court in accordance with O.C.G.A. Section 36-32-1.
Referred to Committee on Urban and County Affairs.
HR 668. By Representatives Mosley of the 171st and Byrd of the 170th: A resolution designating the Howard "Bo" Warren Parkway.
Referred to Committee on Transportation.
HR 730. By Representative Murphy of the 18th: A resolution designating the Sergeant Ray McKibben Highway.
Referred to Committee on Transportation.
HR 768. By Representative Parrish of the 144th: A resolution designating the Vendie Hudson Hooks, Sr. ( Memorial Highway.
Referred to Committee on Transportation.

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HR 773. By Representative James of the 140th: A resolution designating the Herbert A. Saliba Bridge.
Referred to Committee on Transportation.

The following committee report was read by the Secretary:

Mr. President:

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

SB 617. Do pass. SB 620. Do pass. SB 621. Do pass. SB 622. Do pass. SB 623. Do pass.

HB 1485. HB 1669. HB 1682. HB 1711. HB 1712.

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

Respectfully submitted,

Senator Thompson of the 33rd District, Chairman

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

SB 299 SB 444 SB 570 HB 147 HB 632 HB 1214 HB 1368 HB 1388 HB 1455 HR 744

SB 377 SB 500 SB 583 HB 565 HB 674 HB 1361 HB 1369 HB 1451 HB 1561

SB 434 SB 539 SR 385 HB 567 HB 685 HB 1363 HB 1383 HB 1452 HR 215

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

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

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

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

MONDAY, FEBRUARY 14, 1994

641

Those not answering were Senators:

Coleman Edge

Isakson Langford of 35th

Scott

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Broun of the 46th introduced the chaplain of the day, Reverend Jon Appleton, pastor of First Baptist Church, Athens, Georgia, who offered scripture reading and prayer.
Senator Perdue of the 18th introduced the Paralympic Athletes and Medal winners who reside in the state of Georgia, commended by SR 480, adopted previously.
Senator Harbison of the 15th introduced the doctor of the day, Dr. Robert Patton, Columbus, Georgia.
The following resolutions were read and adopted:
SR 505. By Senators Tysinger of the 41st, Scott of the 36th, Slotin of the 39th and others: A resolution commending Kenneth M. Gregor.
SR 506. By Senator Thomas of the 10th: A resolution recognizing Arts Clayton's Southside Black Family Arts Festival.
SR 507. By Senators Crotts of the 17th and Guhl of the 45th: A resolution honoring Commander Glenn E. Mitchell.
SR 508. By Senator Ray of the 19th: A resolution recognizing Ms. Mary Evelyn Warren, Mayor Pro Tempore of Abbeville, Georgia.
HR 860. By Representatives Buckner of the 95th and Channell of the lllth: A resolution urging the Department of Natural Resources to develop and dissem inate to the public information relating to special hunts to reduce localized over population of deer.
Senator Henson of the 55th moved that the following bill be withdrawn from the Sen ate Committee on Judiciary and be committed to the Senate Committee on Urban and County Affairs.
SB 604. By Senator Henson of the 55th: A bill to amend an Act to create and establish for and in the County of DeKalb a court to be known as the recorder's court of DeKalb County, as amended, so as to provide the court with authority to assess fines for traffic violations not to exceed the sum of $1,000.00
On the motion, the yeas were 34, nays 0; the motion prevailed, and SB 604 was commit ted to the Senate Committee on Urban and County Affairs.
The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:

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SENATE LOCAL CONSENT CALENDAR
Monday, February 14, 1994
TWENTY-FIRST LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 617 Thomas, 10th Glanton, 34th Starr, 44th CLAYTON COUNTY
Amends an Act creating the State Court of Clayton County, so as to change the provisions relating to the deposits for advance costs; to provide an effec tive date; to repeal conflicting laws.
SB 620 Langford, 29th HEARD COUNTY
Amends an Act placing the sheriff of Heard County on an annual salary in lieu of the fee system of compensation.
SB 621 Langford, 29th HEARD COUNTY
Amends an Act placing the judge of the Probate Court of Heard County on an annual salary in lieu of a fee system of compensation.
SB 622 Langord, 29th HEARD COUNTY
Amends an Act consolidating the offices and duties of tax receiver and tax collector of Heard County into the single office of tax commissioner of Heard County, so as to change the compensation of the tax commissioner; to repeal conflicting laws.
SB 623 Langford, 29th HEARD COUNTY
Amends an Act placing the clerk of the Superior Court of Heard County on an annual salary in lieu of the fee system of compensation.
HB 1485 Glanton, 34th Langford, 35th Scott, 36th Abernathy, 38th Slotin, 39th Egan, 40th Newbill, 56th FULTON COUNTY
Amends an Act completely and exhaustively revising the laws pertaining to the Fulton County Personnel Board and the Fulton County Merit System of Personnel Administration, so as to regulate the receipt and investigation of complaints or information from county employees concerning fraud, waste, and abuse in or relating to any county programs or operations.

MONDAY, FEBRUARY 14, 1994

643

HB 1669 Edge, 28th Glanton, 34th FAYETTE COUNTY
Provides for the re-creation of the board of elections of Fayette County.

HB 1682 Middleton, 50th WHITE COUNTY
Amends an Act creating the White County Water and Sewerage Authority, so as to provide for a change in the membership of the authority.

HB 1711 Blitch, 7th TIFT COUNTY
Amends an Act providing for the Tift County Board of Education, so as to provide for the composition of the education districts.

HB 1712 Blitch, 7th TIFT COUNTY
Amends an Act creating the board of commissioners of Tift County, so as to change the composition of commissioner districts from which members of the board are elected.

The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.
On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

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

Not voting were Senators Burton and Langford of 35th.

On the passage of all the local bills, the yeas were 54, nays 0.
All the bills on the Senate Local Consent Calendar, having received the requisite consti tutional majority, were passed.

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SENATE RULES CALENDAR
Monday, February 14, 1994
TWENTY-FIRST LEGISLATIVE DAY
SB 568 Firearm Possession--probation supervisors, Corrections personnel (Substitute) (Corr--28th)
SB 492 Child Abuse Protocol--judicial circuits adopt (YA&HE--33rd)
SB 494 Law Enforcement Training--include child abuse crimes (Substitute) (Amend ment) (Pub Saf--33rd)
SB 493 State Children's Trust Fund & Commission--establish (Substitute) (YA&HE--33rd)
SB 569 World Congress Center Authority--projects, gifts (EDT&C--37th
SB 486 Superior Court Clerk Fees--appeals upon payment (Substitute) (S Judy--24th)
SB 557 Statutory Rape, Child Molestation--change definitions (Substitute) (S Judy--29th)
SB 540 Contest Sponsors, Promoters--bond requirements (Substitute) (C Aff--26th)
SB 82 Firemen's Pension Fund--vest at 15 years, early retirement at 45 (Substitute) (Ret--22nd)
SB 517 Tattoo--raise minimum age to obtain (Substitute) (H&HS--10th)
SB 572 Georgia, South Carolina Boundary--description (Int Coop--1st)
SB 548 Youth Placement in Family Attention Home--risk assessment (Amendment) (YA&HE--49th)
SR 461 Senior Days at Capitol--February 8-10, 1994 (YA&HE--52nd)
SR 409 Georgia Commission to Study Family Courts--create (Amendment) (YA&HE--33rd)
HB 1298 Public Officials Conduct, Lobbyist Disclosure--apply to certain officers (Eth ics--16th) Buck--135th
HB 1215 Local Government--nonpartisan election provisions (Amendment) (Eth ics--16th) Buck--135th
HB 641 Historical, Nonperpetual Care Cemetery--exempt registration (U&CA G--33rd) Coleman--142nd
HB 109 Appeal by State in Criminal Case--cross appeal by defendant (Judy--42nd) Groover--125th
HB 574 Georgia Property Owners' Association Act--provide (Amendment) (S Judy--40th) Cauthorn--35th
HB 1379 Lottery Retailers--qualifications (EDT&C--46th) Harris--112th
HB 1357 Hotels--excessive rates during Olympics unlawful (EDT&C--46th) Wat son--139th
HB 1235 Motor Vehicle Certificate of Title--perfection of security interests (Substitute) (Pub Saf--23rd) Harris--112th
(Pursuant to Senate Rule 143, final passage of the bill was suspended on Febru ary 11, 1994.)
HB 1277 Offense Involving Growing or Unharvested Agricultural Products--punishment (Amendment) (S Judy--19th) Ray--128th
HB 1344 Leaf Tobacco--repeal certain charges by warehousemen (Amendment) (Ag--llth) Greene--158th Respectfully submitted,
/s/ Scott of the 36th, Chairman Senate Rules Committee

MONDAY, FEBRUARY 14, 1994

645

The following general bills were read the third time and put upon their passage:
SB 568. By Senator Edge of the 28th:
A bill to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to the carrying and possession of firearms, so as to change the exemption relating to probation supervisors employed by the Depart ment of Corrections; to provide for an exemption with respect to certain other probation personnel within the Department of Corrections.
The Senate Corrections Committee offered the following substitute to SB 568:
A BILL
To be entitled an Act to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to the carrying and possession of firearms, so as to provide that certain exemptions from Code Sections 16-11-126 through 16-11-128 shall apply to persons in certain offices regardless of whether such persons are employed full time or engaged in official duties; to change the exemption relating to probation supervisors em ployed by the Department of Corrections; to provide for an exemption with respect to cer tain other probation personnel within the Department of Corrections and with respect to certain persons who at the time of their retirement from service with the Department of Corrections performed certain probation functions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to the carrying and possession of firearms, is amended by striking in its entirety Code Section 16-11-130, relating to exemptions under this part from Code Sections 16-11-126 through 16-11-128, and inserting in lieu thereof a new Code Section 16-11-130 to read as follows:
"16-11-130. (a) Code Sections 16-11-126 through 16-11-128 shall not apply to or affect any of the following persons if such persons are employed full time in the offices listed below or if not full time employees while engaged in pursuit of official duty or when authorized by federal or state law, regulations, or order:
(1) Peace officers;
(2) Wardens, superintendents, and keepers of correctional institutions, jails, or other institutions for the detention of persons accused or convicted of an offense;
(3) Persons in the military service of the state or of the United States;
(4) Persons employed in fulfilling defense contracts with the government of the United States or agencies thereof when possession of the weapon is necessary for manufacture, transport, installation, and testing under the requirements of such contract;
(5) District attorneys, investigators employed by and assigned to a district attorney's office, and assistant district attorneys;
(5.1) State court solicitors; investigators employed by and assigned to a state court so licitor's office; assistant state court solicitors; the corresponding personnel of any city court expressly continued in existence as a city court pursuant to Article VI, Section X, Para graph I, subparagraph (5) of the Constitution; and the corresponding personnel of any civil court expressly continued as a civil court pursuant to said provision of the Constitution;
(6) Those employees of the State Board of Pardons and Paroles when specifically desig nated and authorized in writing by the members of the State Board of Pardons and Paroles to carry a weapon;
(7) The Attorney General and those members of his or her staff whom he or she specifi cally authorizes in writing to carry a weapon;

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(8) Probation supervisors, probation officers, intensive probation supervisors, and sur veillance officers employed by and under the authority of the Department of Corrections pursuant to Article 2 of Chapter 8 of Title 42, known as the 'State-wide Probation Act'; Act,' when specifically designated and authorized in writing by the director of DiviaidiToT Probation,
(9) Public safety directors of municipal corporations;
(10) Trial judges;
(11) United States Attorneys and Assistant United States Attorneys;
(12) County medical examiners and coroners and their sworn officers employed by county government; and
(13) Clerks of the superior courts.
(b) Code Sections 16-11-126 through 16-11-128 shall not apply to or affect persons who at the" time of their retirement from service with the Department of Corrections were proba tion supervisors, probation officers, intensive probation supervisors, or surveillance offices.
fb) (c) A prosecution based upon a violation of Code Section 16-11-126, 16-11-127, or 16-11-128 need not negative any exemptions."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 44, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Alien Balfour
Baugh Blitch Boshears
BBorowuenn o,f 4f6ftuh Brown of 26th BChuerteokns QJ Coleman Crotts pjay Dean Edge Egan Farrow

Gillis Glanton Gochenour
Guhl Harbison Hemmer
HHmenson Hookg H,, uggms Isakson KemP Langford of 29th Madden Marable McGuire Middleton Newbill

Oliver Parrish Perdue
Pollard Ragan of llth Ragan of 32nd
RRalston Robinson S_ cott Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Not voting was Senator Langford of 35th.

On the passage of the bill, the yeas were 55, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute.

MONDAY, FEBRUARY 14, 1994

647

SB 492. By Senators Thompson of the 33rd, Madden of the 47th, Marable of the 52nd and others:
A bill to amend Chapter 15 of Title 19 of the Official Code of Georgia Annotated, relating to child abuse, so as to provide for a committee in each judicial circuit to adopt a written child abuse protocol; to provide for the combination or expansion of county committees and county protocols; to provide for the continuation of county committees in single-county circuits; to remove obsolete dates.

Senator Thompson of the 33rd offered the following amendment:
Amend SB 492 by striking lines 11 and 12 of page 1 and inserting the following:
"publication; to authorize the withholding of certain funds from noncomplying counties; to provide for a notice".
By striking lines 3 through 6 on page 3 and inserting the following:
"committee; and
(K) The office of the coroner or county medical examines; and
(L) The chief elected officer, by whatever name known, of the general county governing authority or his or her designee, drawn from the membership of the county governing authority?1
By striking line 18 of page 3 and inserting the following:
"of subsection (c) of this Code section. The members from each county shall elect a chairperson, who may represent the county at meetings of the circuit protocol committee. The child abuse".
By striking lines 14 through 19 of page 9 and inserting the following:
"funding of programs and services of county entities which are not mandated by state or federal law or regulation from:
(1) Any county which fails or refuses to".
By striking line 25 of page 9 and inserting the following:
"(2) Any county which refuses to sign the".
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 Burton Cheeks

Clay Coleman Crotts Day Dean Edge Egan Farrow Gillis Glanton Gochenour

Guhl Harbison Hemmer Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable

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JOURNAL OF THE SENATE

McGuire
Middleton NO,,,le.iwvebrill Parrish
Perdue
Pollard

Ragan of llth
Ragan of 32nd RnRaaylston Robinson
Scott
Slotin

Those not voting were Senators:

Henson

Langford of 35th

Starr Taylor rTphuomas Ihompson Turner Tysinger
Walker

On the passage of the bill, the yeas were 53, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
SB 494. By Senators Thompson of the 33rd, Marable of the 52nd, Oliver of the 42nd and others:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and training of peace officers, so as to provide that initial and annual training for police chiefs, department heads, and wardens and annual training for peace officers include a minimum of eight hours relating to crime against children or child abuse.
The Senate Public Safety Committee offered the following substitute to SB 494:
A BILL
To be entitled an Act to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and training of peace officers, so as to provide that ini tial training for police chiefs and department heads of law enforcement units include a mini mum of eight hours relating to crimes against children or child abuse; to provide that any person employed or appointed as a peace officer responsible for the detection and investiga tion of child abuse or crimes against children as identified by the Georgia Peace Officer Standards and Training Council shall satisfactorily complete a course of instruction relating to child abuse or crimes against children; to provide for the course of instruction and for the recognition and approval of certain other equivalent instruction; to provide for periodic up dates in such training relating to child abuse or crimes against children; to provide for re lated matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and training of peace officers, is amended by striking in its entirety subsection (a) of Code Section 35-8-20.1, relating to training for police chiefs and department heads appointed after December 31, 1992, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Any newly appointed chief of police or department head of a law enforcement unit whose term of employment commences after December 31, 1992, shall complete a minimum of 60 hours of law enforcement chief executive training at the next scheduled law enforce ment chief executive training class sponsored by the Georgia Association of Chiefs of Police following his or her appointment. Such training shall be in addition to the basic training required of peace officers in Code Section 35-8-9. After July 1, 1994, such training shall include a minimum of eight hours relating to crimes~against children or child abuse."
Section 2. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 35-8-21, relating to training requirements for peace officers, and inserting in lieu thereof a new subsection (a) to read as follows:

MONDAY, FEBRUARY 14, 1994

649

"(a) (1) During calendar year 1989 and during each calendar year thereafter, any person employecTor appointed as a peace officer shall complete 20 hours of training as provided in this Code section.
(2) (A) After July 1, 1994, any person employed or appointed as a peace officer responsible~for the detection and investigation of child abuse or crimes against children, as identi fied by the council, shall satisfactorily complete a course of instruction of a minimum of eight hours relating to crimes against children or child abuse. The council shall establish and modify the course of instruction. The council shall have the authority to recognize and approve instruction received by persons subject to the requirements of this paragraph if, in the determination of the council, the instruction is at least equivalent to that established by the council pursuant to this paragraph?
(B) All persons subject to this paragraph shall complete an update or refresher training course" relating to child abuse or crimes against children of such duration and at such time as may be prescribed by the council."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senators Cheeks of the 23rd and Egan of the 8th offered the following amendment:
Amend the Senate Committee on Public Safety substitute to SB 494 by adding in the title on line 8 of page 1 between the words "of and "child", on line 11 of page 1 between the word "to" and the word "child", and on line 15 of page 1 between the word "to" and the word "child" the following:
"crimes of family violence including"
By adding line 23 of page 2 between the word "of" and the word "child" the following:
"crimes of family violence including"
By adding on line 27 of page 2 between the word "crimes" and the word "against" the following:
"of family violence, including crimes"
By adding on line 5 of page 3 between the word "to" and the word "child" the following:
"crimes of family violence including".
On the adoption of the amendment, the yeas were 44, nays 0, and the Cheeks and Edge amendment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 39, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Guhl Harbison Hemmer Henson Hill Hooks Huggins Isakson Langford of 29th Madden Marable

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McGuire Middleton Newbill Oliver Parrish Perdue Pollard

Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin

Starr Taylor Thomas Thompson Turner Tysinger Walker

Not voting were Senators Kemp and Langford of 35th.

On the passage of the bill, the yeas were 54, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute.

SB 493. By Senators Thompson of the 33rd, Oliver of the 42nd, Marable of the 52nd and others:
A bill to amend an Act amending Title 19 of the Official Code of Georgia Anno tated, relating to domestic relations, so as to establish the State Children's Trust Fund and the State Children's Trust Fund Commission; to provide for an addi tional fee in divorce cases and for marriage licenses; and to provide for related matters so as to change the date of repeal of such Act.

The Senate Youth, Aging and Human Ecology Committee offered the following substi tute to SB 493:

A BILL
To be entitled an Act to amend Chapter 14 of Title 19 of the Official Code of Georgia Annotated, the "Child Abuse and Neglect Prevention Act," so as to remove references to initial terms of the State Children's Trust Fund Commission and a restriction on disburse ment of funds prior to July 1, 1988; to authorize and direct such commission to establish criteria for determining eligibility for receipt of disbursements from the State Children's Trust Fund; to remove the duty of determining such criteria from the Department of Human Resources; to remove a provision relating to appropriation of certain funds to such trust fund; to provide that interest earned by trust fund money shall be credited to the trust fund; to provide for related matters; to amend an Act amending Title 19 of the Official Code of Georgia, relating to domestic relations, so as to establish the State Children's Trust Fund and the State Children's Trust Fund Commission, approved April 16, 1987 (Ga. L. 1987, p. 1133), so as to change the date of repeal of such Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 14 of Title 19 of the Official Code of Georgia Annotated, the "Child Abuse and Neglect Prevention Act," is amended by striking in their entirety subsections (b) and (d) of Code Section 19-14-3, relating to establishment of the State Children's Trust Fund Commission, and inserting in lieu thereof new subsections to read as follows:
"(b) The State Children's Trust Fund Commission shall consist of 15 members ap pointed by the Governor and confirmed by the Senate. Members shall be appointed for terms of four years, their initial appointments, however, being five for four year tcrma, five for three year terms, and five for two year terms. State officers or employees may be ap pointed to the commission unless otherwise prohibited by law; provided, however, that one citizen member shall be appointed from each congressional district. As a group, the citizen members shall demonstrate knowledge in the area of child abuse and neglect prevention and, to the extent practicable, shall represent private nonprofit agencies or individual pro fessions which have special expertise or community involvement specifically in the area of child abuse prevention, professional providers of child abuse and neglect prevention ser vices, and volunteers in child abuse and neglect prevention services."

MONDAY, FEBRUARY 14, 1994

651

"(d) The initial terms for all members ahall begin September 1, 1087. Reserved."
Section 2. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 19-14-5, relating to powers and duties of the State Children's Trust Fund Commission, and inserting in its place a new subsection to read as follows:
"(a) The commission shall do all of the following:
(1) Meet at such times and places as it shall determine necessary or convenient to per form its duties. The commission shall also meet on the call of the chairperson or the Governor;
(2) Maintain minutes of its meetings;
(3) Adopt rules and regulations for the transaction of its business;
(4) Establish criteria for determining eligibility for receipt of disbursements from the trust fund;
44} (5) Accept applications for disbursements of available money from the trust fund for child abuse and neglect prevention purposes;
{&} (6) Maintain records of all expenditures of the commission, funds received as gifts and donations, and disbursements made from the trust fund; and
{6} (7) Conform to the standards and requirements prescribed by the state auditor pur suant toThapter 6 of Title 50."
Section 3. Said chapter is further amended by striking in its entirety Code Section 1914-8, relating to eligibility criteria for disbursements, which reads as follows:
"19-14-8. The Department of Human Resources under the direction of the commis sioner of human resources and the Board of Human Resources shall develop and furnish to the commission criteria for determining eligibility for receipt of disbursements from the trust fund.",
and inserting in lieu thereof the following:
"19-14-8. Reserved."
Section 4. Said chapter is further amended by striking in their entirety subsections (a) and (d) of Code Section 19-14-9, relating to disbursement of funds, and inserting in lieu thereof new subsections to read as follows:
"(a) The commission may authorize the disbursement of available money from the trust fund after appropriation thereof to an entity or program eligible pursuant to the criteria of the Department of Human Resources commission for exclusively the following purposes, which are listed in the order of preference for expenditure:
(1) To fund a private nonprofit or public organization in the development or operation of a prevention program if at least all of the following conditions are met:
(A) The organization demonstrates a broad-based community involvement emphasizing volunteer efforts and a demonstrated expertise in child abuse prevention issues;
(B) The organization demonstrates an ability to match, through money or in-kind ser vices, a minimum of 50 percent of the amount of any trust fund money received. The amount and types of in-kind services are subject to the approval of the commission;
(C) The organization demonstrates a willingness and ability to provide program models and consultation to organizations and communities regarding program development and maintenance; and
(D) Other conditions that the commission may deem appropriate;
(2) To fund services or facilities connected with child abuse and neglect prevention; and
(3) To fund the commission created in Code Section 19-14-3 for the actual and neces sary operating expenses that the commission incurs in performing its duties."

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"(d) Notwithstanding any other provisions of thia chapter to the contrary, no funds shall be disbursed from the trust fund prior to July 1, 1088, except to pay operating ex penses of the commission pursuant to paragraph (8) of subsection (a) of this Code ocetion."
Section 5. Said chapter is further amended by striking in its entirety Code Section 1914-21, relating to the source of funds, and inserting in lieu thereof a new Code section to read as follows:
"19-14-21. {a} The director of the Office of Treasury and Fiscal Services shall credit to the trust fund all amounts appropriated or donated to such trust fund. All funds appropri ated to or otherwise paid into the trust fund shall be presumptively concluded to have been committed to the purpose for which they have been appropriated or paid and shall not lapse.
(b) An amount equal to all funds paid into the general trcaaury pursuant to Code Sec tions 16-6 77.4 and 16-0-60.1 in the immediately proceeding year ohall be appropriated to the State Children's Trust Fund to implement and carry out the proviaiona of thia chapter. This subsection shall be subject to the normal appropriation process."
Section 6. Said chapter is further amended by striking in its entirety Code Section 1914-22, relating to investments, and inserting in lieu thereof a new Code section to read as follows:
"19-14-22. The director of the Office of Treasury and Fiscal Services shall invest trust fund money in the same manner in which state funds are invested as authorized by the State Depository Board pursuant to Article 3 of Chapter 17 of Title 50. Interest earned by trust fund money shall be accounted for separately and shall be credited to the trust fund to be disbursed as other moneys in the trust funcTT1
Section 7. An Act amending Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to establish the State Children's Trust Fund and the State Chil dren's Trust Fund Commission, approved April 16, 1987 (Ga. L. 1987, p. 1133), is amended by striking Section 6 in its entirety, and inserting in lieu thereof a new Section 6 to read as follows:
"Section 6. This Act shall be repealed in its entirety effective July 1, 1006 July 1, 2000."
Section 8. 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 Gillis Glanton Gochenour Guhl Harbison Hemmer Henson Hill Hooks Huggins

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

MONDAY, FEBRUARY 14, 1994

653

Ray Robinson Scott Slotin

Starr Taylor Thomas Thompson

Those not voting were Senators:

Farrow

Kemp

Turner Tysinger Walker
Langford of 35th

On the passage of the bill, the yeas were 53, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute.

SB 569. By Senators Clay of the 37th, Broun of the 46th and Slotin of the 39th:
A bill to amend Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to the Geo. L. Smith II Georgia World Congress Center Authority, so as to revise and expand the definition of the term "project"; to expand the powers of the authority to accept and apply gifts; to authorize the disposition of a pro ject not required for continued use by the authority to public entities for public purposes.

Senators Clay of the 37th and Broun of the 46th offered the following amendment:
Amend SB 569 by adding on line 17 of page 3 after the word and symbol "intangible," and before the word "in" the following:
"or services or other things of value,".
On the adoption of the amendment, the yeas were 34, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch Boshears
nBroWuenn off 4, c6*thu Brown of 26th BChuerteokns Ql
Coleman Crotts Day Dean Edge Egan Farrow

Gillis Glanton Gochenour Guhl Harbison Hemmer
Hffiennson Hooks ,,Huggms Isakson
KemP Langford of 29th Madden Marable McGuire Middleton Newbill

Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd
RRalston Roinson S0 cott Slotin
Starr Taylor Thomas Thompson Turner Tysinger Walker

Not voting was Senator Langford of the 35th.

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On the passage of the bill, the yeas were 55, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
SB 486. By Senators Pollard of the 24th and Ralston of the 51st:
A bill to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees of the clerks of the superior courts, so as to provide that a clerk of the superior court shall not file an appeal or transfer into the superior court until all filing fees have been paid; to provide for an effective date.
The Senate Special Judiciary Committee offered the following substitute to SB 486:
A BILL
To be entitled an Act to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees of the clerks of the superior courts, so as to provide that a clerk of the superior court shall not file an appeal or transfer into the superior court until all filing fees have been paid; to provide that the fee for filing an appeal or transfer into the superior court shall be the same fee enumerated in paragraph (2) of subsection (e) of said Code section; to provide for the transmittal of filing fees previously collected in another court or administrative agency when an action is transferred; to provide for credits; to provide for the collection of differences between certain fees and the fees otherwise authorized; to pro vide for fees when an action is appealed on more than one occasion; to provide for waiver of cost and fees and the affect thereof; to provide for practices and procedures; 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. Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees of the clerks of the superior courts, is amended by adding at the end of said Code section a new subsection (n) to read as follows:
"(n) The clerk of the superior court shall not file an appeal or transfer into the superior court until all filing fees have been paid. The fee for filing an appeal or transfer into the superior court shall be the same fee enumerated in paragraph (2) of subsection (e) of this Code section. If an action is transferred from another court or administrative agency, said court or administrative agency shall transmit any filing fee previously collected to the supe rior court. If an action is an appeal from another court or administrative agency, the clerk of the superior court shall allow a credit toward the filing fee in superior court for any filing fee paid in the court or administrative agency from which the action was appealed. If the court or administrative agency from which the action was appealed is required by law to transmit the filing fee, previously paid, to the superior court, then the clerk of the superior court shall accept said filing fee transmitted and shall be authorized to collect the difference between that fee transmitted and the filing fee in superior court from the person or entity filing the appeal. If an action is appealed from another court or administrative agency to the superior court on more than one occasion, the clerk of the superior court shall collect only one filing fee in superior court for each action and shall not be authorized to collect an additional filing fee for successive appeals on the same action. If an action is appealed from another court or administrative agency to the superior court, and if the court or administrative agency from which the action was appealed has waived the cost of a filing fee either by execution of a form in forma pauperis or otherwise, then the clerk of the superior court shall accept said appeal without payment of a filing fee in the superior court. The court or admin istrative agency from which the appeal was taken to the superior court shall execute a verifi cation to the clerk of the superior court that the filing fee has been waived."
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.

MONDAY, FEBRUARY 14, 1994

655

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 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 Guhl Harbison Hemmer Henson Hill Hooks Isakson Kemp Langford of 29th Madden Marable McGuire Middleton Newbill

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

Not voting were Senators Huggins and Langford of 35th.

On the passage of the bill, the yeas were 54, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute.

SB 557. By Senators Langford of the 29th, Kemp of the 3rd, Madden of the 47th and others:
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to change the definitions of the offenses of statu tory rape, child molestation, and enticing a child for indecent purposes.

The Senate Special Judiciary Committee offered the following substitute to SB 557:

A BILL
To be entitled an Act to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to change the definitions of the offenses of statutory rape, child molestation, and enticing a child for indecent purposes; 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 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, is amended by striking in its entirety subsection (a) of Code Section 16-6-3, relating to the offense of statutory rape, and inserting in lieu thereof a new subsection to read as follows:
"(a) A person who is more than three years older than the victim commits the offense of statutory rape when he or she engages in sexual intercourse with any fenwrf* person under

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the age of 14 16 years and not his or her spouse, provided that no conviction shall be had for this offense on the unsupported testimony of the female victim."

Section 2. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 16-6-4, relating to the offense of child molestation, and inserting in lieu thereof a new subsection to read as follows:

"(a) A person commits the offense of child molestation when he or she does any im moral or indecent act to or in the presence of or with any child under the age of 44 16 years with the intent to arouse or satisfy the sexual desires of either the child or the person."

Section 3. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 16-6-5, relating to the offense of enticing a child for indecent purposes, and inserting in lieu thereof a new subsection to read as follows:

"(a) A person commits the offense of enticing a child for indecent purposes when he or she solicits, entices, or takes any child under the age of i4 16 years to any place whatsoever FoTthe purpose of child molestation or indecent acts."

Section 4. All laws and parts of laws in conflict with this Act are repealed.
Senators McGuire of the 30th, Boshears of the 6th et al. offered the following amendment:
Amend the Senate Special Judiciary Committee substitute to SB 557 by striking from lines 14 and 15 of page 1 the following:

"who is more than three years older than the victim".

Senator Robinson of the 16th moved that SB 557 be committed to the Senate Commit tee on Special Judiciary.
On the motion, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Bowen Broun of 46th BCrhoewekns of 26th
Coleman
Farrow
Gillis Harbison

Hemmer Henson Hill Hookg ,," ugg ' ns
Marable
Middleton
Oliver Pollard

Ragan of llth Ray Robinson Scott S,,,lot..m
Starr
Taylor
Turner Walker

Those voting in the negative were Senators:

Alien Baugh Blitch BBousrthoenars
Clay
Crotts
Day Dean

Edge Egan Glanton GGouchhl enour
Isakson
Kemp
Langford of 29th Madden

McGuire Newbill Parrish v^agan fe 3O2Qn^dJ
Ralston
Thomas
Thompson Tysinger

Not voting were Senators Langford of 35th and Perdue.

On the motion, the yeas were 28, nays 26; the motion prevailed, and SB 557 was com mitted to the Senate Committee on Special Judiciary.

MONDAY, FEBRUARY 14, 1994

657

Senator Newbill of the 56th moved that the Senate reconsider its action in committing SB 557 to the Senate Committee on Special Judiciary.
On the motion, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Balfour Blitch
Burton'" Cheeks Qav Crotts Day

Dean Edge Egan
Glanton Gochenour Guhl Isakson Kemp

Langford of 29th Madden McGuire
Newbi11 Ragan of 32nd Ralston Thompson Tysinger

Those voting in the negative were Senators:

Abernathy Baugh Bowen Broun of 46th B,-, roi wn of 26th parrow Gillis Harbison Hemmer

Henson Hill Hooks R ins M,, arab,,le Middleton Oliver Parrish Perdue

Pollard Ragan of llth Ray Robinson coco,t,t Slotin Taylor Turner Walker

Those not voting were Senators:

Langford of 35th

Starr

Thomas

On the motion, the yeas were 25, nays 28, and the motion lost.
The President announced that the Senate would stand in recess from 12:20 P.M. until 1:30 P.M.
The President called the Senate to order at 1:30 P.M.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bill of the House:
HB 1225. By Representatives Martin of the 47th, Watson of the 139th and Carlisle of the 107th: A bill to amend Article 12 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to ticket scalping, so as to provide that it shall be unlawful for any person to sell or offer for sale any ticket of admission or other evidence of right of entry to any entertainment event, including, but not limited to, athletic contests, concerts, theater performances, or other entertainments, amusements, or exhibitions to which the general public is admitted.

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JOURNAL OF THE SENATE

The Calendar was resumed.
SB 540. By Senator Brown of the 26th:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the "Fair Business Practices Act of 1975," so as to provide for bond requirements by sponsors and promoters of promotional contests or giveaways; to amend Code Section 44-3-188 of the Official Code of Georgia Anno tated, relating to offer of gifts or prizes, so as to change a cross-reference.
The Senate Consumer Affairs Committee offered the following substitute to SB 540:
A BILL
To be entitled an Act to amend Article 30 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to beauty pageants, so as to change definitions; to provide that all contests involving a judging and payment of an entrant's fee shall be covered by this article; to change requirements relating to a written notice for entrants; to clarify exemp tions; to change the bond amount; to provide for an alternative to bonds; to provide for escrow accounts; to provide for individual liability in certain circumstances; to provide for a felony penalty; to provide for forfeiture of funds to the state; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 30 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to beauty pageants, is amended by striking said article in its entirety and inserting in lieu thereof a new article to read as follows:
"ARTICLE 30
10-1-830. As used in this article, the term:
(1) 'Beauty pageant Contest' means any contest or competition in which entrants are judged on the basis of physical beauty, skill, talent, poise, and personality, abilities, attrib utes, compositions, performances, tests, essays, or any other measure of skill, ability, or at tributes and in which a winner or winners are selected as representing an ideal in one or more of these areas. 'Beauty pageant' Contest shall not include any such contest or competi tion in which no application fee or entrance charge is made for contestants, to which no admission charge is made for attendance, and in connection with which no tickets, er chances, advertisements, or sponsorships are sold.
(2) 'Entrant's fee' means any payment of money or other thing of value including, but not limited to, the selling of advertisements or tickets or the obtaining of sponsors, which activity is a precondition to participation in a beauty pageant contest.
(3) 'Operator' means any person, franchisee, firm or corporation, civil group, or elemen tary or secondary educational institution which promotes, organizes, or otherwise operates a beauty pageant contest, participation in which is limited to persons paying an entrant's fee.
10-1-831. Before accepting any entrant's fee, all operators shall provide to each entrant in writing the following a written document in at least ten-point type in Helvetica font containing only the following information:
(1) Name, address, and telephone number of the operator;
(2) Name, address, and telephone number of the individual or officer of the organization having full responsibility for the conducting of the pageant contest;
(3) Names of pageants contests customarily promoted by the operator;
(4) Name and address of individual authorized to accept service of process;
(5) Name, address, and telephone number of the financial institution in which the en trants' fees are held; and

MONDAY, FEBRUARY 14, 1994

659

(6) Name, address, and telephone number of the surety company maintaining the bond required by Code Section 10-1-832?;
(7) A statement which reads as follows: 'The State of Georgia requires bonding or es crow of contests conducted for the profit of operators'; and
(8) A statement of the total value of the prizes offered.
10-1-832. Except for operators who are exempt from the requirements of this Code sec tion, in accordance with Code Section 10-1-833, each operator shall maintain a bond in an amount equal to no less than double the amount of the total represented value of the prizes offered $10,000.00 with a surety company duly authorized to do business in this state or post a cash bond in such amount, payable to the Governor of this state. Such bond shall be for the use and benefit of any person who has paid any entrant's fee for a beauty pageant contest. Such bond shall be conditioned to pay all losses, damages, and expenses that may be sustained by such person by reason of any violation of this title. Nothing contained in this Code section shall require a copy of the bond to be filed with any government agency. Any person who complies with the requirements of Code Section 10-1-837 shall not be re quired to post the bond required by this Code sectionT
10-1-833. No bond shall be required from nonprofit organizations, bona fide civic clubs in existence for at least one year, churches, religious organizations, and groups, fairs, or festivals affiliated with schools or political subdivisions, or from any other pageant contest which confers no benefit upon any participant other than any or all of the following which in the aggregate have a total value of no more than $100.00: a beauty title, a crown, a tro phy, a ribbon, or a sash. To be exempt from Code Section 10-1-832 under this Code section, contests conducted by individuals or businesses to raise funds for nonprofit organizations shall award 100 percent of the moneys generated by the contest to the nonprofit organiza tion and the nonprofit organization may, if previously agreed, then pay the expenses in curred in conducting the contest
10-1-834. If a beauty pageant contest is canceled or fails to take place, all entrants' fees shall be promptly refunded by the operator. The For contests subject to Code Section 10-1832, the surety shall be liable for any unrefunded entrants' fees in the case of a default by the operator.
10-1-835. Any violation of this article shall be considered a violation of Part 2 of Article 15 of this chapter, the 'Fair Business Practices Act of 1975,' as administered by the Gover nor's Office of Consumer Affairs, and all public and private remedies available under such part shall be available regarding violations of this article.
10-1-836. Any person, firm, corporation, organization, partnership, entity, or operator violating any provision of this article shall be guilty of a misdemeanor felony.
10-1-837. In lieu of obtaining the bond required by Code Section 10-1-832, any operator may "place all entrants' fees in an escrow account from which the operator cannot and does not withdraw any funds until the contest has been held and all awards have been made. If the operator elects this option, in lieu of the information required by paragraph (6) of Code Section 10-1-831, the operator shall provide in the written statement the name, address, and telephone number of the financial institution where the escrow account is maintained and the account number of the escrow account. The operator shall maintain a record of each escrow account established for a period of five years after the account is closecT
10-1-838. Any individual who fails to comply with either Code Section 10-1-832 or 10-1837 snail be individually liable for any damages or losses suffered by any participant in a contest, without regard to whether the contest operator is structured as a corporation, part nership, limited partnership, or any other form of business entity.
10-1-839. In any contest in which the prize is not awarded, the balance of any bond or escrow account left after each participant has been paid for his or her damages shall be forfeited to the state."

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Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Brown of the 26th offered the following amendment:
Amend the substitute to SB 540 offered by the Committee on Consumer Affairs by s"tcriivkiicn"g. the word, "civil", on page 2, line 17, and substituting in lieu thereof the word,

On the adoption of the amendment, the yeas were 34, nays 0, and the Brown amend ment was adopted.
On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Balfour Baugh Boshears Broun of 46th Brown of 26th Burton Cheeks Clay Crotts Dean Farrow Gillis Glanton

Gochenour Guhl Harbison Hemmer Henson Hill Hooks Huggins Isakson Langford of 29th Madden Marable McGuire Middleton

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

Those not voting were Senators:

Abernathy
Blitch Bowen Coleman Day

Edge
Egan Kemp Langford of 35th Oliver

Parrish Ragan of llth
Scott Thompson

On the passage of the bill, the yeas were 42, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute.

SB 82. By Senator Walker of the 22nd:
A bill to amend Code Section 47-7-100 of the Official Code of Georgia Annotated, relating to eligibility for pension benefits under the Georgia Firemen's Pension Fund, so as to reduce the number of years required for vesting from 20 to 15 years and to provide for early retirement at the age of 45 years with reduced benefits; to provide conditions for an effective date and automatic repeal.

The following Fiscal Notes, as required by law, were read by the Secretary:

MONDAY, FEBRUARY 14, 1994

661

TO:
FROM: DATE: SUBJECT:

DEPARTMENT OF AUDITS 254 Washington Street, S.W.
Room 214 Atlanta, Georgia 30334-8400
STATE AUDITOR'S CERTIFICATION
The Honorable Bill Cummings, Chairman House Retirement Committee
Claude L. Vickers, State Auditor
January 7, 1993
Senate Bill 82 (LC 21 1987) Georgia Firemen's Pension Fund

This bill would reduce the number of years required for vesting in the Georgia Fire men's Pension Fund from 20 to 15 years. The bill also provides for early retirement at the age of 45 years with reduced benefits.
This is to certify that this is a fiscal retirement bill as defined in the Public Retirement Systems Standards Law.
/s/ Claude L. Vickers State Auditor

DEPARTMENT OF AUDITS 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400
January 28, 1994
The Honorable Waymond Huggins, Chairman Senate Retirement Committee State Capitol Atlanta, Georgia 30334
SUBJECT: State Auditor's Certification Senate Bill 82 (Substitute) LC 21 2664S Georgia Fireman's Pension Fund
Dear Senator Huggins:
This bill would reduce the number of years required for vesting in the Georgia Fire men's Pension Fund from 20 to 15 years. The bill deletes the provisions relating to early retirement at age 45.
This is to certify that the changes made in this substitute bill are a reduction in cost amendment as defined in the Public Retirement Systems Standards Law.
Sincerely,
is/ Claude L. Vickers State Auditor

The Senate Retirement Committee offered the following substitute to SB 82:

A BILL
To be entitled an Act to amend Code Section 47-7-100 of the Official Code of Georgia Annotated, relating to eligibility for pension benefits under the Georgia Firemen's Pension Fund, so as to reduce the number of years required for vesting from 20 to 15 years; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE SENATE

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 47-7-100 of the Official Code of Georgia Annotated, relating to eligibility for pension benefits under the Georgia Firemen's Pension Fund, is amended by striking in its entirety subsection (c) and inserting in lieu thereof the following:
"(c) Any eligible member who terminates service as a fireman or volunteer fireman after at least 26 15 years of service, upon application to and approval by the board, shall have a vested righfln and to a monthly benefit payable for the member's lifetime equal to a pro rata aharo amount of the maximum monthly retirement benefit provided in subsection (b) of this Code section in effect on the date of such termination of service, and the benefit under thia subsection which amount shall be determined by the ratio of years served, being not less than 36 15 nor more than 25, to the full 25 year service retirement. The ratio shall be determined wEcn the member terminates service as a fireman or volunteer fireman. Such benefits shall commence on the date of the member's retirement from the fund following the member's reaching 66 years of age or the member's termination of ocrvicc as a fireman or volunteer fireman, whichever is later. Such benefits shall become payable when the member reaches 55 years of age or when he or she terminates employment as a fireman or volunteer fireman, whichever is later."
Section 2. This Act shall become effective on July 1, 1994, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1994, as required by subsection (a) of Code Section 47-20-50.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Balfour Baugh Boshears
Bowen Broun of 46th Brown of 26th BChuerteokns Clay Crotts Tj ay Dean Egan Farrow Gillis

Glanton Gochenour Guhl Harbison
Hemmer Hengon Hm ,,"oo.ks Huggins Isakson Langford of 29th Madden Marable McGuire Middleton

Those not voting were Senators:

Abernathy Blitch Coleman Edge

Kemp Langford of 35th Oliver

Newbill Perdue Pollard Ragan of 32nd
Ralston R Robinson So co*t*t Slotin Starr Taylor Thomas Turner Tysinger Walker
Parrish Ragan of llth Thompson

MONDAY, FEBRUARY 14, 1994

663

On the passage of the bill, the yeas were 46, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
SB 517. By Senators Thomas of the 10th, Ragan of the llth, Hemmer of the 49th and Slotin of the 39th:
A bill to amend Code Section 16-5-71 of the Official Code of Georgia Annotated, relating to tattooing, so as to increase the minimum age at which a person may obtain a tattoo; to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to define certain terms; to provide for penalties; to au thorize more stringent local regulation.
The Senate Health and Human Services Committee offered the following substitute to SB 517:
A BILL
To be entitled an Act to amend Code Section 16-5-71 of the Official Code of Georgia Annotated, relating to tattooing, so as to increase the minimum age at which a person may obtain a tattoo; to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to define certain terms; to provide for inspection and permitting of tattoo stu dios; to provide for issuance, suspension, and revocation of permits; to provide for notice and a hearing; to provide for issuance of rules and regulations; to provide for regulation by local governments; to provide for enforcement; to prohibit certain behavior; to provide for penalties; to authorize more stringent local regulation; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 16-5-71 of the Official Code of Georgia Annotated, relating to tattooing, is amended by striking said Code section in its entirety and inserting in lieu thereof the following:
"16-5-71. (a) It shall be unlawful for any person to tattoo the body of any person under the age of W 18, except that a physician or osteopath licensed under Chapter 34 of Title 43, or a technician acting under the direct supervision of such licensed physician or osteopath, and in compliance with Chapter 9 of Title 31 shall be authorized to mark or color the skin of any person under the age of K 18 by pricking in coloring matter or by producing scars for medical or cosmetic purposes.
(b) Any person violating the provisions of subsection (a) of this Code section shall be guilty of a misdemeanor."
Section 2. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by adding at the end a new chapter to read as follows:
"CHAPTER 40
31-40-1. As used in this chapter, the term:
(1) 'Tattoo' means to mark or color the skin by pricking in, piercing, or implanting indelible pigments or dyes under the skin.
(2) 'Tattoo artist' means any person who performs tattooing, except that the term tat too artist shall not include in its meaning any physician or osteopath licensed under Chap ter 34 of Title 43, nor shall it include any technician acting under the direct supervision of such licensed physician or osteopath, pursuant to subsection (a) of Code Section 16-5-71.
(3) 'Tattoo studio' means any facility or building on a fixed foundation wherein a tattoo artist performs tattooing.

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31-40-2. It shall be unlawful for any person to operate a tattoo studio without having first obtained a valid permit for such studio. Such permits shall be issued by the county board of health or its duly authorized representative, subject to supervision and direction by the Department of Human Resources but, where the county board of health is not function ing, the permit shall be issued by the department. A permit shall be valid until suspended or revoked and shall not be transferable with respect to person or location.
31-40-3. The county boards of health may suspend or revoke permits where the health and safety of the public requires such action. When, in the judgment of such board or its duly authorized agents, it is necessary and proper that such application for a permit be denied or that a permit previously granted be suspended or revoked, the applicant or holder of the permit shall be so notified in writing and shall be afforded an opportunity for hearing as provided in Article 1 of Chapter 5 of this title. In the event that such application is finally denied or such permit finally suspended or revoked, the applicant for or holder of such permit shall be given notice in writing, which notice shall specifically state the reasons why the application or permit has been suspended, revoked, or denied.
31-40-4. Any person substantially affected by any final order of the county board of health denying, suspending, revoking, or refusing to renew any permit provided under this chapter may secure review thereof by appeal to the department as provided in Article 1 of Chapter 5 of this title.
31-40-5. (a) The Department of Human Resources and county boards of health shall have the power to adopt and promulgate rules and regulations to ensure the protection of the public health. Such rules and regulations shall prescribe reasonable standards for health and safety of tattoo studios with regard to:
(1) Location and cleanliness of facilities;
(2) Sterilization and Occupational Safety and Health Administration guidelines for the prevention and spread of infectious diseases by all personnel;
(3) Informed consent by the person receiving a tattoo;
(4) Procedures for ensuring adequate explanation to consumers of the proper subse quent care of a tattoo; and
(5) Proper use and maintenance of tattoo equipment, including dyes and pigments.
(b) County boards of health are empowered to adopt and promulgate supplementary rules and regulations consistent with those adopted and promulgated by the department.
31-40-6. The Department of Human Resources and the county boards of health and their duly authorized agents are authorized and empowered to enforce compliance with this chapter and the rules and regulations adopted and promulgated under this chapter and, in connection therewith, to enter upon and inspect the premises of a tattoo studio at any rea sonable time and in a reasonable manner, as provided in Article 2 of Chapter 5 of this title.
31-40-7. Any person, firm, or corporation operating a tattoo studio without a valid per mit or performing tattooing outside of a license tattoo studio shall be guilty of a misdemeanor.
31-40-8. The Department of Human Resources is authorized and directed to develop and institute a program of public education for the purpose of alerting the public to the possible side effects and exposure risks of tattooing.
31-40-9. Notwithstanding any other provision of this chapter, the governing authority of any county or municipality may enact more stringent laws governing tattooing.
31-40-10. Nothing in this Act shall be construed to repeal the provisions of Code Sec tion 16-12-5."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

MONDAY, FEBRUARY 14, 1994

665

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 Balfour Baugh Boshears Bowen Broun of 46th Brown of 26th
Burton Cheeks Clay Crotts Day Dean Egan Farrow Gillis

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

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

Those not voting were Senators:

Abernathy Blitch Coleman

Edge Langford of 35th Oliver

Parrish Thompson

On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute.

SB 572. By Senators Coleman of the 1st and Hill of the 4th:
A bill to amend Article 1 of Chapter 2 of Title 50 of the Official Code of Georgia Annotated, relating to the boundaries and jurisdiction of the state, so as to pro vide that the boundary between Georgia and South Carolina be specified and described effective upon the approval of both states and the consent of the Con gress of the United States pursuant to Article I, Section 10 of the United States Constitution.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
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 Gillis Glanton Gochenour Guhl

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JOURNAL OF THE SENATE

Harbison Hemmer Henson
TM " ooks

McGuire Middleton Newbill
Oliver Perdue

KT K em p Langford of 29th Madden Marable

Ragan of llth Ragan of 32nd Ralston Ray

Those not voting were Senators:

Abernathy Edge

Langford of 35th

Robinson Scott Slotin Starr Taylor
Thompson Turner Tysinger Walker
Parrish

On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 548. By Senators Hemmer of the 49th, Hill of the 4th, Marable of the 52nd and Henson of the 55th:
A bill to amend Chapter 4A of Title 49 of the Official Code of Georgia Anno tated, relating to children and youth services, so as to provide that an assessment of risk be completed on each youth prior to the youth's placement in a private family attention home; to provide that the plan of care address the needs of the youth for adult supervision and structured after-school activities and for other treatment needs.

The Senate Youth, Aging and Human Ecology Committee offered the following amendment:
Amend SB 548 by inserting on line 2 of page 2 after the word "developed" the following:
"within 72 hours after placement".
On the adoption of the amendment, the yeas were 44, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Crotts Day Dean Edge Egan Farrow Gillis Glanton Gochenour Guhl Harbison Hemmer

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

MONDAY, FEBRUARY 14, 1994

667

Oliver Perdue Ragt'of Hth Ragan of 32nd Ralston

Ray Robinson Scott Slotin Starr

Those not voting were Senators:

Abernathy Langford of 35th

Parrish

Taylor Thomas Th m P son Turner Tysinger
Walker

On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed as amended.

SR 461. By Senators Marable of the 52nd, Hill of the 4th, Perdue of the 18th and others:
A resolution acknowledging the contributions of senior Georgians and establish ing February 8-10, 1994, as Senior Days at the state capitol.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Gillis Glanton Gochenour Guhl Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable McGuire 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:

Abernathy

Langford of 35th

Parrish

On the adoption of the resolution, the yeas were 53, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

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JOURNAL OF THE SENATE

HB 1298. By Representative Buck of the 135th:
A bill to amend Article 4 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to public officials conduct and lobbyist disclosure, so as to provide for the applicability of such provisions to certain activities relating to the influencing of certain actions of certain local public officers and employees.
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:

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

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

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

Those not voting were Senators:

Abernathy Broun of 46th

Langford of 35th Parrish

Walker

On the passage of the bill, the yeas were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1215. By Representatives Buck of the 135th, Culbreth of the 132nd, Taylor of the 134th and others: 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 change provisions relating to nonpartisan elections for local government offices.
Senate Sponsor: Senator Robinson of the 16th.
The Senate Ethics Committee offered the following amendment:
Amend HB 1215 by striking line 1 of page 2 and inserting in lieu thereof the following:
"county or consolidated governments which was filled by the vote of.

MONDAY, FEBRUARY 14, 1994

669

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:

Boshears Broun of 46th Egan

Langford of 29th Perdue

Thompson Turner

Those voting in the negative were Senators:

Alien Balfour Baugh Blitch Bowen Brown of 26th Burton Cheeks Clay Coleman Crotts Day Dean Edge Farrow Gillis

Glanton Gochenour Guhl Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Madden Marable McGuire Middleton

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

Those not voting were Senators:

Abernathy

Langford of 35th

Parrish

On the adoption of the amendment, the yeas were 7, nays 46, 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 Bowen Broun of 46th Burton Cheeks Clay Coleman Crotts Dean Edge

Egan Gillis Harbison Hemmer Hill Isakson Kemp Langford of 29th Marable Middleton Perdue

Pollard Ragan of llth Ragan of 32nd Ray Robinson Scott Slotin Taylor Thomas Thompson Tysinger

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Those voting in the negative were Senators:

Alien Balfour Blitch Brown of 26th Day Farrow Glanton

Gochenour Guhl Henson Huggins Madden McGuire

Those not voting were Senators:

Abernathy Hooks

Langford of 35th

Newbill Oliver Ralston Starr Turner Walker
Parrish

On the passage of the bill, the yeas were 33, nays 19.
The bill, having received the requisite constitutional majority, was passed.
Senator Ray of the 19th moved that the Senate do now adjourn until 9:30 A.M. to morrow; the motion prevailed, and the President announced the Senate adjourned at 2:28 P.M.

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671

Senate Chamber, Atlanta, Georgia Tuesday, February 15, 1994
Twenty-second Legislative Day

The Senate met pursuant to adjournment at 9:30 A.M. today and was called to order by the President.
Senator Muggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1739. By Representative Hudson of the 156th:
A bill to create a board of elections and registration in Ben Hill County.
HB 1748. By Representatives Dobbs of the 92nd and Stancil of the 91st:
A bill to amend the Newton County Water and Sewerage Authority Act, so as to authorize the issuance of additional negotiable revenue bonds and provide cer tain limitations with regard thereto.
HB 1752. By Representative Yeargin of the 90th:
A bill to amend an Act creating a Board of Commissioners of Oglethorpe County; to provide for monthly meetings.
HB 1753. By Representatives Bordeaux of the 151st, Johnson of the 153rd, Mueller of the 152nd, Johnson of the 148th and Pelote of the 149th:
A bill to amend an Act providing for the compensation of certain officials in Chatham County, so as to change the compensation of certain officials.
HB 1326. By Representatives Godbee of the 145th, Purcell of the 147th, Sinkfield of the 57th, Sherrill of the 62nd and White of the 161st:
A bill to amend Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational programs in public elementary and secondary schools, so as to provide for legislative intent; to provide for a uniform grading system for certain purposes.
HB 633. By Representatives Cauthorn of the 35th, Watts of the 26th, Barnes of the 33rd, Cummings of the 27th and Bostick of the 165th:
A bill to amend Article 5 of Chapter 9 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits and eligibility for benefits under the Superior Court Judges Retirement System and related matters, so as to provide that retirement benefits under such retirement system shall be calculated with regard to a judge then serving in the office from which a member retired so that retired members shall receive an increase in retirement benefits based upon any increase received by active judge.

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HB 1195. By Representative Watson of the 139th:
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 require vendors selling or offering for sale certain personal property at flea markets and nonregistered ven dors to maintain certain records.
HB 1000. By Representative Benefield of the 96th:
A bill to amend Article 2A of Chapter 5 of Title 40 of the Official Code of Geor gia Annotated, relating to suspension of licenses, so as to provide for additional drug related crimes for which a person's driver's license shall be suspended.
HB 1405. By Representatives Hart of the 116th, Brown of the 117th, Childers of the 13th, Padgett of the 119th and Howard of the 118th:
A bill to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to provide for release of medical records to certain entities.
HB 862. By Representatives Holmes of the 53rd and Dixon of the 168th:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to provide that public or private water suppliers may not refuse to supply water to certain property because of the indebtedness of a prior owner, prior occupant, or prior lessee.
HB 1417. By Representatives Thomas of the 100th, Cauthorn of the 35th and Chambless of the 163rd:
A bill to amend Article 7 of Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to depositions in criminal proceedings, so as to provide when such depositions may be taken; to provide the manner in which such depositions shall be taken; to provide for the payment of the costs of such depositions.
HB 1389. By Representatives Twiggs of the 8th, Davis of the 48th, Mobley of the 86th, Jenkins of the 110th, Streat of the 167th and others:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, known as the "Georgia Peace Officer Standards and Training Act," so as to change the time at which a candidate is required to complete the basic training

HB 1443. By Representatives Murphy of the 18th, Groover of the 125th and Walker of the 141st:
A bill to amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, the "Georgia Administrative Procedure Act," so as to create the Office of State Administrative Hearings; to provide for appellate review of orders of the superior courts in review of contested cases.
HB 1314. By Representatives Godbee of the 145th, Thomas of the 100th, Murphy of the 18th, Purcell of the 147th, Smith of the 175th and others:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," so as to change definitions relat ing to capital outlay funds for education; to provide for policies, guidelines, stan dards, and responsibilities of the State Board of Education with regard to capital outlay projects; to change certain conditions relating to sparsity grants.

TUESDAY, FEBRUARY 15, 1994

673

The House insists on its position in amending the following bill of the Senate:
SB 12. By Senators Scott of the 36th, Dawkins of the 45th, Broun of the 46th, Clay of the 37th, Oliver of the 42nd and others:
A bill to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to provide that licensed firearms dealers comply with certain requirements prior to the sale or delivery of a firearm; to amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center; to amend Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to costs in probate courts.
The House has disagreed to the Senate amendment to the following bill of the House:
HB 1183. By Representative Lane of the 55th:
A bill to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against the public health and morals, so as to change the definition of recreational bingo; to authorize nonprofit organizations who are li censed to operate bingo games to operate recreational games.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 637. By Senator Oliver of the 42nd:
A bill to amend Code Section 9-15-14 of the Official Code of Georgia Annotated, relating to litigation costs and attorney's fees in frivolous actions, so as to provide that a motion for attorney's fees may be made at any time during the course of the action. Referred to Committee on Judiciary.
SB 638. By Senator Newbill of the 56th:
A bill to amend an Act providing for the number and election of members of the Board of Education of Fulton County, as amended, so as to change the provisions relating to vacancies on that board. Referred to Committee on Urban and County Affairs.
SB 639. By Senator Alien of the 2nd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for meetings of boards of registrars; to provide for absentee registration and voting by certain United States citizens permanently residing overseas who have never lived in the United States under certain cir cumstances; to provide for storage of registration cards which have been micro filmed or electronically imaged; to provide for first-class mail notice of a hearing regarding the right of a person to remain on the list of electors. Referred to Committee on Ethics.
SB 640. By Senators Coleman of the 1st and Alien of the 2nd:
A bill to provide for the creation of one or more community improvement dis tricts in Chatham County and in each municipality therein; to provide for a short title; to provide for the purposes of said districts; to provide for definitions; to provide for boards to administer said districts; to provide for the appointment

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and election of members of said boards; to provide for taxes, fees, and assess ments; to provide for the boundaries of said districts. Referred to Committee on Urban and County Affairs.
SB 641. By Senators Coleman of the 1st and Alien of the 2nd:
A bill to create the Chatham County Recreation Authority and to authorize such authority to acquire, construct, equip, maintain, and operate athletic and recrea tional centers, facilities, and areas, including, but not limited to, playgrounds, parks, hiking, camping, and picnicking areas and facilities, swimming and wading pools, lakes, tennis courts, athletic fields and courts, club houses, gymnasiums, auditoriums, youth centers, senior citizen centers, stadiums, related buildings. Referred to Committee on Urban and County Affairs.
SB 642. By Senator Madden of the 47th:
A bill to amend Chapter 10A of Title 43 of the Official Code of Georgia Anno tated, the "Professional Counselors, Social Workers, and Marriage and Family Therapists Licensing Law," so as to change the provisions relating to definitions; to change certain exemptions from licensing; to change the licensing require ments for professional counseling. Referred to Committee on Health and Human Services.
SB 643. By Senators Ragan of the 32nd, Thompson of the 33rd, Clay of the 37th and Isakson of the 21st:
A bill to amend an Act creating the Board of Commissioners of Cobb County, as amended, so as to change the description of Commissioner Districts 2 and 4; to provide for a submission. Referred to Committee on Urban and County Affairs.
SB 644. By Senator Hill of the 4th:
A bill to amend Code Section 20-2-989.1 of the Official Code of Georgia Anno tated, relating to classifications for certificated personnel established by the State Board of Education remaining in effect, so as to change the provisions providing exceptions to the transfer of functions to the Professional Standards Commission. Referred to Committee on Education.
SB 645. By Senators Robinson of the 16th, Ray of the 19th, Edge of the 28th and Oliver of the 42nd:
A bill to repeal certain obsolete and superseded laws and provisions of the Offi cial Code of Georgia Annotated, based upon classification by population; to pro vide for legislative intent; to repeal codified and uncodified laws; to amend Code provisions to strike cross-references to repealed laws. Referred to Committee on Urban and County Affairs (General).
SB 646. By Senator Henson of the 55th:
A bill to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to provide for restrictions on electronic moni toring by employers; to provide for a short title; to provide for definitions; to require employers engaging in electronic monitoring of employees to post and otherwise distribute certain notices; to provide for the execution of statements; to provide for practices, procedures, and requirements. Referred to Committee on Science, Technology and Industry.

TUESDAY, FEBRUARY 15, 1994

675

SB 647. By Senators Hill of the 4th, Ragan of the llth, Taylor of the 12th and Gillis of the 20th:
A bill to amend Part 5 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational program weights and funding, so as to provide for migrant student grants for schools; to provide for a definition. Referred to Committee on Education.
SR 509. By Senators Coleman of the 1st and Alien of the 2nd:
A resolution proposing an amendment to the Constitution so as to allow owners of real property located in an industrial area on an island by virtue of Article XI, Section I, Paragraph IV of the Constitution to irrevocably remove such property and adjacent public rights of way from the industrial area; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Judiciary.
SR 512. By Senators Hemmer of the 49th, Gillis of the 20th, Henson of the 55th and Madden of the 47th:
A resolution creating the Joint Study Committee on Environmental Education. Referred to Committee on Rules.
The following bills of the House were read the first time and referred to committees:
HB 633. By Representatives Cauthorn of the 35th, Watts of the 26th, Barnes of the 33rd and others:
A bill to amend Article 5 of Chapter 9 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits and eligibility for benefits under the Superior Court Judges Retirement System and related matters, so as to provide that retirement benefits under such retirement system shall be calculated with regard to a judge then serving in the office from which a member retired so that retired members shall receive an increase in retirement benefits based upon any increase received by active judge. Referred to Committee on Retirement.
HB 862. By Representatives Holmes of the 53rd and Dixon of the 168th:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to provide that public or private water suppliers may not refuse to supply water to certain property because of the indebtedness of a prior owner, prior occupant, or prior lessee. Referred to Committee on Urban and County Affairs (General).
HB 1000. By Representative Benefield of the 96th:
A bill to amend Article 2A of Chapter 5 of Title 40 of the Official Code of Geor gia Annotated, relating to suspension of licenses, so as to provide for additional drug related crimes for which a person's driver's license shall be suspended. Referred to Committee on Special Judiciary.
HB 1195. By Representative Watson of the 139th: 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 require vendors selling or offering for sale certain personal property at flea markets and nonregistered ven dors to maintain certain records.
Referred to Committee on Science, Technology, and Industry.

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JOURNAL OF THE SENATE

HB 1225. By Representatives Martin of the 47th, Watson of the 139th and Carlisle of the 107th:
A bill to amend Article 12 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to ticket scalping, so as to provide that it shall be unlawful for any person to sell or offer for sale any ticket of admission or other evidence of right of entry to any entertainment event, including, but not limited to, athletic contests, concerts, theater performances, or other entertainments, amusements, or exhibitions to which the general public is admitted.
Referred to Committee on Economic Development, Tourism and Cultural Affairs.
HB 1314. By Representatives Godbee of the 145th, Thomas of the 100th, Murphy of the 18th and others:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," so as to change definitions relat ing to capital outlay funds for education; to provide for policies, guidelines, stan dards, and responsibilities of the State Board of Education with regard to capital outlay projects; to change certain conditions relating to sparsity grants.
Referred to Committee on Education.
HB 1326. By Representatives Godbee of the 145th, Purcell of the 147th, Sinkfield of the 57th and others:
A bill to amend Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational programs in public elementary and secondary schools, so as to provide for legislative intent; to provide for a uniform grading system for certain purposes.
Referred to Committee on Education.
HB 1389. By Representatives Twiggs of the 8th, Davis of the 48th, Mobley of the 86th and others:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, known as the "Georgia Peace Officer Standards and Training Act," so as to change the time at which a candidate is required to complete the basic training course.
Referred to Committee on Public Safety.
HB 1405. By Representatives Hart of the 116th, Brown of the 117th, Childers of the 13th and others:
A bill to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to provide for release of medical records to certain entities.
Referred to Committee on Special Judiciary.
HB 1417. By Representatives Thomas of the 100th, Cauthorn of the 35th and Chambless of the 163rd:
A bill to amend Article 7 of Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to depositions in criminal proceedings, so as to provide when such depositions may be taken; to provide the manner in which such depositions shall be taken; to provide for the payment of the costs of such depositions.
Referred to Committee on Judiciary.

TUESDAY, FEBRUARY 15, 1994

677

HB 1443. By Representatives Murphy of the 18th, Groover of the 125th and Walker of the 141st: A bill to amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, the "Georgia Administrative Procedure Act," so as to create the Office of State Administrative Hearings; to provide for appellate review of orders of the superior courts in review of contested cases.
Referred to Committee on Judiciary.
HB 1739. By Representative Hudson of the 156th: A bill to create a board of elections and registration in Ben Hill County.
Referred to Committee on Urban and County Affairs.
HB 1748. By Representatives Dobbs of the 92nd and Stancil of the 91st: A bill to amend the Newton County Water and Sewerage Authority Act, so as to authorize the issuance of additional negotiable revenue bonds and provide cer tain limitations with regard thereto.
Referred to Committee on Urban and County Affairs.
HB 1752. By Representative Yeargin of the 90th: A bill to amend an Act creating a Board of Commissioners of Oglethorpe County; to provide for monthly meetings.
Referred to Committee on Urban and County Affairs.
HB 1753. By Representatives Bordeaux of the 151st, Johnson of the 153rd, Mueller of the 152nd and others: A bill to amend an Act providing for the compensation of certain officials in Chatham County, so as to change the compensation of certain officials.
Referred to Committee on Urban and County Affairs. The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Defense and Veterans Affairs has had under consideration the fol lowing bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 528. Do pass. SB 547. Do pass.
Respectfully submitted,
Senator Harbison of the 15th 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 1194. Do pass.
Respectfully submitted, Senator Pollard of the 24th District, Chairman

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JOURNAL OF THE SENATE

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

SB 541. SB 555. SB 626. HB 1254.

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

Respectfully submitted,

Senator Oliver of the 42nd District, Chairman

Mr. President:

The Committee on Public Safety has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:

HB 838. Do pass by substitute.

Respectfully submitted,

Senator Bowen of the 13th District, Chairman

Mr. President:

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

SB 507. SB 613. HB 690.

Do pass. Do pass. Do pass by substitute.

HB 1233. HB 1265. HB 1266.

Do pass. Do pass. Do pass.

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 1554. Do pass.

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 230. Do pass. HB 1576. Do pass.

Respectfully submitted,

Senator Huggins of the 53rd District, Chairman

TUESDAY, FEBRUARY 15, 1994

679

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 1188. Do pass. HB 1189. Do pass. HB 1420. Do pass by substitute.
Respectfully submitted,
Senator Egan of the 40th District, Chairman

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 607. Do pass by substitute.
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 1691. Do pass. HB 1692. Do pass.

HB 1678. Do pass. HB 1679. 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 Blitch Boshears
Bowen Broun of 46th Brown of 26th urtn CC1heeks Coleman Crotts j}ay Dean Edge Egan Farrow

Glanton Gochenour Guhl Hemmer
Henson Hooks Huggins Isakson ,,K. emp Langford of 29th Madden Marable McGuire Middleton Newbill Oliver

Parrish Perdue Pollard Ragan of llth
Ragan of 32nd Ralston Ray Robinson ,S, cott Slotin Starr Taylor Thomas Thompson Turner Tysinger

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JOURNAL OF THE SENATE

Those not answering were Senators:

Abernathy Alien Gillis

Harbison Hill

Langford of 35th Walker

The President led the Senators in the Pledge of Allegiance to the Flag of the United

States of America.

Senator Dean of the 31st introduced the chaplain of the day, Dr. Jerry Mahan, pastor of Cedartown Baptist, Cedartown, Georgia, who offered scripture reading and prayer.

The following resolutions were read and adopted:

SR 510. By Senator Oliver of the 42nd:
A resolution recognizing the many refugees who have made their homes in Geor gia and commending them for their many contributions to our state.

SR 511. By Senators Perdue of the 18th, Coleman of the 1st, Tysinger of the 41st and others:
A resolution commending President John Patrick Crecine.

SR 513. By Senators Hill of the 4th, Bowen of the 13th, Pollard of the 24th and others: A resolution commending Sergeant Walt Taylor.

SR 514. By Senators Hill of the 4th, Bowen of the 13th, Pollard of the 24th and others: A resolution commending Officer Carry Wisham.

SR 515. By Senators Perdue of the 18th, Brown of the 26th, Ray of the 19th and others: A resolution commending Major General William P. Hallin, Commander, Warner Robins Air Logistics Center.
The following local, uncontested bills of the House, having been favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Tuesday, February 15, 1994
TWENTY-SECOND LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

HB 1678 Alien, 2nd Kemp, 3rd LIBERTY COUNTY
Amends an Act creating the board of education of the Liberty County School District, so as to provide for the term of office of members elected at the special election in 1993.

HB 1679 Alien, 2nd Kemp, 3rd LIBERTY COUNTY
Provides that vehicles shall be registered and licensed to operate for the en suing calendar year and thereafter in Liberty County during designated regis tration periods as provided in Code Section 40-2-21.

TUESDAY, FEBRUARY 15, 1994

681

HB 1691 Ragan, llth EARLY COUNTY
Amends an Act reconstituting the Board of Education of Early County, so as to change the provisions relating to the qualifications of members of the board of education.

HB 1692 Gillis, 20th JOHNSON COUNTY
Amends an Act to fix the compensation of the members of the Board of Edu cation of Johnson County, so as to change the compensation of the chairman of such boards.
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 26th Burton Cheeks Clay Crotts Day Dean Edge Egan Farrow

Gillis Glanton Gochenour Guhl Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Madden Marable McGuire Middleton Newbill

Those not answering were Senators:

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

Abernathy Coleman

Langford of 35th Langford of 29th

Starr

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

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

The following uncontested population bill of the Senate, favorably reported by the com mittee as listed on the SENATE GENERAL CONSENT CALENDAR FOR POPULA TION BILLS, was put upon its passage:

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JOURNAL OF THE SENATE

SENATE GENERAL CONSENT CALENDAR FOR POPULATION BILLS Tuesday, February 15, 1994
TWENTY-SECOND LEGISLATIVE DAY

SB 500 Glanton, 34th Langford, 35th Scott, 36th Abernathy, 38th Slotin, 39th Egan, 40th Newbill, 56th FULTON COUNTY
Amends an Act creating a purchasing department in counties having a popu lation of 200,000 or more, approved March 21, 1941, amended to apply to counties having a population of 550,000 or more by an Act approved March 25, 1980, as amended, so as to eliminate certain powers and duties of a county purchasing agent; to provide an effective date; to repeal conflicting laws.

The report of the committee, which was favorable to the passage of the bill as reported, was agreed to.
On the passage of the bill on the SENATE GENERAL CONSENT CALENDAR FOR POPULATION BILLS, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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 Guhl Harbison Hemmer Henson Hill Hooks Huggins Kemp Langford of 29th Madden Marable McGuire Middleton

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

Those not voting were Senators:

Abernathy Isakson

Langford of 35th Starr

Walker

On the passage of the population bill, the yeas were 51, nays 0.
The bill on the SENATE GENERAL CONSENT CALENDAR FOR POPULATION BILLS, having received the requisite constitutional majority, was passed.

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683

SENATE RULES CALENDAR
Tuesday, February 15, 1994
TWENTY-SECOND LEGISLATIVE DAY
SB 549 Driving With Open Alcohol Container--test blood alcohol (Amendment) (Judy--49th)
SB 444 General Assembly--jointly sponsored bills and resolutions (Rules--41st) SB 539 Telephone Service--access to live operator (F&PU--26th) SB 535 Juvenile Committing Certain Delinquent Act--relating to release (Substitute)
(S Judy--3rd) SB 589 Black History Month--designate February each year (EDT&C--2nd) SB 434 Professional Counselor License--certain student counselors exempt
(H&HS--55th) SB 511 Regional Mental Health, Substance Abuse Boards--limit terms (Substitute)
(H&HS--22nd) SB 583 Firemen's Pension Fund--volunteer firemen provisions (Ret--22nd) SB 570 Federal Community Development Block Grant Funds--expenditures (U&CA
G--54th) SB 498 Municipal Probation System--collection of certain delinquencies (Corr--33rd) SB 377 Employees' Retirement--Lake Lanier Island Development Authority officers,
employees (Substitute) (Ret--49th) SB 497 Municipal Voting Precincts--boundaries (Substitute) (Gov Op--33rd) SR 385 CA: Local Debt Obligation--referendum when over $1 million (F&PU--23rd) HB 109 Appeal by State in Criminal Case--cross appeal by defendant (Judy--42nd)
Groover--125th HB 574 Georgia Property Owners' Association Act--provide (Amendment)
(S Judy--21st) Cauthorn--35th HB 1235 Motor Vehicle Certificate of Title--perfection of security interests (Substitute)
(Pub Saf--23rd) Harris--112th (Pursuant to Senate Rule 143, final passage of the bill was suspended on Febru ary 11, 1994.) SB 55 State Officers, Employees--conditions to engage in political activities (Gov Op--2nd)
Respectfully submitted,
/s/ Scott of the 36th, Chairman Senate Rules Committee
Senator Robinson of the 16th, President Pro Tempore, assumed the Chair.
The following general bills were read the third time and put upon their passage:
SB 444. By Senator Tysinger of the 41st:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to the general provisions of the General Assembly, so as to authorize the General Assembly to introduce jointly sponsored bills and resolutions; to provide for the procedure of introducing jointly sponsored bills and resolutions; to pro vide for other related matters; to provide an effective date.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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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:

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

Gochenour Guhl
Harbison Hemmer Henson Hm Hookg

Oliver Parrish
Perdue Ragan of llth Ragan of 32nd Ralston Ray

CQIheeks Coleman Crotts Day Edge Egan Farrow Gillis

HIsuakgsgoinns KemP Langford of 29th Madden Marable McGuire Middleton Newbill

SSlco0ttitn Star,r Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Bowen Dean

Glanton Langford of 35th

Pollard Robinson (presiding)

On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 539. By Senator Brown of the 26th:
A bill to amend Part 1 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone service generally, so as to provide for access to a live telephone operator; to provide for submission to the Public Ser vice Commission; to provide for certain exceptions.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Dean Edge Egan Farrow Gillis Gochenour Guhl Harbison Hemmer Henson Hill Hooks Huggins

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

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685

Ralston Ray Scott Slotin

Starr Taylor Thomas Thompson

Those not voting were Senators:

Abernathy Bowen

Glanton Langford of 35th

Turner Tysinger Walker
Ragan of llth Robinson (presiding)

On the passage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 535. By Senators Kemp of the 3rd, Boshears of the 6th, Hill of the 4th and others:
A bill to amend Code Section 15-11-21 of the Official Code of Georgia Annotated, relating to release of juveniles where detention not warranted, so as to provide that only a judge may release from custody a juvenile who allegedly committed a delinquent act which if committed by an adult would constitute certain specified offenses; to provide an effective date.
The Senate Special Judiciary Committee offered the following substitute to SB 535:
A BILL
To be entitled an Act to amend Code Section 15-11-21 of the Official Code of Georgia Annotated, relating to release of juveniles where detention not warranted, so as to provide that only a judge may release from custody a juvenile who allegedly committed a delinquent act which if committed by an adult would constitute certain specified offenses; to provide for editorial changes; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 15-11-21 of the Official Code of Georgia Annotated, relating to release of juveniles where detention not warranted, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection to read as follows:
"(a) If a child is brought before the court or delivered to a detention or shelter care facility designated by the court, the intake or other authorized officer of the court shall immediately make an investigation and release the child unless it appears that his or her detention or shelter care is warranted or required under Code Section 15-11-18: ; provided, however, that only a judge of the juvenile court or a judge of the superior court exercising jurisdiction over juveniles in accordance with this chapter may decide to release a child who is alleged to be delinquent on the basis of having committed an act which if committed by an adult would be one of the following crimes:
(1) Murder;
(2) Rape;
(3) Aggravated sodomy;
(4) Armed robbery; or
(5) Aircraft hijacking or hijacking a motor vehicle;
provided, further, the provisions of this subsection shall not apply to cases over which the superior court exercises exclusive jurisdiction, so long as any such case remains under the jurisdiction 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.

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Section 3. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Balfour Baugh Blitch
Boshears Broun of 46th Burton
Clay Coleman Crotts Day Dean Edge Egan Farrow

Gillis Gochenour Guhl Hemmer
Henson Hm
uHooki s T HTuggm* s Isakson KemP Langford of 29th Madden Marable McGuire Middleton

Newbill Parrish Perdue Pollard
Ragan of llth R of 32nd
nRafls*ton T Rt ay Scott Slotin Taylor Thomas Thompson Turner Walker

Those not voting were Senators:

Abernathy Bowen Brown of 26th Glanton

Harbison Langford of 35th Oliver

Robinson (presiding) Starr Tysinger

On the passage of the bill, the yeas were 46, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. The President resumed the Chair.

SB 589. By Senator Alien of the 2nd:
A bill to amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to designate the month of February of each year as Georgia Black History Month.

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

Dean Egan Farrow Gillis Glanton Gochenour

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687

Guhl Hemmer Henson Hill Hooks Huggins Kemp Langford of 29th Madden Marable

McGuire 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 Bowen Brown of 26th

Edge Harbison Isakson

Langford of 35th Starr

On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 434. By Senator Henson of the 55th:
A bill to amend Code Section 43-10A-7 of the Official Code of Georgia Anno tated, relating to licensing requirements for professional counselors, so as to ex empt from the licensing requirements for professional counselors practitioners who are employees or student peer counselors of a public or private college or university in this state; to provide for an exception.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Baugh Blitch Boshears Broun of 46th Burton Cheeks Clay Crotts Day Dean Egan Farrow Gillis Gochenour

Guhl Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable McGuire Middleton Newbill Oliver

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

Voting in the negative were Senators Balfour and Ragan of 32nd.

Those not voting were Senators:

Abernathy Bowen Brown of 26th

Coleman Edge Glanton

Harbison Langford of 35th Starr

On the passage of the bill, the yeas were 45, nays 2.

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

JOURNAL OF THE SENATE

SB 511. By Senator Walker of the 22nd:
A bill to amend Code Section 37-2-5 of the Official Code of Georgia Annotated, relating to membership of regional mental health, mental retardation, and sub stance abuse boards, so as to limit members of such boards to one full term of office upon such boards and limit how soon they are eligible for membership on community service boards; to amend Code Section 37-2-6 of the Official Code of Georgia Annotated, relating to membership of community service boards.

The Senate Health and Human Services Committee offered the following substitute to SB 511:

A BILL
To be entitled an Act to amend Code Section 37-2-5 of the Official Code of Georgia Annotated, relating to membership of regional boards, so as to change certain limitations upon members of community service boards and members of regional boards; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 37-2-5 of the Official Code of Georgia Annotated, relating to membership of regional boards, is amended by striking subsection (b.2) and inserting in its place the following:
"(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, organization, or service provider which contracts with or receives funds from the regional or community services boards service board. No person who has served a full term or more on a community service board Tnay be appointed to a regional board until a period of at least two years have passed since the time such person served on the community service board, and no person who has served a full term or more on a regional board may be appointed to a community service board until a period of at least two years have passed since the time such person served on the regional board."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 31, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Balfour Baugh Blitch Boshears Brown of 26th Burton Cheeks Crotts Day Dean

Edge Egan Gillis Gochenour Guhl Harbison Henson Hill Hooks Huggins Isakson

Kemp Langford of 29th Madden McGuire Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ray

TUESDAY, FEBRUARY 15, 1994

689

Robinson Scott Slotin

Thomas Thompson Turner

Tysinger Walker

Those voting in the negative were Senators:

Clay Farrow Glanton

Hemmer Marable Middleton

Newbill Ralston

Those not voting were Senators:

Abernathy Bowen Broun of 46th

Coleman Langford of 35th

Starr Taylor

On the passage of the bill, the yeas were 41, nays 8.

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

SB 570. By Senators Farrow of the 54th and Thompson of the 33rd:
A bill to amend Chapter 87 of Title 36 of the Official Code of Georgia Annotated, relating to participation by counties and municipal corporations in federal pro grams, so as to change certain contracting powers; to provide for the expenditure of federal community development block grant funds and other public funds and authorize participation in programs for the provision of certain facilities and of day care, senior citizen, mental health, emergency, and other services.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton
PVV/HiCoCoKlrBo
Clay Coleman Crotts Day Dean Edge Egan Farrow

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

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

Those not voting were Senators:

Abernathy Langford of 35th

Starr

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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SB 498. By Senators Thompson of the 33rd and Clay of the 37th:
A bill to amend Code Section 42-8-102 of the Official Code of Georgia Annotated, relating to the creation of municipal probation systems, so as to authorize munic ipal probation officers to collect certain delinquencies through the issuance of a writ of fieri facias and provide for enforcement of such collection through other means.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

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

Farrow Gillis Glanton Gochenour Guhl Harbison Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable McGuire Middleton

Those not voting were Senators:

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

Abernathy Brown of 26th Hemmer

Henson Langford of 35th Scott

Starr Thomas

On the passage of the bill, the yeas were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Robinson of the 16th, President Pro Tempore, assumed the Chair.
SB 377. By Senator Hemmer of the 49th:
A bill to amend Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees of certain state authorities being members of the Employees' Retirement System of Georgia, so as to provide that all officers and employees of the Lake Lanier Islands Development Authority shall become members of such retirement system; to provide for prior service credit for such officers and employees employed prior to July 1, 1994.

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691

The following Fiscal Notes, as required by law, were read by the Secretary:

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

October 28, 1993

Honorable Waymond C. Muggins, Chairman Retirement Committee Senate State Capitol, Room 420B Atlanta, Georgia 30334

SUBJECT: Actuarial Investigation Senate Bill 377 (LC 21 2341) Employees' Retirement System

Dear Senator Huggins:

This bill provides that employees of the Lake Lanier Islands Development Authority shall become members of the Employees' Retirement System. The bill allows employees to obtain creditable service for prior service by paying to the board of trustees the employee contributions that would have been paid in the period of prior employment. The authority must pay the employer contributions that would have been paid and any other amounts, as determined by the board of trustees, which will fully fund the creditable service without creating any additional accrued liability to the retirement system.

The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the Senate Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actu arial assumptions and methods.

(1) The amount of unfunded actuarial accrued liability which will re

sult from the bill.

$

(2) The amount of annual normal cost which will result from the bill. $

(3) The employer contribution rate currently in effect.

(4) The employer contribution rate recommended (in conformity with

minimum funding standards specified in Code Section 47-20-10).

(5) The dollar amount of the increase in the annual employer contribu

tion which is necessary to maintain the retirement system in an ac-

tuarially sound condition.

$

0* 158,000 15.71%
15.71%
530,000

* No additional unfunded actuarial accrued liability because the employer will immedi ately pay the additional liability if the bill is enacted.

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.
Sincerely,
1st Claude L. Vickers State Auditor

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BUCK CONSULTANTS 200 Galleria Parkway, N.W. Suite 1200
Atlanta, Georgia 30339-5945
September 14, 1993
Hon. Claude L. Vickers, State Auditor Department of Audits 254 Washington Street, Room 214 Atlanta, Georgia 30334
Dear Mr. Vickers:
Re: Senate Bill 377 (LC 21 2341)
As requested, we have made an actuarial investigation of the impact of Senate Bill 377 (LC 21 2341) on the Employees' Retirement System in accordance with the requirements of Code Section 47-20-36.
This Bill appears to provide that employees of the Lake Lanier Islands Development Authority shall become members of the Retirement System and provides prior service credit for such employees under certain conditions. The additional accrued liability on account of this Bill is $1,576,840. If the Authority pays the employer contributions which would have been paid during the periods of prior service, the lump sum contribution would amount to $2,201,248. Since this amount is in excess of the additional accrued liability, there would be no additional unfunded accrued liability. Our calculation covered 203 employees with total annual compensation of $3,371,049. The estimated annual cost to the System of this legisla tion is 15.71% of $3,371,049 or $529,592.
The following table reflects the unfunded actuarial accrued liability and recommended employer contributions under the Employees' Retirement System before and after the pro posed amendment. The recommended employer contribution rates are in conformity with all minimum funding standards specified by Code Section 47-20-10. All amounts are $ thousands.

Before Legislation

After Legislation

Increase Due to Legislation

Unfunded Actuarial

Accrued Liability

$ 817,477

$ 817,477

$ 0*

Annual Contribution

Annual

Annual

Annual

% Amount % Amount % Amount

Normal Accrued Liability Cost-of-Living

4.67% $ 74,720

4.54

72,640

1.75

28,000

4.67% $ 74,878 0.00% $ 158

4.54

72,793 0.00

153*

1.75

28,059 0.00

59

Sub-total Pickup

10.96% $175,360 10.96% $175,730 0.00

4.75

76,000 4.75

76,160 0.00

$ 370 160

Total

15.71% $251,360 15.71% $251,890 0.00% $ 530

* Employer to immediately pay amount of additional accrued liability equal to $1,576,840.
The preceding figures are based on the employee data, actuarial assumptions and actua rial methods used to prepare the June 30, 1992 actuarial valuation of the System, together with an estimated payroll of $1,600,000,000.
Sincerely yours,
/s/ Donald M. Overholser Consulting Actuary

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693

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

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Jane Hemmer

State Senator

FROM:

Claude L. Vickers, State Auditor

DATE:

March 3, 1993

SUBJECT: Senate Bill 377 (LC 21 2341) Employees' Retirement System

This bill provides that employees of the Lake Lanier Islands Development Authority shall become members of the Employees' Retirement System. The bill allows employees to obtain creditable service for prior service by paying to the board of trustees the employee contributions that would have been paid in the period of prior employment. The authority must pay the employer contributions that would have been paid and any other amounts, as determined by the board of trustees, which will fully fund the creditable service without creating any additional accrued liability to the retirement system.

This is to certify that this is a fiscal retirement bill as defined in the Public Retirement Systems Standards Law.

Is/ Claude L. Vickers State Auditor

The Senate Retirement Committee offered the following substitute to SB 377:

A BILL
To be entitled an Act to amend Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees of certain state authorities being members of the Employees' Retirement System of Georgia, so as to provide that all officers and employees of the Lake Lanier Islands Development Authority shall become members of such retirement system; to provide for prior service credit for such officers and employees employed prior to July 1, 1994; to provide for matters relative thereto; to provide conditions for an effective date and for automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GEORGIA ASSEMBLY OF GEORGIA:
Section 1. Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees of certain state authorities being members of the Employ ees' Retirement System of Georgia, is amended by inserting at the end thereof the following:
"47-2-321. (a) As used in this Code section, the term:
(1) 'Lake Lanier Islands Development Authority' or 'authority' means the Lake Lanier Islands Development Authority established by Part 3 of Article 7 of Chapter 3 of Title 12.
(2) 'Officer or employee' means the executive director of the authority and any other full-time employee of the authority employed pursuant to the provisions of paragraph (3) of Code Section 12-3-314.
(3) 'Proof of prior employment' means pay records, income tax withholding records, or other records of the authority which are sufficient to establish to the satisfaction of the board of trustees the prior employment record of an officer or employee of the authority.
(b) Effective July 1, 1994, or on the date of employment, each officer or employee of the authority shall become a member of the retirement system.

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(c) (1) This subsection shall apply only to an officer or employee of the authority hold ing office or employed on July 1, 1994.
(2) An officer or employee of the authority who is subject to the provisions of this sub section shall, upon furnishing proof of prior employment to the board of trustees, be eligible to receive creditable service under this retirement system for prior employment as an officer or employee of the authority, subject to the requirements of this subsection. Any such of ficer or employee must pay to the board of trustees no later than October 1, 1994, the em ployee contributions which would have been paid during the period of prior employment if the officer or employee had been a member of the retirement system during such period together with regular interest thereon. The authority shall be authorized to pay from any funds available to the authority the employer contributions which would have been paid during such period of prior employment. For a member claiming creditable service for prior employment under this subsection, the board of trustees shall determine the period of time that the payments to the board of trustees provided for under this subsection will fund as creditable service under the retirement system without creating any additional accrued lia bility of the retirement system. Except as otherwise provided in paragraph (3) of this sub section, the amount of creditable service so determined shall be the creditable service to which the member is entitled.
(3) An officer or employee shall have the option to transfer all or a portion of his or her vested interest in the pension plan maintained by the authority prior to July 1, 1994, to satisfy all or a portion of the cost to receive creditable service allowed pursuant to para graph (2) of this subsection. Any funds transferred pursuant to such option shall be credited to the officer's or employee's annuity account established by the retirement system. The authority shall be authorized, but not required, to supplement such amount so transferred. The officer or employee shall receive such creditable service as the combination of funds transferred or paid for or on behalf of the employee would warrant without creating any additional accrued liability of the retirement system, up to the maximum amount of credita ble service allowed by paragraph (2) of this subsection.
(d) Any officer or employee of the authority who was already a member of the retire ment system on July 1, 1994, and any member of the retirement system who, without any break in service, becomes an officer or employee of the authority on or after July 1, 1994, shall continue in the same membership status without any interruption in membership ser vice and without the loss of any creditable service.
(e) Except as otherwise provided in subsections (c) and (d) of this Code section, an officer or employee of the authority becoming a member of the retirement system pursuant to the provisions of this Code section shall be subject to the provisions of Code Section 47-2334.
(f) All employer contributions, including employee contributions made by the employer on behalf of members, which are required by this chapter shall be made for members who are subject to the provisions of this Code section from funds appropriated to or otherwise available for the operation of the Lake Lanier Islands Development Authority. The author ity shall deduct from the salaries payable to such members the additional employee contri butions required by this chapter."
Section 2. This Act shall become effective on July 1, 1994, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1994, as required by subsection (a) of Code Section 47-20-50.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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695

The following Fiscal Notes, as required by law, were read by the Secretary:
DEPARTMENT OF AUDITS 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400
January 20, 1994
Honorable Waymond C. Huggins, Chairman Senate Retirement Committee State Capitol, Room 420B Atlanta, Georgia 30334
SUBJECT: Revised Actuarial Investigation Senate Bill 377 (LC 21 2534S) Employees' Retirement System
Dear Senator Huggins:
This amended bill provides that employees of the Lake Lanier Islands Development Authority shall become members of the Employees' Retirement System. The bill allows em ployees to obtain creditable service for prior service by paying to the board of trustees no later than October 1, 1994, the employee contributions that would have been paid in the period of prior employment. The employees may also transfer all or a portion of their vested interest in the pension plan maintained by the authority prior to July 1, 1994, to satisfy all or a portion of the cost to receive creditable service. The authority shall be authorized to pay the employer contributions that would have been paid during the period of prior em ployment and to supplement any amounts transferred. The employee shall receive credita ble service as the combination of funds transferred or paid for or on behalf of the employee would warrant without creating any additional accrued liability to the retirement system.
This bill was submitted for an actuarial investigation pursuant to a request by the Sen ate Retirement Committee. The investigation was to be conducted in accordance with OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. As a result of the investigation, the actuary has concluded that this substitute bill is a nonfiscal amendment of a retirement bill having a fiscal impact as defined in the Public Retirement System Standards Law.
It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.
Sincerely,
/s/ Claude L. Vickers State Auditor
BUCK CONSULTANTS 200 Galleria Parkway, N.W. Suite 1200
Atlanta, Georgia 30339-5945
January 19, 1994
Mr. Claude L. Vickers, State Auditor Department of Audits Room 214 254 Washington Street, S.W. Atlanta, Georgia 30334-8400
Dear Mr. Vickers:
Re: LC 21 2534S
We have reviewed the substitute to Senate Bill 377 (LC 21 2534S) with regard to the actuarial effect on the Employees' Retirement System.

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This Bill appears to provide that employees of the Lake Lanier Islands Development Authority shall become members of the Retirement System and provides prior service credit for such employees under certain conditions. The substitute Bill would alter the conditions for payment to ERS toward the cost of creditable prior service.
We consider this substitute bill to be a nonfiscal amendment of a retirement bill having a fiscal impact as defined in the Public Retirement System Standards Law.
Sincerely,
/s/ Donald M. Overholser Consulting Actuary
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 Baugh Boshears Bowen Broun of 46th Brown of 26th
Coleman Crotts Day Dean Gillis

Harbison Hemmer Hill Hooks Huggins Kemp Langford of 29th Madden Marable Middleton Oliver Parrish

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

Those voting in the negative were Senators:

Balfour Edlagye Egan Farrow

Gochenour Guhl Henson Isakson

McGuire Newbill Ragan of 32nd Ralston

Those not voting were Senators:

Abernathy Blitch

Glanton Langford of 35th

Robinson (presiding) Thompson

On the passage of the bill, the yeas were 37, nays 13.
The bill, having received the requisite constitutional majority, was passed by substitute.
The President introduced Congressman Sanford Bishop, who addressed the Senate briefly.
Senator Newbill of the 56th introduced the Scottish Trade Ambassadors, commended by SR 474, adopted previously, who addressed the Senate briefly.

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697

The Calendar was resumed.
SB 497. By Senators Thompson of the 33rd and Clay of the 37th:
A bill to amend Code Section 21-3-161.1 of the Official Code of Georgia Anno tated, relating to what municipal voting precincts may be bounded by, so as to provide that such precincts may be bounded by the boundaries of public parks or public school grounds; to change which maps may be used; to provide an effective date.
The Senate Governmental Operations Committee offered the following substitute to SB 497:
A BILL
To be entitled an Act to amend Code Section 21-2-261.1 of the Official Code of Georgia Annotated, relating to boundary requirements for precincts, and Code Section 21-3-161.1 of the Official Code of Georgia Annotated, relating to what municipal voting precincts may be bounded by, so as to provide that such precincts may be bounded by the boundaries of public parks, public school grounds, or churches; to change which maps may be used; 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 21-2-261.1 of the Official Code of Georgia Annotated, relating to boundary requirements for precincts, is amended by striking subsection (a) thereof and inserting in its place the following:
"(a) All voting precincts established or altered on or after July 1, 1088, the date paragraphs (1.1), (1.2), and (1.3) of this subsection become effective in 1994 shall consist of areas which are bounded on all sides only by:
(1) Visible features which are readily distinguishable upon the ground (such as streets, railroad tracks, streams, lakes, and ridges) and which are indicated upon official Department of Transportation maps, current census maps, city or county planning maps, official munici pal maps, official county maps, or any combination of such maps; w
(1.1) The boundaries of public parks;
(1.2) The boundaries of public school grounds;
(1.3) The boundaries of churches; or
(2) The boundaries of counties and incorporated municipalities."
Section 2. Code Section 21-3-161.1 of the Official Code of Georgia Annotated, relating to what municipal voting precincts may be bounded by, is amended by striking subsection (a) thereof and inserting in its place the following:
"(a) All voting precincts established or altered on or after July 1, 1083, the date paragraphs (1.1), (1.2), and (1.3) of this subsection become effective in 1994 shall consist of areas which are bounded on all sides only by:
(1) Visible features which are readily distinguishable upon the ground (such as streets, railroad tracks, streams, lakes, and ridges) and which are indicated upon official Department of Transportation maps, current census maps, city or county planning maps, official munici pal maps, official county maps, or any combination of such maps; er
(1.1) The boundaries of public parks;
(1.2) The boundaries of public school grounds;
(1.3) The boundaries of churches; or
(2) The boundaries of counties and incorporated municipalities."

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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 29, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour
Baugh Blitch Boshears
Bowen Broun of 46th Brown of 26th Br^QnJ,ueretKo, ns Coleman Crotts Day Dean Edge Egan Farrow

Gillis Glanton
Gochenour Guhl Harbison
Henson mjj Hookg I,,H_saukg. sgomns KemP Langford of 29th Madden Marable McGuire Middleton Newbill

Oliver Parrish
Pollard Ragan of llth Ragan of 32nd
Ralston pj Robinson 0SrS, 1lcoot,ti.,tn Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Alien Hemmer

Langford of 35th

Perdue

On the passage of the bill, the yeas were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
SR 385. By Senators Cheeks of the 23rd, Walker of the 22nd, Baugh of the 25th and Pollard of the 24th:
A RESOLUTION
Proposing an amendment to the Constitution so as to prohibit a county, municipality, or political subdivision of the state from incurring debt or obligating itself through a certifi cate of participation without approval in a referendum if the level of such indebtedness or obligation exceeds $1 million; to provide for the submission of this amendment for ratifica tion or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article IX, Section V of the Constitution is amended by adding a new Para graph at the end thereof, to be designated Paragraph VIII, to read as follows:
"Paragraph VIII. Certificates of participation, (a) Notwithstanding any other provision of this Constitution to the contrary, no county, municipality, or political subdivision of this state may incur debt or otherwise obligate itself through the utilization of a certificate of

TUESDAY, FEBRUARY 15, 1994

699

participation or any other contractual arrangement or instrument the terms of which are substantially similar to a certificate of participation which indebtedness or obligation in the aggregate exceeds $1 million, unless that indebtedness has been approved by a majority of the qualified electors residing within the limits of the local taxing jurisdiction voting in a referendum thereon.
(b) Whenever a governing authority votes to incur indebtedness or obligation in excess of the limit specified in subparagraph (a) of this Paragraph, the governing authority shall notify the election superintendent by forwarding to the superintendent a copy of the resolu tion or ordinance of the governing authority calling for the incurrence of such indebtedness or obligation. Such ordinance or resolution shall specify the purpose or purposes for which such indebtedness or obligation is to be incurred, the amount of the indebtedness or obliga tion to be incurred, the amount of any such outstanding indebtedness or obligation if any, and the total amount of such indebtedness or obligation which will be outstanding in the event such indebtedness or obligation is approved in such referendum. Upon receipt of the resolution or ordinance, the election superintendent shall issue the call for an election for the purpose of submitting the question of incurring such indebtedness or obligation to the voters of the taxing jurisdiction. The election superintendent shall issue the call and shall conduct the election on a date and in the manner authorized under general law relating to special elections. The election superintendent shall cause the date and purpose of the elec tion to be published once a week for four weeks immediately preceding the date of the election in the official organ of the county. The ballot shall have written or printed thereon the following:

' [ ] YES [ ] NO

Shall __ be authorized to incur certificate of participation indebtedness or obligation in the amount of $__, so that when added to the current similar outstanding certificate of participation indebtedness or obligation of $ , the aggregate total of certificate of participation indebtedness or obligation for __ shall be $__?'

All persons desiring to vote in favor of incurring such indebtedness or obligation shall vote 'Yes' and all persons opposed to incurring such indebtedness or obligation shall note 'No.' If more than one-half of the votes cast are in favor of incurring such indebtedness or obligation then the indebtedness or obligation may be incurred; otherwise the indebtedness or obligation shall not be incurred and the question of incurring such indebtedness or obli gation shall not again be submitted to the voters of the taxing jurisdiction until after 12 months immediately following the month in which the election was held. The election su perintendent shall hold and conduct the election under the same rules and regulations as specified by general law for special elections. The superintendent shall canvass the returns, declare the result of the election, and certify the result to the Secretary of State. The ex pense of the election shall be paid from funds of the taxing jurisdiction."

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

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

"[ ] YES [ ] NO

Shall the Constitution be amended so as to prohibit a county, municipality, or political subdivision of the state from incurring debt or obligating itself through a certificate of participation without approval in a referendum if the level of such indebtedness or obligation exceeds $1 million?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

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The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

Newbill Oliver Parrish Pollard Ragan of llth Ragan of 32nd Ralgton DKay aSmSlcooit^ti-tn Starr Taylor Thomas Thompson Turner Tysinger Walker

Voting in the negative was Senator Robinson.

Those not voting were Senators:

Alien

Langford of 35th

Perdue

On the adoption of the resolution, the yeas were 52, nays 1.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.

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.
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 Boshears Bowen Broun of 46th

Brown of 26th Burton Cheeks Clay Coleman Crotts

Day Dean Edge Egan Farrow Gillis

TUESDAY, FEBRUARY 15, 1994

701

Glanton Gochenour Guhl Harbison Hemmer
J5^son Hooks Muggins Isakson Kemp Langford of 29th

Madden Marable McGuire Middleton Newbill
Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd

Those not voting were Senators:

Alien Blitch

Langford of 35th

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

On the passage of the bill, the yeas were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The President introduced United States Congressman Mac Collins, who addressed the Senate briefly.
Senator Burton of the 5th introduced the doctor of the day, Dr. Ralph Tillman of Lawrenceville, Georgia.
The Calendar was resumed.

HB 574. By Representatives Cauthorn of the 35th, Martin of the 47th, Hammond of the 32nd and Henson of the 65th:
A bill to amend Chapter 3 of Title 44 of the Official Code of Georgia Annotated, related to the regulation of specialized land transactions, so as to provide for the governance of certain property owners' associations and developments; to provide a short title.
Senate Sponsor: Senator Isakson of the 21st.

The Senate Special Judiciary Committee offered the following amendment:
Amend HB 574 as follows: on line 13, page 9, replace "1993" with "1994" and on line 1, page 20, replace "1993" with "1994".
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:

Balfour Blitch Boshears Broun of 46th Burton Cheeks Clay

Coleman Crotts Day Dean Edge Egan Farrow

Gillis Glanton Gochenour Guhl Harbison Hemmer Henson

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JOURNAL OF THE SENATE

Hill Hooks Huggins j!akson
LaTgford of 29th Madden Marable McGuire Middleton

Newbill Oliver Parrish Perdue
TMlard f __ Ragan of llth Ragan of 32nd Ralston Ray

Robinson Scott Slotin Starr
^aylor Thomas Thompson Turner Tysinger

Voting in the negative were Senators Baugh and Brown of 26th.

Those not voting were Senators:

Abernathy Alien

Bowen Langford of 35th

Walker

On the passage of the bill, the yeas were 49, nays 2.
The bill, having received the requisite constitutional majority, was passed as amended.
The following general bill of the House, having been read the third time and final ac tion suspended on February 11, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon the passage:

HB 1235. By Representatives Harris of the 112th, Parham of the 122nd and Powell of the 23rd:
A bill to amend Code Section 40-3-50 of the Official Code of Georgia Annotated, relating to perfection of security interests in motor vehicles, so as to provide for perfection of a security interest by delivery of the title application to either the commissioner or the local tag agent in the county of the vehicle owner's residence.
Senate Sponsor: Senator Cheeks of the 23rd.

Pursuant to Senate Rule 143, the substitute to HB 1235 offered by Senator Cheeks of the 23rd, as it appears in the Journal of February 11, 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:

Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay

Coleman Crotts Day Dean Edge Egan Gillis Gochenour Guhl Harbison

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

TUESDAY, FEBRUARY 15, 1994

703

McGuire Middleton Newbill OPalirvreisrh
Perdue
Pollard

Ragan of llth Ragan of 32nd Ralston RRaoybinson
Scott
Slotin

Starr Taylor Thomas ,,T,hompson
Turner
Tysinger

Voting in the negative was Senator Farrow.

Those not voting were Senators:

Abernathy Alien

Glanton Langford of 35th

Walker

On the passage of the bill, the yeas were 50, nays 1. The bill, having received the requisite constitutional majority, was passed by substitute. The following bill was taken up to consider the House action thereto:

SB 12. By Senators Scott of the 36th, Dawkins of the 45th, Broun of the 46th and others:
A bill to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to provide that licensed firearms dealers comply with certain requirements prior to the sale or delivery of a firearm; to amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center; to amend Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to costs in probate courts.
Senator Scott of the 36th moved that the Senate adhere to its disagreement to the House amendments to SB 12, and that the President appoint a Committee of Conference on the part of the Senate.
On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House amendments to SB 12. The President appointed on the part of the Senate the following Senators: Scott, 16th; Isakson, 21st; Robinson, 16th.
The Calendar was resumed.

SB 549. By Senators Hemmer of the 49th, Clay of the 37th, Madden of the 47th and others:
A bill to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, so as to provide that any person operating a motor vehicle in which there is an open container of alcohol shall be subject to testing to determine his or her blood alcohol content under certain conditions.
The Senate Judiciary Committee offered the following amendment:
Amend SB 549 by striking on line 25 of page 1 after the word "vehicle" the words "and is" and inserting in lieu thereof the following:
"and its presence is known or should be known to the operator and it is".
Senator Hemmer of the 49th offered the following amendment:
Amend the committee amendment to SB 549 by striking in their entirety lines 6 & 7 and inserting in lieu thereof the following:
"and such container's presence is known or should have been known to the operator and such container is".

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On the adoption of the amendment, the yeas were 44, nays 0, and the Hemmer amend ment to the committee amendment was adopted.
On the adoption of the committee amendment, the yeas were 40, nays 0, and the amendment was adopted as amended.
Senator Hemmer of the 49th offered the following amendment:
Amend SB 549 by inserting on line 6 of page 1 after "conditions;" the following:
"to provide for exceptions;".
By inserting between lines 5 and 6 of page 2 the following:
"This Code section shall not apply to the driver of any bus or vehicle for hire or to the driver of any recreational vehicle which exceeds 20 feet in length if the open container of alcohol is in the possession of the passenger or passengers.".
On the adoption of the amendment, the yeas were 43, nays 0, and the Hemmer amend ment to SB 549 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 BChuerteokns Clay Coleman
Crotts Day Dean Edge Egan Farrow

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

Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Roiotr.TM ^Stn R0 o;b.' nson ^cott hlotm
Starr Taylor Thomas Thompson Tysinger Walker

Those not voting were Senators:

Alien

Langford of 35th

Turner

On the passage of the bill, the yeas were 53, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
SB 583. By Senator Walker of the 22nd:
A bill to amend Article 5 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable for retirement under the Georgia Fire men's Pension Fund, so as to prescribe a minimum attendance by volunteer fire men at drills, meetings, and fires in any calendar year in order to obtain retire ment credit under such pension fund; to provide an effective date.

TUESDAY, FEBRUARY 15, 1994

705

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

DEPARTMENT OF AUDITS 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400
January 13, 1994
The Honorable Charles Walker State Senator Legislative Office Building, Room 325B Atlanta, Georgia 30334
SUBJECT: State Auditor's Certification Senate Bill 583 (LC 21 2577) Georgia Firemen's Pension Fund
Dear Senator Walker:
This bill prescribes a minimum attendance by volunteer firemen at drills, meetings, and fires in any calendar year in order to obtain retirement credit under the Georgia Firemen's Pension Fund. In addition it authorizes the board of trustees of the Georgia Firemen's Pen sion Fund to prescribe higher minimum attendance requirements. The bill also provides for the refund of contributions to volunteer firemen who do not meet the minimum attendance requirements.
This is to certify that this is a nonfiscal retirement bill as defined in the Public Retire ment Systems Standards Law.
Sincerely,
Is/ Claude L. Vickers State Auditor
Senator Pollard of the 24th offered the following amendment:
Amend SB 583 by striking in their entireties lines 13 through 34 of page 3 and lines 1 through 5 of page 4 and inserting in lieu thereof the following:
"bewd. In no case shall the annual percentage be set by the board at less than 60 75 percent of all drills, meetings, and fires in any calendar year. No such rule shall be applica ble in the year in which it is adopted.
(2) Any volunteer fireman who fails for"
On the adoption of the amendment, the yeas were 44, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Clay Coleman Crotts Day Dean Edge Egan Farrow Gillis Glanton

Gochenour Guhl Harbison Hemmer Hill Hooks Huggins Kemp Langford of 29th Madden

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JOURNAL OF THE SENATE

Marable McGuire Middleton Newbill Oliver Perdue Pollard

Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin

Those not voting were Senators:

Alien

,

Henson

Isakson Langford of 35th

Starr Taylor Thomas Thompson Turner Tysinger Walker
Parrish

On the passage of the bill, the yeas were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Ray of the 19th moved that the Senate do now adjourn until 9:30 A.M. to morrow; the motion prevailed, and the President announced the Senate adjourned at 12:05 P.M.

WEDNESDAY, FEBRUARY 16, 1994

707

Senate Chamber, Atlanta, Georgia Wednesday, February 16, 1994 Twenty-third Legislative Day

The Senate met pursuant to adjournment at 9:30 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 1751. By Representatives Dobbs of the 92nd and Stancil of the 91st: A bill to provide a homestead exemption from certain Newton County ad valorem taxes for county purposes in the amount of $2,000.00 of the assessed value of certain homesteads which are leased to certain residents of that county.
HB 1756. By Representative Byrd of the 170th: A bill to amend an Act to change the composition and method of election of the Board of Education of Appling County, so as to provide new education districts.
HB 1757. By Representative Byrd of the 170th: A bill to amend an Act creating the board of commissioners of Appling County, so as to provide new commissioner districts.
HB 1765. By Representatives Chandler of the 99th and Hembree of the 98th: A bill to amend an Act providing for election districts for the board of education of Douglas County, so as to provide for election of members; to provide for com pensation of members.
HB 1773. By Representative Scoggins of the 24th: A bill to amend an Act creating a new charter for the City of Winterville, so as to provide for the rilling of a vacancy in the office of mayor or city councilmember; to establish the Municipal Court of the City of Winterville.
HB 1651. By Representative Hanner of the 159th: A bill to amend Code Section 45-10-25 of the Official Code of Georgia Annotated, relating to exceptions to prohibitions on transactions with state agencies, so as to provide an exception with respect to the employment by the Department of Nat ural Resources of part-time cleaning and custodial workers or cooks who work for other agencies.
HB 1641. By Representatives Reaves of the 178th, Purcell of the 147th, Royal of the 164th, Hudson of the 156th, James of the 140th and others: A bill to amend Chapter 11 of Title 2 of the Official Code of Georgia Annotated, relating to seeds and plants, so as to provide for a Seed Arbitration Council.

708

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HB 1586. By Representative Cummings of the 27th:
A bill to amend Chapter 9 of Title 47 of the Official Code of Georgia Annotated, the "Act Creating the Superior Court Judges Retirement System," so as to pro vide that the board of trustees of such retirement system shall be authorized to grant certain cost of living benefit increases under certain circumstances.
HB 1515. By Representative Cox of the 160th:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to change the provisions relating to accident and sick ness insurance coverage for children; to provide for enforcement of accident and sickness insurance coverage for children and notice to employers.
HB 1513. By Representative Hanner of the 159th:
A bill to amend Code Section 27-4-130.1 of the Official Code of Georgia Anno tated, relating to open seasons, creel and possession limits, and size limits of cer tain salt-water finfish species, so as to prohibit the taking or possession of a red drum salt-water finfish which is in excess of 27 inches in total length.
HB 1637. By Representatives Henson of the 65th, Williams of the 63rd, Watson of the 139th, Byrd of the 170th, Powell of the 23rd and others:
A bill to amend Code Section 43-4-32 of the Official Code of Georgia Annotated, relating to certificates of registration for registered interior designers, so as to change certain provisions regarding the waiver of examination requirements.
HB 1608. By Representatives Watson of the 139th, Skipper of the 137th, Dixon of the 150th, Chandler of the 99th, Powell of the 23rd and others:
A bill to amend Part 2 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to state building, plumbing, electrical, and other codes, so as to provide for the arbitration of disputes between builders and pur chasers of certain residential property; to provide that contracts for the purchase of certain residential property shall have a "Binding Arbitration and Warranty Disclosure Statement".
HB 1514. By Representatives Stephenson of the 25th, Scoggins of the 24th, Mobley of the 86th, McBee of the 88th, Stancil of the 91st and others:
A bill to create the Upper Oconee Basin Water Authority.
HB 1600. By Representatives Birdsong of the 123rd, Barfoot of the 155th, Bargeron of the 120th, Padgett of the 119th, Smith of the 175th and others:
A bill to amend Part 1 of Article 1 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to general provisions applicable to the state militia, so as to authorize the Governor to request individual members of the Georgia National Guard, with their consent, to report for duty into the active service of the state for the performance of any official duty in connection with National Guard activities without first having declared an emergency.
HB 1616. By Representative Colwell of the 7th:
A bill to amend Article 2 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, known as the "State Properties Code," so as to change the provisions relating to the membership and organization of the State Properties Commission.
HB 1617. By Representative Colwell of the 7th: A bill to amend Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to the indemnification of law enforcement officers, firemen,

WEDNESDAY, FEBRUARY 16, 1994

709

prison guards, and publicly employed emergency medical technicians, so as to change the composition of the Georgia State Indemnification Commission.
HB 1543. By Representative Lane of the 55th:
A bill to continue the Fulton County School Employees Pension Fund.
HB 1601. By Representatives Birdsong of the 123rd, Barfoot of the 155th, Bargeron of the 120th, Padgett of the 119th, Smith of the 175th and others:
A bill to amend Code Section 40-2-67 of the Official Code of Georgia Annotated, relating to special license plates for commanders of certain veterans' organiza tions, so as to provide that special license plates may be issued to state com manders of nationally chartered veterans' organizations.
SB 386. By Senator Brown of the 26th: A bill to amend an Act entitled "Macon Water Commissioners-Pension Plan," as amended, so as to add certain definitions; to increase benefits payable under the plan; to add a minimum pension of $200 per month; to provide a one-time cost of living raise in benefits to employees who retired prior to July 1, 1986; to change the way interest is computed on returned employee contributions.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 648. By Senators Thompson of the 33rd and Perdue of the 18th: A bill to amend Chapter 6 of Title 49 of the Official Code of Georgia Annotated, relating to services for the aging, so as to enact the "Georgia Family Caregiver Support Act"; to provide for a short title, intent, and definitions; to provide for rules and procedures; to prevent the creation of entitlements; to prohibit the dis placement of benefits, entitlements, and resources.
Referred to Committee on Youth, Aging and Human Ecology.
SB 649. By Senators Kemp of the 3rd, Boshears of the 6th, Edge of the 28th and others:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to waive sovereign immunity to the extent of liability insurance for counties, school districts, hospital authorities, housing authorities, other local authorities, and certain other units of local government; to provide for retroactive operation; to provide an effective date. Referred to Committee on Special Judiciary.
SB 650. By Senators Hooks of the 14th, Robinson of the 16th, Isakson of the 21st and others:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to provide a short title; to provide for legislative intent; to provide definitions; to provide for applicability; to provide for stan dards and requirements for premium rates charged to small employer health benefit plans; to provide for rules and regulations to be promulgated by the Com missioner of Insurance. Referred to Committee on Insurance and Labor.
SB 651. By Senators Farrow of the 54th and Perdue of the 18th:
A bill to amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to care and protection of indigent and elderly patients, so as to provide for a short title; to provide for legislative intent; to provide for definitions; to provide for rights of residents of personal care homes; to provide for grievance

710

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procedures for violations of such rights; to provide for administrative hearings for violations of such rights. Referred to Committee on Youth, Aging and Human Ecology.
SB 652. By Senator Farrow of the 54th:
A bill to amend Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to specialized land transactions, so as to provide for environmental site assessments prior to the auction of certain commercial or industrial facilities; to provide for posting and distribution of site assessment information; to provide for the voiding of sales or transfers in the event of noncompliance; to provide for liability and damages; to provide an effective date. Referred to Committee on Natural Resources.
SB 653. By Senator Egan of the 40th:
A bill to repeal a constitutional amendment duly ratified at the 1978 general election and proclaimed by the Governor to be a part of the Constitution of the State of Georgia providing for a seven-member Fulton County Planning Commission. Referred to Committee on Urban and County Affairs.
SB 654. By Senators Boshears of the 6th and Kemp of the 3rd:
A bill to provide a homestead exemption from all Glynn County ad valorem taxes for county purposes for certain residents in the amount of $6,000.00 of the as sessed value of that homestead; to provide a homestead exemption from all Glynn County ad valorem taxes, including taxes levied for the reduction of bonded indebtedness, for certain residents of Glynn County who are 62 years of age or older who have a net income of less than $10,000.00 or are 65 years of age or older who have a net income of less than $10,000.00 in the amount of $12,000.00 of the assessed value of that homestead. Referred to Committee on Urban and County Affairs.
SB 655. By Senators Coleman of the 1st and Alien of the 2nd:
A bill to amend an Act completely revising the laws relative to the governing authority of Chatham County, as amended, so as to change the composition of the commissioner districts; to provide for certain definitions and inclusions; to require submission of this Act to the United States Attorney General for certain approval. Referred to Committee on Urban and County Affairs.
SB 656. By Senators Coleman of the 1st and Alien of the 2nd:
A bill to amend an Act relating to the school system of the City of Savannah and Chatham County, as amended, so as to change the composition of the education districts; to provide for certain definitions and inclusions; to require submission of this Act to the United States Attorney General for certain approval. Referred to Committee on Urban and County Affairs.
SB 657. By Senators Robinson of the 16th and Newbill of the 56th:
A bill to amend Article 4 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to lobbyist registrations and reports, so as to provide for quarterly reports for certain lobbyists; to provide for effective dates. Referred to Committee on Ethics.

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SB 658. By Senator Newbill of the 56th: A bill to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to excise taxation on rooms, lodgings, and accommodations, so as to change provisions relating to the use of tax proceeds; to provide that tax proceeds may not be used for certain purposes; to provide an effective date.
Referred to Committee on Finance and Public Utilities.
SR 516. By Senator Dean of the 31st: A resolution designating a portion of the U.S. Highway 278, State 100 Bypass as the "Martin Luther King, Jr., Boulevard".
Referred to Committee on Transportation.
SR 517. By Senators Edge of the 28th, Day of the 48th, Guhl of the 45th and others: A resolution applying to the Congress of the United States to call a convention for the purpose of proposing an amendment to the Constitution of the United States to provide that no federal tax shall be imposed for the period before the date of enactment of the tax.
Referred to Committee on Finance and Public Utilities.
The following bills of the House were read the first time and referred to committees:
HB 1513. By Representative Hanner of the 159th:
A bill to amend Code Section 27-4-130.1 of the Official Code of Georgia Anno tated, relating to open seasons, creel and possession limits, and size limits of cer tain salt-water finfish species, so as to prohibit the taking or possession of a red drum salt-water finfish which is in excess of 27 inches in total length. Referred to Committee on Natural Resources.
HB 1514. By Representatives Stephenson of the 25th, Scoggins of the 24th, Mobley of the 86th and others: A bill to create the Upper Oconee Basin Water Authority.
Referred to Committee on Urban and County Affairs (General).
HB 1515. By Representative Cox of the 160th: A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to change the provisions relating to accident and sick ness insurance coverage for children; to provide for enforcement of accident and sickness insurance coverage for children and notice to employers.
Referred to Committee on Judiciary.
HB 1543. By Representative Lane of the 55th: A bill to continue the Fulton County School Employees Pension Fund.
Referred to Committee on Urban and County Affairs.
HB 1586. By Representative Cummings of the 27th: A bill to amend Chapter 9 of Title 47 of the Official Code of Georgia Annotated, the "Act Creating the Superior Court Judges Retirement System," so as to pro vide that the board of trustees of such retirement system shall be authorized to grant certain cost of living benefit increases under certain circumstances.
Referred to Committee on Retirement.

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HB 1600. By Representatives Birdsong of the 123rd, Barfoot of the 155th, Bargeron of the 120th and others:
A bill to amend Part 1 of Article 1 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to general provisions applicable to the state militia, so as to authorize the Governor to request individual members of the Georgia National Guard, with their consent, to report for duty into the active service of the state for the performance of any official duty in connection with National Guard activities without first having declared an emergency. Referred to Committee on Defense and Veterans Affairs.
HB 1601. By Representatives Birdsong of the 123rd, Barfoot of the 155th, Bargeron of the 120th and others:
A bill to amend Code Section 40-2-67 of the Official Code of Georgia Annotated, relating to special license plates for commanders of certain veterans' organiza tions, so as to provide that special license plates may be issued to state com manders of nationally chartered veterans' organizations. Referred to Committee on Public Safety.
HB 1608. By Representatives Watson of the 139th, Skipper of the 137th, Dixon of the 150th and others:
A bill to amend Part 2 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to state building, plumbing, electrical, and other codes, so as to provide for the arbitration of disputes between builders and pur chasers of certain residential property; to provide that contracts for the purchase of certain residential property shall have a "Binding Arbitration and Warranty Disclosure Statement".
Referred to Committee on Science, Technology and Industry.
HB 1616. By Representative Colwell of the 7th:
A bill to amend Article 2 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, known as the "State Properties Code," so as to change the provisions relating to the membership and organization of the State Properties Commission. Referred to Committee on Finance and Public Utilities.
HB 1617. By Representative Colwell of the 7th:
A bill to amend Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to the indemnification of law enforcement officers, firemen, prison guards, and publicly employed emergency medical technicians, so as to change the composition of the Georgia State Indemnification Commission. Referred to Committee on Finance and Public Utilities.
HB 1637. By Representatives Henson of the 65th, Williams of the 63rd, Watson of the 139th and others:
A bill to amend Code Section 43-4-32 of the Official Code of Georgia Annotated, relating to certificates of registration for registered interior designers, so as to change certain provisions regarding the waiver of examination requirements. Referred to Committee on Science, Technology and Industry.
HB 1641. By Representatives Reaves of the 178th, Purcell of the 147th, Royal of the 164th and others:
A bill to amend Chapter 11 of Title 2 of the Official Code of Georgia Annotated, relating to seeds and plants, so as to provide for a Seed Arbitration Council. Referred to Committee on Agriculture.

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HB 1651. By Representative Manner of the 159th: A bill to amend Code Section 45-10-25 of the Official Code of Georgia Annotated, relating to exceptions to prohibitions on transactions with state agencies, so as to provide an exception with respect to the employment by the Department of Nat ural Resources of part-time cleaning and custodial workers or cooks who work for other agencies.
Referred to Committee on Natural Resources.
HB 1751. By Representatives Dobbs of the 92nd and Stancil of the 91st: A bill to provide a homestead exemption from certain Newton County ad valorem taxes for county purposes in .the amount of $2,000.00 of the assessed value of certain homesteads which are leased to certain residents of that county.
Referred to Committee on Urban and County Affairs.
HB 1756. By Representative Byrd of the 170th: A bill to amend an Act to change the composition and method of election of the Board of Education of Appling County, so as to provide new education districts.
Referred to Committee on Urban and County Affairs.
HB 1757. By Representative Byrd of the 170th: A bill to amend an Act creating the board of commissioners of Appling County, so as to provide new commissioner districts.
Referred to Committee on Urban and County Affairs.
HB 1765. By Representatives Chandler of the 99th and Hembree of the 98th: A bill to amend an Act providing for election districts for the board of education of Douglas County, so as to provide for election of members; to provide for com pensation of members.
Referred to Committee on Urban and County Affairs.
HB 1773. By Representative Scoggins of the 24th: A bill to amend an Act creating a new charter for the City of Winterville, so as to provide for the filling of a vacancy in the office of mayor or city councilmember; to establish the Municipal Court of the City of Winterville.
Referred to Committee on Urban and County Affairs.
The following committee reports were read by the Secretary:
Mr. President:
The Committee on Banking and Financial Institutions 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 537. Do pass. SB 602. Do pass by substitute. HB 1636. Do pass.
Respectfully submitted,
Senator Turner of the 8th District, Chairman

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Mr. President:

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

SB 644. Do pass. SB 647. Do pass.

Respectfully submitted, Senator Hill of the 4th District, Chairman

Mr. President:

The Committee on Ethics has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1333. Do pass.
Respectfully submitted,
Senator Farrow of the 54th District, Chairman

Mr. President:

The Committee on Health and Human Services has had under consideration the follow ing bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 469. Do pass.

Respectfully submitted, Senator Walker of the 22nd District, Chairman

Mr. President:

The Committee on Higher Education has had under consideration the following bill of the 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 1307. Do pass as amended.
Respectfully submitted,
Senator Pollard of the 24th District, Chairman

Mr. President:

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

SB 601. Do pass.

HB 1262. Do pass.

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715

HB 1263. Do pass.

HB 1382. Do pass.

Respectfully submitted,

Senator Gillis of the 20th District, Chairman

Mr. President:

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

SB 432. Do pass by substitute.

SB 608. Do pass by substitute.

Respectfully submitted,

Senator Gillis of the 20th District, Chairman

Mr. President:

The Committee on Reapportionment has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:

SB 553. Do pass by substitute.

Respectfully submitted,

Senator Blitch of the 7th District, Chairman

Mr. President:

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

HB 1226. Do pass by substitute.

HB 1411. Do pass as amended.

HB 1227. Do pass by substitute.

HB 1493. Do pass.

Respectfully submitted,

Senator Tysinger of the 41st District, Chairman

Mr. President:

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

SB 524. Do pass.
SB 604. Do pass. SB 634. Do pass. SB 635. Do pass. SB 636. Do pass.

HB 1719. Do pass. HB ml . Do pass. HB 1733. Do pass. HB 1737 ' Do Pass'

HB 1082. Do pass.

HB 1650. Do pass. Respectfully submitted,
Senator Thompson of the 33rd District, Chairman

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Mr. President:

The Committee on Youth, Aging and Human Ecology has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 530. Do pass by substitute.
SB 563. Do pass by substitute.
Respectfully submitted,
Senator Marable of the 52nd District, Chairman

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

SB 507 SB 547 SB 613 HB 838 HB 1194 HB 1265 HB 1554

SB 528 SB 555 SB 626 HB 1188 HB 1233 HB 1266 HB 1576

SB 541 SB 607 HB 230 HB 1189 HB 1254 HB 1420

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

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

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

Those not answering were Senators:

Abernathy Alien

Henson Langford of 35th

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

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

WEDNESDAY, FEBRUARY 16, 1994

717

Senator Cheeks of the 23rd introduced the chaplain of the day, Dr. Jamie Jenkins, Aldersgate United Methodist Church, Augusta, Georgia, who offered scripture reading and prayer.
The following resolution was read and adopted:
SR 518. By Senators Perdue of the 18th, Middleton of the 50th and Harbison of the 15th:
A resolution recognizing and commending General Carl E. Mundy, Jr., Comman dant of the United States Marine Corps.
The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Wednesday, February 16, 1994
TWENTY-THIRD LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 524 Isakson, 21st Ragan, 32nd Thompson, 33rd Clay, 37th Abernathy, 38th COBB COUNTY
Amends an Act entitled "An Act to create a court to be known as the 'Civil and Criminal Court of Cobb County,' " as amended, so as to redesignate the solicitor and assistant solicitors of said court as solicitor general and assistant solicitors general; to repeal conflicting laws.
SB 604 Burton, 5th Thomas, 10th Tysinger, 41st Oliver, 42nd Parrish, 43rd Henson, 55th DEKALB COUNTY
Amends and Act to create and establish for and in the County of DeKalb a court to be known as the recorder's court of DeKalb County, so as to provide the court with authority to assess fines for traffic violations not to exceed the sum of $1,000.00; to repeal conflicting laws.
SB 634 Huggins, 53rd Farrow, 54th CITY OF DALTON
Amends an Act to amend an Act providing a homestead exemption from cer tain City of Dalton ad valorem taxes for city purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that city, so as to provide that such exemption shall be in addition to any other homestead exemption applicable to City of Dalton ad valorem taxes for city purposes; to repeal conflicting laws.

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SB 635 Muggins, 53rd Farrow, 54th CITY OF DALTON
Amends an Act providing a homestead exemption from certain City of Dalton Independent School District ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that school district, so as to provide that such exemption shall be in addition to any other homestead exemption applicable to City of Dalton Independent School District; to repeal conflicting laws.
SB 636 Farrow, 54th MURRAY COUNTY
Amends an Act creating the office of Commissioner of Murray County, so as to authorize the Board of Commissioners of Murray County to provide for family support centers; to validate and confirm certain prior actions; to re peal conflicting laws.
HB 1082 Isakson, 21st Ragan, 32nd Thompson, 33rd Clay, 37th Abernathy, 38th COBB COUNTY
Amends 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 va cancy in the office of the sheriff.
HB 1719 Turner, 8th Ragan, llth DECATUR COUNTY
Amends an Act creating the board of commissioners of Decatur County, so as to provide for an additional member of the board of commissioners to be elected at large by the qualified voters of the county.
HB 1721 Turner, 8th Ragan, llth DECATUR COUNTY
Amends an Act providing for the composition of the Board of Education of Decatur County, so as to provide for the nonpartisan election of the members of the board of education.
HB 1733 Bowen, 13th Ray, 19th BEN HILL COUNTY
Amends an Act providing for the composition of the Board of Education of Ben Hill County and for the election of members of the said board, so as to provide that primaries and elections for the members of the board shall be nonpartisan.

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719

HB 1737 Kemp, 3rd CITY OF LUDOWICI
Amends an Act creating a new charter for the City of Ludowici, so as to change the name of the police court in accordance with O.C.G.A. Section 3632-1.

HB 1650 Clay, 37th CITY OF ACWORTH
Amends an Act reincorporating and providing a new charter for the City of Acworth, so as to adopt an official map of the corporate limits of the City of Acworth and to confirm the corporate boundaries of the City of Acworth.

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

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

Those voting in the affirmative were Senators:

Balfour Baugh Boshears
Bowen Broun of 46th Brown of 26th

Gochenour Guhl Harbison
Hemmer Henson Hm

urt?n p, eeks DPCraoyt..ts Dean Edge Egan Farrow Gillis Glanton

Hooks Huggins I.K.s.aekmspon Langford of 29th Madden Marable McGuire Middleton Newbill

Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston
Ray Robinson S,,Sltoatrirn Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Alien Blitch

Coleman Langford of 35th

Oliver Scott

On the passage of all the local bills, the yeas were 49, nays 0.
All the bills on the Senate Local Consent Calendar, having received the requisite consti tutional majority, were passed.
SENATE RULES CALENDAR
Wednesday, February 16, 1994
TWENTY-THIRD LEGISLATIVE DAY
SB 396 Schools--moments of silence for meditation (Substitute) (Ed--36th) SB 299 Housing Authorities--contracting for management of projects (H&HS--27th) SB 533 Safety Fire Commissioner Rules and Regulations--provide for state-wide appli
cation (Substitute) (I&L--21st) HB 1277 Offense Involving Growing or Unharvested Agricultural Products--punishment
(Amendment) (S Judy--19th) Ray--128th

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HB 1361 Public Revenue Code--revise provisions on Georgia taxes (F&PU--44th) Buck--135th
HB 1357 Hotels--excessive rates during Olympics unlawful (EDT&C--46th) Wat son--139th
HB 1455 State Employees--certain payroll deductions (Amendment) (F&PU--16th) Byrd--170th
HB 685 Employees' Retirement--credit for Agrirama Development Authority service (Ret--7th) Bostick--165th
HB 1561 Sales Tax Exemption--use of certain cargo containers (F&PU--1st) Dixon--150th
HB 337 Dispossessory Proceedings--writs of possession (Substitute) (Judy--54th) Wall--82nd
HB 1281 Probate Courts--costs for specific services (Substitute) (S Judy--40th) Randall--127th
HB 1383 Teachers Retirement--establish percentage of salary paid as contributions (Ret--26th) Baker--70th
HB 641 Historical, Nonperpetual Care Cemetery--exempt registration (U&CA G--33rd) Coleman--142nd
HB 147 Code Section Prohibiting Public Official Serving as Senior Judge--repeal (Ret--12th) Chambless--163rd
HB 690 Crime Victims Compensation Board--awards (Substitute) (Pub Saf--23rd) Barnes--33rd
HB 1369 Lottery Prize--revenue commissioner set regulations on withholding tax (F&PU--44th) Buck--135th
Respectfully submitted,
/s/ David Scott, Chairman Senate Rule Committee
The following general bills were read the third time and put upon their passage:
SB 396. By Senators Scott of the 36th, Ray of the 19th and Clay of the 37th:
A bill to amend Code Section 20-2-1050 of the Official Code of Georgia Anno tated, relating to moments of silence in public schools, so as to provide that stu dents shall be provided with a moment for such meditation; to provide a state ment of legislative intent.
The Senate Education Committee offered the following substitute to SB 396:
A BILL
To be entitled an Act to amend Code Section 20-2-1050 of the Official Code of Georgia Annotated, relating to moments of silence in public schools, so as to require moments of quiet reflection for the opening of school upon every school day; to provide a statement of legislative intent; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The General Assembly finds that in today's hectic society, all too few of our citizens are able to experience even a moment of quiet reflection before plunging headlong into the day's activities. Our young citizens are particularly affected by this absence of an opportunity for a moment of quiet reflection. The General Assembly finds that our young, and society as a whole, would be well served if students were afforded a moment of quiet reflection at the beginning of each day in the public schools.

WEDNESDAY, FEBRUARY 16, 1994

721

Section 2. Code Section 20-2-1050 of the Official Code of Georgia Annotated, relating to moments of silence in public schools, is amended by striking that Code section in its en tirety and inserting a new Code section to read as follows:
"(a) In each public school classroom, the teacher in charge may or, if ao authorized or directed by the board of education by which he is employed, shall, at the opening of school upon every school day, conduct a brief period of silent prayer or meditation quiet reflection for not more than 60 seconds with the participation of all the pupils therein assembled.
(b) The ailcnt prayer of meditation moment of quiet reflection authorized by subsection (a) of this Code section is not intended to be and shall not be conducted as a religious service or exercise but shall be considered as an opportunity for ailcnt prayer or meditation on a religious theme by those who arc 30 dioposcd or a moment of silent reflection on the anticipated activities of the day."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 41, nays 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 Burton Cheeks Clay Coleman Crotts Day Dean Edge Egan Farrow

Gillis Glanton Gochenour Guhl Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Madden Marable McGuire Middleton Newbill

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

Voting in the negative were Senators Langford of 29th and Perdue.

Those not voting were Senators:

Alien

Brown of 26th

Langford of 35th

On the passage of the bill, the yeas were 51, nays 2.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Hill of the 4th introduced Miss Georgia, Kara Martin, commended by SR 493, adopted previously, who addressed the Senate briefly.
Senator Broun of the 46th introduced the doctor of the day, Dr. Tom Cassity, Athens, Georgia.

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Senator Perdue of the 18th introduced Major General Hallin of Warner Robins Air Logistics Center, commended by SR 515, adopted previously.
The Calendar was resumed.

SB 299. By Senators Gochenour of the 27th, Balfour of the 9th and Glanton of the 34th:
A bill to amend Part 2 of Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to the power of housing authorities generally, so as to provide a definition; to provide that housing authorities shall contract with qualified tenant management organizations for the operation and management of housing projects of the authorities.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
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 urton
Coleman Crotts Day Edge Egan Farrow Gillis

Glanton Gochenour Guhl Harbison Hemmer Henson Hill Hooks Isakson Kemp Langford of 29th Marable McGuire Newbill

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

Those voting in the negative were Senators:

Blitch Broun of 46th Dean

Huggins Madden Middleton

Oliver Starr

Those not voting were Senators:

Alien Cheeks

Langford of 35th Ray

Thomas

On the passage of the bill, the yeas were 43, nays 8.
The bill, having received the requisite constitutional majority, was passed.
Senator Coleman of the 1st moved that Senator Alien of the 2nd be excused from the Senate today, due to illness in the family. On the motion, the yeas were 37, nays 0; the motion prevailed, and Senator Alien of the 2nd was excused.

WEDNESDAY, FEBRUARY 16, 1994

723

The following bill was taken up to consider House action thereto:
SB 414. By Senators Robinson of the 16th, Ray of the 19th, Edge of the 28th and others:
A bill to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions relating to professions and businesses, so as to ex empt certain persons from licensure, registration, and certification requirements who are in the state for a limited purpose relating to "The Games of the XXVIth Olympiad" and "The Games of the Xth Paralympiad" scheduled to be held in Georgia in 1996.
The House substitute 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 relating to professions and businesses, so as to exempt certain persons from licensure, registration, and certification requirements who are in the state for a limited purpose relating to "The Games of the XXVIth Olympiad" and "The Games of the Xth Paralympiad" scheduled to be held in Georgia in 1996; to provide for definitions; to provide for conditions and limitations; to provide for consent for certain medical services; to provide for the automatic repeal of such provisions on a certain 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 relating to professions and businesses, is amended by adding at the end thereof a new Code Section 43-1-26 to read as follows:
"43-1-26. (a) As used in this Code section, the term:
(1) 'Credential' or 'credentialed' means the granting of credentials by the Atlanta Com mittee for the Olympic Games (ACOG) or the Atlanta Paralympic Organizing Committee (APOC).
(2) 'Games' means 'The Games of the XXVIth Olympiad.'
(3) 'Olympic Family' means any credentialed athletes, coaches, trainers, and other credentialed support staff and officials of the International Olympic Committee (IOC), Na tional Olympic Committees (NOCs), and International Sports Federations (ISFs) or their designated IOC confederations, including juries and judges for the Games.
(4) 'Paralympic Family' means credentialed athletes, coaches, trainers, and other sup port and service staff as defined by the Atlanta Paralympic Organizing Committee (APOC) and credentialed officials of the International Paralympic Committee (IPC), National Paralympic Committees (NPCs), International Organizations for Sports for the Disabled (lOSDs), or International Sport Federations (ISFs), including juries and judges for the Paralympic Games.
(5) 'Paralympic Games' means 'The Games of the Xth Paralympiad.'
(b) Nothing in this title or in Title 26 shall be construed to require licensure, registra tion, or certification of persons who are nonresidents of this state, who hold a current and valid professional license, certificate, registration, or other authorization to practice any pro fession regulated under this title or under Title 26 from any state or country, who are credentialed by the Atlanta Committee for the Olympic Games (ACOG) for involvement in events sponsored by ACOG or by the Atlanta Paralympic Organizing Committee (APOC) for involvement in events sponsored by APOC, and whose practice in Georgia is limited to specific, time-limited services to athletes and other members of the Olympic Family or Paralympic Family in connection with 'The Games of the XXVIth Olympiad' and 'The Games of the Xth Paralympiad' scheduled to be held in Georgia in 1996.
(c) Whenever the services provided for in subsection (b) of this Code section are health care services, including but not limited to the prescribing or dispensing of pharmaceutical products, then such services shall only be provided to the Olympic Family or Paralympic

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Family at the sites designated by either the Atlanta Committee for the Olympic Games (ACOG) or the Atlanta Paralympic Organizing Committee (APOC). Persons exempted from licensure by this Code section who provide such health care services shall provide those services only to members of the Olympic Family or Paralympic Family who are citizens or members of the delegation of that provider's sponsoring country as credentialed by the At lanta Committee for the Olympic Games (ACOG) or the Atlanta Paralympic Organizing Committee (APOC). Nothing in this Code section shall be construed to authorize or grant hospital medical staff privileges at any hospital, ambulatory surgery center, or outpatient care center or other health care facility.
(d) Notwithstanding any other provision of law to the contrary, the official Chef de Mission who is responsible for any team member participating in events at the invitation of the International Olympic Committee or the International Paralympic Committee may give consent to the furnishing of hospital, medical, and surgical care to a minor who is a team member and that consent shall not be subject to disaffirmance because of minority. The consent of the parent or parents of that person shall not be necessary in order to authorize hospital, medical, and surgical care.
(e) This Code section shall be automatically repealed on December 31, 1996."
Section 2. 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 414.
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 B~BCrhuoerwte.oknns of 26th Clay Coleman
Crotts Day Dean Edge Egan

Farrow Gillis Gochenour Guhl Harbison Hemmer Henson HTHHIoiulogl kgi sins Isakson Kemp
Langford of 29th Madden Marable McGuire Middleton

Newbill Oliver Parrish Perdue Pollard Ragan of uth Ragan of 32nd RRnKoabf,ls'.tnosnon cott blotm
Starr Thompson Turner Tysinger Walker

Those not voting were Senators:

Alien (excused) Glanton

Langford of 35th Ray

Taylor Thomas

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 414.
The Calendar was resumed.
SB 533. By Senators Isakson of the 21st and Scott of the 36th: 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 generally, so as to provide that

WEDNESDAY, FEBRUARY 16, 1994

725

certain rules and regulations of the Safety Fire Commissioner shall not have state-wide application as the state minimum fire safety standards without the adoption of the same by a county or municipality; to provide an effective date.

The Senate Insurance and Labor Committee offered the following substitute to SB 533:

A BILL
To be entitled an Act to amend Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to the regulation of fire and other hazards generally, so as to provide that the minimum fire safety standards may not be amended by counties or municipalities; to provide that proposed local amendments to construction code standards which relate to fire safety shall be reviewed by the Department of Community Affairs; to provide that such department shall obtain advisory comments from the Safety Fire Commissioner's office; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to the regulation of fire and other hazards generally, is amended by striking Code Section 25-24, relating to the adoption of rules and regulations of the Safety Fire Commissioner, and inserting in lieu thereof a new Code Section 25-2-4 to read as follows:
"25-2-4. The Commissioner shall adopt such rules and regulations as he or she deems necessary to promote the enforcement of this chapter. Such rules and regulations shall have the force and effect of law and shall have state-wide application as being the state minimum fire safety standards and shall not require adoption by a municipality or county. The gov erning authority of any municipality or county in this state is authorized to enforce the state minimum fire safety standards on all buildings and structures except one-family and twofamily dwellings and those buildings and structures listed in Code Section 25-2-13. The governing authority of any municipality or county shall not be authorized to amend, delete, add to, or otherwise change the minimum fire safety standards adopted pursuant to this Code section. Any local amendments by a municipality or county to construction code stan dards shall be accomplished in accordance with Code Section 8-2-25. Reviews of proposed local amendments which are related to fire safety shall be conducted by the Department of Community Affairs, which shall obtain advisory comments from the Commissioner's office. All other applications of the state minimum fire safety standards and fees are specified in Code Sections 25-2-4.1, 25-2-12, and 25-2-12.1. Before the Commissioner shall adopt as a part of his or her rules and regulations for the enforcement of this chapter any of the princi ples of the various codes referred to in this chapter, he or she shall first consider and ap prove them as reasonably suitable for the enforcement of this chapter. Not less than 15 days before any rules and regulations are promulgated, a public hearing shall be held. Notice of the hearing shall be advertised in a newspaper of general circulation."
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 Balfour

Baugh Blitch

Boshears Bowen

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Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts . Day Dean Edge Egan Farrow Gillis Glanton Gochenour Guhl

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

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

Not voting were Senators Alien (excused) and Langford of 35th.

On the passage of the bill, the yeas were 54, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1277. By Representatives Ray of the 128th, Reaves of the 178th, Birdsong of the 123rd and others:
A bill to amend Code Section 16-8-12 of the Official Code of Georgia Annotated, relating to punishment for criminal offenses involving theft, so as to change pro visions relating to punishment of offenses involving the theft of growing or other wise unharvested agricultural products.
Senate Sponsor: Senator Ray of the 19th.

The Senate Special Judiciary Committee offered the following amendment:
Amend HB 1277 by inserting "commercial" on line 5, page 1, after "unharvested" and again on line 18, page 1, after "unharvested".
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 Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts

Day Dean Egan Farrow Gillis Glanton Gochenour Guhl Harbison Hemmer Henson Hill Hooks

Huggins Kemp Langford of 29th Madden Marable McGuire Middleton Newbill Oliver Parrish Perdue Pollard Ragan of llth

WEDNESDAY, FEBRUARY 16, 1994

727

Ragan of 32nd Ralston Ray Robinson

Scott Slotin Starr Taylor

Thomas Thompson Turner Tysinger

Those not voting were Senators:

Alien (excused) Edge

Isakson Langford of 35th

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.

HB 1361. By Representatives Buck of the 135th, Royal of the 164th, Skipper of the 137th and others:
A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions of the "Georgia Public Revenue Code," so as to revise provisions relating to Georgia taxes; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby to incorporate provi sions of federal law into Georgia law.
Senate Sponsor: Senator Starr of the 44th.
The following Fiscal Note, as required by law, was read by the Secretary:
DEPARTMENT OF AUDITS 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400
January 28, 1994
The Honorable Thomas B. Buck, III, Chairman House Ways and Means Committee House of Representatives State Capitol, Room 133 Atlanta, Georgia 30334
SUBJECT: Fiscal Note House Bill 1361 (LC 18 5927) To Conform Georgia Income Tax Laws to Federal Income Tax Laws
Dear Chairman Buck:
This bill would identify the "Internal Revenue Code" as referred to in the Official Code of Georgia Annotated as that provided for in federal law enacted on or before January 1, 1994. Currently, the reference is to January 1, 1993. This updating would incorporate the income tax definitions of the Omnibus Reconciliation Act of 1993.
The new federal definitions of income, adjustments, exemptions, and deductions which would be adopted are mainly tax-reducing. The exclusion from taxable income of a portion of health insurance paid by the self-employed, of employer-funded educational assistance, and of moving expenses for those who do not itemize deductions would reduce tax liabilities. So would the liberalization of write-offs of passive real estate losses, the extension of ex pensing the capital outlays by small businesses, and the adoption of fifteen-year amortiza tion for purchases of goodwill and other intangibles. These impacts would more than offset the tax-increasing effects of restrictions on deductions for business meals and entertain ment, club dues, charitable contributions, and lobbying.

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This bill would reduce income tax liabilities for individuals and businesses for tax-year 1994 by $14 million to $19 million.
Sincerely,
Is/ Claude L. Vickers State Auditor
/a/ 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 Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dean Egan Farrow Gillis

Glanton Gochenour Guhl Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable McGuire 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:

Alien (excused) Day

Edge Langford of 35th

Taylor

On the passage of the bill, the yeas were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1357. By Representatives Watson of the 139th, Buck of the 135th and Watts of the 26th: A bill to amend Article 1 of Chapter 21 of Title 43 of the Official Code of Georgia Annotated, relating to rights, duties, and liabilities of innkeepers, so as to pro vide that it shall be unlawful for any operator of a hotel in Georgia to charge excessive room rates during the Olympic Period resulting in price gouging during the Olympic Games to be held in Georgia in the summer of 1996.
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:

WEDNESDAY, FEBRUARY 16, 1994

729

Those voting in the affirmative were Senators:

Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th BChuerteokns
Coleman Crotts
) ean
Egan Farrow

Gillis Harbison Hemmer Henson Hm Hookg uHu^l ns
Isakson KemP
Madden
Marable Middleton

Newbill Oliver Parrish Pollard Ralston R nRotb-inson
Scott Slotm
Thomas
Turner Walker

Those voting in the negative were Senators:

Balfour Day Edge Glanton

Gochenour Guhl Langford of 29th

McGuire Ragan of 32nd Tysinger

Those not voting were Senators:

Abernathy Alien (excused) Clay

Langford of 35th Perdue Ragan of llth

Starr Taylor Thompson

On the passage of the bill, the yeas were 37, nays 10.
The bill, having received the requisite constitutional majority, was passed.
Senator Day of the 48th gave notice that at the proper time he would move that the Senate reconsider its action on HB 1357.

HB 1455. By Representatives Byrd of the 170th, Holmes of the 53rd, Birdsong of the 123rd and others:
A bill to amend Article 3 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to salary deductions for public officers and employees, so as to permit state government employees, on a voluntary basis, to make payroll de ductions to not-for-profit organizations providing tangible services and benefits to state government or state government employees.
Senate Sponsor: Senator Robinson of the 16th.
The Senate Finance and Public Utilities Committee offered the following amendment:
Amend HB 1455 by striking lines 32 and 33 of page 2 and inserting in lieu thereof the following:
"designate the exact amount to be deducted. Any employee who".
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:

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Those voting in the affirmative were Senators:

Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Dean Farrow Glanton

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

Those voting in the negative were Senators:

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

Crotts Edge Egan

Gochenour Guhl

Those not voting were Senators:

Newbill Ragan of 32nd

Abernathy Alien (excused) Day

Gillis Langford of 35th

Perdue Starr

On the passage of the bill, the yeas were 42, nays 7.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 685. By Representatives Bostick of the 165th and Greene of the 158th:
A bill to amend Code Section 47-2-317 of the Official Code of Georgia Annotated, relating to membership in the Employees' Retirement System by officers and em ployees of the Georgia Agrirama Development Authority, so as to provide that such persons may purchase creditable service for service with such authority ren dered prior to the date such persons became members of the retirement system.
Senate Sponsor: Senator Blitch of the 7th.

WEDNESDAY, FEBRUARY 16, 1994

731

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

DEPARTMENT OF AUDITS 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400
October 28, 1993
Honorable Bill Cummings, Chairman Retirement Committee House of Representatives State Capitol, Room 402 Atlanta, Georgia 30334

SUBJECT: Actuarial Investigation House Bill 685 (LC 21 2189) Employees' Retirement System

Dear Representative Cummings:

This bill would allow certain members of the Employees' Retirement System who are officers or employees of the Georgia Agrirama Development Authority to purchase credita ble service for service with the authority rendered prior to the day such persons became members of the retirement system. In order to receive such creditable service, the member must pay to the board of trustees the employee contributions which would have been paid to the retirement system during the period of employment plus 5 percent interest com pounded annually.

The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actu arial assumptions and methods.

(1) The amount of unfunded actuarial accrued liability which will re

sult from the bill.

$ 101,000

(2) The amount of annual normal cost which will result from the bill. $

0

(3) The employer contribution rate currently in effect.

15.71%

(4) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10).

15.71%

(5) The dollar amount of the increase in the annual employer contribu

tion which is necessary to maintain the retirement system in an ac-

tuarially sound condition.

$

7,000

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.

Sincerely,
/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 Baugh

Blitch Boshears

Bowen Brown of 26th

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Burton Cheeks Coleman
D ean Harbison
Hemmer Hill Hooks Huggins

Kemp Langford of 29th Madden
Marable Middleton
Ollver Perdue Pollard Ragan of llth

Ray Robinson Scott
Slotin Taylor
Thomas Thompson Turner Walker

Those voting in the negative were Senators:

Balfour Broun of 46th Clay Crotts Day Edge

Egan Farrow Glanton Gochenour Guhl Henson

Those not voting were Senators:

Alien (excused) Langford of 35th

Parrish

Isakson McGuire Newbill Ragan of 32nd Ralston Tysinger
Starr

On the passage of the bill, the yeas were 34, nays 18. The bill, having received the requisite constitutional majority, was passed.

HB 1561. By Representatives Dixon of the 150th, Bordeaux of the 151st, Buck of the 135th and others:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxation, so as to provide an exemption with respect to the use of certain cargo containers and related chassis in intrastate or interstate commerce.
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 Balfour Baugh Blitch Boshears Bowen Brown of 26th Burton Cheeks Clay Coleman Crotts Day Dean

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

Kemp Langford of 29th Madden Marable McGuire Middleton Newbill Oliver Perdue Pollard Ragan of 32nd Ralston Ray Robinson

WEDNESDAY, FEBRUARY 16, 1994

733

Scott Slotin Taylor

Thomas Thompson Turner

Those not voting were Senators:

Alien (excused) Broun of 46th

Langford of 35th Parrish

Tysinger Walker
Ragan of llth Starr

On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed.

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.
Senate Sponsor: Senator Farrow of the 54th.

The Senate Judiciary Committee offered the following substitute to HB 337:

A BILL
To be entitled an Act 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 Sec tion 9-11-62; to provide for the issuance of a writ of execution for the judgment amount and a writ of possession at the expiration of ten days after the entry of judgment against a tenant; to change the provisions relating to appeals and the practices and procedures con nected therewith; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 3 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to dispossessory proceedings, is amended by striking in its entirety subsection (a) of Code Section 44-7-53, relating to when writ of possession may be issued, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) If the tenant fails to answer as provided in subsection (b) of Code Section 44-7-51, the court shall issue a writ of possession instanter notwithstanding Code Section 9-11-55 or Code Section 9-11-62; and the plaintiff shall be entitled to a verdict and judgment by d? fault for all rents due, in open court or in chambers, as if every item and paragraph of the affidavit provided for in Code Section 44-7-50 were supported by proper evidence, without the intervention of a jury."
Section 2. Said article is further amended by striking in its entirety subsection (a) of Code Section 44-7-55, relating to judgment and landlord's liability for wrongful conduct, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) If, on the trial of the case, the judgment is against the tenant, judgment shall be entered against the tenant for all rents due and for any other claim relating to the dispute. The court shall issue a writ of execution for the judgment amount and a writ of possession at the expiration of ten days after the date such judgment was entered, except as otherwise provided in Code Section 44-7-56."
Section 3. Said article is further amended by striking in its entirety Code Section 44-756, relating to appeal and payment of rent pending appeal, and inserting in lieu thereof a new Code Section 44-7-56 to read as follows:

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"44-7-56. Any judgment by the trial court shall be appealable pursuant to Chapters 2, 3, 6, and 7 of Title 5, provided that any such appeal shall be filed within ten days of the date such judgment was entered and provided, further, that, after the notice of appeal is filed with the clerk of the trial court, the clerk shall immediately notify the trial judge of the notice of appeal and the trial judge may, within 15 days, supplement the record with find ings of fact and conclusions of law which will be considered as a part of the order of the judge in that case. If the judgment of the trial court is against the tenant and the tenant appeals this judgment, the tenant shall remain in possession of the premises; provided, how ever, that the tenant shall be required to pay rent into the registry of the trial court pursu ant to paragraph (1) of subsection (a) of Code Section 44-7-54 until the issue has been finally determined on appeal."
Section 4. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

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

Voting in the negative was Senator McGuire.

Those not voting were Senators:

Alien (excused) Blitch Langford of 35th

Parrish Perdue

Starr Taylor

On the passage of the bill, the yeas were 48, nays 1.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator McGuire of the 30th gave notice that at the proper time he would move that the Senate reconsider its action on HB 337.

WEDNESDAY, FEBRUARY 16, 1994

735

Senator Robinson of the 16th, President Pro Tempore, assumed the Chair.

HB 1281. By Representative Randall of the 127th:
A bill to amend Article 3 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to costs and compensation in probate courts, so as to provide for certain additional costs for specific services; to amend Code Section 29-4-12 of the Official Code of Georgia Annotated, relating to appointed guardians, so as to change the provisions relating to the oaths of office of guardians.
Senate Sponsor: Senator Egan of the 40th.

The Senate Special Judiciary Committee offered the following substitute to HB 1281:

A BILL

To be entitled an Act to amend Article 3 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to costs and compensation in probate courts, so as to provide for certain additional costs for specific services; to amend Code Section 29-4-12 of the Offi cial Code of Georgia Annotated, relating to appointed guardians, so as to change the provi sions relating to the oaths of office of guardians; to amend Part 1 of Article 2 of Chapter 6 of Title 53 of the Official Code of Georgia Annotated, relating to general provisions relative to the appointment and qualifications of administrators and executors, so as to change the provisions relative to the appointment and qualification of administrators and executors; to amend Code Section 53-7-50 of the Official Code of Georgia Annotated, relating to property upon which levy may be made on judgment on fiduciary's bond, so as to authorize the pro bate court to grant judgment and execution in favor of a surety against a principal; to amend Part 1 of Article 2 of Chapter 8 of Title 53 of the Official Code of Georgia Annotated, relating to general provisions relative to sales and conveyances of estate property by admin istrators and executors, so as to provide for sales of estate property by temporary adminis trators; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article 3 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to costs and compensation in probate courts, is amended by adding at the end of subsection (a) of Code Section 15-9-60, relating to costs, new paragraphs (29), (30), (31), and (32) to read as follows:

"(29) Requests to terminate temporary guardianship of a minor

12.00

(30) Petition to remove obstruction from a private way

49.00

(31) Application by administrator for waiver of bond or grant of certain pow ers.............................................................. 49.00

(32) Alcoholics and drug users (petition to determine the issue of hospitaliza-

tion under Chapter 7 of Title 37);

For whole service in connection with each such case

56.00

For services when petition filed but subsequently withdrawn or dismissed

before hearing ................................................... 30.00"

Section 2. Code Section 29-4-12 of the Official Code of Georgia Annotated, relating to appointed guardians, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Before entering upon the duties of his the appointment, every guardian appointed by the judge of the probate court shall take an oath or affirmation before the judge to per form well and truly the duties required of him as a guardian and to account faithfully to Ws the ward for the estate. The oath or affirmation oT a guardian may be subscribed before the

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JOURNAL OF THE SENATE

judge or clerk of any probate court of this state. The judge of the probate court who ap points a guardian shall have the authority to grant a commission to a judge or clerk of any court of record of any other state to administer the oath or affirmation."
Section 3. Part 1 of Article 2 of Chapter 6 of Title 53 of the Official Code of Georgia Annotated, relating to general provisions relative to the appointment and qualification of administrators and executors, is amended by striking Code Sections 53-6-32 and 53-6-33 in their entirety and inserting in lieu thereof new Code Sections 53-6-32 and 53-6-33 to read as follows:
"53-6-32. (a) Every administrator, when qualified (which qualification may be done at any time if appointed at a regular term), shall take and subscribe the following oath or affirmation:
'I do solemnly swear (or affirm) that A.B., deceased, died intestate, so far as I know or believe, and that I will well and truly administer on all the estate of the decedent, and disburse the same as the law requires, and discharge to the best of my ability all my duties as administrator. So help me God.'
(b) The oath or affirmation of an administrator as provided in subsection (a) of this Code~section may be subscribed before the judge or clerk of any probate court of this state. The judge of the probate court who appoints an administrator shall have the authority to grant a commission to a judge or clerk of any court of record of any other state to adminis ter the oath or affirmation.
53-6-33. (a) Every executor and every administrator with the will annexed, upon qualifi cation, shall take and subscribe the following oath or affirmation:
'I do solemnly swear (or affirm) that this writing contains the true last will of the within-named A.B., deceased, so far as I know or believe, and that I will well and truly execute the same in accordance with the laws of the state. So help me God.'
(b) The oath or affirmation of an executor or administrator with the will annexed as provided in subsection (a) of this Code section may be subscribed before the judge or clerk of any probate court of this state. The judge of the probate court who appoints an executor or administrator shall have the authority to grant a commission to a judge or clerk of any court of record of any other state to administer the oath or affirmation."
Section 4. Code Section 53-7-50 of the Official Code of Georgia Annotated, relating to property upon which levy may be made on judgment on fiduciary's bond, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 537-50 to read as follows:
"53-7-50. (a) When a judgment has been obtained against the principal and surety or sureties on the~6~ond of an administrator, executor, guardian, or other fiduciary, a levy may be made upon any property of any defendant in fi. fa.
(b) The judge of the probate court shall be authorized to enter a judgment and to issue a writ of execution against the principal and surety or sureties on the bond of an adminis trator, executor, guardian, or other fiduciary and shall be further authorized to grant judg ment and execution in favor of the surety or sureties against the principal upon payment of the judgment by the surety or sureties."
Section 5. Part 1 of Article 2 of Chapter 8 of Title 53 of the Official Code of Georgia Annotated, relating to general provisions relative to sales and conveyances of estate prop erty by administrators and executors, is amended by striking Code Section 53-8-23, relating to the sale of real property generally, and inserting in lieu thereof a new Code Section 53-823 to read as follows:
"53-8-23. (a) If at any time it becomes necessary for the payment of the debts of the estate or for the purpose of distribution to sell the real property of the decedent, the admin istrator or executor shall, by written petition, apply to the judge of the probate court for leave to sell, setting forth in the petition the reason therefor; and notice of the same shall be

WEDNESDAY, FEBRUARY 16, 1994

737

published once a week for four weeks before the hearing in the newspaper in which county advertisements are published. If no objection is filed and the judge is satisfied of the truth of the allegation in the petition, an order shall be passed granting the leave to sell and specifying the real property as definitely as possible. The order by the judge granting per mission to an executor or an administrator with the will annexed to sell shall be binding, final, and conclusive as to all devisees under the will of the testator regardless of any prior assent of the executor to the devise in the will. Nothing contained in this Code section shall prevent the devisee from entering an appeal from the order within the time provided by law or from filing a claim to the real property prior to the actual sale thereof by the executor or the administrator with the will annexed. Nothing in this Code section shall prevent a bona fide purchaser or mortgagee of the real property who purchased prior to the order of the judge and who holds under a deed or mortgage duly recorded prior to the order from assert ing his title to the real property by showing that the executor had assented expressly or impliedly to the devise in the will prior to the order to sell. Nothing contained in this Code section shall limit the powers contained in the will of a decedent.
(b) A temporary administrator of an estate shall be authorized to petition the probate courFTor leave to sell real property following the same procedure as prescribed for the sale of real property by administrators and executors in subsection (a) of this Code section; pro vided, however, that good cause is shown."
Section 6. Said part is further amended by striking in its entirety Code Section 53-8-34, relating to the private sale of estate property, and inserting in lieu thereof a new Code Section 53-8-34 to read as follows:
"53-8-34. (a) The administrator or executor of an estate may petition the judge of the probate court for leave to sell property of the estate, both real and personal, at private sale, to pay debts as well as for distribution. Except as otherwise provided, the method of private sale shall be in the same manner as that prescribed for the sale of property by guardians under Code Sections 29-2-3 and 29-2-4; provided, however, that the judge shall consider the petition and shall hear evidence thereon and, if he the judge shall determine from a consid eration of the evidence that the proposed transaction is fair and in the best interest of the estate, he the judge shall, by appropriate order, permit the sale and direct the disposition of the proceeds of the sale.
(b) A temporary administrator of an estate may petition the judge of the probate court for leave to sell property of the estate, both real and personal, at private sale, for good cause shown, following the same procedure as prescribed for administrators and executors in sub section (a) of this Code sectionT
{b> (c) The adult heirs of the estate who reside within this state shall be served person ally with a copy of the petition and citation. For the heirs who are minors or incompetents and who reside within this state, as disclosed by the petition, the judge shall, upon the petition being filed, appoint a guardian or guardians ad litem, who shall be served with a copy of the petition and citation, and such guardian or guardians ad litem shall answer the petition. As to minor or incompetent heirs who reside outside this state, as disclosed by the petition, service shall be made by the judge by registered or certified mail to the last known address of the minors or incompetents, and a guardian or guardians ad litem shall be ap pointed by the judge, upon the petition being filed, for such minors or incompetents, as provided in this subsection. As to competent adult heirs who reside outside this state, ser vice shall be made by the judge upon such adults by registered or certified mail to the last known address of such heirs.
{e} (d) If upon hearing evidence the judge finds that a transaction proposed by a party other than the petitioner is fairer than the transaction proposed by the petitioner and is in the best interests of the estate, the judge may by appropriate order permit the sale proposed by such other party."
Section 7. All laws and parts of laws in conflict with this Act are repealed.

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On the adoption of the substitute, the yeas were 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 Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Coleman Crotts Day Dean Edge Egan

Farrow Gillis Gochenour Guhl Harbison Hemmer Henson Hooks Huggins Isakson Kemp Langford of 29th Madden Marable McGuire Middleton

Those not voting were Senators:

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

Alien (excused) Clay Glanton

Hill Langford of 35th Parrish

Perdue Robinson (presiding) Starr

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 1383. By Representatives Baker of the 70th, Bordeaux of the 151st, Orrock of the 56th and Cummings of the 27th:
A bill to amend Code Section 47-3-41 of the Official Code of Georgia Annotated, relating to the annuity savings fund of the Teachers Retirement System of Geor gia, so as to provide that the board of trustees of such retirement system shall establish the percentage of the salaries of the members of such system which shall be paid to the system as employee contributions.
Senate Sponsor: Senator Brown of the 26th.
The following Fiscal Note, as required by law, was read by the Secretary:

WEDNESDAY, FEBRUARY 16, 1994

739

DEPARTMENT OF AUDITS 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400
January 12, 1994
The Honorable Bill Cummings, Chairman House Retirement Committee House of Representatives State Capitol, Room 402 Atlanta, Georgia 30334
SUBJECT: State Auditor's Certification House Bill 1383 (LC 21 2576) Teachers Retirement System
Dear Representative Cummings:
This bill would authorize the Board of Trustees of the Teachers Retirement System of Georgia to establish the percentage of a member's salary to be paid as the employee's con tribution. The percentage cannot be less than 5 percent or greater than the current 6 per cent rate.
This is to certify that this is a nonfiscal retirement bill as defined in the Public Retire ment Systems Standards Law.
Sincerely,
/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 Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Day Dean Edge Egan

Farrow Gillis Glanton Gochenour Guhl Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable McGuire

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

Those not voting were Senators:

Alien (excused) Langford of 35th

Robinson (presiding) Starr

Walker

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

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JOURNAL OF THE SENATE

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

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.
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 Boshears Bowen Broun of 46th Brown of 26th Burton CClhaeyeks Coleman
Crotts Day Edge Egan Farrow

Gillis Glanton Gochenour Guhl Harbison Hemmer Henson Hill HHouogkgsins Kemp
Langford of 29th Madden Marable McGuire Middleton

Newbill Oliver Parrish Perdue Pollard R of 32nd Ralston R "Scaoytt Slotln
Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Alien (excused) Blitch Dean

Isakson Langford of 35th Ragan of llth

Robinson (presiding) Starr Taylor

On the passage of the bill, the yeas were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 147. By Representatives Chambless of the 163rd, Bostick of the 165th, Thomas of the 100th and Hammond of the 32nd:
A bill to repeal Code Section 47-8-66 of the Official Code of Georgia Annotated, which prohibits any person appointed to or elected to public office from serving as senior judge under Chapter 8 of Title 47, the Superior Court Judges Retire ment Fund of Georgia.
Senate Sponsor: Senator Taylor of the 12th.

WEDNESDAY, FEBRUARY 16, 1994

741

The following Fiscal Notes, as required by law, were 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 Tommy Chambless

State Representative

FROM:

Claude L. Vickers, State Auditor

DATE:

January 6, 1993

SUBJECT: House Bill 147 (LC 21 1968) Superior Court Judges Retirement Fund
This bill would repeal Code Section 47-8-66 of the Official Code of Georgia Annotated. The purpose of this section is to permit any superior court judge who may have been ap pointed senior judge or who is eligible for such appointment to accept another office of profit or'trust without affecting his existing rights, except that while holding another office, the right to hold the office of senior judge is suspended and the right to receive the salary or allowances provided a senior judge is suspended.
This is to certify that this is a fiscal retirement bill as defined in the Public Retirement Systems Standards Law.

M Claude L. Vickers State Auditor

September 17, 1993
Hon. Claude L. Vickers, State Auditor Department of Audits 254 Washington Street, Room 214 Atlanta, Georgia 30334
Dear Mr. Vickers:
Re: House Bill 147 (LC 21 2482S)

As requested, we have made an actuarial investigation of the impact of House Bill 147 (LC 21 2482S) on the Georgia Trial Judges and Solicitors Retirement Fund in accordance with the requirements of Code Section 47-20-36.
This Bill would repeal the provision which prohibits a judge or solicitor of an inferior court who is receiving a benefit from holding another elected or appointed state office. We do not know how many judges would be affected by this legislation. However, if 20% of the retired judges are elected or appointed to state office and as a result of this legislation re ceive benefits they would not have otherwise received, the estimated annual cost to the Fund would be $43,000.
The following table reflects the unfunded actuarial accrued liability and recommended employer contributions before and after the proposed amendment. The recommended em ployer contribution rates are in conformity with all minimum funding standards specified by Code Section 47-20-10. All amounts are $ thousands.

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Unfunded (Surplus) Actuarial Accrued Liability
Annual Contribution

Before Legislation

After Legislation

Increase Due to Legislation

$ (2,277.3)
Annual % Amount

$ (2,234.3)

Annual

%

Amount

$ 43.0
Annual % Amount

Normal Accrued Liability

16.32% $ 768.6 16.32% $ 768.6 0.00% $ 0.0

(4.74)

(223.2) (3.83)

(180.2) 0.91

43.0

Total

11.58% $ 545.4 12.49% $ 588.4 0.91% $ 43.0

The preceding figures are based on the employee data, actuarial assumptions and actua rial methods used to prepare the June 30, 1991 actuarial valuation of the Fund, together with an estimated payroll of $4,709,354.
Sincerely yours,
Is/ Donald M. Overholser Consulting Actuary

DEPARTMENT OF AUDITS 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400
October 28, 1993
Honorable Bill Cummings, Chairman Retirement Committee House of Representatives State Capitol, Room 402 Atlanta, Georgia 30334
SUBJECT: Actuarial Investigation House Bill 147 (LC 21 2482S) Superior Court Judges Retirement Fund, Trial Judges and Solicitors Retirement Fund
Dear Representative Cummings:
This bill would repeal certain provisions which prohibit retired superior court judges, state court judges, and state court solicitors who are receiving benefits from their respective retirement systems from holding public office or engaging in the private practice of law.
The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actu arial assumptions and methods.
1) Superior Court Judges Retirement Fund
According to the system's actuary the impact would be:

(1) The amount of unfunded actuarial accrued liability which will re

sult from the bill.

$

(2) The amount of annual normal cost which will result from the bill. $

(3) The employer contribution rate currently in effect.

0 0 8.00%

WEDNESDAY, FEBRUARY 16, 1994

743

(4) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10).

(5) The dollar amount of the increase in the annual employer contribu

tion which is necessary to maintain the retirement system in an ac-

tuarially sound condition.

$

2) Trial Judges and Solicitors Retirement Fund

According to the system's actuary the impact would be:

(1) The amount of unfunded actuarial accrued liability which will re

sult from the bill,

$

(2) The amount of annual normal cost which will result from the bill. $

(3) The employer contribution rate currently in effect.

(4) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10).

(5) The dollar amount of the increase in the annual employer contribu

tion which is necessary to maintain the retirement system in an ac-

tuarially sound condition.

$

8.00% 0
43,000 0
11.58% 12.49% 43,000

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.
Sincerely,
Is,/ Claude L. Vickers State Auditor

Office of Treasury and Fiscal Services 200 Piedmont Avenue, Suite 1516, West Tower
Atlanta, Georgia 30334-5527
September 17, 1993
Mr. Claude L. Vickers, State Auditor Department of Audits 254 Washington Street Room 214 Atlanta, Georgia 30334
Re: House Bill 147 (Substitute) LC 21 2482S
Dear Mr. Vickers:
As requested, we have studied the actuarial impact of House Bill 147/LC 21 2482S. This bill would amend three different retirement systems for what is essentially the same general purpose. Of the two that we administer, this bill seems to concern questions more of a policy nature than of actuarial cost.
The first two sections would amend the Superior Court Judges Retirement Fund. Sec tion 1 would delete the sentence prohibiting retirees from practicing law in the Federal courts. Since the Supreme Court of Georgia has already declared this wording to be of no force or effect, deleting the wording altogether will not result in any additional change in cost. Section 2 would delete the provision requiring the suspension of benefits should a re tiree occupy an office of profit or trust. As there has been no such suspension of benefits for at least the last fifteen years, there is no accurate basis to project the cost savings to the State that would be forgone if suspension of benefits were no longer required. However, since it is prepared assuming no such suspension of benefits, there will be no increase in budgeted costs to the State.

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Section 3 of the bill seeks to amend the Superior Court Judges Retirement System by deleting the prohibition against senior judges practicing law or holding another office of this state. The same Supreme Court decision previously mentioned also overrules the prohibi tion under this plan. Thus, removing language of no force or effect from the statute will have no cost effect. Since the inception of this system on December 31, 1976, no member has ever elected to forgo retirement benefits in order to hold another office of this state. Thus, there would be no change in cost to the State since the actuarial estimates are based upon the assumption that all members will receive benefits from the date of retirement to the date of death without forsaking benefits to hold another office of this state.
We offer no comment on Section 4 of the Bill as we do not administer the Trial Judges and Solicitors Retirement System.
Please contact me should you have any questions.
Sincerely,
/s/ Ben Jones, Jr. Deputy Director
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Farrow Gillis Glanton Gochenour Guhl Harbison Hemmer Henson Hill Hooks Huggins Kemp Langford of 29th Madden Marable McGuire

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

Those not voting were Senators:

Alien (excused) Isakson Langford of 35th

Ragan of llth Robinson (presiding)

Starr Walker

On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, FEBRUARY 16, 1994

745

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.
Senate Sponsor: Senator Cheeks of the 23rd.
The Senate Public Safety Committee offered the following substitute to HB 690:
A BILL
To be entitled an Act to amend Chapter 15 of Title 17 of the Official Code of Georgia Annotated, relating to victim compensation, so as to change the definition of certain terms and to define additional terms; to repeal certain provisions applicable to the former Georgia Crime Victims Compensation Board; to change the powers of the board; to provide for pow ers and duties of the Criminal Justice Coordinating Council and the director of such council; to authorize victim compensation payments to be made directly to direct service providers under certain conditions; to provide for direct payments to the victim or claimant for cer tain losses or reimbursement; to provide for priority of payments; to change the provisions relating to investigation reports and the distribution of such reports; to provide for confi dentiality of certain information; to provide that a person who is not a direct service pro vider and who assumes the cost of an eligible expense of a victim shall be eligible for an award; to provide that no award shall be made to a victim of a crime for loss of property; to provide that persons who have been convicted of a felony involving criminally injurious con duct and who are currently serving a sentence therefor shall not be eligible for an award; to provide for applicability of a certain term; to provide a maximum amount of award for certain categories of losses; to change the maximum amount of award which may be made to a victim and to all other claimants sustaining economic loss because of injury to or death of such victim; to authorize an award for the cost of psychological counseling for certain rela tives of a deceased victim; to authorize the board to expend a portion of the moneys col lected and paid into the Georgia Crime Victims Emergency Fund to provide funding to victim service providers for public information purposes and for the dissemination of mater ials; to amend Code Section 15-21-112 of the Official Code of Georgia Annotated, relating to additional penalty for violation of Code Section 40-6-391, so as to provide for such addi tional penalty for a violation of Code Section 40-6-391 with respect to cases in any juvenile court; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 15 of Title 17 of the Official Code of Georgia Annotated, relating to victim compensation, is amended by striking in its entirety Code Section 17-15-2, relating to definitions applicable to victim compensation, and inserting in lieu thereof a new Code Sec tion 17-15-2 to read as follows:
"17-15-2. As used in this chapter, the term:
(1) 'Board' means the Georgia Crime Victims Compensation Board Criminal Justice Coordinating Council.
(2) 'Claimant' means any person filing a claim pursuant to this chapter.
(3) 'Crime' means an act committed in this state which constitutes a violent crime as defined by state or federal law and which results in physical injury, financial hardship, or death to the victim.
(4) 'Direct service provider' means a public or nonprofit entity which provides aid, care, and assistance to a victim.

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{4} (5) 'Director' means the director of the Georgia Crime Victims Emergency Fund CriminalTustice Coordinating Council.
{&) (6) 'Fund' means the Georgia Crime Victims Emergency Fund.
4& (7) 'Investigator' means an investigator of the board.
W (8) 'Victim' means a person who suffers financial hardship as a result of a personal physical~mjury, financial hardship, or death as a direct result of a crime."
Section 2. Said chapter is further amended by striking in its entirety Code Section 1715-3, relating to the creation of the Georgia Crime Victims Compensation Board, and in serting in lieu thereof a new Code Section 17-15-3 to read as follows:
"17-15-3. (a) The five-member Georgia Crime Victims Compensation Board in existence on June 30, 1992, is abolished.
(b) There is created the Georgia Crime Victims Compensation Board. The Criminal Justice Coordinating Council created under Chapter 6A of Title 35 shall serve as the Geor gia Crime Victims Compensation Board.
(c) Each member of the board ahall receive the same per diem cxpcnac allowance an that received by members of the General Assembly for each day a board member i3 in at tendance at a meeting of the board, plua reimbursement for actual transportation coats in curred while traveling by public carrier or the mileage allowance authorized for certain state officiate and employees for the uac of a pcraonal automobile in connection with aueh attend ance. The above ahall be paid in lieu of any other per diem, allowance, or remuneration.
W (c) The Governor shall appoint the director of the Georgia Crime Victims Emer gency Fund Criminal Justice Coordinating Council to carry out the provisions of this chapter.
Section 3. Said chapter is further amended by striking in its entirety Code Section 1715-4, relating to the powers of the board, and inserting in lieu thereof a new Code Section 17-15-4 to read as follows:
"17-15-4. (a) The board shall have the following powers and duties:
(1) To appoint ouch cmploycco ncccaoary to aoaist the director in carrying out the provi aiona of this chapter. Such employees shall be subject to Chapter 20 of Title 46, relating to the state merit system;
(2) To contract for services from attorneys, actuaries, investigators, and other apceializcd pcraonncl aa shall be necessary to enable the board to carry out its functions,
(3) (1) To promulgate suitable rules and regulations to carry out the provisions and purposes~of this chapter;
<4> (2) To request from the Attorney General, the Department of Public Safety, the Georgia bureau of Investigation, district attorneys, solicitors, judges, county and municipal law enforcement agencies, and any other agency or department such assistance and data as will enable the board to determine the needs state wide for victim assistance compensation and whether, and the extent to which, a claimant qualifies for an award. Any person, agency, or department listed above is authorized to provide the board with the information requested upon receipt of a request from the board. Any provision of law providing for confidentiality of records does not apply to a request of the board pursuant to this Code section; provided, however, that the board shall preserve the confidentiality of any such records received;
<& (3) To hear and determine all appeals of denied claims for awards filed with the board pursuant to this chapter and to reinvestigate or reopen cases as the board deems necessary;
{6} (4) To apply for funds from, and to submit all necessary forms to, any federal

WEDNESDAY, FEBRUARY 16, 1994

747

agency participating in a cooperative program to compensate victims of crime and to receive and administer federal funds for the purposes of this chapter;
?} (5) To render awards to victims of crimes or to those other persons entitled to re ceive awards in the manner authorized by this chapter; . Victim compensation payments may be made directly to direct service providers who are not the recipients of local, state, federal, or private grant funds awarded for purposes of providing direct services to crime victims. A victim or claimant may be paid directly in the case of lost wages, loss of support, and instances where the victim or claimant has paid the direct service provider and is filing for reimbursement. In all cases where the victim has incurred out-of-pocket expenses, such as lost wages or loss of support or in cases where the victim or claimant has paid the direct service provider directly and is filing for reimbursement, the victim or claimant shall be paid first be^ftcore any third party;
i& (6) To carry out programs designed to inform the public of the purposes of this chapter;~and
{9} (7) To render each year to the Governor and to the General Assembly a written report oFTts activities pursuant to this chapter.
(b) The board shall assist applicants with their claims for restitution compensation through educational programs and administrative assistance."
Section 4. Said chapter is further amended by striking in its entirety Code Section 1715-6, relating to investigations of claims for awards of compensation, and inserting in lieu thereof a new Code Section 17-15-6 to read as follows:
"17-15-6. (a) A claim, once accepted for filing and completed, must be assigned to an investigator. The investigator shall examine the papers filed in support of the claim and cause an investigation to be conducted into the validity of the claim. The investigation shall include, but not be limited to, an examination of police law enforcement, court, and official records and reports concerning the crime and an examination of medical, financial, and hos pital reports relating to the injury or loss upon which the claim is based. All claims arising from the death of an individual as a direct result of a crime must be considered together by a single investigator.
(b) Claims must be investigated and determined regardless of whether the alleged crim inal has been apprehended, prosecuted, or convicted of any crime based upon the same incident or whether the alleged criminal has been acquitted or found not guilty of the crime in question.
(c) The investigator conducting the investigation shall file with the director a written report setting forth a recommendation and his the investigator's reason therefor. The direc tor shall render a decision and furnish the victim or claimant with a copy of the report if so requested. In cases where an investigative report is provided, information deemed confiden tial in nature shall be excluded.
(d) The claimant may, within 30 days after receipt of the report of the decision of the director, make an application in writing to the director for review of the decision.
(e) Upon receipt of an application for review pursuant to subsection (d) of this Code section, the director shall forward all relevant documents and information to the board. The board shall review the records and affirm or modify the decision of the director. If consid ered necessary by the board or if requested by the claimant, the board shall order a hearing prior to rendering a decision. At the hearing, any relevant evidence not legally privileged is admissible. The board shall render a decision within 90 days after completion of the investi gation. If the director receives no application for review pursuant to subsection (d) of this Code section, his the director's decision becomes final.
(f) The board, for purposes of this chapter, may subpoena witnesses, administer or cause to be administered oaths, and examine such parts of the books and records of the parties to proceedings as relate to questions in dispute.

748

JOURNAL OF THE SENATE

(g) The director shall, within ten days after receipt of the board's final decision, make a report to the claimant including a copy of the final decision and the reasons why the deci sion was made."
Section 5. Said chapter is further amended by striking in its entirety Code Section 1715-7, relating to persons eligible for awards, and inserting in lieu thereof a new Code Section 17-15-7 to read as follows:
"17-15-7. (a) Except as otherwise provided in this Code section, the following persons are eligible for awards pursuant to this chapter:
(1) A victim;
(2) A dependent spouse or child of a victim;
(3) Any person who goes to the aid of another and suffers physical injury or death as a direct result of acting, not recklessly, to prevent the commission of a crime, to apprehend lawfully a person reasonably suspected of having committed a crime, or to aid the victim of a crime or any person who is injured or killed while aiding or attempting to aid a law en forcement officer in the prevention of crime or apprehension of a criminal at the officer's request; er
(4) Any person who is a victim of family violence as defined by Code Section 19-13-1 and anyone who is a victim as a result of a violation of Code Section 40-6-391: ; or
(5) Any person who is not a direct service provider and who assumes the cost of an eligible expense of a victim regardless of such person's relationship to the victim or whether such person is a dependent of the victim.
(b) (1) Victims may be legal residents or nonresidents of this state. No victim, whether a legal resident of this state or another state, is entitled to receive compensation pursuant to this chapter if such person has received crime victims compensation pursuant to a similar law of another state or was the victim of a crime committed in another state where an eligible crime victims compensation statute exists. A victim of a crime committed in another state, which victim is a legal resident of this state, may receive compensation pursuant to this chapter if that other state does not have an eligible crime victims compensation pro gram. A surviving spouse, parent, or child who is legally dependent for his or her principal support upon a deceased victim is entitled to file a claim under this chapter if the deceased victim would have been so entitled, regardless of the residence or nationality of the surviv ing spouse, parent, or child.
(2) Victims of crimes occurring within this state who are subject to federal jurisdiction shall be compensated on the same basis as resident victims of crime.
(c) No award of any kind shall be made under this chapter to a victim injured while confined in any federal, state, county, or municipal jail, prison, or other correctional facility.
(d) No award of any kind shall be made under this chapter to a victim of a crime which occurred prior to July 1, 1989.
(e) A person who is criminally responsible for the crime upon which a claim is based or is an accomplice of such person shall not be eligible to receive an award with respect to such claim.
(f) There shall be no denial of compensation to a victim based on that victim's familial relationship with the person who is criminally responsible for the crime.
(g) No award of any kind shall be made under this chapter to a victim of a crime for loss of property!
(h) A victim or claimant who has been convicted of a felony involving criminally injurious conduct and who is currently serving a sentence therefor shall not be considered eligible to receive an award under this chapter. For purposes of this subsection, 'criminally injurious conduct' means an act which occurs or is attempted in this state that results in personal injury or death to a victim, which act is punishable by fine, imprisonment, or death. Such

WEDNESDAY, FEBRUARY 16, 1994

749

term shall not include acts arising out of the operation of motor vehicles, boats, or aircraft unless the acts were committed with the intent to inflict injury or death or unless the acts committed were in violation of Code Section 40-6-391. For the purposes of this subsection, a person shall be deemed to have committed criminally injurious conduct notwithstanding that by reason of age, insanity, drunkenness, or other reason, he or she was legally incapable of committing a crime."

Section 6. Said chapter is further amended by striking in its entirety Code Section 1715-8, relating to required findings and amount of award, and inserting in lieu thereof a new Code Section 17-15-8 to read as follows:

"17-15-8. (a) No award may be made unless the board or director finds that:

(1) A crime was committed;

(2) The crime directly resulted in physical injury, financial hardship, or death of the victim;

(3) Police records show that the crime was promptly reported to the proper authorities. In no case may an award be made where the police records show that such report was made more than 72 hours after the occurrence of such crime unless the board, for good cause shown, finds the delay to have been justified; and

(4) The applicant has pursued restitution rights against any person who committed the crime unless the board or director determines that such action would not be feasible.

The board, upon finding that any claimant or award recipient has not fully cooperated with all law enforcement agencies, may deny, reduce, or withdraw any award.

(b) Any award made pursuant to this chapter may be in an amount not exceeding ac tual expenses, including indebtedness reasonably incurred for medical expenses, loss of wages, funeral expenses, mental health counseling, or support for dependents of a deceased victim necessary as a direct result of the injury or hardship upon which the claim is based.

(c) (1) Notwithstanding any other provisions of this chapter, no award made under the provisions" of this chapter shall exceed $1,000.00 in the aggregate; provided, however, with respect to any claim filed with the board as a result of a crime occurring on or after July 1, 1994, no award made under the provisions of this chapter payable to a victim and to all other claimants sustaining economic loss because of injury to or death of such victim shall exceed $5,000.00 in the aggregate.

(2) No award under this chapter for the following losses shall exceed the maximum amount authorized:

Category
Lost Wages Funeral Expenses Financial Hardship or
Loss of Support Medical Counselling

Maximum Award



3,000.00'

5,000.00 5,000.00 2,500.00

(d) In determining the amount of an award, the director and board shall determine whether because of his, or her conduct the victim of such crime contributed to the infliction of his or her injury or financial hardship, and the director and board may reduce the amount of the award or reject the claim altogether in accordance with such determination.
(e) The director and board may reject an application for an award when the claimant has failed to cooperate in the verification of the information contained in the application.
(f) Any award made pursuant to this chapter may be received by or set off by the amount of any payments received or to be received as a result of the injury:
(1) From or on behalf of the person who committed the crime;

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(2) From any other private or public source, including an award of workers' compensa tion pursuant to the laws of this state,
provided that private sources shall not include contributions received from family members or persons or private organizations making charitable donations to a victim.
(g) No award made pursuant to this chapter is subject to garnishment, execution, or attachment other than for expenses resulting from the injury which is the basis for the claim.
(h) An award made pursuant to this chapter shall not constitute a payment which is treated as ordinary income under either the provisions of Chapter 7 of Title 48 or, to the extent lawful, under the United States Internal Revenue Code.
(i) Notwithstanding any other provisions of this chapter to the contrary, no awards from state funds shall be paid prior to July 1, 1989.
(j) In any case where a crime results in death, the spouse, children, parents, or siblings of such deceased victim may be considered eligible for an award for the cost of psychological counseling which is deemed necessary as a direct result of said criminal incident. The maxi mum award for said counseling expenses shall not exceed $2,500.00 in the aggregate."
Section 7. Said chapter is further amended by adding at the end thereof a new Code Section 17-15-14 to read as follows:
"17-15-14. The board shall be authorized to designate and expend not more than 15 percent of the moneys collected and paid into the fund pursuant to paragraph (1) of subsec tion (b) of Code Section 17-15-10 and Code Section 17-15-13 to provide funding to victim service providers for the purpose of disseminating materials regarding the availability of compensation for victims of crime and public information purposes regarding the victim compensation program provided in this chapter."
Section 8. Code Section 15-21-112 of the Official Code of Georgia Annotated, relating to additional penalty for violation of Code Section 40-6-391, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) In every case in which any state court; probate court; juvenile court; municipal court, whether known as mayor's, recorder's, or police court; or superior court in this state shall impose a fine, which shall be construed to include costs, for a violation of Code Section 40-6-391, relating to driving under the influence of alcohol or drugs, or a violation of an ordinance of a political subdivision of this state which has adopted by reference Code Sec tion 40-6-391 pursuant to Article 14 of Chapter 6 of Title 40, there shall be imposed as an additional penalty a sum equal to the lesser of $25.00 or 10 percent of the original fine."
Section 9. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 31, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Burton Cheeks Clay Coleman Crotts Day Dean Edge

Farrow Gillis Glanton Gochenour Guhl Harbison Hemmer Henson

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751

Hill Hooks Huggins Kemp Langford of 29th Madden
Marable McGuire

Middleton Newbill Oliver Parrish Perdue Pollard
Ragan of 32nd Ralston

Voting in the negative was Senator Egan.

Those not voting were Senators:

Alien (excused) Isakson Langford of 35th

Ragan of llth Robinson (presiding) Starr

Ray Scott slotin T, inomas Thompson Turner Tysinger
Taylor Walker

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 1369. By Representatives Buck of the 135th, Royal of the 164th, Skipper of the 137th and others:
A bill to amend Code Section 48-7-101 of the Official Code of Georgia Annotated, relating to income tax withholding, so as to authorize the state revenue commis sioner to promulgate regulations for withholding tax with respect to proceeds of certain lottery prizes.
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 Balfour Baugh Blitch Boshears Bowen Broun of 46th BBruorwtonn of 26th
Cheeks Clay Coleman
Crotts Day Dean Edge

Egan Farrow Gillis Glanton Gochenour Guhl Harbison HHeemnsmoner
Hooks Huggins Kemp
Langford of 29th Madden Marable McGuire

Middleton Newbill Oliver Parrish Perdue Pollard D._., ^^afls"to1n
TM*y Scott slotm
Thomas Thompson Turner Tysinger

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Those not voting were Senators:

Alien (excused) Hill Isakson

Langford of 35th Ragan of llth Robinson (presiding)

Starr Taylor Walker

On the passage of the bill, the yeas were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Ray of the 19th moved that the Senate do now adjourn until 9:30 A.M. to morrow; the motion prevailed, and the President Pro Tempore announced the Senate ad journed at 12:25 P.M.

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753

Senate Chamber, Atlanta, Georgia Thursday, February 17, 1994
Twenty-fourth Legislative Day

The Senate met pursuant to adjournment at 9:30 A.M. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1787. By Representative Stephenson of the 25th:
A bill to provide a homestead exemption from all Jackson County School District ad valorem taxes for $10,000.00 of the value of the homestead for certain resi dents of that school district who have annual earned family incomes not exceed ing $18,000.00 and who are 62 years of age or over.
HB 1788. By Representative Stephenson of the 25th:
A bill to provide a homestead exemption from all Jackson County ad valorem taxes for $10,000.00 of the value of the homestead for certain residents of that county who have annual earned family incomes not exceeding $18,000.00 and who are 65 years of age or over.
HB 1664. By Representatives Parrish of the 144th, Byrd of the 170th and McBee of the 88th:
A bill to amend Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to the Geo. L. Smith II Georgia World Congress Center Authority, so as to revise and expand the definition of the term "project"; to expand the powers of the authority to accept and apply gifts; to authorize the disposition of a pro ject not required for continued use by the authority to public entities for public purposes.
HB 1318. By Representative Benefield of the 96th:
A bill to amend Title 32 of the Official Code of Georgia Annotated, known as the "Georgia Code of Public Transportation," so as to change the name of the state highway engineer to the chief engineer.
HB 1544. By Representatives Stancil of the 16th, Lawrence of the 64th, Yeargin of the 90th and Watts of the 26th:
A bill to amend Article 2 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation, so as to provide for a method of local deannexation.

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HB 1177. By Representatives Johnson of the 84th, Harris of the 112th, Streat of the 167th, Ray of the 128th, Coleman of the 80th and others:
A bill to amend Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to conditions of employment of pub lic school system personnel, so as to provide for limitations upon decreases in certain local salary supplements.
HB 562. By Representatives Skipper of the 137th, Vaughan of the 34th, Royal of the 164th, Harris of the 112th and Stancil of the 91st:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use taxation, so as to provide for an exemption from state sales and use taxation for certain sale by certain schools.
HB 1439. By Representatives Holmes of the 53rd, Cauthorn of the 35th and Goodwin of the 79th:
A bill to amend Code Section 45-20-51 of the Official Code of Georgia Annotated, relating to definitions regarding voluntary deductions from wages or salaries of state employees for the benefit of charitable organizations, so as to change the definition of the term "eligible voluntary charitable organization".
HB 879. By Representatives Dobbs of the 92nd, Benefield of the 96th and Patten of the 176th:
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 a reduced civil penalty for violations of maximum weight provisions for cer tain vehicles engaged in collecting and transporting municipal solid waste or re covered materials; to provide definitions; to amend Code Section 40-6-203 of the Official Code of Georgia Annotated.
HB 763. By Representatives Buck of the 135th, Thomas of the 100th, Cummings of the 27th, Crews of the 78th, Smith of the 109th and others:
A bill to amend Article 5 of Chapter 14 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits and other benefits under the Superior Court Clerks' Retirement Fund of Georgia, so as to change the retirement and disability benefits under such system.
HB 1207. By Representatives Ladd of the 59th and Johnston of the 81st:
A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to change the contents of re quired notices of changes in taxpayer returns; to change certain provisions re garding interest on certain taxpayer refunds; to provide for waivers and exemptions.
HB 1130. By Representatives Godbee of the 145th, Coleman of the 142nd, Murphy of the 18th, Purcell of the 147th, Taylor of the 134th and others:
A bill to amend Code Section 20-2-168 of the Official Code of Georgia Annotated, relating to the minimum school year, so as to provide for a new summer school program for certain students who have been retained or failed academic courses and the requirements, conditions, and costs of such program.
HB 650. By Representatives Sherrill of the 62nd and Davis of the 48th:
A bill to amend Article 11 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to personal care home licensing and employee records checks, so as to a change the provisions relating to definitions.

THURSDAY, FEBRUARY 17, 1994

755

HB 326. By Representative Reichert of the 126th:
A bill to amend Article 10 of Chapter 10 of Title 15 of the Official Code of Geor gia Annotated, relating to bad check prosecutions in magistrate courts, so as to provide for an optional procedure for the forfeiture of bonds on misdemeanor bad check violations as a final disposition.
The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 796. By Representatives Lane of the 146th, Patten of the 176th, Dobbs of the 92nd, Polak of the 67th, Barfoot of the 155th and others:
A resolution encouraging the Environmental Protection Division of the Depart ment of Natural Resources and the Board of Natural Resources to utilize market mechanisms to reduce air pollution; encouraging the Environmental Protection Division of the Department of Natural Resources and the Board of Natural Re sources to develop and adopt regulations that institute an emission credit bank ing and trading program.
HR 727. By Representative Evans of the 28th:
A resolution urging the commissioner of natural resources and the director of the Environmental Protection Division of the Georgia Department of Natural Re sources to delay implementation of the centralized emission testing program in Georgia.
The House has passed by the requisite constitutional majority the following bill of the House:
HB 1486. By Representative Lane of the 55th:
A bill to amend Code Section 40-8-76.1 of the Official Code of Georgia Anno tated, relating to the use of safety belts in passenger vehicles, so as to provide that the term passenger vehicle includes pickup trucks or vehicles equipped for off-road use.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 659. By Senators Baugh of the 25th and Kemp of the 3rd:
A bill to amend Part 1 of Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to duties of tax receivers, so as to provide for certifi cations of tax digests. Referred to Committee on Finance and Public Utilities.
SB 660. By Senators Baugh of the 25th, Kemp of the 3rd and Ray of the 19th:
A bill to amend Article 3 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, the "Dangerous Drug Act," so as to remove the requirement that dangerous drugs be kept in their original containers. Referred to Committee on Special Judiciary.
SB 661. By Senators Cheeks of the 23rd, Pollard of the 24th, Hill of the 4th and others:
A bill to amend Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to financial affairs of the General Assembly, so as to repeal the "Local

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Government Impact Fiscal Act"; to provide procedures for the introduction, con sideration, and passage of bills imposing unfunded costs on counties, municipali ties, or school boards or any combination thereof or bills reducing sources of rev enue for counties, municipalities, or school boards or any combination thereof. Referred to Committee on Appropriations.
SB 662. By Senators Day of the 48th and Newbill of the 56th:
A bill to amend Code Section 20-2-255 of the Official Code of Georgia Annotated, relating to charter schools, so as to limit certain outcome based objectives. Referred to Committee on Education.
SB 663. By Senator Thompson of the 33rd:
A bill to provide that the Board of Education of Cobb County shall, at the writ ten request of a teacher or school bus driver, deduct from such person's salary the amount of any professional or association fees or dues owed by such teacher or school bus driver. Referred to Committee on Urban and County Affairs.
SB 664. By Senators Thompson of the 33rd and Clay of the 37th:
A bill to amend an Act creating the Cobb County-Marietta Water Authority, as amended, so as to change certain provisions regarding the qualifications for membership on such authority. Referred to Committee on Urban and County Affairs.
SB 665. By Senators Thompson of the 33rd and Clay of the 37th:
A bill to amend an Act reincorporating the City of Marietta, as amended, so as to change the provisions relating to the mayor pro tern; to provide for members of the city governing authority to be members of the city's pension board, the Mari etta Historic Board of Review, and the Downtown Marietta Development Authority. Referred to Committee on Urban and County Affairs.
SB 666. By Senators Thompson of the 33rd and Clay of the 37th:
A bill to amend an Act creating a new charter for the City of Power Springs, as amended, so as to change the corporate limits of the city; to provide authority for the city manager to levy and collect taxes, fees, charges, and other revenue; to establish the city manager as an ex officio sheriff; to provide an effective date. Referred to Committee on Urban and County Affairs.
SB 667. By Senators Thompson of the 33rd and Clay of the 37th: A bill to amend an Act reincorporating the City of Marietta, as amended, so as to ratify and confirm certain home rule amendments and local Act amendments re lating to the board of lights and waterworks of the City of Marietta; to provide for officers of such board and powers and duties thereof; to provide for a board manager for such board and the powers and duties thereof.
Referred to Committee on Urban and County Affairs.
SR 519. By Senator Middleton of the 50th: A resolution authorizing the disposition, through negotiated sale to or exchange (including without limitation like-kind exchanges) with Georgia Power Company, of real property interests that the State of Georgia now owns or will acquire in property located in Rabun County and Habersham County, Georgia, for the de velopment and operation of a state park at Tallulah Gorge; to further authorize

THURSDAY, FEBRUARY 17, 1994

757

the grant of nonexclusive easements to Georgia Power Company for the opera tion and maintenance. Referred to Committee on Finance and Public Utilities.
SR 522. By Senators Isakson of the 21st, Ragan of the 32nd, Clay of the 37th and Thompson of the 33rd:
A resolution designating the Walter Kelly, Jr., Bridge. Referred to Committee on Transportation.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 326. By Representative Reichert of the 126th:
A bill to amend Article 10 of Chapter 10 of Title 15 of the Official Code of Geor gia Annotated, relating to bad check prosecutions in magistrate courts, so as to provide for an optional procedure for the forfeiture of bonds on misdemeanor bad check violations as a final disposition. Referred to Committee on Special Judiciary.
HB 562. By Representatives Skipper of the 137th, Vaughan of the 34th, 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 taxation, so as to provide for an exemption from state sales and use taxation for certain sale by certain schools. Referred to Committee on Finance and Public Utilities.
HB 650. By Representatives Sherrill of the 62nd and Davis of the 48th:
A bill to amend Article 11 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to personal care home licensing and employee records checks, so as to change the provisions relating to definitions. Referred to Committee on Youth, Aging and Human Ecology.
HB 763. By Representatives Buck of the 135th, Thomas of the 100th, Cummings of the 27th and others:
A bill to amend Article 5 of Chapter 14 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits and other benefits under the Superior Court Clerks' Retirement Fund of Georgia, so as to change the retirement and disability benefits under such system. Referred to Committee on Retirement.
HB 879. By Representatives Dobbs of the 92nd, Benefield of the 96th and Patten of the 176th:
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 a reduced civil penalty for violations of maximum weight provisions for cer tain vehicles engaged in collecting and transporting municipal solid waste or re covered materials; to provide definitions; to amend Code Section 40-6-203 of the Official Code of Georgia Annotated. Referred to Committee on Transportation.

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HB 1130. By Representatives Godbee of the 145th, Coleman of the 142nd, Murphy of the 18th, and others:
A bill to amend Code Section 20-2-168 of the Official Code of Georgia Annotated, relating to the minimum school year, so as to provide for a new summer school program for certain students who have been retained or failed academic courses and the requirements, conditions, and costs of such program. Referred to Committee on Education.
HB 1177. By Representatives Johnson of the 84th, Harris of the 112th, Street of the 167th, and others:
A bill to amend Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to conditions of employment of pub lic school system personnel, so as to provide for limitations upon decreases in certain local salary supplements. Referred to Committee on Education.
HB 1207. By Representatives Ladd of the 59th and Johnston of the 81st:
A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to change the contents of re quired notices of changes in taxpayer returns; to change certain provisions re garding interest on certain taxpayer refunds; to provide for waivers and exemptions. Referred to Committee on Finance and Public Utilities.
HB 1318. By Representative Benefield of the 96th:
A bill to amend Title 32 of the Official Code of Georgia Annotated, known as the "Georgia Code of Public Transportation," so as to change the name of the state highway engineer to the chief engineer. Referred to Committee on Transportation.
HB 1439. By Representatives Holmes of the 53rd, Cauthorn of the 35th and Goodwin of the 79th:
A bill to amend Code Section 45-20-51 of the Official Code of Georgia Annotated, relating to definitions regarding voluntary deductions from wages or salaries of state employees for the benefit of charitable organizations, so as to change the definition of the term "eligible voluntary charitable organization". Referred to Committee on Finance and Public Utilities.
HB 1486. By Representative Lane of the 55th:
A bill to amend Code Section 40-8-76.1 of the Official Code of Georgia Anno tated, relating to the use of safety belts in passenger vehicles, so as to provide that the term passenger vehicle includes pickup trucks or vehicles equipped for off-road use. Referred to Committee on Youth, Aging and Human Ecology.
HB 1544. By Representatives Stancil of the 16th, Lawrence of the 64th, Yeargin of the 90th and Watts of the 26th:
A bill to amend Article 2 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation, so as to provide for a method of local deannexation. Referred to Committee on Urban and County Affairs (General).

THURSDAY, FEBRUARY 17, 1994

759

HB 1664. By Representatives Parrish of the 144th, Byrd of the 170th and McBee of the 88th:
A bill to amend Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to the Geo. L. Smith II Georgia World Congress Center Authority, so as to revise and expand the definition of the term "project"; to expand the powers of the authority to accept and apply gifts; to authorize the disposition of a pro ject not required for continued use by the authority to public entities for public purposes.
Referred to Committee on Economic Development, Tourism and Cultural Affairs.

HB 1787. By Representative Stephenson of the 25th:
A bill to provide a homestead exemption from all Jackson County School District ad valorem taxes for $10,000.00 of the value of the homestead for certain resi dents of that school district who have annual earned family incomes not exceed ing $18,000.00 and who are 62 years of age or over.
Referred to Committee on Urban and County Affairs.

HB 1788. By Representative Stephenson of the 25th:
A bill to provide a homestead exemption from all Jackson County ad valorem taxes for $10,000.00 of the value of the homestead for certain residents of that county who have annual earned family incomes not exceeding $18,000.00 and who are 65 years of age or over.
Referred to Committee on Urban and County Affairs.

HR 727. By Representative Evans of the 28th:
A resolution urging the commissioner of natural resources and the director of the Environmental Protection Division of the Georgia Department of Natural Re sources to delay implementation of the centralized emission testing program in Georgia.
Referred to Committee on Natural Resources.

HR 796. By Representatives Lane of the 146th, Patten of the 176th, Dobbs of the 92nd, and others:
A resolution encouraging the Environmental Protection Division of the Depart ment of Natural Resources and the Board of Natural Resources to utilize market mechanisms to reduce air pollution; encouraging the Environmental Protection Division of the Department of Natural Resources and the Board of Natural Re sources to develop and adopt regulations that institute an emission credit bank ing and trading program.
Referred to Committee on Natural Resources.
The following committee reports were read by the Secretary:

Mr. President:

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

SB 571. Do pass by substitute.

HB 1181. Do pass.

SR 486. Do pass.

HB 1341. Do pass.

Respectfully submitted,

Senator Ragan of the llth District, Chairman

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JOURNAL OF THE SENATE

Mr. President:

The Committee on Consumer Affairs has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 582. Do pass by substitute. SB 611. Do pass. HB 912. Do pass.
Respectfully submitted,
Senator Henson of the 55th District, Chairman

Mr. President:

The Committee on Economic Development, Tourism and Cultural 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 1225. Do pass as amended.
Respectfully submitted,
Senator Broun of the 46th 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 1505. Do pass as amended.
Respectfully submitted,
Senator Pollard of the 24th District, Chairman

Mr. President:

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

SB 399. Do pass by substitute.

SB 558. Do pass by substitute.

SB 538. Do pass by substitute.

SB 559. Do pass.

Respectfully submitted,

Senator Oliver of the 42nd District, Chairman

Mr. President:

The Committee on Retirement has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1586. Do pass.
Respectfully submitted,
Senator Huggins of the 53rd District, Chairman

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761

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 391. Do pass by substitute. SR 374. Do pass as amended.
Respectfully submitted,
Senator Scott of the 36th District, Chairman

Mr. President:

The Committee on Science, Technology and Industry has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 499. Do pass by substitute. HB 965. Do pass as amended.
Respectfully submitted,
Senator Tysinger of the 41st District, Chairman

Mr. President:

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

SB 402. Do pass as amended. SB 456. Do pass by substitute.

SB 560. Do pass by substitute. SB 630. Do pass.

Respectfully submitted,

Senator Egan of the 40th District, Chairman

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 628. Do pass as amended. HB 1748. Do pass. HB 1752. 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:

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HB 1482.

Do pass as amended. Respectfully submitted, Senator Thompson of the 33rd District, Chairman

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

SB 432 SB 537 SB 601 SB 644 HB 1227 HB 1307 HB 1411

SB 469 SB 553 SB 602 SB 647 HB 1262 HB 1333 HB 1493

SB 530 SB 563 SB 608 HB 1226 HB 1263 HB 1382 HB 1636

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

Alien Balfour Baugh Boshears Bowen Broun of 46th
CCuhlaeryeok. ns
Coleman Crotts
Day Dean Edge Egan Farrow

Gillis Glanton Gochenour Guhl Harbison Hemmer
HHoiel"ol ksosn
Isakson Kemp
Langford of 29th Madden Marable McGuire Middleton

Those not answering were Senators:

Abernathy Blitch Brown of 26th

Huggins Langford of 35th Scott

Newbill Oliver Parrish Perdue Pollard R of nth
*RDaagflsa.tnonof 32nd
y Robinson Slotin Starr Thomas Turner Tysinger
Taylor Thompson Walker

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Alien of the 2nd introduced the chaplain of the day, Archbishop James Francis Donahue, Catholic Diocese, Atlanta, Georgia, who offered scripture reading and prayer.
The following resolutions were read and adopted:
SR 520. By Senators Ragan of the llth and Bowen of the 13th: A resolution commending and recognizing the Colquitt County High School 50th Regiment Band.
SR 521. By Senator Balfour of the 9th: A resolution recognizing and commending the chorus of Pharr Elementary School.

THURSDAY, FEBRUARY 17, 1994

763

Senator Henson of the 55th moved that the following bill of the Senate be withdrawn from the Senate Committee on Consumer Affairs and committed to the Senate Committee on Finance and Public Utilities:
SB 567. By Senators Starr of the 44th and Robinson of the 16th:
A bill to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to prohibit deceptive or fraudulent telemarketing ac tivities in connection with certain commercial activities; to provide for legislative intent; to define certain terms; to provide for applicability with respect to other laws; to provide for situs of offers and sales.
On the motion, the yeas were 32, nays 0; the motion prevailed, and SB 567 was with drawn from the Senate Committee on Consumer Affairs and committed to the Senate Com mittee on Finance and Public Utilities.
Senator Henson of the 55th moved that the following bill of the House be withdrawn from the Senate Committee on Science, Technology and Industry and committed to the Senate Committee on Consumer Affairs:
HB 1608. By Representatives Watson of the 139th, Skipper of the 137th, Dixon of the 150th and others:
A bill to Part 2 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to state building, plumbing, electrical, and other codes, so as to provide for the arbitration of disputes between builders and purchasers of cer tain residential property; to provide that contracts for the purchase of certain residential property shall have a "Binding Arbitration and Warranty Disclosure Statement".
On the motion, the yeas were 36, nays 0; the motion prevailed, and HB 1608 was with drawn from the Senate Committee on Science, Technology and Industry and committed to the Senate Committee on Consumer Affairs.
The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Thursday, February 17, 1994
TWENTY-FOURTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
*SB 628 Burton, 5th Balfour, 9th Tysinger, 41st Day, 48th Newbill, 56th GWINNETT COUNTY
Amends an Act providing a $7,000.00 homestead exemption from Gwinnett County ad valorem taxes, so as to increase such exemption to $10,000.00 over a three-year period; to provide for a special election to approve or reject the increase; to provide for effective dates and automatic repeal; to repeal con flicting law. (AMENDMENT)

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HB 1748 Crotts, 17th Guhl, 45th NEWTON COUNTY
Amends the Newton County Water and Sewerage Authority Act, so as to authorize the issuance of additional negotiable revenue bonds and provide certain limitations with regard thereto.

HB 1752 Pollard, 24th OGLETHORPE COUNTY
Amends an Act creating a Board of Commissioners of Oglethorpe County; to provide for monthly meetings.

The amendment to the following bill was put upon its adoption:
*SB 628:
The Senate Urban and County Affairs Committee offered the following amendment:
Amend SB 628 by adding "from certain county taxes" immediately after "exemption" on line 4 of page 1.
By adding immediately preceding the comma on line 20 of page 1 the following:
"and other than ad valorem taxes levied within the Gwinnett County Recreation Dis trict No. 1 pursuant to Section 1 of an Act approved April 14, 1971 (Ga. L. 1971, p. 4110) and Section 27 of an Act approved April 17, 1975 (Ga. L. 1975, p. 3108)".
By adding "certain" immediately preceding "Gwinnett" on line 17 of page 3.
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 26th Burton Cheeks Coleman Crotts Day Dean Edge Egan Farrow

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

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

Those not voting were Senators:

Abernathy Clay

Langford of 35th Thompson

Walker

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765

On the passage of all the local bills, the yeas were 51, nays 0.
All the bills on the Senate Local Consent Calendar, except SB 628, having received the requisite constitutional majority, were passed.
SB 628, having received the requisite constitutional majority, was passed as amended.
Senator Ragan of the llth introduced Cynthia Levatte, National Officer of Future Homemakers of America, commended by SR 402, adopted previously, who addressed the Senate briefly.
SENATE RULES CALENDAR
Thursday, February 17, 1994
TWENTY-FOURTH LEGISLATIVE DAY
SB 541 Fraudulent Issuance of Personal Identification Card--provide offense (Substi tute) (Judy--26th)
SB 555 Delinquent Child Support--hearing when income deduction ordered (Substitute) (Judy--54th)
SB 626 Petroleum Pipelines--legislative findings, create study committee (Judy--16th) SB 507 Driver's License Issuance to Those Under 21 Years of Age--valid until 21 (Pub
Saf--52nd) SB 607 Intention to Introduce Local Legislation--notice to governing authority (Substi
tute) (U&CA G--49th) SB 613 Driver Records Regarding Underwriting Insurance--electronic trasmittal (Pub
Saf--51st) SB 528 Special License Plates--National Guard, Army Reserve (D&VA--32nd) SB 547 Veterans Special License Plate Issuance--repeal minimum number of applica
tions (D&VA--29th) HB 1554 Certain Representative Districts--change (Reappor--7th) Smith--169th HB 1379 Lottery Retailers--qualifications (EDT&C--46th) Harris--112th HB 1368 Lottery Prize--include in net income for income tax (F&PU--44th) Buck--135th HB 1188 Appellate Court Cases--supersedeas bonds (S Judy--54th) Walker--141st HB 1189 Appellate Court Appeals--time frame to be decided (S Judy--54th)
Walker--141st HB 190 Legal Assistants in Criminal Proceedings--third-year law students (H Ed--48th)
Evans--28th HB 230 Teachers Retirement--credit and payment required for pregnancy leave
(Ret--53rd) Thomas--100th HB 1576 Employees' Retirement--benefit eligibility (Ret--5th) Twiggs--8th
Respectfully submitted, /s/ Scott of the 36th, Chairman
Senate Rules Committee
The following general bills were read the third time and put upon their passage:
SB 541. By Senators Brown of the 26th, Robinson of the 16th and Ray of the 19th: A bill to amend Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and fraudulent practices, so as to provide for the offense of

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fraudulent issuance of personal identification cards; to provide for a definition; to provide for certain requirements; to provide for submission of names to the De partment of Public Safety.
The Senate Judiciary Committee offered the following substitute to SB 541:
A BILL
To be entitled an Act to amend Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and fraudulent practices, so as to provide for the offense of fraudulent issuance of personal identification cards; to provide for definitions; to provide for certain requirements; to provide for submission of names to the Department of Public Safety; to provide for penalties; to amend Code Section 40-5-100 of the Official Code of Georgia Annotated, relating to identification cards for persons without drivers' licenses, so as to provide for receipt of certain reports by private entities; 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 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and fraudulent practices, is amended by adding, immediately following Article 7, a new Article 8 to read as follows:
"ARTICLE 8
16-9-120. This article shall be known and may be cited as the 'Truth in Identification Protection Act.'
16-9-121. As used in this article, the term:
(1) 'Material' relates to any standard item used to determine or recognize a person's identity.
(2) 'Private business concern or enterprise' means any business which holds itself out to the public as a manufacturer or distributor of identification cards and which accepts a fee for performing such services.
16-9-122. (a) It shall be unlawful for any private business concern or enterprise to dis tribute, issue, manufacture, or otherwise reproduce a personal identification card which con tains thereon any material alterations, inaccuracies, or omissions.
(b) The provisions of subsection (a) of this Code section notwithstanding, a private business concern or enterprise may issue personal identification cards to any person who makes application to the private business concern or enterprise. The applicant shall furnish to the private business concern or enterprise evidence of one of the following:
(1) United States passport;
(2) Certificate of United States citizenship;
(3) Certificate of naturalization;
(4) Unexpired foreign passport; or
(5) Alien registration card with photograph.
In lieu of the above evidence of identity, a private business concern or enterprise shall be authorized to accept and an applicant shall provide an original social security card or a birth certificate bearing an appropriate seal or other certification, provided that such application shall be further supported by at least one witness who is at least 25 years of age with a valid driver's license, a valid identification card, or any evidence of identification listed in paragraphs (1) through (5) of this subsection. The witness shall attest to and affirm the true identity of the applicant.
(c) The provisions of subsection (b) of this Code section notwithstanding, applicants 21 years old or younger shall also, in further support of the application, produce at least one witness who is at least 25 years old with a valid driver's license, a valid identification card,

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or any evidence of identification listed in paragraphs (1) through (5) of subsection (b) of this Code section. The witness shall attest to and affirm the true identity of the applicant. All applications and evidence in support of the application, including duplicate photocopies of the applicant's photograph and photocopies of the witness's evidence of identification, shall be retained by the private business concern or enterprise for a period not less than two years from the date of the issuance of the personal identification card.
(d) The personal identification card shall be similar in form but distinguishable in color from motor vehicle drivers' licenses and shall contain a color photograph of the applicant and include the following information:
(1) Full legal name;
(2) Address and residence;
(3) Birth date;
(4) Date identification card was issued;
(5) Sex;
(6) Height;
(7) Weight;
(8) Eye color;
(9) Name of the private business concern or enterprise and, if applicable, branch office of the private business concern or enterprise where the identification card was issued;
(10) Identification card number which shall be the social security number of the person identified or, in the case of an individual who is not a citizen of the United States, the passport number of the person identified or any number the Department of Public Safety deems necessary; and
(11) Signature of the person identified. Cards issued to applicants under 21 years of age shall contain the distinctive characteristics of drivers' licenses issued pursuant to Code Sec tion 40-5-26.
(e) The private business concern or enterprise shall register with the Department of Public Safety as a business which manufactures or distributes identification cards.
(f) Any person or private business concern or enterprise convicted of violating this Code section shall be guilty of a misdemeanor and shall be punished by a fine of not more than $1,000.00 or by imprisonment for not more than one year. A second or subsequent convic tion under this Code section shall be considered a misdemeanor of a high and aggravated nature."
Section 2. Code Section 40-5-100 of the Official Code of Georgia Annotated, relating to identification cards for persons without drivers' licenses, is amended by adding to the end thereof a new subsection (c) to read as follows:
"(c) The department shall accept the registration from private business concerns or enterprises relating to the issuance of personal identification cards. The department shall adopt policies, rules, or regulations for the acceptance of such registration."
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.

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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:

Alien Balfour
Baugh Blitch Boshears

Farrow Gillis
Glanton Gochenour Guhl

Bowen Broun of 46th Brown of 26th BChuerteokns Qa
Coleman Crotts Day Dean Edge Egan

Harbison Hemmer R ,,Hook, s Huggins
Isakson KemP Langford of 29th Madden Marable McGuire

Those not voting were Senators:

Middleton Newbill Oliver Perdue Pollard
Ragan of llth Ragan of 32nd RaMon ,R, ay Robinson
Scott Slotln Starr Thompson Turner Tysinger

Abernathy Henson Langford of 35th

Parrish 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.

SB 555. By Senators Farrow of the 54th, Oliver of the 42nd and Robinson of the 16th:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide for a right to a hearing when an income de duction is ordered because of a one-month delinquency in child support; to pro vide for a hospital based program for establishment of paternity.
The Senate Judiciary Committee offered the following substitute to SB 555:
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 for a right to a hearing when an income deduction is ordered because of a one-month delinquency in child support; to provide for a hospital based program for establishment of paternity; to provide that hospitals shall assist in the acknowledgment of paternity process; to provide for establishment of paternity in an administrative proceeding; to provide for default judgments in paternity cases; to provide for time limits for objections to paternity test results; to provide that the courts of this state shall give full faith and credit to the determination of paternity by any other state; to re move certain exceptions to the applicability of income deductions; to amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, the "Georgia Administrative Procedure Act," so as to grant certain powers and authority to hearing officers conducting administra tive hearings; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 19 of the Official Code of Georgia Annotated, relating to domestic rela tions, is amended by striking paragraph (1) of subsection (c) of Code Section 19-6-33, relat ing to notice and service of income deduction orders, in its entirety and inserting in lieu thereof the following:

THURSDAY, FEBRUARY 17, 1994

769

"(1) The When the court orders the income deduction to be effective upon a delin quency in an amount equal to one month's support, the obligor, within 16 days after having an income deduction order entered or within 15 days after service of a notice of delin quency, may apply for a hearing to contest the enforcement of the income deduction order on the ground of mistake of fact regarding the amount of support owed pursuant to a sup port order, the amount of arrearage of support, or the identity of the obligor. The obligor shall send a copy of the pleading to the obligee and, if the obligee is receiving IV-D services, to the IV-D agency. The timely filing of the pleading shall stay the service of an income deduction order on all payers of the obligor until a hearing is held and a determination is made as to whether the enforcement of the income deduction is proper. The payment of delinquent support by an obligor upon entry of an income deduction order shall not pre clude service of the income deduction on the obligor's payor."
Section 2. Said title is further amended by adding a new Code Section 19-7-27 to read as follows:
"19-7-27. Upon the birth of a child to an unmarried woman in a public or private birth ing hospital, the hospital shall:
(1) Provide the child's mother and father the opportunity to acknowledge paternity consistent with the requirements of Code Section 19-7-46.1.
(2) Provide to the mother and father:
(A) Written materials about paternity establishment;
(B) The forms necessary to voluntarily acknowledge paternity;
(C) A written description of the rights and responsibilities of acknowledging paternity; and
(D) The opportunity, prior to discharge from the hospital, to speak with staff, either by telephone or in person, who are trained to clarify information and answer questions about paternity establishment."
Section 3. Said title is further amended by striking Code Section 19-7-40, relating to jurisdiction of the courts to determine paternity, in its entirety and inserting in lieu thereof the following:
"19-7-40. (a) The superior and state courts of the several counties shall have concurrent jurisdiction in~all proceedings for the determination of paternity of children who are resi dents of this state. The state courts shall have such concurrent jurisdiction notwithstanding any contrary provision of local law.
(b) Whenever the Department of Human Resources seeks to establish paternity for the benefit of a child for whom public assistance is being received or a child who is not the recipient of public assistance whose custodian has applied for services for the child, the putative father may voluntarily waive in writing his right to a trial by jury in the superior court and consent to the administrative determination of paternity pursuant to Chapter 13 of Title 50; provided, however, that if the putative father demands a trial by jury in the superior court, it shall be the duty of the judge to cause an issue to be made and tried by jury at the first session of the next term of court succeeding the putative father's demand for trial by jury or before the judge without a jury during the same term in the event that the putative father having made a demand for trial by jury thereafter withdraws said de mand. The administrative determination shall have the same force and effect as a judicial decree."
Section 4. Said title is further amended by striking subsection (a) of Code Section 19-746, relating to admission of evidence at trial to determine paternity, in its entirety and inserting in lieu thereof the following:
"(a) The results of medical tests and comparisons ordered by the court, including the statistical likelihood of the alleged parent's parentage, if available, unless a party to the paternity blood test objects in writing at least 30 days prior to a hearing at which the results

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of the testing may be introduced into evidence, shall be admitted in evidence without the need for foundation testimony or other proof of authenticity or accuracy. When an objection is filed at least 30 days prior to a hearing at which the results may be introduced into evidence, the results of medical tests and comparisons ordered by the court including the statistical likelihood of the alleged parent's parentage, if available, shall be admitted in evi dence when offered by a duly qualified, licensed practicing physician, duly qualified immunologist, duly qualified geneticist, or other duly qualified person."
Section 5. Said title is further amended by striking Code Section 19-7-47, relating to actions for paternity determinations, in its entirety and inserting in lieu thereof the following:
"19-7-47. (a) Any proceeding brought under this article is a civil action governed by the rules of civil procedure. The mother of the child and the alleged father are competent to testify and may be compelled to appear and testify.
(b) If in any paternity action an answer has not been filed within the time required by Chapter 11 of Title 9, the case shall automatically become in default unless the time for filing the answer has been extended as provided by law. The default may be opened as a matter of right by the filing of such defenses within 15 days of the day of default, upon the payment of costs. If the case is still in default after the expiration of the period of 15 days, the plaintiff at any time thereafter shall be entitled to verdict and judgment by default, in open court or in chambers, as if every item and paragraph of the complaint or other original pleading were supported by proper evidence."
Section 6. Said title is further amended by striking Code Section 19-11-14, relating to liability of a father for support of a child born out of wedlock, in its entirety and inserting in lieu thereof the following:
"19-11-14. (a) Whenever a man has been adjudicated by a court of competent jurisdic tion or an administrative tribunal as the father of a child born out of wedlock or whenever he has acknowledged paternity under oath in an administrative hearing, in court, or by verified writing, he shall be legally liable for the support of the child in the same manner as he would owe the duty of support if the child were his child born in wedlock. The right of the child born out of wedlock to receive such support is enforceable in a civil action, not withstanding any other provision of law.
(b) The courts of this state shall give full faith and credit to a determination of pater nity made by another state whether established through voluntary acknowledgment or through administrative or judicial processes."
Section 6.5. Said title is further amended by striking subsection (c) of Code Section 196-30, relating to when child support obligations are subject to income deduction, in its en tirety and inserting in lieu thereof the following:
"(c) All Title IV-D (child support recovery) cases involving orders of support of a child or spouse entered or modified prior to July 1, 1989, or thereafter shall be subject to income deduction as defined in Code Sections 19-6-31, 19-6-32, and 19-6-33. Except as provided in Code Section 10-6-20, relating to the inclusion of provision for accident and aiclmcoa inaur ancc coverage in support orders, all other orders arc csprcaaly excluded from the application of these provisions."
Section 7. Chapter 13 of Title 50 of the Official Code of Georgia Annotated, the "Geor gia Administrative Procedure Act," is amended by striking subsection (b) of Code Section 50-13-13, relating to an opportunity for a hearing in contested cases, in its entirety and inserting in lieu thereof new subsections (b) and (c) to read as follows:
"(b) In proceedings before the agency, the hearing officer, or any representative of the agency authorized to hold a hearing, if any party or an agent or employee of a party diso beys or resists any lawful order of process; or neglects to produce, after having been ordered to do so, any pertinent book, paper, or document; or refuses to appear after having been subpoenaed; or, upon appearing, refuses to take the oath or affirmation as a witness; or after

THURSDAY, FEBRUARY 17, 1994

771

taking the oath or affirmation, refuses to testify, the agency, hearing officer, or other repre sentative shall have the same rights and powers given the court under Chapter 11 of Title 9, the 'Georgia Civil Practice Act.' If any person or party refuses as specified in this subsec tion, the agency, hearing officer, or other representative may certify the facts to the superior court of the county where the offense is committed for appropriate action, including a find ing of contempt. The agency, hearing officer, or other representative shall have the power to issue writs of fieri facias in order to collect fines imposed for violation of a lawful order of the agency, hearing officer, or other representative.
{%} (c) Except in cases in which a hearing has been demanded under Code Section 5013-12, subjection (a) of this Code section and the other provisions of this chapter concerning contested cases shall not apply to any case arising in the administration of the revenue laws, which case is subject to a subsequent de novo trial of the law and the facts in the superior court."
Section 8. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Egan Farrow Glanton Gochenour Guhl Harbison Hemmer Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable McGuire

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

Those not voting were Senators:

Abernathy Gillis Henson

Langford of 35th Parrish Perdue

Thomas 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.
SB 626. By Senators Robinson of the 16th, Ray of the 19th, Gillis of the 20th and others: A bill to amend Article 4 of Chapter 3 of Title 22 of the Official Code of Georgia Annotated, relating to the exercise of the power of eminent domain for construc tion and operation of petroleum and gas pipelines, so as to provide for legislative findings; to create the Petroleum Pipeline Study Committee to study the need

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for statutory land use controls or restrictions related to the siting and regulation of petroleum pipelines; to provide for the abolishment of the study committee on January 1, 1995.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
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 BBrroowunn ooff 4266tthh BChuerteokns QJ Coleman Crotts Day Dean Edge Egan Farrow

Gillis Glanton Gochenour
Guhl Harbison
Hemmer fHfoilol kg Huuggm s Isakson KemP Langford of 29th Madden Marable McGuire Middleton Newbill

Oliver Parrish Perdue Pollard Ragan of llth
Ragan of 32nd Ralston
DRob.i.nson Scott Slotin Starr Taylor Thompson Turner Tysinger Walker

Those not voting were Senators:

Blitch Henson

Langford of 35th

Thomas

On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 507. By Senators Marable of the 52nd, Ray of the 19th, Perdue of the 18th and others:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide that any license issued to a person under the age of 21 years shall remain valid until such person reaches the age of 21 years; to provide for renewal of existing licenses of persons under 21 years at no cost for that period of time until such person reaches the age of 21 years.
Senator Isakson of the 21st offered the following amendment:
Amend SB 507 by adding after the word "souvenir." on line 10 of page 2 the following:
"Whenever directed by a Superior Court Judge in Georgia, the Department shall issue a drivers license specifically coded to indicate the person to whom the license is issued is a convicted felon."
On the adoption of the amendment, the yeas were 40, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

THURSDAY, FEBRUARY 17, 1994

773

Those voting in the affirmative were Senators:

Abernathy Alien Balfour
Baugh
Blitch Boshears

Gillis Glanton Gochenour
Guhl
Harbison Hemmer

nBrounn off4*6tuh BBruorwtonn of 26th Cheeks j Coleman Crotts )ay Dean Edge Egan Farrow

H,,.e,n, son ""loUok, s "UP1I1S Isakson KemP Langford of 29th Madden Marable McGuire Middleton Newbill

Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd
R,, alston "Rob.inson Scott Slotm Starr Taylor Thomas Thompson Turner Tysinger Walker

Not voting was Senator Langford of 35th. On the passage of the bill, the yeas were 55, nays 0. The bill, having received the requisite constitutional majority, was passed as amended.

SB 607. By Senators Hemmer of the 49th, Henson of the 55th, Robinson of the 16th and others:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions relative to the General Assembly, so as to provide that a notice of intention to introduce local legislation be provided to the gov erning authority of any county or municipal corporation affected by such legislation.

The Senate Urban and County Affairs Committee offered the following substitute to SB 607:

A BILL
To be entitled an Act to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions relative to the General Assembly, so as to provide that a notice of intention to introduce local legislation be provided to the governing author ity of any county or municipal corporation affected by such legislation; to provide for re lated matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions relative to the General Assembly, is amended by striking in its entirety Code Section 28-1-14, relating to notice of intention to introduce local legislation, and in serting in lieu thereof the following:
"28-1-14. (a) No local bill shall become law unless notice of the intention to introduce such bill shall~Kave been advertised in the newspaper in which the sheriffs advertisements for the locality affected are published one time before the bill is introduced. Such advertise ment must be not more than 60 days prior to the convening date of the session at which the bill is introduced. After the advertisement has been published the bill may be introduced at any time during that session unless the advertisement is published during the session, in

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which event the bill may not be introduced before Monday of the calendar week following the week in which the advertisement is published. A copy of the notice as it was advertised and an affidavit stating that the notice has been published as provided by this Code section shall be attached to the bill and shall become a part of the bill. Such affidavit shall be made by the author of the bill.
(b) No local bill amending a city charter or a county board of commissioners law or otherwise relating to a county or municipal corporation shall become law unless a copy of the notice of the intention to introduce local legislation required by subsection (a) of this Code section is mailed to the governing authority of any county or municipal corporation referred to in the bill during the calendar week in which such notice is published as pro vided in subsection (a) of this Code section. A single notice sent by United States mail, postage prepaid, addressed to the governing authority of the city or county, and addressed to the official address of such governing authority, shall satisfy the requirement of this sub section; provided, however, that such manner of notice is not exclusive. The notice require ment of this subsection shall be presumed to have been met by depositing the copy of the required notice in the United States mail. An affidavit stating that such notice has been provided as required by this subsection shall be attached to the bill and shall become a part of the bill. Such affidavit shall be made by the author of the bill."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 40, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Egan Farrow Gillis Gochenour Guhl Harbison Hemmer Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable McGuire

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

Voting in the negative was Senator Newbill.

Those not voting were Senators:

Blitch Glanton Henson

Langford of 35th Oliver

Ragan of llth Starr

On the passage of the bill, the yeas were 48, nays 1. The bill, having received the requisite constitutional majority, was passed by substitute.

THURSDAY, FEBRUARY 17, 1994

775

SB 613. By Senator Ralston of the 51st:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide that requests for drivers' operating records for the purpose of and in connection with underwriting insurance and the transmittal of such records by the Department of Public Safety may be through electronic means; to change the provisions relating to procedure upon notice of insurance cancellation; to require insurers to notify the Department of Public Safety.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Balfour Baugh Boshears
Bowen Broun of 46th Brown of 26th ^urt?n CQheeks
Coleman Crotts D ay Dean Edge Egan Farrow Gillis

Glanton Gochenour Guhl Harbison
Hemmer Henson Hffl Hooks ,,Huggms
Isakson KemP Langford of 29th Madden Marable McGuire Middleton Newbill

Oliver Parrish Perdue Pollard
Ragan of llth Ragan of 32nd Ralston Ray DRofb.inson
Scott Slotin Starr Taylor Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Blitch

Langford of 35th

Thomas

On the passage of the bill, the yeas were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 528. By Senators Ragan of the 32nd and Harbison of the 15th: A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to special and distinctive license plates, so as to provide that members of the National Guard and the reserve components of the United States armed forces shall be eligible to retain their special license plates after retire ment; to define certain terms; to provide for clarification; to provide for editorial revisions.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

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Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch Boshears Bowen BBrroowunn ooff 4266tthh
Burton Cheeks Clay Crotts Day Dean Farrow Gillis

Glanton Gochenour Guhl Harbison Hemmer Henson Hill HHuogogkisns
Kemp Langford of 29th Madden Marable McGuire Middleton Newbill Oliver

Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston o av Rp o?bi. nson
btarr Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Coleman Edge

Egan Isakson

Langford of 35th Walker

On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 547. By Senator Langford of the 29th:
A bill to amend Code Section 40-2-85.1 of the Official Code of Georgia Anno tated, relating to special and distinctive license plates for veterans, so as to re peal the requirement that a certain minimum number of applications must be received before such license plates shall be issued.
The following Fiscal Note, as required by law, was read by the Secretary:

DEPARTMENT OF AUDITS 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400
February 14, 1994
The Honorable Steve Langford State Senator Legislative Office Building, Room 305A Atlanta, Georgia 30334
SUBJECT: Fiscal Note Senate Bill 547 (LC 9 7628) Veterans Specialized License Plates
Dear Senator Langford:
This bill would eliminate the required number of applications needed before retired veterans or persons who served during World War I, World War II, the Korean War, the Vietnam War, or Operation Desert Storm could obtain a specialized license plate.

THURSDAY, FEBRUARY 17, 1994

777

This bill would create additional revenue of approximately $0.6 million in 1995 and $0.2 million in 1996. The additional revenue would be from the sale of new license plates (not renewals).

Sincerely,
/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 follows:

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch Boshears Bowen BBrroowunn ooff 4266tthh
BChuerteokns
Clay Coleman Crotts Day Dean Edge Farrow

Gillis Glanton Gochenour Guhl Harbison Hemmer Henson HHiolol ks
HKuemggpins
Langford of 29th Madden Marable McGuire Middleton Newbill Oliver

Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston n RRo?b.inson
lotln
Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Egan

Isakson

Langford of 35th

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

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

Senator Ray of the 19th introduced the doctor of the day, Dr. Rodney Vickers, of Am brose, Georgia.

The Calendar was resumed.

HB 1554. By Representative Smith of the 169th:
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 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 Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Day Dean Edge

Egan Farrow Gillis Gochenour Guhl Harbison Hemmer Henson Hill Hooks Huggins Kemp Langford of 29th Madden Marable McGuire Newbill

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

Those not voting were Senators:

Glanton Isakson

Langford of 35th Middleton

Ralston

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

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

HB 1379. By Representatives Harris of the 112th and Watson of the 139th:
A bill to amend Code Section 50-27-17 of the Official Code of Georgia Annotated, relating to the state-wide network of retailers and qualifications of retailers pur suant to the "Georgia Lottery for Education Act," so as to change the provisions relating to qualifications of lottery retailers.

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

Dean Edge Egan Farrow Gillis Glanton Gochenour Guhl Harbison Hemmer Hill Hooks Huggins Isakson

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

THURSDAY, FEBRUARY 17, 1994

779

Ray Robinson Scott

Slotin Starr Taylor

Thompson Turner

Voting in the negative was Senator Day.

Those not voting were Senators:

Henson Langford of 35th

Thomas Tysinger

Walker

On the passage of the bill, the yeas were 50, nays 1. The bill, having received the requisite constitutional majority, was passed.

HB 1368. By Representatives Buck of the 135th, Royal of the 164th, Skipper of the 137th and others:
A bill to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to specify that proceeds of any lottery prize awarded by the Georgia Lottery Corporation are included within the taxable net income of taxable nonresidents.
Senate Sponsor: Senator Starr of the 44th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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 Guhl Harbison Hemmer Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable McGuire

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

Those not voting were Senators:

Henson Langford of 35th

Thomas Tysinger

Walker

On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed.

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HB 1188. By Representatives Walker of the 141st and Groover of the 125th:
A bill to amend Code Section 5-6-46 of the Official Code of Georgia Annotated, relating to operation of notice of appeal as supersedeas in civil cases, so as to provide that the trial court may fix a supersedeas bond after a case is docketed with the appellate courts.
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 Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks
Coleman Crotts Day Dean Edge

Farrow Gillis Glanton Gochenour Guhl Harbison Hemmer Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable McGuire

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

Those not voting were Senators:

Egan Henson Langford of 35th

Perdue 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.

HB 1189. By Representatives Walker of the 141st and Groover of the 125th:
A bill to amend Article 2 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to appellate practice in appellate court, so as to provide a uniform time frame within which both applications for interlocutory and discre tionary appeals will be decided.
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:

THURSDAY, FEBRUARY 17, 1994

781

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 29th Madden Marable McGuire Middleton

Those not voting were Senators:

Guhl Henson

Langford of 35th Starr

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

On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed.

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.
Senate Sponsor: Senator Day of the 48th.

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

Dean Edge Egan Farrow Gillis Glanton Gochenour Guhl Harbison Hemmer Hill Hooks Huggins

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

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JOURNAL OF THE SENATE

Ralston Ray Robinson Scott

Slotin Starr Thompson

Those not voting were Senators:

Broun of 46th Clay Henson

Langford of 35th Middleton

Turner Tysinger Walker
Taylor Thomas

On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 230. By Representatives Thomas of the 100th and Cummings of the 27th:
A bill to amend Code Section 47-3-90 of the Official Code of Georgia Annotated, relating to granting creditable service under the Teachers Retirement System of Georgia for certain periods when members were absent because of pregnancy, so as to change the provisions relating to qualifying for such creditable service and the payment requirement for such creditable service.
Senate Sponsor: Senator Huggins of the 53rd.

The following Fiscal Notes, as required by law, were 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 5, 1993

SUBJECT: House Bill 230 (LC 21 1963) Teachers Retirement System

This bill changes the provisions relating to members of the Teachers Retirement Sys tem obtaining creditable service for absence from employment prior to March 5, 1976 due to pregnancy. To establish creditable service for pregnancy, the member must pay the em ployee and employer contributions for the period of service claimed based on the member's salary immediately prior to the absence because of pregnancy, plus regular interest on such contributions compounded annually.

This is to certify that this is a fiscal retirement bill as defined in the Public Retirement Systems Standards Law.

/s/ Claude L. Vickers State Auditor

THURSDAY, FEBRUARY 17, 1994

783

BUCK CONSULTANTS 200 Galleria Parkway, N.W. Suite 1200
Atlanta, Georgia 30339-5945

January 14, 1994

Hon. Claude L. Vickers, State Auditor DEPARTMENT OF AUDITS 254 Washington Street, Room 214 Atlanta, Georgia 30334

Dear Mr. Vickers:

Re: House Bill 230 (LC 21 1963)

As requested, we have made an actuarial investigation of the impact of House Bill 230 (LC 21 1963) on the Teachers' Retirement System in accordance with the requirements of Code Section 47-20-36.

This Bill would change the provisions relating to the payment by members to obtain creditable service for certain periods of absence because of pregnancy. The cost of this pro posal cannot be determined since we do not know how many employees would be affected. However, we would expect the annual cost to be about $1,925,000 if 80% of female members with creditable service before March 5, 1976 purchased three months of additional service under this provision. The estimated increase in unfunded accrued actuarial liability would be $28,993,000.

The following table reflects the unfunded actuarial accrued liability and recommended employer contributions under the Teachers' Retirement System before and after the pro posed amendment. The recommended employer contribution rates are in conformity with all minimum funding standards specified by Code Section 47-20-10. All amounts are $ thousands.

Before Legislation

After Legislation

Increase Due to Legislation

Unfunded Actuarial Accrued Liability

$2,870,837

$2,899,830

$ 28,993

Annual Contribution

Annual

Annual

Annual

% Amount % Amount % Amount

Normal Accrued Liability

6.06 $242,400 6.06% $242,400 0.00% $ 0

5.60% 224,000 5.65

225,925 0.05

1,925

Total

11.66% $466,400 11.71% $468,325 0.05% $ 1,925

The preceding figures are based on the employee data, actuarial assumptions and actua rial methods used to prepare the June 30, 1992 actuarial valuation of the system, together with an estimated payroll of $4,000,000,000.
Sincerely yours,
/s/ Donald M. Overholser Consulting Actuary

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JOURNAL OF THE SENATE

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

January 18, 1994

Honorable Bill Cummings, Chairman House Retirement Committee House of Representatives State Capitol, Room 402 Atlanta, Georgia 30334

SUBJECT: Revised Actuarial Investigation House Bill 230 (LC 21 1963) Teachers Retirement System

Dear Representative Cummings:

This bill changes the provisions relating to members of the Teachers Retirement Sys tem obtaining creditable service for absence from employment prior to March 5, 1976 due to pregnancy. To establish creditable service for pregnancy, the member must pay the em ployee and employer contributions for the period of service claimed based on the member's salary immediately prior to the absence because of pregnancy, plus regular interest on such contributions compounded annually.

The original actuarial investigation included university employees in the affected group. This revised actuarial investigation excludes university employees from the calculations.

The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actu arial assumptions and methods.

(1) The amount of unfunded actuarial accrued liability which will re

sult from the bill.

$ 28,993,000

(2) The amount of annual normal cost which will result from the bill. $

0

(3) The employer contribution rate currently in effect.

11.66%

(4) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10).

11.71%

(5) The dollar amount of the increase in the annual employer contribu

tion which is necessary to maintain the retirement system in an ac-

tuarially sound condition.

$ 1,925,000

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.

Sincerely,

/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

Broun of 46th Brown of 26th Burton

THURSDAY, FEBRUARY 17, 1994

785

Cheeks Coleman Crotts Day Dean Edge Egan Farrow Gillis Gochenour Guhl Harbison Hemmer

Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable McGuire Middleton Oliver Parrish Perdue

Those not voting were Senators:

Bowen Clay Glanton

Henson Langford of 35th Newbill

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

On the passage of the bill, the yeas were 48, nay 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1576. By Representatives Twiggs of the 8th, Cummings of the 27th, Murphy of the 18th and Colwell of the 7th:
A bill to amend Article 7 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances, disability benefits, and spouses' benefits under the Employees' Retirement System of Georgia, so as to provide that the provisions of such article relating to eligibility for benefits shall apply to certain persons.
Senate Sponsor: Senator Burton of the 5th.
The following Fiscal Note, as required by law, was read by the Secretary:
DEPARTMENT OF AUDITS 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400
December 23, 1993
The Honorable Bill Cummings, Chairman House Retirement Committee State Capitol Atlanta, Georgia 30334
SUBJECT: State Auditor's Certification House Bill 1576 LC 21 2511 Employees' Retirement System
Dear Representative Cummings:
This bill would amend provisions relating to retirement allowances, disability benefits, and spouses' benefits under the Employees' Retirement system. This bill changes Code Sec tion 47-2-124 to include persons vesting for benefits pursuant to Code Section 47-2-111. This bill does not provide any additional benefits not available under current law.

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JOURNAL OF THE SENATE

This is to certify that this is a nonfiscal retirement bill as defined in the Public Retire ment Systems Standards Law.
Sincerely,
1*1 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 Day Dean Edge

Egan Farrow Gillis Glanton Gochenour Guhl Harbison Hemmer Hooks Muggins Isakson Kemp Langford of 29th Madden Marable McGuire

Those not voting were Senators:

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

Clay Henson Hill

Langford of 35th Parrish Taylor

Thomas Tysinger

On the passage of the bill, the yeas were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Harbison of the 15th introduced General Carl Mundy, Marine Commandant of the United States Marine Corps, commended by SR 518, adopted previously, who addressed the Senate briefly.
Senator Ray of the 19th moved that the Senate do now adjourn until 9:00 A.M. to morrow; the motion prevailed, and the President announced the Senate adjourned at 11:45 A.M.

FRIDAY, FEBRUARY 18, 1994

787

Senate Chamber, Atlanta Georgia Friday, February 18, 1994
Twenty-fifth Legislative Day
The Senate met pursuant to adjournment at 9:00 A.M. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1615. By Representatives Bannister of the 77th, Wall of the 82nd, Breedlove of the 85th, Johnson of the 84th, Dix of the 76th and others: A bill to amend an Act to continue and re-create the State Court of Gwinnett County, so as to change the compensation of the judges of the state court.
HB 1741. By Representatives Brooks of the 103rd, Westmoreland of the 104th, Epps of the 131st and Yates of the 106th: A bill to amend an Act establishing the City Court of Newnan, as amended, par ticularly by an Act changing its name to the State Court of Coweta County, so as to provide that the judge and solicitor of such court shall devote full time to their official duties.
HB 1799. By Representative Hughes of the 19th: A bill to provide for an advisory referendum election to be held in Dawson County for the purpose of ascertaining whether the voters of such county prefer the county governing authority to be in the form of a sole commissioner or a board of commissioners.
HB 1800. By Representatives Harris of the 112th and Yeargin of the 90th: A bill to amend an Act providing for a new charter for the City of Lincolnton, so as to provide that no person shall be elected as mayor or council member for more than three consecutive terms.
HB 1807. By Representatives Buck of the 135th, Culbreth of the 132nd, Taylor of the 134th, Hugley of the 133rd, Smith of the 102nd and others: A bill to amend an Act providing for a new charter for the county-wide govern ment of Columbus, so as to provide for the nonpartisan election of the mayor and council members.
HB 1742. By Representatives Brooks of the 103rd, Westmoreland of the 104th, Epps of the 131st and Yates of the 106th: A bill to provide for a homestead exemption from Coweta County ad valorem taxes for county purposes for certain residents of that county.

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JOURNAL OF THE SENATE

HB 1743. By Representatives Brooks of the 103rd, Westmoreland of the 104th, Epps of the 131st and Yates of the 106th:
A bill to provide a homestead exemption from certain Coweta County ad valorem taxes for county purposes in the amount of $5,000.00 of the assessed value of the homestead for residents of that county.
HB 1804. By Representatives Carter of the 166th, Bostick of the 165th and Royal of the 164th:
A bill to provide a homestead exemption from Colquitt County ad valorem taxes for county purposes and Colquitt County School District taxes for educational purposes in the amount of $10,000.00 of the assessed value of that homestead for certain residents of that county who have annual incomes not exceeding $30,000.00 and who are totally disabled paralyzed homeowners.
HB 1550. By Representative Birdsong of the 123rd:
A bill to amend Code Section 40-2-74 of the Official Code of Georgia Annotated, relating to special license plates for disabled persons, so as to provide that pres entation of a handicapped identification card shall constitute proof of disability or hearing impairment.
HB 1471. By Representatives Streat of the 167th, Mobley of the 86th and Davis of the 48th:
A bill to amend Code Section 40-5-58 of the Official Code of Georgia Annotated, relating to habitual violators and probationary drivers' licenses, so as to change the provisions relating to conditions under which a probationary driver's license may be issued.
HB 1267. By Representatives McBee of the 88th, Heard of the 89th, Culbreth of the 132nd, Scoggins of the 24th, Skipper of the 137th and others:
A bill to amend Chapter 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, so as to provide authority for tax collectors or tax commissioners to demand immediate payment of taxes or require a bond for se curity when there is reason to believe that the taxpayer intends to leave the state or remove his or her property from the taxing jurisdiction.
HB 1268. By Representatives McBee of the 88th, Heard of the 89th, Scoggins of the 24th and Skipper of the 137th:
A bill to amend Code Section 48-3-3 of the Official Code of Georgia Annotated, relating to executions of tax collectors and tax commissioners, so as to provide that notice to the taxpayer that taxes are due on personal property shall not be required.
HB 1693. By Representatives Harris of the 112th and Murphy of the 18th:
A bill to amend Code Section 48-5-292 of the Official Code of Georgia Annotated, relating to ineligibility of county tax assessors to hold other offices, so as to pro hibit certain appraisers from serving as members of the county board of tax as sessors once such appraisers cease to serve as appraisers.
HB 1727. By Representatives Chambless of the 163rd, Thomas of the 100th, Bostick of the 165th and Hammond of the 32nd:
A bill to amend Chapter 5 of Title 10 of the Official Code of Georgia Annotated, the "Georgia Securities Act of 1973," so as to change a definition; to provide that

FRIDAY, FEBRUARY 18, 1994

789

the state may participate in a new electronic filing system; to provide that super visors may be held culpable for the criminal acts of their agents; to provide an exception.
HB 1723. By Representative Cummings of the 27th: A bill to amend Code Section 47-21-4, relating to employee contributions under the Regents Retirement Plan, so as to provide that the board of trustees of such plan shall establish the rate of employee contributions within certain limits.
HB 1793. By Representative Cummings of the 27th: A bill to amend Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law," so as to require an actuarial investigation for cost reduction amendments to fiscal retirement bills.
HB 1429. By Representatives Holmes of the 53rd, Cauthorn of the 35th, Canty of the 52nd and Goodwin of the 79th: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for the comprehensive revision of said title to conform to the National Voter Registration Act of 1993.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 415. By Senators Coleman of the 1st, Taylor of the 12th, Brown of the 26th, Middleton of the 50th, Alien of the 2nd and others: A bill to amend Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Industry, Trade, and Tourism, so as to provide that the department may undertake the acquisition, construction, and operation of a convention and trade center in Chatham County, Georgia, and may contract with the City of Savannah, Chatham County, and local authorities for the con struction and operation of the convention and trade center.
The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 709. By Representatives Buckner of the 95th, Lee of the 94th, Bailey of the 93rd, Benefield of the 96th and Ladd of the 59th: A resolution proposing an amendment to the Constitution so as to provide that the State of Georgia shall have full and complete authority to regulate alcoholic beverages in any manner permitted under the Twenty-First Amendment to the United States Constitution.
HR 975. By Representatives Murphy of the 18th, Walker of the 141st, Groover of the 125th, Lee of the 94th and Connell of the 115th: A resolution relative to adjournment.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 668. By Senators Dean of the 31st and Ray of the 19th: A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relating to counties, so as to provide for minutes of meetings of county governing authorities; to provide that certain documents may be incorporated by reference; to provide an effective date.
Referred to Committee on Urban and County Affairs (General).

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JOURNAL OF THE SENATE

SB 669. By Senators Dean of the 31st and Ray of the 19th:
A bill to amend Code Section 43-13-13 of the Official Code of Georgia Annotated, relating to the applicability of Chapter 14 of Title 43 concerning the regulation of electrical contractors, plumbers, conditioned air contractors, low-voltage contrac tors, and utility contractors, so as to provide that said Chapter 14 of Title 43 shall not prohibit any propane dealer who is properly insured as required by law and who holds a liquefied petroleum gas license issued by the Safety Fire Com missioner from installing, repairing, or servicing a propane system or the gas pip ing or components of such system.
Referred to Committee on Science, Technology and Industry.
SB 670. By Senators Langford of the 29th, Madden of the 47th and Gochenour of the 27th:
A bill to amend Article 2 of Chapter 5 of Title 33 of the Official Code of Georgia Annotated, relating to surplus line insurance, so as to revise conditions relative to the placement of surplus line insurance; to revise penalties for violations by sur plus line brokers; to allow surplus line insurance to be placed with certain groups containing corporate underwriters under certain conditions.
Referred to Committee on Insurance and Labor.
SB 671. By Senator Coleman of the 1st:
A bill to amend Chapter 3 of Title 25 of the Official Code of Georgia Annotated, relating to local fire departments generally, so as to authorize a subscription fire department to charge certain fees and be reimbursed for rendering fire protection or similar emergency services on property not covered by fire protection services through subscription within the subscription fire department's fire district; to provide a short title; to provide for declaration of purpose.
Referred to Committee on Insurance and labor.
SB 672. By Senator Thompson of the 33rd:
A bill to amend Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, so as to provide that a decree of adoption shall not change the surname of a child from that of the child's deceased father if such name change would result in a cessation of such family surname; to provide for an exception.
Referred to Committee on Judiciary.
SB 673. By Senators Farrow of the 54th and Walker of the 22nd:
A bill to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation and construction of hospitals and other health care fa cilities, so as to allow health care providers to enter into cooperative agreements for the provision of health care which may have the effect of lessening competi tion; to provide a short title; to define certain terms; to provide for applications for certificates of public advantage.
Referred to Committee on Health and Human Services.
SB 674. By Senators Perdue of the 18th, Hill of the 4th, Robinson of the 16th and others:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide that a person under the age of 21 years with an alcohol concentration of 0.02 shall be guilty of driving under the influence of alcohol; to provide for suspension of driver's licenses.
Referred to Committee on Judiciary.

FRIDAY, FEBRUARY 18, 1994

791

SR 524. By Senators McGuire of the 30th, Gochenour of the 27th and Guhl of the 45th:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly may provide by law for limitations and restrictions on the powers and authority of the State Board of Pardons and Paroles to grant re prieves, pardons, and paroles, to commute penalties, to remove disabilities im posed by law, and to remit any part of a sentence; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Corrections.
SR 525. By Senator McGuire of the 30th:
A resolution proposing an amendment to the Constitution so as to provide for the imposition of a state-wide sales and use tax of 1 percent, the proceeds of which shall be used exclusively for educational purposes prior to the college or postsecondary level; to provide for the submission of this amendment for ratifica tion or rejection. Referred to Committee on Finance and Public Utilities.
SR 526. By Senator McGuire of the 30th:
A resolution amending the Rules of the Senate. Referred to Committee on Rules.
SR 527. By Senator McGuire of the 30th:
A resolution amending the Rules of the Senate. Referred to Committee on Rules.
SR 529. By Senator Robinson of the 16th:
A resolution designating Buena Vista and Marion County as the official site of the Georgia Chicken Cookin' Championship and the Southern Foods Festival. Referred to Committee on Agriculture.
SR 531. By Senators Farrow of the 54th and Walker of the 22nd:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly may by general law authorize contracts and agreements among health care providers and other persons for the provision of health care services which may have the effect of lessening competition if the advantages to the public outweigh any disadvantages; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Health and Human Services.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 1267. By Representatives McBee of the 88th, Heard of the 89th, Culbreth of the 132nd and others:
A bill to amend Chapter 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, so as to provide authority for tax collectors or tax commissioners to demand immediate payment of taxes or require a bond for se curity when there is reason to believe that the taxpayer intends to leave the state or remove his or her property from the taxing jurisdiction. Referred to Committee on Finance and Public Utilities.

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HB 1268. By Representatives McBee of the 88th, Heard of the 89th, Scoggins of the 24th and Skipper of the 137th:
A bill to amend Code Section 48-3-3 of the Official Code of Georgia Annotated, relating to executions of tax collectors and tax commissioners, so as to provide that notice to the taxpayer that taxes are due on personal property shall not be required. Referred to Committee on Finance and Public Utilities.
HB 1429. By Representatives Holmes of the 53rd, Cauthorn of the 35th, Canty of the 52nd and Goodwin of the 79th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for the comprehensive revision of said title to conform to the National Voter Registration Act of 1993. Referred to Committee on Ethics.
HB 1471. By Representatives Streat of the 167th, Mobley of the 86th and Davis of the 48th:
A bill to amend Code Section 40-5-58 of the Official Code of Georgia Annotated, relating to habitual violators and probationary drivers' licenses, so as to change the provisions relating to conditions under which a probationary driver's license may be issued. Referred to Committee on Special Judiciary.
HB 1550. By Representative Birdsong of the 123rd:
A bill to amend Code Section 40-2-74 of the Official Code of Georgia Annotated, relating to special license plates for disabled persons, so as to provide that pres entation of a handicapped identification card shall constitute proof of disability or hearing impairment. Referred to Committee on Public Safety.
HB 1693. By Representatives Harris of the 112th and Murphy of the 18th:
A bill to amend Code Section 48-5-292 of the Official Code of Georgia Annotated, relating to ineligibility of county tax assessors to hold other offices, so as to pro hibit certain appraisers from serving as members of the county board of tax as sessors once such appraisers cease to serve as appraisers. Referred to Committee on Finance and Public Utilities.
HB 1723. By Representative Cummings of the 27th:
A bill to amend Code Section 47-21-4, relating to employee contributions under the Regents Retirement Plan, so as to provide that the board of trustees of such plan shall establish the rate of employee contributions within certain limits. Referred to Committee on Retirement.
HB 1727. By Representatives Chambless of the 163rd, Thomas of the 100th, Bostick of the 165th and Hammond of the 32nd:
A bill to amend Chapter 5 of Title 10 of the Official Code of Georgia Annotated, the "Georgia Securities Act of 1973," so as to change a definition; to provide that the state may participate in a new electronic filing system; to provide that super visors may be held culpable for the criminal acts of their agents; to provide an exception. Referred to Committee on Judiciary.

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793

HB 1793. By Representative Cummings of the 27th:
A bill to amend Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law," so as to require an actuarial investigation for cost reduction amendments to fiscal retirement bills. Referred to Committee on Retirement.
HR 709. By Representatives Buckner of the 95th, Lee of the 94th, Bailey of the 93rd and Benefield of the 96th:
A resolution proposing an amendment to the Constitution so as to provide that the State of Georgia shall have full and complete authority to regulate alcoholic beverages in any manner permitted under the Twenty-First Amendment to the United States Constitution. Referred to Committee on Judiciary.
HB 1615. By Representatives Bannister of the 77th, Wall of the 82nd, Breedlove of the 85th and others:
A bill to amend an Act to continue and re-create the State Court of Gwinnett County, so as to change the compensation of the judges of the state court. Referred to Committee on Urban and County Affairs.
HB 1741. By Representatives Brooks of the 103rd, Westmoreland of the 104th, Epps of the 131st and Yates of the 106th:
A bill to amend an Act establishing the City Court of Newnan, as amended, par ticularly by an Act changing its name to the State Court of Coweta County, so as to provide that the judge and solicitor of such court shall devote full time to their official duties. Referred to Committee on Urban and County Affairs.
HB 1742. By Representatives Brooks of the 103rd, Westmoreland of the 104th, Epps of the 131st and Yates of the 106th:
A bill to provide for a homestead exemption from Coweta County ad valorem taxes for county purposes for certain residents of that county. Referred to Committee on Urban and County Affairs.
HB 1743. By Representatives Brooks of the 103rd, Westmoreland of the 104th, Epps of the 131st and Yates of the 106th:
A bill to provide a homestead exemption from certain Coweta County ad valorem taxes for county purposes in the amount of $5,000.00 of the assessed value of the homestead for residents of that county. Referred to Committee on Urban and County Affairs.
HB 1799. By Representative Hughes of the 19th:
A bill to provide for an advisory referendum election to be held in Dawson County for the purpose of ascertaining whether the voters of such county prefer the county governing authority to be in the form of a sole commissioner or a board of commissioners. Referred to Committee on Urban and County Affairs.

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JOURNAL OF THE SENATE

HB 1800. By Representatives Harris of the 112th and Yeargin of the 90th:
A bill to amend an Act providing for a new charter for the City of Lincolnton, so as to provide that no person shall be elected as mayor or council member for more than three consecutive terms.
Referred to Committee on Urban and County Affairs.

HB 1804. By Representatives Carter of the 166th, Bostick of the 165th and Royal of the 164th:
A bill to provide a homestead exemption from Colquitt County ad valorem taxes for county purposes and Colquitt County School District taxes for educational purposes in the amount of $10,000.00 of the assessed value of that homestead for certain residents of that county who have annual incomes not exceeding $30,000.00 and who are totally disabled paralyzed homeowners.
Referred to Committee on Urban and County Affairs.

HB 1807. By Representatives Buck of the 135th, Culbreth of the 132nd, Taylor of the 134th and others:
A bill to amend an Act providing for a new charter for the county-wide govern ment of Columbus, so as to provide for the nonpartisan election of the mayor and council members. Referred to Committee on Urban and County Affairs.
The following committee reports were read by the Secretary:

Mr. President:

The Committee on Appropriations 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 427. Do pass.

SB 595. Do pass.

SB 561. Do pass by substitute.

SB 619. Do pass.

SB 593. Do pass.

SR 413. Do pass as amended.

SB 594. Do pass.

HB 1187. Do pass.

Respectfully submitted,

Senator Hooks of the 14th District, Chairman

Mr. President:

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

SB 567. Do pass by substitute.

HR 816. Do pass.

SR 500. Do pass.

HR 817. Do pass.

SR 519. Do pass.

HR 818. Do pass.

HB 1196. Do pass by substitute.

HR 819. Do pass.

HB 1241. Do pass.

HR 823. Do pass.

HB 1297. Do pass by substitute.

HR 842. Do pass by substitute.

HB 1517. Do pass.

HR 859. Do pass.

HR 814. Do pass.

HR 861. Do pass.

Respectfully submitted,

Senator Starr of the 44th District, Chairman

FRIDAY, FEBRUARY 18, 1994

795

Mr. President:

The Committee on Health and Human Services has had under consideration the follow ing bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 580. Do pass by substitute. SB 618. Do pass. SB 625. Do pass. SB 627. Do pass.
Respectfully submitted,
Senator Walker of the 22nd District, Chairman

The following communication was read by the Secretary:

The State Senate Atlanta, Georgia 30334
February 17, 1994
Mr. Frank Eldridge Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334
Dear Mr. Secretary:
I hereby authorize Senator Jake Pollard to preside at the Senate Judiciary Committee meeting to be held on Thursday, February 17, 1994, at 3:00 p.m., in Room 307 of the Legis lative Office Building. Senator Pollard is also authorized to discuss those bills posted on the agenda (copy attached).
Thank you for your cooperation in this matter.
Respectfully,
/a/ MARY MARGARET OLIVER

The State Senate Atlanta, Georgia 30334 NOTICE OF MEETING

SENATE JUDICIARY COMMITTEE

DATE:

Thursday, February 17, 1994

TIME:

3:00 p.m.

PLACE:

307 Legislative Office Building

AGENDA:

SB 534 (Farrow) SB 581 (Farrow)

Issuance/recording of ad valorem tax executions; duties of clerks of superior courts; specify that ad valorem tax executions issued by county tax collector/commissioner must be recorded on general exe cution docket without charging of any fee Grounds for dismissal of appeals; dismissal for nonpayment of cost or failure to have sufficient affidavit of indigence filed/contained in rec ord; delete payment of costs within certain time period

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JOURNAL OF THE SENATE

SB 576 (Bowen) Jurisdiction, powers, duties of probate courts; shall have jurisdiction to try misdemeanor violations involving possession of 1 oz or less of marijuana when defendant waives trial by jury; application; effective
date HB 572 (Martin) Regulation of specialized land transaction: provide for suspension of
services provided to a unit owner under certain circumstances HB 1321 (Cauthorn) Persons before whom depositions may be taken; disallow waiver of
disqualification of court report for interest; training and certification of court reporters

Mr. President:

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

SB 534. Do pass by substitute.

HB 572. Do pass.

SB 576. Do pass by substitute.

HB 1321. Do pass as amended.

SB 581. Do pass.

Respectfully submitted,

Senator Pollard of the 24th District, Vice 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 406. Do pass by substitute. SR 485. Do pass by substitute.
Respectfully submitted,
Senator Scott of the 36th District, Chairman

Mr. President:

The Committee on Science, Technology and Industry has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 837. Do pass by substitute. HB 866. Do pass. HB 1391. Do pass.
Respectfully submitted,
Senator Tysinger of the 41st District, Chairman

Mr. President:

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

SR 499. Do pass.

HB 1539. Do pass.

SR 502. Do pass.

HR 668. Do pass.

SR 516. Do pass.

HR 730. Do pass.

FRIDAY, FEBRUARY 18, 1994

797

HR 773. Do pass.

HR 768. Do pass. Respectfully submitted,
Senator Coleman of the 1st District, Chairman

Mr. President:

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

SB 654. Do pass.

HB 1751. Do pass.

SB 655. Do pass.

HB 1753 Do pass

SB 656. Do pass.
HB 1562. Do pass. HB 1688. Do pass.

,,H,,B 1756. ^Do pass. HB 1757- Do Pass"

HB 1739.

Do pass by substitute.

HB 1773. Do pass.

Respectfully submitted,

Senator Thompson of the 33rd District, Chairman

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

SB 399 SB 499 SB 559 SB 582 SR 374 HB 912 HB 1225 HB 1505

SB 402 SB 538 SB 560 SB 611 SR 391 HB 965 HB 1341 HB 1586

SB 456 SB 558 SB 571 SB 630 SR 486 HB 1181 HB 1482

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

Baugh Boshears Bowen Broun of 46th Brown of 26th
B urt n
Qla Crotts j-, Dean Egan Farrow Gillis Glanton Gochenour

Guhl Harbison Hemmer Henson Hill
Hooks
Huggins Isakson Kemp Langford of 29th Madden Marable McGuire Middleton Newbill

Those not answering were Senators:

Abernathy Alien

Balfour Blitch

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

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JOURNAL OF THE SENATE

Langford of 35th Taylor

Thomas

Thompson

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
The President introduced the chaplain of the day, Rev. Butch Jones, minister of Ellijay Church of Christ, Ellijay, Georgia, who offered scripture reading and prayer.
The following resolutions were read and adopted:
SR 523. By Senator Dean of the 31st: A resolution commending Mr. Charles Ernest Morris, Jr., and inviting him to appear before the Senate.
SR 528. By Senator Robinson of the 16th: A resolution recognizing the area of Buena Vista and Marion County as the En tertainment Capital of Southwest Georgia.
SR 530. By Senators Gillis of the 20th and Muggins of the 53rd: A resolution recognizing the historical significance of this 102nd anniversary of the first official celebration of Arbor Day in Georgia.
SR 532. By Senator Crotts of the 17th: A resolution recognizing and commending the Henry County School System.
SR 533. By Senators Turner of the 8th and Blitch of the 7th: A resolution recognizing and commending Jo Morgan.
SR 534. By Senator Scott of the 36th: A resolution commending the Reverend Dr. Rex Kaney.
The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR Friday, February 18, 1994
TWENTY-FIFTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 654 Kemp, 3rd Boshears, 6th GLYNN COUNTY Provides a homestead exemption from all Glynn County ad valorem taxes for county purposes for certain residents in the amount of $6,000.00 of the as sessed value of that homestead; to provide a homestead exemption from all Glynn County ad valorem taxes, including taxes levied for the reduction of bonded indebtedness, for certain residents of Glynn County who are 62 or 65 years of age or older who have a net income of less than $10,000.00 in the amount of $12,000.00 of the assessed value of that homestead.

FRIDAY, FEBRUARY 18, 1994

799

SB 655 Coleman, 1st Alien, 2nd CHATHAM COUNTY
Amends an Act completely revising the laws relative to the governing author ity of Chatham County, so as to change the composition of the commissioner districts; to provide for certain definitions and inclusions; to require submis sion of the Act to the US Attorney General for certain approval.

SB 656 Coleman, 1st Alien, 2nd CITY OF SAVANNAH/CHATHAM COUNTY
Amends an Act relating to the school system of the City of Savannah and Chatham County, so as to change the composition of the education districts to provide for certain definitions and inclusions; to require submission of the Act to the US Attorney General for certain approval.

HB 1562 Gochenour, 27th CRAWFORD COUNTY
Provides a homestead exemption from Crawford County School District ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that school district who have annual incomes not exceeding $20,000.00 and who are 65 years of age or over or disabled.

HB 1688 Taylor, 12th CLAY COUNTY
Amends an Act reconstituting the Board of Education of Clay County, so as to change the provisions relating to the qualifications of members of the board; to change the provisions relating to compensation.

*HB 1739

Bowen, 13th Ray, 19th BEN HILL COUNTY
Creates a board of elections and registration in Ben Hill County. (SUBSTITUTE)

HB 1753 Coleman, 1st Alien, 2nd CHATHAM COUNTY
Amends an Act providing for the compensation of certain officials in Chat ham County, so as to change the compensation of certain officials.

HB 1756 Boshears, 6th APPLING COUNTY
Amends an Act to change the composition and method of election of the Board of Education of Appling County, so as to provide new education dis tricts.

HB 1773 Broun, 46th CITY OF WINTERVILLE
Amends an Act creating a new charter for the City of Winterville, so as to provide for the filling of a vacancy in the office of mayor or city council mem ber; to establish the Municipal Court of the City of Winterville.

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JOURNAL OF THE SENATE

HB 1757 Boshears, 6th APPLING COUNTY
Amends an Act creating the board of commissioners of Appling County, so as to provide new commissioner districts.
The substitute to the following bill was put upon its adoption:
*HB 1739:
The Senate Urban and County Affairs Committee offered the following substitute to HB 1739:
A BILL
To be entitled an Act to create a board of elections and registration in Ben Hill County; to provide for authority; to empower said board with the powers and duties of the election superintendent relating to the conduct of elections; to empower said board with the powers and duties of the board of registrars relating to the registration of voters and absentee bal loting procedures; to provide for the qualifications and terms of the members of said board; to provide a method for the appointment or election, resignation, and removal of its mem bers; to provide for a chairperson and operating budget of the board and for offices, clerical assistants, and employees; to define its powers, duties, and responsibilities; to provide for compensation for the members of said board; 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. Pursuant to the authorization contained in subsection (b) of Code Section 21-2-40 of the O.C.G.A., there is created a Ben Hill County Board of Elections and Registra tion and said board is empowered with the powers and duties of the election superintendent relating to the conduct of elections and with the powers and duties of the board of registrars relating to the registration of voters and absentee balloting procedures in and for Ben Hill County, Georgia.
Section 2. The Ben Hill County Board of Elections and Registration shall be comprised of five members, each of whom shall be an elector and a resident of Ben Hill County, and who shall be selected in the following manner:
(1) One member shall be appointed by the chairperson of the county executive commit tee of the political party which receives the highest number of votes within the county for its candidate for Governor in the general election immediately preceding the appointment of the member, and one member shall be appointed by the political party which receives the second highest number of votes within the county for its candidate for Governor in the general election immediately preceding the appointment of the member. Each of such ap pointments shall have been ratified by a majority of the members of each of such respective executive committees voting at a meeting duly called and held for such purpose. In the event any appointment is not ratified by the vote of a majority of the members of such executive committee at least 60 days immediately preceding the date on which such mem bers are to take office, then the members of the respective executive committees may elect such members by two-thirds' majority of the membership at such executive committee at least 45 days immediately preceding the date on which such members are to take office; otherwise, such members shall be appointed in accordance with the provisions of Section 4 of this Act; and
(2) Three members shall be appointed by the governing authority of Ben Hill County, Georgia, and one of said members shall be designated by said governing authority as super visor of registration and elections and that person shall be the administrator and chairper son of the board and shall carry out all duties of voter registration and elections. Said per son shall hold the position of administrator and chairperson for a period of two years. Thereafter, the administrator and chairperson of said board shall be appointed by the gov erning authority of Ben Hill County as one of the members of said board for a term of two years and nothing shall prevent said governing authority from appointing the same person.

FRIDAY, FEBRUARY 18, 1994

801

Section 3. No person who holds elective public office shall be eligible to serve as a member of the board during the term of such elective office, and the position of any such member shall be deemed vacant upon such member's qualifying as a candidate for an elec tive public office.
Section 4. No person shall take office as a member of the board unless the respective appointing or electing authority files an affidavit with the clerk of the Superior Court of Ben Hill County no later than 30 days immediately preceding the date on which such member is to take office stating the name and residential address of the person appointed or elected and certifying that such member has been duly appointed or elected as provided in this Act. The clerk of the superior court shall record each such certification on the minutes of the superior court and shall certify the name of each appointed or elected member and the name of the supervisor of registration and elections to the Secretary of State and shall pro vide for the issuance of appropriate commissions to the members within the same time and in the same manner as provided by general law for registrars. In the event any appointing or electing authority fails to make a regular appointment or election within the time specified in this section or in Section 2 of this Act or fails to make an interim appointment or election to fill a vacancy in the board within 90 days after the creation of such vacancy, such regular member or the member to fill such vacancy shall be appointed forthwith by the governing authority of Ben Hill County.
Section 5. The initial members appointed or elected to the board shall serve for a term of office beginning May 1, 1994, and expiring at the end of December 31, 1995, and until the selection and qualification of their respective successors. Thereafter, all appointees shall serve for a term of two years beginning on the first day of January immediately following the expiration of the respective member's term of office and until a successor is appointed or elected and qualified, except in the event of resignation or removal as provided in this Act. Successors shall be appointed in the manner specified in Section 2 of this Act for the ap pointment or election of the member who is being succeeded. Members shall be eligible to succeed themselves and shall have the right to resign at any time by giving written notice of resignation to the respective appointing or electing authority and to the clerk of the Supe rior Court of Ben Hill County. Members shall also be subject to removal from the board at any time, for cause, after notice and hearing, by the appointing or electing authority but otherwise in the same manner provided by general law for the removal of registrars.
Section 6. The compensation of the supervisor of registration and elections shall be fixed by the governing authority of Ben Hill County and the compensation of the remaining members of the board shall be likewise fixed and paid by the governing authority of Ben Hill County.
Section 7. In the event a vacancy occurs in the office of any member other than the supervisor of registration and elections before the expiration of that member's term of office, whether by removal, death, resignation, or otherwise, the respective appointing or electing authority shall appoint or elect a successor to serve the remainder of the unexpired term and until a successor is regularly appointed or elected.
Section 8. The first members of the board shall take office on May 1, 1994. Provisions in paragraph (1) of Section 2 and in Section 4 of this Act specifying the time for performing certain duties before a member takes office are waived for the initial members of the board. Before entering upon a member's duties, each member shall take substantially the same oath as required by general law for registrars and shall have the same privileges from arrest.
Section 9. Upon the members of the board taking office, the present board of registrars of Ben Hill County shall be abolished and shall deliver to the chairperson of the board, upon his or her written request, the custody of all equipment, supplies, materials, books, papers, records, and facilities of every kind pertaining to such powers and duties. The elec tion superintendent of Ben Hill County shall likewise be relieved of any responsibilities pertaining to the conduct of elections and shall deliver to the chairperson of the board, upon his or her written request, the custody of all equipment, supplies, materials, books, papers, records, and facilities of every kind pertaining to such powers and duties.

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JOURNAL OF THE SENATE

Section 10. The Ben Hill County Board of Elections and Registration shall be empow ered with all powers and duties relating to the conduct of elections as election superinten dent pursuant to provisions of Title 21 of the O.C.G.A.
(b) The Ben Hill County Board of Elections and Registration is empowered with all of the powers and duties relating to the registration of voters and absentee balloting proce dures as board of registrars pursuant to the provisions of Title 21 of the O.C.G.A.
(c) This Act is intended to implement the provisions of subsection (b) of Code Section 21-2-40 of the O.C.G.A. and shall be construed liberally so as to effectuate that purpose.
(d) The board shall propose an annual budget to the county governing authority for approval or negotiation detailing the expenditures necessary for the execution of its duties.
Section 11. The board shall be responsible for the selection, appointment, and training of poll workers in primaries and elections, and such workers shall be appointed, insofar as practicable, from lists provided to the board by the county executive committee of each political party.
Section 12. The chairperson of the board of elections and registration shall be the chief executive officer and shall generally supervise, direct, and control the administration of the affairs of the board pursuant to law and duly adopted resolutions of the board. The board shall fix and establish, by appropriate resolution entered on its minutes, directives gov erning the execution of matters within its jurisdiction.
Section 13. The governing authority of Ben Hill County shall provide the board with such proper and suitable offices and with such clerical assistants and other employees as the governing authority shall deem appropriate.
Section 14. As used in this Act, the words "election," "elector," "political party," "pri mary," "public office," "special election," and "special primary" shall have the same mean ing ascribed to those words by Chapters 2 and 3 of Title 21 of the O.C.G.A. unless otherwise clearly apparent.
Section 15. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 16. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 47, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.
On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Farrow Gillis Glanton Gochenour Guhl Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 29th

Madden Marable McGuire Middleton Newbill Oliver Parrish Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Slotin

FRIDAY, FEBRUARY 18, 1994

803

Starr Taylor

Thompson Turner

Those not voting were Senators:

Abernathy Alien Baugh

Cheeks Langford of 35th Perdue

Tysinger
Scott Thomas Walker

On the passage of all the local bills, the yeas were 47, nays 0.
All the bills on the Senate Local Consent Calendar, except HB 1739, having received the requisite constitutional majority, were passed.
HB 1739, having received the requisite constitutional majority, was passed by substitute.
The following resolution of the House was read and put upon its adoption:

HR 975. By Representatives Murphy of the 18th, Walker of the 141st, Groover of the 125th and others:
A resolution relative to adjournment from Friday, February 18 to Monday, Feb ruary 21, 1994.

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

Those voting in the affirmative were Senators:

Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Day Dean Edge Egan Farrow Gillis

Glanton Gochenour Guhl Harbison Hemmer Henson Hooks Huggins Isakson Kemp Langford of 29th Madden Marable McGuire Middleton Newbill

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

Those not voting were Senators:

Abernathy Alien Balfour

Baugh Hill Langford of 35th

Scott Walker

On the adoption of the resolution, the yeas were 48, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

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JOURNAL OF THE SENATE

SENATE RULES CALENDAR Friday, February 18, 1994
TWENTY-FIFTH LEGISLATIVE DAY
SB 553 Certain Senatorial Districts--change (Substitute) (Reappor--7th)
SB 530 Smoke Detectors--all dwellings (Substitute) (YA&HE--52nd)
SB 647 Education Program Weights, Funding--migrant student grants (Ed--4th) SB 644 Education Certificated Personnel--transfer of functions to Professional
Standards Commission (Ed--4th)
SB 602 State Depositories--deposits of securities in lieu of bonds (Substitute) (B&FI--8th)
SB 563 Nursing Homes--penalty, those notifying ones subject to survey (Substitute) (YA&HE--21st)
SB 537 Boards of Education, County Funds--depository designation (B&FI--9th) SB 432 Hazardous Waste Burned for Energy Recovery--provide management fees
(Substitute) (Nat R--20th) SB 469 County Boards of Family and Children Services--selection (H&HS--33rd)
HB 1226 Real Estate Appraisers -- Board issue temporary permits (Substitute) (ST&I--41st) Skipper--137th
HB 1227 Real Estate Brokers, Salespersons--licensure (Substitute) (ST&I--41st) Skipper--137th
HB 1263 Office of Energy Resources--transfer of assets, liabilities (Nat R--12th) Patten--176th
HB 1194 Employment Security Law--redefine "employment" (I&L--12th) Watson--139th
Respectfully submitted, /s/ Scott of the 36th, Chairman
Senate Rules Committee
The following general bills were read the third time and put upon their passage:
SB 553. By Senator Blitch of the 7th: A bill to amend Code Section 28-2-2 of the Official Code of Georgia Annotated, relating to apportionment of the Senate and qualifications of its members, so as to change the composition of certain senatorial districts; to provide for an effec tive date and applicability.
The Senate Committee on Reapportionment offered the following substitute to SB 553:
A BILL
To be entitled an act to amend Code Section 28-2-2 of the Official Code of Georgia Annotated, relating to apportionment of the Senate and qualifications of its members, so as to change the composition of certain senatorial districts; to provide for an effective date and applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 28-2-2 of the Official Code of Georgia Annotated, relating to apportionment of the Senate and qualifications of its members, is amended by striking from subsection (a) the descriptions of senatorial districts No. 5, 10, 11, 13, 28, 29, 33, 37, 38, 41,

FRIDAY, FEBRUARY 18, 1994

805

42, 43, and 55 and inserting in lieu thereof new descriptions of said districts to read as follows:
"District: 5
DEKALB COUNTY VTD: 0011 BRIARLAKE VTD: 0013 BROCKETT VTD: 0040 EMBRY HILLS VTD: 0043 EVANSDALE VTD: 0051 HAMBRICK VTD: 0052 HAWTHORNE VTD: 0053 HENDERSON MILL VTD: 0054 HERITAGE (Part) Tract: 0216.01 Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 113, 114, 115, 119 VTD: 0056 HUGH HOWELL VTD: 0058 IDLEWOOD VTD: 0067 LAKESIDE VTD: 0069 LAVISTA AND LIVSEY VTD: 0087 MONTREAL (Part) Tract: 0218.10 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410 VTD: OOAD PLEASANTDALE VTD: OOAX SILVER HILL VTD: OOBB SMOKE RISE VTD: OOBF STONE MILL VTD: OOBG STONE MOUNTAIN VTD: OOBP TUCKER VTD: OOBU WARREN
GWINNETT COUNTY VTD: 0003 405A VTD: 0004 405B VTD: 0005 405C VTD: 0006 405D VTD: 0007 405E VTD: 0008 405F VTD: 0009 405G VTD: 0011 408B VTD: 0050 405H (Part) Tract: 0504.03 Block(s): 101, 102, 103, 104, 202 Tract: 0405.10 Block(s): 301, 302, 303A, 303B, 304 VTD: 0064 4051 VTD: 0073 408K (Part) Tract: 0507.06 Block(s): 209"
"District: 10
CLAYTON COUNTY VTD: 0001 ELLENWOOD (Part) Tract: 0404.02 Block(s): 901, 902, 903, 913A, 913B, 914A, 914B, 915, 916, 917, 922, 923, 924, 926A, 926B, 926C, 927, 928, 930, 945 VTD: 0002 FOREST PARK 1 (Part)

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JOURNAL OF THE SENATE

Tract: 0403.01 Block(s): 101, 102, 104, 105, 106, 113, 114, 302, 303, 304, 305, 306, 310, 311, 312A, 312B, 312C, 313, 314, 315, 316, 401, 405, 406, 407, 408, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 516
Tract: 0403.02 Block(s): 101A, 101B, 101C, 102, 104, 105, 112, 505, 508A, 508B, 512, 513, 514, 515, 516, 517B
VTD: 0003 FOREST PARK 2 (Part) Tract: 0403.03 Block(s): 102A, 104, 105, 106, 107, 108, 201, 202, 203, 204, 205, 206A, 206B, 207, 208, 209A, 209B, 209C, 209D, 209E, 209F, 210, 211, 212, 213, 214, 215, 216, 217, 604A, 605, 606, 607, 603, 609, 610, 611, 612A, 612B, 612C
VTD: 0004 FOREST PARK 3 (Part) Tract: 0402. Block(s): 901, 902, 903, 904, 905, 906, 907, 908A, 908B, 911, 912, 913, 914, 915, 916, 917, 918, 922, 933
VTD: 0017 ADAMSON MORROW 1 (Part) Tract: 0403.03 Block(s): 101, 102B Tract: 0404.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 201, 202, 203, 204A, 204B, 204C, 205, 206A, 206B, 207, 208, 209, 210, 801, 802, 803, 904, 905, 906, 907, 910, 912, 925A, 925B, 925C
VTD: 0023 OAK 1 VTD: 0024 OAK 2 AND OAK 3 VTD: 0026 RIVERDALE 1 VTD: 0033 RIVERDALE 8 (Part)
Tract: 0405.04 Block(s): 330C, 333C, 334
Tract: 0405.05 Block(s): 221C, 221D, 224B, 225, 301B, 309, 310D, 311, 312, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520
VTD: 0041 LAKE CITY 1 (Part) Tract: 0404.01 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123A, 123B, 123C, 124, 125, 126, 127, 130, 131, 132, 201, 202, 203, 204, 205A, 205B, 206A, 206B, 207, 208, 209, 210, 215, 301, 302A, 302B, 303, 304, 305, 311, 313, 315, 323A, 323B, 323C
DEKALB COUNTY VTD: 0006 AVONDALE ESTATES VTD: 0019 CEDAR GROVE VTD: 0027 CLIFTON VTD: 0039 EASTLAND VTD: 0047 FORREST HILLS VTD: 0049 GORDON VTD: 0050 GRESHAM PARK VTD: 0055 HOOPER ALEXANDER VTD: 0065 KIRKWOOD VTD: 0076 MCLENDON VTD: 0078 MEADOWVIEW VTD: 0088 MORELAND VTD: 0091 NORTH DECATUR VTD: OOAA PETERSON VTD: OOAE PONCE DE LEON (Part) Tract: 0225.

FRIDAY, FEBRUARY 18, 1994

807

Block(s): 401, 402, 403, 404, 405, 406, 408, 411, 412, 502, 503, 507, 508, 509, 510, 513, 603, 607
VTD: OOAK REHOBOTH (Part) Tract: 0220.01 Block(s): 110, 401, 402, 405, 408, 409, 410, 411, 412, 413, 414, 415B, 416, 417, 425
VTD: OOBD SOUTH DECATUR VTD: OOBJ TERRY MILL VTD: OOBM TOOMER VTD: OOBY WHITEFOORD NORTH VTD: OOCA WHITEFOORD SOUTH VTD: OOCB WINNONA
District: 11
EARLY COUNTY SEMINOLE COUNTY BAKER COUNTY
VTD: 0001 ANNA VTD: 0003 HOGGARDS MILL BROOKS COUNTY VTD: 0002 BRIGGS (Part)
Tract: 9903. Block(s): 255, 256, 258, 259, 260, 261, 262, 263, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277
Tract: 9905. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 121, 122, 123, 124, 125, 126, 127, 128, 129
VTD: 0003 DIXIE VTD: 0005 GROOVERVILLE VTD: 0009 QUITMAN (Part)
Tract: 9904. Block(s): 147A, 148A, 149, 150, 151, 152, 153, 154, 155A, 157A, 157B, 158A, 159A, 159B, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 217A, 219A, 226, 227, 230, 231, 232, 234A, 234B, 235A, 235B, 236, 237A, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380
Tract: 9905. Block(s): 119, 120, 130, 131, 132, 133, 134, 135A, 135B, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147A, 147B, 168A, 169A, 170A, 170B, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190A, 191A, 191B, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313A, 313B, 313C, 313D, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 336A, 337, 338, 339A, 339B, 339C, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354A, 355, 356, 357A
COLQUITT COUNTY VTD: 0001 BRIDGE CREEK (Part) Tract: 9709.
Block(s): 305, 306, 307

808

JOURNAL OF THE SENATE

VTD: 0004 FUNSTON (Part) Tract: 9709. Block(s): 222, 223, 301C, 302, 303, 304, 308B, 314B, 315, 316, 321
VTD: 0006 HARTSFIELD VTD: 0009 MONK (Part)
Tract: 9703. Block(s): 222, 223, 224, 225A, 225B, 226A, 226B
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, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 250, 251, 252, 253, 254, 255, 256, 257, 258, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 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, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 147, 148, 201, 202, 301C
Tract: 9709. Block(s): 129A, 131, 134, 135, 136, 301A, 325B
VTD: 0018 SHAW DECATUR COUNTY
VTD: 0001 ATTAPULGUS VTD: 0002 BAINBRIDGE (Part)
Tract: 9703. Block(s): 267B, 284A, 284B, 285, 286, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383A, 383B, 384, 385, 386, 387, 388, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421A, 421B, 422A, 422B, 423A, 423B, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447
Tract: 9704. Block(s): 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 244, 245, 246, 247, 301A, 301B, 302A, 302B, 302C, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449
Tract: 9705. Block(s): 214, 215, 216, 217, 218, 233, 234, 238
Tract: 9706. Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 122, 123, 124, 125, 126, 127, 128, 129, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 232, 401, 402A, 402B, 403B, 403C, 416, 417, 418, 419A, 419B, 419C, 420, 421A, 421B, 422A, 422B, 422C

FRIDAY, FEBRUARY 18, 1994

809

Tract: 9707. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 122, 123, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 193, 194, 195, 196, 197
VTD: 0003 WEST BAINBRIDGE (Part) Tract: 9703. Block(s): 144A, 146A, 147A, 157, 158A, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 201A, 202A, 202B, 204A, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260A, 267A, 268, 269, 270A, 271, 272, 273, 274, 275, 276, 277, 278A, 279, 280, 281, 282, 283
VTD: 0005 BELL VTD: 0008 FACEVILLE VTD: 0009 FOWLSTOWN VTD: 0013 RECOVERY GRADY COUNTY VTD: 0010 DUNCANVILLE VTD: 0015 HIGDON VTD: 0025 MIDWAY (Part)
Tract: 9505. Block(s): 325, 326, 327, 328, 329, 333, 334, 424B, 427B, 428, 433, 434, 435
VTD: 0035 RAGAN VTD: 0045 WOODLAND (Part)
Tract: 9503. Block(s): 128A, 129A, 129B, 129C, 139, 140, 141, 142, 143, 147, 148, 149, 150, 152, 153, 154, 155, 156, 157, 158, 159, 160
VTD: 0050 CAIRO 4 VTD: 0055 CAIRO 5 (Part)
Tract: 9504. Block(s): 401, 402, 403, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419
Tract: 9505. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 246, 401, 402, 403, 404, 405, 407, 408, 409, 410, 412, 415, 417, 418, 419, 420, 421, 422, 423, 424A, 425, 426, 436, 437, 438, 439
LOWNDES COUNTY VTD: 0005 GARDEN CENTER (Part) Tract: 0109. Block(s): 101, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124A, 125, 126, 127, 140, 141, 142, 143, 144, 145 Tract: 0110. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 216, 217, 301, 302, 303, 304, 305, 306, 307, 322, 323, 335, 336, 337, 338, 339, 340, 341, 342, 343, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450 VTD: 0007 LOMAX-PINEVALE VTD: 0015 AZALEA CITY CHURCH OF GOD (Part) Tract: 0114. Block(s): 309A, 309B, 209C, 310A, 311, 402A, 402B, 417B, 418, 419, 420A, 420B, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 443, 444, 445, 446, 447, 503A, 504A, 505A, 506A VTD: 0016 REDLANDS BAPTIST CHURCH (Part) Tract: 0114.

810

JOURNAL OF THE SENATE

Block(s): 310B, 312, 503B VTD: 0017 SHILOH FIRE STATION (Part)
Tract: 0102. Block(s): 495
VTD: 0019 CRAIG RECREATION CENTER MITCHELL COUNTY
VTD: 0005 BACONTON VTD: 0010 CAMILLA NORTH VTD: 0015 CAMILLA SOUTH VTD: 0020 COTTON AND HINSONTON VTD: 0025 FAIRCLOTH VTD: 0030 PARKER VTD: 0035 PEBBLE CITY VTD: 0040 PELHAM THOMAS COUNTY VTD: 0002 BALFOUR VTD: 0003 BOSTON VTD: 0008 METCALF VTD: 0012 DOUGLAS VTD: 0013 ARMORY (Part)
Tract: 9608. Block(s): 166C, 167, 512B, 513B, 514B, 515, 516, 517, 518B, 519B, 520, 521, 522, 523, 524, 525, 526, 527, 528, 530
Tract: 9610. Block(s): 333, 334, 338
VTD: 0015 HARPER VTD: 0016 SUSIE DUNLAP
"District: 13
DOOLY COUNTY CRISP COUNTY TURNER COUNTY WORTH COUNTY IRWIN COUNTY BEN-HILL COUNTY
VTD: 0002 EASTERN (Part) Tract: 9601.
Block(s): 102 Tract: 9604. Block(s): 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 231, 232, 233, 234, 235, 301, 302, 303, 304, 305, 306, 307, 308, 309, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 351, 352, 411, 412, 413, 414A, 414B, 414C, 414D, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424A, 424B, 425, 426, 427, 428, 429, 430, 431, 432, 433A, 433B, 434 Tract: 9605. Block(s): 301, 308, 309, 316, 317, 324, 325, 332, 333A, 333B, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 504, 505, 506, 507, 508, 509, 510, 511A, 511B, 512, 513, 514A, 514B, 515, 516, 517, 518, 519, 520 521A, 521B, 522A, 522B, 523A, 523B, 524A, 524B, 525, 526A, 526B, 526C, 527, 528, 529, 530, 531, 532A, 532B, 533, 534, 535, 536, 537, 538, 539, 542, 543A, 543B, 544A, 544B, 544C, 545A, 545B, 546, 547, 548A, 548B, 548C, 548D, 548E, 548F, 549, 550, 551A, 551B, 551C, 552, 553, 554A, 554B, 556, 557, 558, 559, 560, 573, 574, 575, 576, 577, 578, 579, 580, 581, 582, 583, 584, 586, 591, 592
VTD: 0003 WESTERN (Part)

FRIDAY, FEBRUARY 18, 1994

811

Tract: 9603. Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125A, 125B, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141A, 141B, 141C, 142A, 142B, 142C, 143, 144A, 144B, 144C, 144D, 145, 146, 147A, 147B, 148A, 148B, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 301A, 301B, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311A, 311B, 312, 313, 314, 315A, 315B, 316, 317A, 317B, 318, 319A, 319B, 319C, 320, 401, 402, 403, 404, 405, 406, 407A, 407B, 408A, 408B, 409A, 409B, 410, 411A, 411B, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425
Tract: 9604. Block(s): 104, 105, 106, 107, 108, 109, 110, 111, 112, 201, 202, 203, 204, 205A, 205B, 206, 207, 208, 209, 210A, 210B, 227, 228, 229, 230, 310, 311, 312, 313, 329, 330, 331, 332, 348, 349, 350
Tract: 9605. Block(s): 101A, 101B, 102A, 102B, 102C, lOoA, 103B, 104A, 104B, 105, 106, 107, 108A, 108B, 109A, 109B, 109C, 109D, 109E, 110A, HOB, 111, 112, 113, 114A, 114B, 115, 116, 117A, 117B, 118A, 118B, 119A, 119B, 120, 121, 122A, 122B, 123, 124, 125, 126, 127A, 127B, 127C, 128, 129, 130, 131A, 131B, 131C, 132, 133, 134A, 134B, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149A, 149B, 150, 151A, 151B, 152, 153, 154A, 154B, 155A, 155B, 155C, 156, 157, 201, 202, 203, 204, 205, 206, 207, 208A, 208B, 209, 210A, 210B, 211A, 211B, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 302, 303, 304, 305, 306, 307, 310, 311, 312, 313, 314, 315, 318, 319, 320, 321, 322, 323, 326, 327, 328, 329, 330, 331, 334, 335, 336, 337, 338A, 338B, 338C, 338D, 338E, 339, 340A, 340B, 340C, 340D, 341, 342A, 342B, 343, 344A, 344B, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369A, 369B, 369C, 370, 555
COLQUITT COUNTY VTD: 0001 BRIDGE CREEK (Part) Tract: 9709. Block(s): 224, 263, 264, 275, 301B, 317, 318, 319, 320, 322, 323, 324, 325A, 325C, 326, 327, 328, 329, 330, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418A, 418B, 418C, 418D, 419, 420, 459, 460, 461, 462
VTD: 0002 CROSLAND VTD: 0003 DOERUN VTD: 0004 FUNSTON (Part)
Tract: 9709. Block(s): 101, 102, 103A, 103B, 104A, 104B, 105, 106, 107, 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 (Part)
Tract: 9701. Block(s): 213, 214, 215, 216, 217, 218, 219, 220, 288, 289, 290
Tract: 9702. Block(s): 101, 102, 103, 104, 105, 106, 107, 158C, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 176, 177, 178, 289, 290, 291, 292
Tract: 9703. Block(s): 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118,

812

JOURNAL OF THE SENATE

119, 120, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166 VTD: 0010 MOULTRIE (Part) Tract: 9703. Block(s): 215A, 215B 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, 243, 244, 245, 246, 247, 248, 249, 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): 143, 144, 145, 146, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 301A, 301B, 301D, 301E, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418 VTD: 0011 MURPHY VTD: 0012 NORMAN PARK VTD: 0013 ROBINSON VTD: 0014 THIGPEN VTD: 0015 TY TY VTD: 0016 WARRIOR VTD: 0017 HOPEWELL VTD: 0019 AUTREYVILLE COOK COUNTY VTD: 0001 ADEL WEST VTD: 0003 PINE VALLEY VTD: 0006 RIVERBEND VTD: 0007 SPARKS MITCHELL COUNTY VTD: 0045 RAIFORD VTD: 0050 SALE CITY"
"District: 28
COWETA COUNTY FAYETTE COUNTY
VTD: 0002 BROOKS VTD: 0011 SHAKERAG EAST VTD: 0012 SHAKERAG WEST VTD: 0013 STARRSMILL

FRIDAY, FEBRUARY 18, 1994

813

VTD: 0014 WHITEWATER VTD: 0015 WOOLSEY VTD: 0016 MCINTOSH VTD: 0017 OAK GROOVE AND FLAT CREEK AND PART BRAELINN VTD: 0018 KEDRON VTD: 0019 ABERDEEN VTD: 0020 WINDGATE VTD: 0022 BRAELINN SPALDING COUNTY VTD: 0003 GRIFFIN THREE VTD: 0005 GRIFFIN FIVE (Part)
Tract: 1605. Block(s): 125, 127B, 150A, 151A, 152A, 153A, 155, 160A, 161A, 162B, 174A, 174B, 174C, 175, 176, 177A, 177B
Tract: 1607. Block(s): 521A, 522A, 523A, 524A, 526A, 527A, 528A, 528B, 532A, 532B
VTD: 0006 GRIFFIN SIX (Part) Tract: 1608. Block(s): 250, 303, 304, 305 Tract: 1612. Block(s): 201, 212, 213, 225, 301, 329, 330
VTD: 0007 GRIFFIN SEVEN VTD: 0008 AFRICA VTD: 0009 AKIN VTD: 0010 CABIN VTD: 0011 EAST GRIFFIN VTD: 0012 EXPERIMENT (Part)
Tract: 1604. Block(s): 106, 107, 108, 109, 110A, 111, 112, 113A, 201A
Tract: 1605. Block(s): 121, 122, 123C, 124, 128, 129B, 130, 140, 141, 142, 143, 144, 145, 146, 147B, 148B, 149, 150B, 151B, 152B, 162C, 163B, 164, 173A, 173B
Tract: 1607. Block(s): 520B, 521B, 522B, 523B
VTD: 0013 LINE CREEK VTD: 0014 MOUNT ZION VTD: 0015 ORRS WEST (Part)
Tract: 1605. Block(s): 160B, 161B, 178, 179
Tract: 1607. Block(s): 524B, 525, 526B, 527B, 532C, 533, 540, 548, 549, 550, 551
Tract: 1612. Block(s): 312A, 318, 321B, 404, 405B, 406B, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 427, 428A, 430, 432, 433, 434, 435, 436, 437, 438, 439, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461
VTD: 0016 UNION
District: 29
HEARD COUNTY MERIWETHER COUNTY TROUP COUNTY PIKE COUNTY HARRIS COUNTY
VTD: 0008 SKINNER SPALDING COUNTY
VTD: 0001 GRIFFIN ONE VTD: 0002 GRIFFIN TWO (Part)

814

JOURNAL OF THE SENATE

Tract: 1603. Block(s): 208A, 213A, 214, 216A, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234
Tract: 1608. Block(s): 108A, 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
Tract: 1609. Block(s): 108B, 109, 110, 111, 112B, 113B, 114B, 115B, 116B, 118B, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 431, 432, 438, 439, 440, 441
VTD: 0005 GRIFFIN FIVE (Part) Tract: 1604. Block(s): HOB, 113B, 120B, 121, 122, 201B, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248B, 249, 250, 251B, 252, 253, 254 Tract: 1605. Block(s): 123A, 123B, 126, 127A, 129A, 147A, 148A, 162A, 163A, 165, 166, 167 Tract: 1607. Block(s): 520A, 529, 530A, 531 Tract: 1608. Block(s): 401, 402, 403, 407, 408, 421B
VTD: 0006 GRIFFIN SIX (Part) Tract: 1607. Block(s): 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516A, 517A, 518, 519, 560, 561, 562 Tract: 1608. Block(s): 245, 246, 247, 248, 249, 306, 307, 308, 309, 310, 311, 430, 445, 446, 447, 448, 449, 450, 451, 452, 453 Tract: 1612. Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 226, 227, 228, 229, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 313, 314, 315, 316, 317, 319, 320, 321A, 322, 323, 324, 325, 326, 327, 328, 405A, 406A
VTD: 0012 EXPERIMENT (Part) Tract: 1603. Block(s): 201, 202, 203, 204, 205, 206, 207, 208B, 209, 210, 211, 212, 213B, 215, 216B Tract: 1604. Block(s): 119, 120A, 123A, 124, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160A, 161, 162A, 163A, 164A, 164B, 169, 170
VTD: 0015 ORRS WEST (Part) Tract: 1607. Block(s): 516B, 517B, 530B, 532D, 557, 558, 559 Tract: 1612. Block(s): 119B, 120, 121, 122, 123B, 312B, 401, 402, 403, 422, 423, 424, 425, 426, 428B, 429, 431, 440, 441, 442, 443, 444, 445, 446, 447"
"District: 33
COBB COUNTY VTD: 0002 AUSTELL VTD: 0015 CLARKDALE VTD: 0017 DOBBINS 1 (Part) Tract: 0311.08 Block(s): 102A

FRIDAY, FEBRUARY 18, 1994

815

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, 41 ID
VTD: 0022 ELIZABETH 1 (Part) Tract: 0305.01 Block(s): 901B, 902B, 902C, 903B, 904, 905C, 905D, 908B, 909 Tract: 0305.02 Block(s): 601C Tract: 0305.03 Block(s): 108B Tract: 0306. Block(s): 101B, 102B, 103B, 104B, 105, 106B, 106C, 107, 109B, 114, 115B, 115C, 118B, 118C, 119B, 119C, 120B, 121, 122B, 124B, 125B, 127B, 132B, 132C, 201B, 202, 203, 217, 308B, 325B, 405C, 419B, 420B, 421B, 422B, 423B, 424F, 424G, 424H, 424J, 424K, 424L, 424M, 425B, 425C, 501D, 501E, 601, 602, 603, 604, 605, 606C, 606D, 606E, 607B, 607C, 609, 701, 702, 703B, 704B, 705B, 706C, 707, 708B, 708C, 708D, 708E, 708F, 709, 710, 711B, 711C, 711D, 712, 713B
VTD: 0023 ELIZABETH 2 (Part) Tract: 0305.01 Block(s): 602F, 602G, 602H, 602J, 602L, 603, 604D, 604E, 604F, 605C, 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

816

JOURNAL OF THE SENATE

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: 0047 HOWELLS 2 (Part) Tract: 0313.04 Block(s): 451, 454, 455 Tract: 0313.05 Block(s): 201, 202, 203, 204, 205, 211, 213, 214, 215, 216, 218, 220, 221, 222, 223, 224, 225, 226, 229, 307
VTD: 0048 HOWELLS 3 VTD: 0052 MABLETON 1 VTD: 0053 MABLETON 2 VTD: 0054 MABLETON 3 VTD: 0056 MACLAND (Part)
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

FRIDAY, FEBRUARY 18, 1994

817

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 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: 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): 311B, 312A, 315A, 317, 701A, 702A, 703A
Tract: 0315.02 Block(s): 216A, 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, 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, 703A, 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: 0310.04 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

818

JOURNAL OF THE SENATE

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, HOD, 110E, 110F, HOG, 111, 112, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211B, 212B, 213B, 213C, 213D, 214A, 214B, 215A, 215B, 216A, 216B, 217B, 218B
Tract: 0315.02 Block(s): 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): 109A, 110A, HOB, HOC, 211A, 212A, 213A, 217A, 217C, 218A, 301, 302, 303A, 303B, 309A, 310A, 310B, 311A Tract: 0315.02 Block(s): 301A, 302A, 302C, 303A, 304, 305, 504, 701A, 701B, 702A, 702B, 703B
VTD: 0090 RED ROCK

FRIDAY, FEBRUARY 18, 1994

819

VTD: OOB6 KEMP VXD: OOB8 CHEATHAM HILL 2 VTD: OOB9 MARIETTA 2B (Part)
Tract: 0309.13 Block(s): 101A, 101B, 101C, 201A, 202A, 203, 204, 301, 302A, 303, 304, 401 \, 402, 501A
Tract: 0310.02. Block(s): 210A, 210B, 213A, 223, 224B, 225A
VTD: OOC1 OREGON 5
District: 38
COBB COUNTY VTD: 0046 HOWELLS 1 (Part) Tract: 0313.02. Block(s): 110, 112, 113, 114, 115, 116, 118, 201, 901, 902, 903, 904, 916, 917, 923, 925, 926, 927, 928, 929, 930 Tract: 0313.05. Block(s): 209, 210, 219, 227, 228, 901, 902, 917, 918, 922, 923 VTD: 0047 HOWELLS 2 (Part) Tract: 0313.05 Block(s): 206, 207, 208, 212, 217, 301, 302, 303, 304, 305, 306, 401, 402, 403, 404, 405, 406, 501, 502, 503, 504, 505, 506, 507, 508, 916, 919, 920, 921 VTD: 0070 MT. HARMONY
FULTON COUNTY VTD: 0039 3A VTD: 0041 3C VTD: 0042 3D VTD: 0046 3H VTD: 0048 3K VTD: 0058 4D VTD: 0067 4N (Part) Tract: 0040. Block(s): 201, 203, 204, 205, 206, 207, 209, 210, 211, 212, 215 Tract: 0041. Block(s): 310B VTD: OOA8 8A VTD: OOB3 8E VTD: OOB4 8F VTD: OOB7 8J VTD: OOB8 8K VTD: OOB9 8L VTD: OOC9 9A VTD: OOD1 9B VTD: OOD2 9C VTD: OOD3 9D VTD: OOD4 9E VTD: OOD5 9F VTD: OOD7 9H VTD: OOE1 9L VTD: OOE3 9N VTD: OOE4 9P VTD: OOE6 9S VTD: OOE7 10A VTD: OOE8 10B VTD: OOE9 10C VTD: OOF1 10D VTD: OOF2 10E

820

JOURNAL OF THE SENATE

VTD: OOF3 10F VTD: OOF4 10G VTD: OOF5 10H VTD: OOF6 10J VTD: OOF7 10K VTD: OOFS 10L VTD: OOG1 ION VTD: OOG2 11A VTD: OOG9 11H VTD: OOH4 11M VTD: OOH5 UN VTD: OOT7 SC14 VTD: OOT9 SC16 VTD: 00X7 9T"
"District: 41
DEKALB COUNTY VTD: 0002 ASHFORD DUNWOODY VTD: 0005 AUSTIN VTD: 0023 CHESTNUT VTD: 0037 DUNWOODY VTD: 0057 HUNTLEY HILLS VTD: 0064 KINGSLEY VTD: 0089 MT VERNON VTD: 0090 NANCY CREEK VTD: 0099 PEACHTREE VTD: OOAW SHALLOWFORD VTD: OOAY SILVER LAKE VTD: OOBQ VANDERLYN VTD: OOBR VERMACK
GWINNETT COUNTY VTD: 0034 406A VTD: 0035 406B VTD: 0037 406D VTD: 0038 406E VTD: 0039 406F VTD: 0042 4061 VTD: 0043 406J VTD: 0050 405H (Part) Tract: 0504.03 Block(s): 201, 203, 204, 205, 206, 207, 208, 209, 210, 211 VTD: 0057 406K VTD: 0060 406N VTD: 0061 4060 VTD: 0070 406P VTD: 0071 406Q (Part) Tract: 0503.14 Block(s): 101, 102, 103, 201, 202, 203, 301, 302, 303, 304, 305, 401, 402, 501, 502 VTD: 0075 406R
"District 42
DEKALB COUNTY VTD: 0003 ASHFORD PARK VTD: 0008 BRIAR VISTA VTD: 0009 BRIARCLIFF NORTH VTD: 0010 BRIARCLIFF SOUTH VTD: 0012 BRIARWOOD

FRIDAY, FEBRUARY 18, 1994

821

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: 0054 HERITAGE (Part)
Tract: 0216.01 Block(s): 101, 102
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: OOAE PONCE DE LEON (Part)
Tract: 0225. Block(s): 309, 316, 317, 318, 319, 320, 505, 601, 602, 604, 605, 606, 608, 509, 610, 611, 612A, 614, 701, 702
VTD: OOAK REHOBOTH (Part) Tract: 0217.04 Block(s): 207B, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 903, 904, 905, 906, 907, 908, 909, 910, 911, 916, 917, 918
VTD: OOAR SAGAMORE VTD: OOAU SCOTT VTD: OOBA SKYLAND VTD: OOBW WESLEY WOODS VTD: OOBX WESTCHESTER
District: 43
DEKALB COUNTY VTD: 0004 ATHERTON VTD: 0007 BOB MATHIS VTD: 0015 CANBY VTD: 0017 CARRIAGE CLUSTER AND WOODRIDGE VTD: 0018 CASA LINDA VTD: 0022 CHAPEL HILL VTD: 0029 COUNTY LINE VTD: 0031 CROSSROADS

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VTD: 0044 FAIRINGTON VTD: 0070 LITHONIA VTD: 0077 MCWILLIAMS VTD: 0085 MILLER ROAD VTD: 0096 PANOLA VTD: 0097 PANOLA WAY VTD: OOAB PHILLIPS VTD: OOAF RAINBOW VTD: OOAG RAINBOW PARK VTD: OOAJ REDAN SOUTH (Part)
Tract: 0233.06 Block(s): 403, 404, 405, 406, 507, 508, 509A
Tract: 0233.07 Block(s): 101, 102, 103, 201, 202, 203, 204, 205, 206, 207, 212, 213, 214, 215, 501, 502, 503, 504, 505, 506
Tract: 0233.08 Block(s): 501, 502, 503, 504, 505, 515
VTD: GOAL ROCKBRIDGE VTD: OOAQ ROWLAND ROAD VTD: OOAT SALEM VTD: OOBC SNAPFINGER VTD: OOBE SPRING HILL VTD: OOBH STONEVIEW VTD: OOBV WESLEY CHAPEL"
"District: 55
DEKALB COUNTY VTD: 0001 ALLGOOD VTD: 0016 CANDLER VTD: 0026 CLARKSTON VTD: 0036 DUNAIRE VTD: 0038 EAST LAKE VTD: 0046 FLAT SHOALS VTD: 0059 INDIAN CREEK VTD: 0060 INGLESIDE VTD: 0062 JOLLY VTD: 0063 KELLY LAKE VTD: 0066 KNOLLWOOD VTD: 0072 MAINSTREET NORTH VTD: 0073 MAINSTREET SOUTH VTD: 0080 MEMORIAL NORTH VTD: 0081 MEMORIAL SOUTH VTD: 0083 MIDWAX VTD: 0084 MIDWAY PARK VTD: 0098 PEACHCREST VTD: OOAC PINE LAKE VTD: OOAH REDAN NORTH VTD: OOAJ REDAN SOUTH (Part) Tract: 0233.06 Block(s): 402 VTD: 00AM ROCK CHAPEL VTD: OOAN ROWLAND VTD: OOAP ROWLAND HILLS VTD: OOAV SCOTTDALE VTD: OOBK TILSON VTD: OOBL TONEY VTD: OOBN TOWERS

FRIDAY, FEBRUARY 18, 1994

823

VTD: OOBT WADSWORTH"

Section 2. This Act shall become effective upon its approval or upon its becoming law without such approval and shall apply to all elections for members of the Senate held on and after its effective date.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 39, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Baugh Blitch Boshears Bwen Broun of 46th Brown of 26th "rton CC1heeks Crotts j}ay D ean Edge Egan
Farrow Gillis

Gochenour Guhl Harbison Hemmer Henson Hm Hooks ,,Huggm. s Kemp Langford of 29th Madden Marable McGuire
Middleton Newbill

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

Those not voting were Senators:

Abernathy Alien Balfour Coleman

Glanton Isakson Langford of 35th

Scott Taylor Walker

On the passage of the bill, the yeas were 46, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
SB 530. By Senators Marable of the 52nd, Dean of the 31st, Henson of the 55th and others: A bill to amend Code Section 25-2-40 of the Official Code of Georgia Annotated, relating to smoke detectors in new dwellings, so as to provide that all dwellings, dwelling units, houses, condominiums, townhouses, motels, hotels, and dormito ries shall have installed smoke detectors in good working order.
The Senate Youth, Aging and Human Ecology Committee offered the following substi tute to SB 530:
A BILL
To be entitled an Act to amend Code Section 25-2-40 of the Official Code of Georgia Annotated, relating to smoke detectors in new dwellings, so as to provide that all dwellings,

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dwelling units, houses, condominiums, townhouses, motels, hotels, and dormitories shall have installed smoke detectors in good working order; 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 25-2-40 of the Official Code of Georgia Annotated, relating to smoke detectors in new dwellings, is amended by striking said Code section in its entirety and inserting in lieu thereof the following:
"25-2-40. (a) (1) Except as otherwise provided in subsection (f) of this Code section, on and after July 1, 1957, every new dwelling and every new dwelling unit within an apartment, house, condominium, and townhouse and every motel, hotel, and dormitory shall be pro vided with an approved listed smoke detector installed in accordance with the manufac turer's recommendations and listing.
(2) On and after July 1, 1994, every dwelling and every dwelling unit within an apart ment, house, condominium, and townhouse and every motel, hotel, and dormitory which was constructed prior to July 1, 1987, shall have installed an approved battery-operated smoke detector which shall be maintained in good working order unless any such building is other wise required to have a smoke detector system pursuant to Code Section 25-2-13
(b) In dwellings, dwelling units, and other facilities listed in subsection (a) of this Code section, a smoke detector shall be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to each group of rooms used for sleeping purposes. Where the dwelling or dwelling unit contains more than one story, detectors are required on each story including cellars and basements, but not including uninhabitable attics; provided, however, that hotels and motels which are protected throughout by an approved supervised automatic sprinkler system installed in accordance with the rules and regulations of the commissioner shall be exempt from the requirement to install smoke detectors in interior corridors but shall be subject to all other applicable requirements imposed under Code Sec tion 25-2-13.
(c) In dwellings, dwelling units, and other facilities listed in paragraph (1) of subsection (a) of this Code section with split levels, a smoke detector need be installed only on the upper level, provided the lower level is less than one full story below the upper level, except that if there is a door between levels then a detector is required on each level. Such detec tors shall be connected to a sounding device or other detector to provide an alarm which will be audible in the sleeping areas.
(d) Detectors shall be listed and meet the installation requirements of NFPA 74 and NFPA 72. In addition, a one and one-half hour emergency power supply source is required on all detection systems required by this chapter and permitted after April 1, 1992, except where battery-operated smoke detectors are allowed.
(e) Any complete automatic fire alarm system using automatic smoke detectors shall be installed in accordance with NFiPA 72E NFPA 72.
(f) The provisions of this Code 8cetion ahall not apply in counties and municipalities which-have not adopted building codes. The provisions of this Code section may be enforced by local building and fire code officials in the case of residential buildings which are not covered by Code Section 25-2-13; provided, however, that this Code section shall not estab lish a special duty on said officials to inspect such residential facilities for compliance with this Code section; provided, further, that inspections shall not be conducted for the purpose of determining compliance with this Code section absent reasonable cause to suspect other building or fire code violations. The jurisdiction enforcing this Code section shall retain any fines collected pursuant to this subsection. Any occupant who fails to maintain a smoke detector in a dwelling, dwelling unit, or other facility listed in subsection (a) of this Code section in good working order as required in this Code section shall be subject to a maxi mum fine of $25.00, provided that a warning shall be issued for a first violation.
(g) Failure to maintain a smoke detector in good working order in a dwelling, dwelling

FRIDAY, FEBRUARY 18, 1994

825

unit, or other facility listed in subsection (a) of this Code section in violation of this Code section shall not be considered evidence of negligence, shall not be considered by the court on any question of liability of any person, corporation, or insurer, shall not be any basis for cancellation of coverage or increase in insurance rates, and shall not diminish any recovery for damages arising out of the ownership, maintenance, or occupancy of such dwelling, dwelling unit, or other facility listed in subsection (a) of this Code section/"
Section 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 40, nays 1, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

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

Those voting in the negative were Senators:

Broun of 46th Day Edge Egan

Glanton Gochenour Guhl Langford of 29th

McGuire Newbill Tysinger

Those not voting were Senators:

Abernathy

Langford of 35th

Scott

On the passage of the bill, the yeas were 42, nays 11. The bill, having received the requisite constitutional majority, was passed by substitute. Senator Robinson of the 16th, President Pro Tempore, assumed the Chair.
SB 647. By Senators Hill of the 4th, Ragan of the llth, Taylor of the 12th and Gillis of the 20th: A bill to amend Part 5 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational program weights and funding, so as to provide for migrant student grants for schools; to provide for a definition.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

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Those voting in the affirmative were Senators:

Alien Balfour Baugh Boshears Bowen Broun of 46th Burton Cheeks Clay Coleman Crotts Day Dean Edge Egan Farrow

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

Those not voting were Senators:

Abernathy Blitch Brown of 26th

Henson Langford of 35th Perdue

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

On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 644. By Senator Hill of the 4th:
A bill to amend Code Section 20-2-989.1 of the Official Code of Georgia Anno tated, relating to classifications for certificated personnel established by the State Board of Education remaining in effect, so as to change the provisions providing exceptions to the transfer of functions to the Professional Standards Commission.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

Madden Marable McGuire Middleton Newbill Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston
Ray Scott Slotin

FRIDAY, FEBRUARY 18, 1994

827

Starr Taylor Thomas

Thompson Turner

Those not voting were Senators:

Abernathy Brown of 26th

Langford of 35th

Tysinger Walker
Robinson (presiding)

On the passage of the bill, the yeas were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 602. By Senators Turner of the 8th and Balfour of the 9th:
A bill to amend Code Section 50-17-59 of the Official Code of Georgia Annotated, relating to deposits of securities in lieu of bonds of state depositories, so as to provide that securities guaranteed by the Federal Home Loan Mortgage Corpora tion, the Federal National Mortgage Association, and certain other entities may be pledged as collateral to secure public deposits.
The Senate Banking and Financial Institutions Committee offered the following substi tute to SB 602:
A BILL
To be entitled an Act to amend Chapter 8 of Title 45 of the Official Code of Georgia Annotated, relating to accounting for public funds, and Article 3 of Chapter 17 of Title 50 of the Official Code of Georgia Annotated, relating to state depositories, so as to provide for the valuation of securities pledged by a depository to secure public funds; to provide that securities guaranteed by the Federal Home Loan Mortgage Corporation, the Federal Na tional Mortgage Association, and certain other entities may be pledged as collateral to se cure public deposits; to provide for editorial revision; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 8 of Title 45 of the Official Code of Georgia Annotated, relating to accounting for public funds, is amended by striking Code Section 45-8-12, relating to depos its of public funds in banks or depositories and bonds or securities pledged in lieu of bonds, and inserting in lieu thereof a new Code Section 45-8-12 to read as follow:
"45-8-12. (a) The collecting officer or officer holding public funds may not have on de posit at any one time in any depository for a time longer than ten days a sum of money belonging to the public body when such depository has not given a bond to the public body as set forth in this Code section. The bond to be given by depositories, where such bonds are required, shall be a surety bond signed by a surety company duly qualified and authorized to transact business within this state in a sum as so required. In lieu of such a surety bond, the depository may pledge to the public body as security any one or more of the obligations enumerated in Code Section 50-17-59, relating to the bond required to secure state deposits and securities in lieu of bond.
(b) The collecting officer or officer holding public funds shall accept the guarantee or insurance of accounts of the Federal Deposit Insurance Corporation and the guarantee or insurance of accounts of the Federal Savings and Loan Insurance Corporation to secure public funds on deposit in depositories to the extent authorized by federal law governing the Federal Deposit Insurance Corporation and the Federal Savings and Loan Insurance Corporation.
(c) A depository may secure deposits made with it partly by surety bond, partly by deposit of any one or more of the obligations referred to in subsection (a) of this Code

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section, partly by the guarantee or insurance referred to in subsection (b) of this Code sec tion, or by any combination of these methods. The aggregate of the face value of such surety bond and the face or par market value of securities pledged shall be equal to not less than 110 percent of the public funds being secured after the deduction of the amount of deposit insurance.
(d) Notwithstanding any other provisions of this Code section, a depository may deduct the face amount of direct loans from deposits of a public body before being required to secure such deposits by a surety bond, deposit insurance, securities, or any combination thereof.
(e) This Code section shall not apply to collecting officers and officers holding public funds pursuant to Article 3 of Chapter 17 of Title 50, relating to state depositories."
Section 2. Article 3 of Chapter 17 of Title 50 of the Official Code of Georgia Annotated, relating to state depositories, is amended by striking Code Section 50-17-59, relating to de posits of securities in lieu of bonds to secure state funds on deposit, and inserting in lieu thereof a new Code Section 50-17-59 to read as follows:
"50-17-59. (a) The director cannot have on deposit at any one time in any of the deposi tories for a time longer than ten days a sum of money belonging to the state under a con tract with the depository providing for the payment of interest by a depository which has not given a bond to the state in the amount as determined by the board. The bond to be given by the state depositories, when such bonds are required and whether the depositories are state or national banks, shall be a surety bond in a sum as required signed by a surety company duly qualified and authorized to transact business within this state. In lieu of such a surety bond the state depository may deposit with the director to secure state funds on deposit in state depositories:
(1) Bonds, bills, certificates of indebtedness, notes, or other direct obligations of the United States or of this state;
(2) Bonds, bills, certificates of indebtedness, notes, or other obligations of the counties or municipalities of this state;
(3) Bonds of any public authority created by the laws of this state, if the statute creat ing such authority provides that the bonds of the authority may be used for this purpose and the bonds have been duly validated as provided by law, and as to which there has been no default in payment, either of principal or interest;
(4) Industrial revenue bonds or bonds of development authorities created by the laws of this state, which bonds have been duly validated as provided by law and as to which there has been no default in payment, either of principal or interest; or
(5) Bonds, bills, certificates of indebtedness, notes, or other obligations of a subsidiary corporation of the United States government, which are fully guaranteed by the United States government both as to principal and interest, an4 or debt obligations issued by or securities guaranteed by the Federal Land Bank, the FederaTHome Loan Bank, the Federal Intermediate Credit Bank, the Central Bank for Cooperatives, the Farm Credit Banks, the Federal Home Loan Mortgage Corporation, and or the Federal National Mortgage Associa tion to secure state funds on deposit in state depositories.
(b) The director shall also accept the guarantee or insurance of accounts of the Federal Deposit Insurance Corporation to secure state funds on deposit in state depositories, to the extent authorized by federal law governing the Federal Deposit Insurance Corporation.
{b} (c) A state depository may secure deposits made with it in part by surety bond and in part Ey" deposit of any or all of the bonds mentioned in subsection (a) of this Code sec tion, whether these bonds are owned by the depository or by another bank, or by either method. The board may determine, however, that such security will be required only in the case of time deposits under a contract providing for the payment of interest.

FRIDAY, FEBRUARY 18, 1994

829

(e) (d) The director is authorized to contract with any bank, other than the state depos itory offering the security, for the purpose of safekeeping the securities deposited with the director under this provision."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 41, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd
Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy

Langford of 35th

Robinson (presiding)

On the passage of the bill, the yeas were 53, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
SB 563. By Senators Isakson of the 21st and Marable of the 52nd: A bill to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to provide for civil penalties for certain notifications regarding surveys of nursing homes or intermediate care homes.
The Youth, Aging and Human Ecology Committee offered the following substitute to SB 563:
A BILL
To be entitled an Act to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to pro vide for civil penalties for certain notifications regarding surveys or inspections of such insti tutions; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, is amended by adding immedi ately following Code Section 31-7-3.2 a new Code section to read as follows:
"31-7-3.3. Any person who notifies or causes to be notified any institution required to be licensed, registered, or permitted under this article of the time or date upon which the facility is to be subject to a survey required of such facilities by federal law or regulation or any inspection by the department which is to be unannounced shall be subject to a civil penalty not to exceed $2,000.00."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 42, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Balfour Baugh Blitch Boshears
BBrowuenn of 46th

Glanton Gochenour Guhl Harbison Hemmer
Hmeunson

Oliver Parrish Perdue Pollard Ragan of llth
RRaaglsatnonof 32nd

Clay Coleman Crotts jj ay Dean Edge Egan Farrow Gillis

Huggms Isakson KemP Langford of 29th Madden Marable McGuire Middleton Newbill

Those not voting were Senators:

Abernathy Brown of 26th

Langford of 35th

Scott flotin Starr Taylor Thomas Thompson Turner Tysinger Walker
Robinson (presiding)

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 was taken up to consider House action thereto:
SB 415. By Senators Coleman of the 1st, Taylor of the 12th, Brown of the 26th and others: A bill to amend Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Industry, Trade, and Tourism, so as to provide that the department may undertake the acquisition, construction, and operation of a convention and trade center in Chatham County, Georgia, and may contract

FRIDAY, FEBRUARY 18, 1994

831

with the City of Savannah, Chatham County, and local authorities for the con struction and operation of the convention and trade center.
The House substitute was as follows:
A BILL
To be entitled an Act to amend Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Industry, Trade, and Tourism, so as to provide that the department may undertake the acquisition, construction, and operation of a con vention and trade center in Chatham County, Georgia, and may contract with the City of Savannah, Chatham County, and local authorities for the construction and operation of the convention and trade center; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Industry, Trade, and Tourism, is amended by adding at the end thereof a new Article 4 to read as follows:
"ARTICLE 4
50-7-50. For purposes of this Code section, the following definitions shall apply:
(1) 'Department' means the Department of Industry, Trade, and Tourism.
(2) 'Local government' means, individually or in combination, the City of Savannah, Chatham County, or any development authority of either or both.
(3) 'Project' means a comprehensive convention and trade center, suitable for multipur pose use for housing trade shows; conventions; cultural, political, musical, educational, en tertainment, athletic, or other events; for displaying exhibits of Georgia's counties, munici palities, industries, and attractions; and for promoting the maritime, transportation, coastal, agricultural, historical, natural, and recreational resources of the State of Georgia, including all facilities necessary or convenient to such purpose, regardless of whether such facilities are contiguous, including, by way of illustration and not limitation, the following facilities: exhibit halls; auditoriums; theaters; restaurants and other facilities for the purveying of foods, beverages, publications, souvenirs, novelties, and goods and services of all kinds, whether operated or purveyed directly or indirectly through concessionaires, licensees or lessees, or otherwise; parking facilities and parking areas in connection therewith; meeting room facilities, including meeting rooms providing for simultaneous translation capabilities for several languages; related lands, buildings, structures, fixtures, equipment, and person alty appurtenant or convenient to the foregoing; and extension, addition, and improvement of such facilities.
50-7-51. (a) (1) The department is authorized to acquire, construct, operate, maintain, expand, and improve a project for the purpose of promoting trade, commerce, industry, and employment opportunities within this state for the public good and general welfare and, without limitation of the foregoing, with the approval of the State Properties Commission, to acquire land for such purposes.
(2) The department may pay the costs of such project from any lawful fund source available for the purpose, including without limitation, where applicable, funds received by appropriation, proceeds of general obligation debt, funds of local government, grants of the United States or any agency or instrumentality thereof, gifts, and otherwise.
(3) The project shall be located in Chatham County, Georgia, and shall be known as the 'Georgia International and Maritime Trade Center,' except that any facility included within the project may be otherwise designated.
(b) A local government and the department are both authorized to contract with one another whereby local government may exercise on behalf of the department such future

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responsibility in connection with the construction, operation, management, and mainte nance of the project as is now or may be vested in the department; and the department is authorized by such contract to delegate to the local government corresponding responsibili ties and powers with respect to the project and to transfer to the local government any and all contracts, plans, documents, or other papers of said department relating to the project, as compensation to the local government under such contract. To the extent provided by such contract with the department, local government on behalf of the department shall ac quire, plan, construct, erect, repair, remodel, maintain, add to, extend, improve, equip, oper ate, and manage the project.
(c) Without limiting the generality of any provision of this article, the general purpose of the local government is declared to be that of acquiring, constructing, equipping, main taining, and operating the project, in whole or in part, directly or under contract with the department and engaging in such other activities as it deems appropriate to promote trade shows, conventions, and political, musical, educational, entertainment, recreational, athletic, or other events and related tourism within the state so as to promote the use of the project and the use of the industrial, maritime, agricultural, educational, historical, cultural, recrea tional, commercial, and natural resources of the State of Georgia by those using the project or visiting the state.
(d) The department shall have the authority with the approval of the State Properties Commission to lease any improved or unimproved land or other property acquired by it under Code Section 50-7-51 to local government for a term not to exceed 50 years but upon such other terms and conditions as the department may determine necessary or convenient. Any such lease may be for and in consideration of $1.00 annually for each calendar year or portion thereof paid in kind to and receipted for by the Office of Treasury and Fiscal Ser vices and in further consideration that such property be held, constructed, operated, main tained, expanded, or improved for the purposes for which the department was authorized to acquire such property. It is determined that such consideration is good and valuable and sufficient consideration for such lease and in the interest of the public welfare of the State of Georgia and its citizens."
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 agree to the House substitute to SB 415.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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 Guhl Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Madden

Marable McGuire Middleton Newbill Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Scott Slotin Starr Taylor

FRIDAY, FEBRUARY 18, 1994

833

Thomas Thompson

Turner Tysinger

Those not voting were Senators:

Abernathy

Langford of 35th

Walker Robinson (presiding)

On the motion, the yeas were 53, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 415.
The President resumed the Chair.
The Calendar was resumed.

SB 537. By Senators Balfour of the 9th and Turner of the 8th:
A bill to amend Chapter 8 of Title 45 of the Official Code of Georgia Annotated, relating to accounting for public funds, so as to change the provisions relating to the designation of depositories for the funds of counties and boards of education.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th BC,,,huerteok, ns CCloalyeman
Crotts Day Dean Edge Egan Farrow Gillis

Glanton Gochenour Guhl Harbison Hemmer Henson Hill HHTTouogkgsm s IKsaekmspon
Langford of 29th Madden Marable McGuire Middleton Newbill Oliver

Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston R D,,Ko,bm. son *flootum
btarr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy

Balfour

Langford of 35th

On the passage of the bill, the yeas were 53, nays 0. The bill, having received the requisite constitutional majority, was passed.
SB 432. By Senators Gillis of the 20th, Hemmer of the 49th and Hill of the 4th: A bill to amend Part 2 of Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Hazardous Site Response Act," so as to redefine a certain term; to provide hazardous waste management fees for hazardous waste

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burned for energy recovery; to provide maximum payments for hazardous waste water which is treated on site.
The Senate Natural Resources Committee offered the following substitute to SB 432:
A BILL
To be entitled an Act to amend Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to hazardous waste, so as to provide that the director of the Environmental Protection Division of the Department of Natural Resources shall not per mit the owner or operator of a cement kiln to burn hazardous waste as fuel except under certain conditions; to redefine a certain term; to provide for hazardous substance reporting fees to provide hazardous waste management fees for hazardous waste burned for energy recovery; to provide maximum payments for hazardous waste water which is treated on site; to provide for the collection by the director of the Environmental Protection Division of the Department of Natural Resources of penalties for the delinquent payment of hazardous waste management fees; to provide for the collection by the director of costs, including ad ministrative costs, and legal expenses incurred by the state in connection with the collection of delinquent hazardous waste management fees; 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 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to hazardous waste, is amended by inserting at the end of Code Section 12-8-66, relating to permits for the construction, installation, or alteration of hazardous waste facili ties, a new subsection (o) to read as follows:
"(o) The director shall not issue a permit allowing any owner or operator of a cement kiln to burn hazardous waste as fuel until the U.S. Environmental Protection Agency has completed developing its strategy for hazardous waste reduction and combustion which may affect the burning of hazardous wastes in cement kilns."
Section 2. Said article is further amended by striking in its entirety paragraph (13) of Code Section 12-8-92, relating to definitions, and inserting in lieu thereof the following:
"(13) 'Small quantity generator' means a hazardous waste generator who generates greater than 220 pounds but less than 2,220 2,200 pounds of hazardous waste in one month, as provided by rules promulgated by the board in accordance with this article."
Section 3. Said article is further amended by striking in its entirety paragraph (3) of subsection (a) of Code Section 12-8-94, relating to the powers and duties of the director of the Environmental Protection Division of the Department of Natural Resources, and in serting in lieu thereof the following:
"(3) To collect fees for hazardous waste management activities and hazardous substance reporting;"
Section 4. Said article is further amended by striking in its entirety Code Section 12-895.1, relating to hazardous waste management fees, and inserting in lieu thereof the following:
"12-8-95.1. (a) The division is authorized and directed to charge and collect the fees for hazardous waste management activities and hazardous substance reporting fees as provided in this subsection. As used in this Code section, the term 'hazardous waste' shall not include any material excluded by 40 CFR Part 261 of the Code of Federal Regulations. Every large quantity generator and every small quantity generator shall pay the greater of $100.00 per calendar year or the total of the hazardous waste management fees, and every person who is required to report pursuant to Section 312 or 313 of Title III ofthe federal Superfund Amendments and Reauthorization Act of 1986 shall pay the annual hazardous substance reporting fees, imposed as follows:
(1) Every large quantity generator of hazardous waste shall pay an annual fee of $20.00

FRIDAY, FEBRUARY 18, 1994

835

per ton for hazardous waste shipped off site for disposal or incineration, $16.00 per ton for hazardous waste shipped off site for treatment or storage, and $2.00 per ton for hazardous waste shipped off site for recycling or reuse, and, beginning January 1, 1995, $9.00 per ton for hazardous waste shipped off site for treatment by being burned for energy recovery in accordance with rules and regulations promulgated pursuant to Part 1 of this article; provided, however, that no large quantity generator shall be liable for off-site hazardous waste management fees exceeding $75,000.00 in any calendar year. In no event shall any person be liable for an off-site hazardous waste management fee on any hazardous waste for which an off-site hazardous waste management fee has previously been paid;
(2) Every large quantity generator of hazardous waste shall pay an annual fee of $10.00 per ton for hazardous waste disposed of or incinerated on site, $4.00 per ton for hazardous waste treated or stored on site, and $1.00 per ton for hazardous waste reused or recycled on site, and, beginning January 1, 1995, $2.50 per ton for hazardous waste treated on site by being""burned for energy recovery in accordance with rules and regulations promulgated pur suant to Part 1 of this article; provided, however, that no large quantity generator shall be liable for on-site hazardous waste management fees for disposal or incineration, treatment or storage, er recycling or reuse, or treatment by burning for energy recovery in any calendar year exceeding the following amounts and according to the following schedule:
(A) Twenty-five thousand dollars for such payments due on July 1, 1993, and on July 1, 1994;
(B) Fifty thousand dollars for such payments, excluding payments for the on-site treat ment of waste water which is a hazardous waste, due on July 1, 1995, and on July 1, 1996; ft rid
(C) Seventy-five thousand dollars for such payments, excluding payments for the onsite treatment of waste water which is a hazardous waste, due on and after July 1, 1997;
(D) One thousand five hundred dollars for waste water which is a hazardous waste which is treated on site for payments due on July 1, 1995;
(E) Three thousand dollars for waste water which is a hazardous waste treated on site for payments due on July 1, 1996; and
(F) Seven thousand five hundred dollars for waste water which is a hazardous waste treated on site for payments due on and after July 1, 1997.
provided, further, that a lafgc quantity generator which pays fcca for the on site treatment of waste water which ia hazardous waste ahull not also be required to pay fees under para graph (1) of thia subsection for any sludge removed during auch treatment of waote water. For the purposes of this paragraph, a generator who generates waste water which is a haz ardous waste shall not be required to count such hazardous waste in determining its status as a large quantity generator, a small quantity generator, or a conditionally exempt small quantity generator. For the purposes of this paragraph, dilution of waste water that is a hazardous waste shall be considered treatment subject to the fees established by this para graph. A large quantity generator which pays fees for the off-site management of hazardous waste under paragraph (1) of this subsection for a hazardous waste which was previously managed on site on site shall not pay the applicable on-site management fee for that haz ardous waste;
(3) Every person who receives hazardous waste generated outside this state shall pay an annual fee of $20.00 per ton for hazardous waste disposed of or incinerated, $16.00 per ton for hazardous waste treated or stored, and $2.00 per ton for hazardous waste that is recycled or reused, and, beginning January 1, 1995, $9.00 per ton for hazardous waste treated by being burned for energy recovery in accordance with rules and regulations promulgated pur suant to Part 1 of this article; provided, however, that no person shall be liable for importa tion fees exceeding $75,000.00 per out-of-state generator in any calendar year. In no case shall any person who receives hazardous waste from any person outside this state and who pays an importation fee on such waste pursuant to this paragraph be liable for the off-site hazardous waste management fees required by paragraph (1) of this subsection. Persons

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who receive hazardous waste generated outside this state are not required to pay the fees required by this paragraph for those wastes generated by conditionally exempt small quan tity generators which are located outside this state. For the purposes of this paragraph, a 'conditionally exempt small quantity generator' means a generator who generates 220 pounds or less of hazardous wastes in one month, as provided by rules promulgated by the board in accordance with this articler;
(4) Beginning July 1, 1994, each person who is required to report pursuant to Section 312 of Title III of the federal Superfund Amendments and Reauthorization Act of 1986 shall pay to the division an annual hazardous substance reporting fee of $500.00; ami
(5) Beginning July 1, 1994, each person who is required to report pursuant to Section 313 of Title III of the federal Superfund Amendments and Reauthorization Act of 1986 shall pay to the division an annual hazardous substance reporting fee as follows:
(A) Five hundred dollars for each facility for which a report is filed for calendar year 1994;
(B) One thousand dollars for each facility for which a report is filed for calendar year 19957'arid'
(C) One thousand five hundred dollars for each facility for which a report is filed for calendar year 1996 and each calendar year thereafter.
(b) All hazardous waste and hazardous substance fees required by subsection (a) of this Code section shall be paid to the division for transfer into the state treasury to the credit of the general fund. The division shall collect such fees until the unencumbered principal bal ance of the hazardous waste trust fund equals or exceeds $25 million, at which time no hazardous waste or hazardous substance fees shall be levied until the balance in that fund is less than or equal to an unencumbered balance of $12.5 million, in which case the levy and collection of hazardous waste fees shall resume at the beginning of the next calendar year following the year in which such unencumbered balance occurs. The director shall provide written notice to all large quantity generators and hazardous waste treatment, storage, and disposal facilities and all persons who are required to report pursuant to Sections 312 and 313 of Title III of the federal Superfund Amendments and Reauthorization Act of 1986 at such time as the director receives notice that the unencumbered principal balance of the fund equals or exceeds $25 million or is equal to or less than $12.5 million.
(c) All hazardous waste fees levied under this Code section shall be based on the amounts of hazardous waste managed or imported within the preceding calendar year. Such fees for the period July 1, 1992, through December 31, 1992, shall be paid to the division not later than July 1, 1993. All subsequent hazardous waste fees shall be paid not later than the first day of July of each year for the preceding calendar year.
(d) All hazardous substance fees levied under this Code section shall be based on the hazardous substances reported for the preceding calendar year. All hazardous substance fees shall be paid not later than the first day of July of each year for the preceding calendar year.
{d} (e) Persons who make payments of fees levied by this Code section later than 30 days afteFthe due date specified in subsection (c) of this Code section shall pay a penalty of 15 percent of the balance due and shall pay interest on the unpaid balance at the rate imposed by law for delinquent taxes due to the state. Delinquent fees may be collected in a civil action instituted in the name of the director. In addition to the 15 percent penalty and the interest that may be collected along with the delinquent fees as provided in this subsec tion, the director shall be entitled to collect all costs, including administrative costs, and legal expenses incurred by the state in connection with its collection efforts.
{e) (f) Hazardous waste which is generated by any of the following means is exempted from the~fees required by this Code section:
(1) Corrective action required by an order, permit, or approved closure plan issued pur suant to Part 1 of this article;

FRIDAY, FEBRUARY 18, 1994

837

(2) Voluntary corrective action required by any person in accordance with applicable laws and regulations; and

(3) Response actions required under the federal Comprehensive Environmental Re sponse, Compensation, and Liability Act of 1980, as amended.

(g) The following persons shall not be required to pay the hazardous substance report ing fees required by this Code section:

(1) Persons who report pursuant to Section 312 or 313 of Title III of the federal SuperTund Amendments and Reauthorization Act of 1986 only for substances not desig nated as regulated substances pursuant to rules and regulations of the board; and

(2) Persons who report pursuant to Section 312 or 313 of Title III of the federal Supelfund Amendments and Reauthorization Act of 1986 only for petroleum fuels, lubri cants, and hydraulic fluids and components thereof that are designated as regulated sub stances pursuant to rules and regulations of the boardT

(f) (h) Unless fee requirements established in this Code section are reimposed by the General~A~ssembly, no such fees shall be levied after July 1, 2003."

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 42, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Alien Balfour Baugh Blitch Bowen Broun of 46th Brown of 26th BC,,,huerteok, ns CCloalyeman
Crotts Day Dean Edge Egan Farrow Gillis

Glanton Gochenour Guhl Harbison Hemmer Henson Hill HTHTouogkgsm s KIseamkspon
Langford of 29th Madden Marable McGuire Middleton Newbill Oliver

Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston R DK,, o!b.m_s,,on lfoottmt
tarr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy

Boshears

Langford of 35th

On the passage of the bill, the yeas were 53, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute.

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JOURNAL OF THE SENATE

HB 1226. By Representatives Skipper of the 137th, Watson of the 139th, Chandler of the 99th and Dixon of the 150th:
A bill to amend Chapter 39A of Title 43 of the Official Code of Georgia Anno tated, relating to real estate appraisers, so as to authorize the Georgia Real Es tate Appraisers Board to issue certain temporary permits; to define a certain term; to provide a penalty for a real estate appraiser providing an oral appraisal report in certain transactions and related matters.
Senate Sponsor: Senator Tysinger of the 41st.
The Senate Science, Technology, and Industry Committee offered the following substi tute to HB 1226:
A BILL
To be entitled an Act to amend Chapter 39A of Title 43 of the Official Code of Georgia Annotated, relating to real estate appraisers, so as to authorize the Georgia Real Estate Appraisers Board to adopt rules relative to the issuance of temporary permits; to define a certain term; to provide a penalty for a real estate appraiser providing an oral appraisal report in certain transactions; 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 39A of Title 43 of the Official Code of Georgia Annotated, relating to real estate appraisers, is amended by striking in its entirety Code Section 43-39A-6, relat ing to the seal of the Georgia Real Estate Appraisers Board and related matters, and in serting in lieu thereof the following:
"43-39A-6. The board shall adopt a seal, which may be either an engraved or ink stamp seal, with the words 'Real Estate Appraiser Board, State of Georgia' and such other device as the board may desire included thereon, by which it shall authenticate the acts of the board. Copies of all records and papers in the office of the board, certified by the signature of the real estate commissioner or the commissioner's designee and the seal of the board, shall be received in evidence in all cases equally and with like effect as the originals. The board shall maintain records so that it may certify the history of appraisers for a period of up to five years preceding the date of certification."
Section 2. Said chapter is further amended by redesignating subsection (e) of Code Sec tion 43-39A-8, relating to the establishment of appraiser classifications complying with fed eral law, as subsection (d) and by striking in its entirety the current subsection (d), which reads as follows:
"(d) In making its determinations with respect to the courses of study required by this Code section, the board shall give weight to courses which teach one or more of the following:
(1) Appropriate knowledge of technical terms commonly used in or related to real estate appraising and appraisal report writing and economic concepts applicable to real estate and real property;
(2) An understanding of the basic principles of land economics and the real estate ap praisal process and the problems likely to be encountered in gathering, interpreting, and processing the data required in the real estate appraisal process;
(3) An understanding of the standards for the development and communication of real estate appraisals as provided in this chapter;
(4) An understanding of the ethical rules that an appraiser is required to observe;

FRIDAY, FEBRUARY 18, 1994

839

(5) Appropriate knowledge of theories of depreciation cost estimating, methods of capi talization, and the mathematics of real estate appraisal;
(6) An understanding of basic real estate law;
(7) An understanding of the types of misconduct for which disciplinary proceedings may be initiated against an appraiser, as set forth in this chapter; and
(8) An understanding of such other matters as may confront appraisers in real estate appraisal activity."
Section 3. Said chapter is further amended by inserting at the end of Code Section 4339A-9, relating to the requirements for out-of-state applicants for a real estate appraiser's license, the following:
"(d) The board is authorized to promulgate rules consistent with guidelines established by the Appraisal Subcommittee for the granting of a temporary practice permit to an ap praiser classified in another state in order to allow such appraiser to perform an appraisal for a single federally related transaction on property located in this state."
Section 4. Said chapter is further amended by striking in its entirety Code Section 4339A-14, relating to grounds for refusing an application for appraiser classification and re lated matters, and inserting in lieu thereof the following:
"43-39A-14. (a) Appraiser classifications shall be granted only to persons who bear a good reputation for honesty, trustworthiness, integrity, and competence to transact real es tate appraisal activity in such manner as to safeguard the interests of the public and only after satisfactory proof of such qualifications has been presented to the board.
(b) (1) As used in this subsection, the term:
(A) 'Conviction' means a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been brought; a sentencing to first offender treat ment without an adjudication of guilt pursuant to a charge of a felony or any crime involv ing moral turpitude; or a plea of nolo contendere to a charge of a felony or any crime involving moral turpitude.
(B) 'Felony' includes any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere.
(2) Where an applicant for an appraiser classification has been convicted in a court of competent jurisdiction of this or any other state, district, or territory of the United States, or of a foreign country of the offense of forgery, embezzlement, obtaining money under false pretenses, theft, extortion, or conspiracy to defraud or other like offense or offenses or has been convicted of a felony or a crime involving moral turpitude, such untruatworthineaa of the applicant and the conviction in itself may be a sufficient ground for refusal of an ap praiser classification. As used in thia chapter, the term 'felony' ohall include any offcnac which, if committed in this state, would be deemed a felony, without regard to ita dcaigna tion elsewhere, and, as used in this chapter, the term 'conviction' shall include a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction haa been sought. Where an applicant for an appraiser classification haa been arrcatcd, charged, and sentenced for the commiaaion of a felony or any crime involving moral turpitude and where such applicant was granted first offender treatment without adjudication of guilt pur suant to the charge, or pleaded nolo contendere to such charge, auch sentencing in itself may be a sufficient ground for rcfuaal of an appraiser classification. An applicant for an appraiser classification who has been convicted of any offense enumerated in this subsection paragraph may be issued an appraiser classification by the board only if:
(i) (A) At least five years have passed since the applicant was convicted, sentenced, or released from any incarceration, whichever is later;
42) (B) No criminal charges are pending against the applicant; and
43) (C) The applicant presents to the board satisfactory proof that the applicant now

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bears a good reputation for honesty, trustworthiness, integrity, and competence to transact real estate appraisal activity in such a manner as to safeguard the interests of the public.
(c) Where an applicant or an appraiser has been found guilty of a violation of the fed eral fair housing law or Article 4 of Chapter 3 of Title 8 by an administrative law judge or a court of competent jurisdiction and after any appeal of such conviction is concluded, such conviction may in itself be a sufficient ground for refusal of an appraiser classification or the imposition of any sanction permitted by this chapter.
(d) Where an applicant or an appraiser has made a false statement of material fact on an application or caused to be submitted or been a party to preparing or submitting any falsified application to the board, such action may, in itself, be a sufficient ground for the refusal, suspension, or revocation of the appraiser classification.
(e) Grounds for suspension or revocation of an appraiser classification, as provided for by this chapter, shall also be grounds for refusal to grant an appraiser classification.
(f) The conduct provided for in subsections (a) through (d) and subsection (h) of this Code section which relates to the denial of an appraiser classification to an applicant shall also be grounds for the imposition of any sanction permitted by this chapter when the con duct is that of an appraiser.
(g) If an appraiser! Whenever the board initiates an investigation as provided in Code Section 43-39A-22 to determine whether an appraiser has violated any provision of this chapter or the rules and regulations adopted pursuant to this chapter and such appraiser:
(1) Voluntarily surrenders an appraiser classification to the board;
(2) Allows an appraiser classification to lapse due to failure to meet education require ments provided by law; or
(3) Allows an appraiser classification to lapse due to failure to pay any required fees, and if such surrender or lapsing takes place after the board has initiated an investigation pursuant to Code Section 43-39A-22 but before the board files a notice of hearing, the board may issue an order revoking the appraiser's appraiser classification and provide a copy of such order to the appraiser. The order will be effective ten days after the appraiser receives a copy of the order unless the appraiser makes a written request for a hearing before the board, in which event the board will file a notice of hearing in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' If and such surrender or lapsing occurs after the board has filed a notice of hearing alleging that such appraiser has violated any provision of this chapter or the rules and regulations adopted pursuant to this chapter but before the board enters a final order in the matter, then upon submission of a new application by such person the matters asserted in the notice of hearing shall be deemed admitted and may be used by the board as grounds for refusal of a new appraiser classifica tion to such person.
(h) Where an applicant for an appraiser classification has been sanctioned by the board or by a similar board of any other state or foreign country, such sanction in itself may be a sufficient ground for refusal of an appraiser classification. An applicant for an appraiser classification who has had an occupational registration, license, or certification revoked by any occupational licensing body of this state, any other state, or any foreign country may be granted an appraiser classification by the board only if:
(1) At least five years have passed since the date that the applicant's occupational regis tration, license, or certification was revoked;
(2) No criminal charges are pending against the applicant at the time of application; and
(3) The applicant presents to the board satisfactory proof that the applicant now bears a good reputation for honesty, trustworthiness, integrity, and competence to transact real estate appraisal activity in such a manner as to safeguard the interests of the public.

FRIDAY, FEBRUARY 18, 1994

841

(i) Whenever any appraiser is convicted of any offense enumerated in subsection (b) of this Code section, such appraiser must immediately notify the board of that conviction. Such appraiser's appraiser classification shall automatically be revoked 60 days after the conviction unless the appraiser makes a written request to the board for a hearing during that 60 day period. Following any such hearing held pursuant to this subsection, the board in its discretion may impose upon that appraiser any sanction permitted by this chapter."
Section 5. Said chapter is further amended by striking at the end of paragraph (15) of subsection (a) of Code Section 43-39A-18, relating to penalties for violations of said chapter, the word "or", by striking at the end of paragraph (16) of said Code section the symbol "." and inserting in lieu thereof the symbol ";", and by inserting at the end of such subsection the following:
"(17) Providing an oral appraisal report in a federally related transaction; or
(18) Utilizing the services of any person in other than a ministerial capacity whose ap praisal classification is suspended or revoked in developing an appraisal, in preparing an appraisal report, or in communicating an appraisal."
Section 6. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

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

Not voting were Senators Abernathy and Langford of 35th.

On the passage of the bill, the yeas were 54, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1227. By Representatives Skipper of the 137th, Watson of the 139th, Chandler of the 99th and Dixon of the 150th:
A bill to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to provide that the real estate commissioner may designate persons to certify certain records; to provide

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that for purposes of certain licensure, the term "conviction" includes first of fender treatment and pleas of nolo contenders for certain ofFenses.
Senate Sponsor: Senator Tysinger of the 41st.
The Senate Science, Technology, and Industry Committee offered the following substi tute to HB 1227:
A BILL
To be entitled an Act to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to provide that the real estate commissioner may designate persons to certify certain records; to provide that for purposes of certain licensure, the term "conviction" includes first offender treatment and pleas of nolo contendere for certain offenses; to provide that the real estate commission may impose certain sanctions if the real estate commission of another state has imposed sanc tions against a state licensee; to provide that a real estate broker's firm shall pay certain fees only to persons whose licenses have been assigned to such firm; to provide that if all part ners of a partnership are corporations, the qualifying broker of such a partnership must be one of the partner corporation's officers whose actions are binding on both that corporation and the partnership; to provide that the qualifying broker for a firm which operates as a limited partnership must be the general partner; to provide that if the general partner of a limited partnership is a corporation, the qualifying broker of such a limited partnership must be one of that corporation's officers whose actions are binding on both the corporation and the general partner; to repeal conflicting 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 by striking in its entirety Code Section 4340-6, relating to the seal and records of the Georgia Real Estate Commission, and inserting in lieu thereof the following:
"43-40-6. The commission shall adopt a seal, which may be either an engraved or ink stamp seal, with the words 'State Real Estate Commission, State of Georgia,' and such other device as the commission may desire included thereon, by which it shall authenticate the acts of the commission. Copies of all records and papers in the office of the commission, certified by the signature of the real estate commissioner or the commissioner's designee and the seal of the commission, shall be received in evidence in all cases equally and with like effect as the originals. The commission shall maintain records so that it may certify the license history of licensees for a period of up to five years preceding the date of certification."
Section 2. Said chapter is further amended by striking in their entireties subsections (b) and (f) of Code Section 43-40-15, relating to the granting, revocation, and suspension of real estate licenses, and inserting in lieu thereof, respectively, the following:
"(b) (1) As used in this Code section, the term:
(A) 'Conviction' means a finding or verdict of guilty or a plea of guilty, regardless of whetEer an appeal of the conviction has been brought; a sentencing to first offender treat ment without an adjudication of guilt pursuant to a charge of a felony or any crime involv ing moral turpitude; or a plea of nolo contendere to a charge of a felony or any crime involving moral turpitude.
(B) 'Felony' includes any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere.
(2) Where an applicant for a salesperson's license has been convicted of forgery, embez zlement, obtaining money under false pretenses, theft, extortion, conspiracy to defraud, or other like offense or offenses or has been convicted of a felony or a crime involving moral turpitude and has been convicted thereof in a court of competent jurisdiction of this or any

FRIDAY, FEBRUARY 18, 1994

843

other state, district, or territory of the United States, or of a foreign country, such untruatworthiness of the applicant and the conviction in itself may be a sufficient ground for refusal of a license. As used in this Code acction, the term 'felony' ahall include any offcnoc which, if committed in thia state, would be deemed a felony, without regard to its dcaignation clacwhcre, and, as used in thia Code acction, the term 'conviction' shall include a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been aought. Where an applicant for liccnsure hua been arrested, charged, and sentenced for the commission of any felony or any crime involving moral turpitude and where such appli cant was granted first offender treatment without adjudication of guilt pursuant to the charge, or pleaded nolo contender to auch charge, auch acntcncing in itaclf may be a suffi cient ground for refusal of a license. An applicant for licensure as an associate broker or a broker who has been convicted of any offense enumerated in this subsection may be licensed by the commission as an associate broker or a broker only if:
(i) (A) At least ten years have passed since the applicant was convicted, sentenced, or released from any incarceration, whichever is later;
(3) (B) No criminal charges are pending against the applicant; and
(S) (C) The applicant presents to the commission satisfactory proof that the applicant now bears a good reputation for honesty, trustworthiness, integrity, and competence to transact the business of a licensee in such a manner as to safeguard the interest of the public."
"(f) The conduct provided for in subsections (a), (b), (c), and (d), and (h) of this Code section which relates to the denial of a real estate license to an applicant shall also be grounds for imposition of any sanction permitted by this chapter when the conduct is that of a licensee."
Section 3. Said chapter is further amended by striking in their entireties subsections (c) and (e) of Code Section 43-40-18, relating to the management of real estate brokers' firms and licensed affiliates and inserting in lieu thereof, respectively, the following:
"(c) The real estate brokerage activities of each firm shall be under the direct manage ment and supervision of a broker or qualifying broker. The broker or qualifying broker shall be responsible for establishing, implementing, and cortinuing procedures for:
(1) Reviewing all advertising to ensure compliance with this chapter and its rules and regulations:
(2) Providing programs for study and review of this chapter and its rules and regula tions for all licensed associates;
(3) Reviewing for compliance with this chapter and its rules and regulations all listing contracts, leases, sales contracts, management agreements, and offers to buy, sell, lease, or exchange real property secured or negotiated by the firm's associates. This review shall take place within 30 days of the date of the offer or contract;
(4) Systematic review of the firm's trust accounting practices in order to assure their compliance with this chapter and its rules and regulations;
(5) Ensuring that the firm paya to its affiliated licensees commiasiona fof performing the acts of a licensee only if they maintain valid, current real estate licenses and that the firm utilizes only licensed personnel to perform those acts of a licensee which require licensure and that when it pays compensation to an individual licensee, other than another firm, the license of such individual licensee was assigned to the firm by the commission at the time such individual licensee earned the compensation paid^
(6) Ensuring that proper disbursements are made from trust accounts;
(7) Providing continuing and reasonable safekeeping for all records related to real es tate transactions which this chapter and its rules and regulations require a broker to maintain;
(8) Providing all licensed personnel with written policies and procedures under which they are expected to operate;

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(9) Seeing that the firm and all licensed affiliates enter into a written agreement speci fying the terms under which the licensee will be compensated for work during the time of their affiliation and specifying how the licensee will be compensated for work begun but not completed prior to the termination of their affiliation. Other than to determine that such agreements are entered into by licensees and their firm, the commission shall not regulate the content of such agreements or enforce their provisions; and
(10) Assuring that an individual with appropriate management authority is reasonably available to assist licensees and the public in real estate transactions handled by the firm."
"(e) Any firm which operates as a sole proprietorship must be owned entirely by a li censed broker. The qualifying broker for a firm which operates as a partnership must be a partner. If all partners of a partnership are corporations, the qualifying broker of such a partnership must be one of the partner corporation's officers whose actions are binding on both that corporation and the partnership. The qualifying broker for a firm which operates as a limited partnership must be the general partner. If the general partner of a limited partnership is a corporation, the qualifying broker of such a limited partnership must be one of that corporation's officers whose actions are binding on both the corporation and the general partner. The qualifying broker for a firm which operates as a limited liability com pany must be a member. The qualifying broker for a firm which operates as a corporation must be an officer of the corporation. The broker or qualifying broker of any real estate firm must have signatory powers on all trust accounts which the firm maintains."
Section 4. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 39, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Balfour Baugh Blitch Boshears
Bowen Broun of 46th
BBCrhuoerwteoknns of 26th Q Coleman Crotts Day Dean Edge Egan Farrow

Gillis Glanton Gochenour Harbison Hemmer
Henson Hm
HHuouogkggm s Isakson KemP Langford of 29th Madden Marable McGuire Middleton Newbill

Oliver Parrish Perdue Pollard Ragan of llth
Ragan of 32nd Ralston
RrR> obu-inson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Guhl

Langford of 35th

Walker

On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute.

FRIDAY, FEBRUARY 18, 1994

845

HB 1263. By Representatives Patten of the 176th, Dobbs of the 92nd, Baker of the 70th and others:
A bill to amend Code Section 8-2-23 of the Official Code of Georgia Annotated, relating to the amendment and revision of certain state codes, so as to change a reference to the Office of Energy Resources; to provide for the transfer of assets and liabilities of and personnel employed by or assigned to the Office of Energy Resources to such authority.
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 BrvQ^hJuneretoK, nS
Coleman D av
Dean Edge
Egan Farrow
Gillis

Glanton Gochenour
Harbison Hemmer Henson Hill Hooks R TIK,s.aekm, spon
Langford of 29th Madden
Marable McGuire
Middleton Newbill
Oliver

Parrish Perdue
Pollard Ragan of llth Ragan of 32nd Ralston R Robinson S00S1lcoot.tm..t
Starr Taylor
Thomas Thompson
Turner Tysinger
Walker

Those not voting were Senators:

Abernathy

Guhl

Crotts

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.
HB 1194. By Representative Watson of the 139th: A bill to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, known as the "Employment Security Law," so as to change the definition of the term "employment"; to change the provisions relating to the exclusion of certain independent contract carriers of publishers or distributors of printed materials from the term "employment".
Senate Sponsor: Senator Taylor of the 12th.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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

Those voting in the affirmative were Senators:

Balfour Baugh Blitch Boshears
Bowen Broun of 46th
Brown of 26th "Ccl"herek, s Coleman f) ean Edge Egan Farrow Gillis Glanton

Gochenour Harbison Hemmer Henson
Hill Hooks
Hugging KI,,seakmspon Langford of 29th Madden Marable McGuire Middleton Newbill Oliver

Parrish Perdue Pollard Ragan of llth
Ragan of 32nd Ralston
Ray RS,, coob,ti.tnson Slotin Starr Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Alien Crotts

Day Guhl

Langford of 35th Walker

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

The bill, having received the requisite constitutional majority, was passed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

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

HB 180. By Representatives Pinholster of the 15th, Stancil of the 16th and Harris of the 17th:
A bill to amend Article 8 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to control of junkyards, so as to provide for limitations on the location of junkyards; to provide for screening requirements; to provide for regulations; to authorize acquisition and removal of junkyards; to provide for abatement of nuisances.

HB 1489. By Representatives Johnson of the 153rd, Culbreth of the 132nd, Royal of the 164th and Ladd of the 59th:
A bill to amend Code Section 48-8-89 of the Official Code of Georgia Annotated, relating to certificates governing the distribution of the proceeds of the joint county and municipal sales and use tax, so as to provide for the expiration of such certificates and for their renegotiation and filing.

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

FRIDAY, FEBRUARY 18, 1994

847

Mr. President:
The House adheres to its position in insisting on its amendments, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate:
SB 12. By Senators Scott of the 36th, Dawkins of the 45th, Broun of the 46th, Clay of the 37th, Oliver of the 42nd and others:
A bill to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to provide that licensed firearms dealers comply with certain requirements prior to the sale or delivery of a firearm; to amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center; to amend Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to costs in probate courts.
The Speaker has appointed on the part of the House, Representatives Twiggs of the 8th, Groover of the 125th and Smyre of the 136th:
The following bills of the House were read the first time and referred to committees:
HB 180. By Representatives Pinholster of the 15th, Stancil of the 16th and Harris of the 17th:
A bill to amend Article 8 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to control of junkyards, so as to provide for limitations on the location of junkyards; to provide for screening requirements; to provide for regulations; to authorize acquisition and removal of junkyards; to provide for abatement of nuisances. Referred to Committee on Science, Technology and Industry.
HB 1489. By Representatives Johnson of the 153rd, Culbreth of the 132nd, Royal of the 164th and Ladd of the 59th:
A bill to amend Code Section 48-8-89 of the Official Code of Georgia Annotated, relating to certificates governing the distribution of the proceeds of the joint county and municipal sales and use tax, so as to provide for the expiration of such certificates and for their renegotiation and filing. Referred to Committee on Finance and Public Utilities.
The Calendar was resumed.
SB 469. By Senators Thompson of the 33rd, Oliver of the 42nd and Scott of the 36th:
A bill to amend Chapter 3 of Title 49 of the Official Code of Georgia Annotated, relating to local family and children services, so as to change the composition, qualifications, and manner of selecting county boards of family and children ser vices; to provide for terms and vacancies; to provide for a chairperson and vice chairperson; to provide for compensation and expenses; to provide for effective dates. Senator Thompson of the 33rd offered the following substitute to SB 469:
A BILL
To be entitled an Act to amend Chapter 3 of Title 49 of the Official Code of Georgia Annotated, relating to local family and children services, so as to change the composition, qualifications, and manner of selecting county boards of family and children services; to

848

JOURNAL OF THE SENATE

provide for terms and vacancies; to provide for a chairperson and vice chairperson; to pro vide for compensation and expenses; 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 49 of the Official Code of Georgia Annotated, relating to local family and children services, is amended by striking Code Section 49-3-2, providing for the composition of county boards of family and children services, and inserting in its place the following:

"49-3-2. (a) Each county board shall consist of five mcmbcra who shall be appointed by

the commissioner of human resources on the recommendation and nomination of the county

commissioner or board of eommiasioncra or other legally constituted fiscal or financial agent

of the county. 8uch county commissioner or board of commiasioncfa or fiscal or financial

agent shall recommend and nominate to the commissioner three influential and respected citizens, recognized fTM **""' Hnmn..t.nt.cd intcrcat in fanvily and children scrricca provided

by the cc.unty departtmcnt, for each poai tion on the county board to be filled b'f the commis-

sioner A

ted aa a nominee, each pcraon ao dci

ioncr or board of e.

f fi '1

agent that the person intends to serve o a a member of thei board if the pcrsori is appointed

to the board. No elected officer of the state or any subdivision thereof ahall be eligible for

appointment to the county board. On and after July 1, 1994, each county board of family

and children services shall be composed of seven members. Those five members of a county

board of family and children services serving as such on June 30, 1994, shall serve out their

terms of office and until their respective successors are appointed and qualified. Those suc

cessors, and all future successors to any of the five membership positions on such board

which were appointed by the commissioner of human resources under the prior provisions of

this subsection, shall be appointed by the governing authority of such county. The two addi

tional members of each county board shall be appointed as follows:

(1) One member shall be appointed by the county superintendent of schools and shall be a school counselor in such schools; and

(2) One member shall be appointed by the chief law enforcement officer of such county and "shall be a law enforcement officer of such county who is responsible for investigating reports of child abuse.

(b) The term of office of members of the county board shall be for five ycara, except that upon the expiration of the terms of the mcmbcra of the county board in office on July 1, 1060, one member shall be appointed for a one year term, one member for a two year tern*; one member for a three year term, one member for a four year term, and one member for a five year term. No member appointed to the county board shall be an employee of the county board or of the department.

(c) Appointments to fill vacancica on the county board cau8cd by death, rcaignation, or removal before the expiration of a term shall be made for the remainder of auch term in the aame manner as provided in this Code aeetion for original appointments. In the event that the county commissioner or board of eommisgionera or county fiscal or financial agent shall fail to recommend and nominate persons to fill vacancies on the county board as required by thio Code flection, the eommiooioncr may appoint mcmbcra to the county board to fill auch vacancies absent such recommendation and nomination. Members of the county board of family and children services shall serve for terms of office of five years each and until their respective successors are appointed and qualified. Vacancies in any such membership shall be filled for the unexpired term and until a successor is appointed and qualified in the same manner as the original appointment.

(d) The comnuMioncr may provide rules and regulation governing election of pcfoona to serve as chairman and vice chairman of each county board. The office of any member appointed pursuant to paragraph (1) or (2) of subsection (a) of this Code section shall be come vacant upon such member's ceasing to serve as a school counselor for the county

FRIDAY, FEBRUARY 18, 1994

849

school system from which the person was appointed or upon such member's ceasing to serve

as a law enforcement officer investigating child abuse for the county from which such person

was appointed, respectively.

'

(e) Members of the county board shall serve without compensation, except that they shall be reimbursed for traveling and other expenses actually incurred in the performance of their official duties; provided, however, that the gross expenses assessed against a county shall not exceed the amount of the budget of the county previously set aside and levied by the county authorities for such expenses.

(f) In addition to the five members otherwise provided for in thia Code acction, the board of family and children acrvicca in any county of this atatc having a population of 660,000 or more according to the United States decennial census of 1070 or any future such ccnaua shall include an additional two mcmbcra who shall be subject to thia Code acction in the same manner aa the five member otherwise provided for in this Code section. Each member provided for in thia subsection shall be appointed for a term of five yearn and until the appointment and qualification of the member's successor, except that in the initial ap pointment of the two additional members one member shall be appointed for a four year term and one member for a five year term, and these initial members shall serve until the appointment and qualification of their successors. Members of a county board shall select from their number a chairperson and vice chairperson to serve until the last day of Decem ber immediately following their selection and until their successor is selected?1

Section 2. For purposes of making appointments for initial terms of the two additional members added to county boards of family and children services, this Act shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval. For all other purposes this Act shall become effective July 1, 1994.

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

Senators Isakson of the 21st, Ragan of the 32nd and Clay of the 37th offered the follow ing amendment:

Amend the Thompson substitute by adding on page 4 line 28 a new paragraph (g) to read as follows:

"(g) The provisions of this section shall not prohibit the local board of family and chil dren services from recommending persons for consideration and appointment by the gov erning authority of such county."

On the adoption of the amendment, the yeas were 40, nays 0, and the Isakson et al amendment was adopted.

On the adoption of the substitute, the President called for 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 Brown of 26th Burton Cheeks Clay Coleman Day Dean

Edge Farrow Gillis Glanton Gochenour Harbison Hemmer Hill Hooks Huggins Isakson Kemp Langford of 29th Madden

Marable McGuire Middleton Newbill Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott

850

JOURNAL OF THE SENATE

Slotin Starr Taylor

Thomas Thompson Turner

Those not voting were Senators:

Abernathy Crotts

Egan Guhl

Tysinger Walker
Henson Langford of 35th

On the adoption of the substitute, the yeas were 50, nays 0, and the Thompson substi tute was adopted as amended.
The President announced that, pursuant to Senate Rule 143, action on SB 469 would be suspended.
Senator Ray of the 19th moved that, pursuant to HR 975, adopted previously, the Sen ate stand in recess until 5:00 P.M. and at that time stand adjourned until 9:30 A.M. Mon day, February 21, 1994; the President announced the motion prevailed at 11:20 A.M.

MONDAY, FEBRUARY 21, 1994

851

Senate Chamber, Atlanta, Georgia Monday, February 21, 1994
Twenty-sixth Legislative Day
The Senate met pursuant to adjournment at 9:30 A.M. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of Friday, February 18, 1994 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 1801. By Representative Hughes of the 19th: A bill to amend an Act to provide for an elected Board of Education of Dawson County, so as to provide new education districts.
HB 1802. By Representative Bargeron of the 120th: A bill to amend an Act providing for a board of commissioners of Jefferson County, so as to change the descriptions of the commissioner districts of the board and provide for definitions and inclusions of parts of commissioner districts.
HB 1803. By Representative Bargeron of the 120th: A bill to amend an Act providing for the election of the chairperson and the members of the board of education of Jefferson County, so as to change the de scriptions of the education districts of the board and provide for definitions and inclusions of parts of education districts.
HB 1808. By Representatives Bates of the 179th and Titus of the 180th: A bill to amend an Act creating a new board of education of Grady County, so as to provide for new districts for members of the board of education.
HB 1809. By Representatives Bates of the 179th and Titus of the 180th: A bill to amend an Act creating a board of commissioners of the County of Grady, so as to provide for new districts for members of the board of commissioners.
HB 1815. By Representatives Smith of the 109th, Carlisle of the 107th and Maddox of the 108th: A bill to amend an Act creating the Henry County Water and Sewerage Author ity, so as to change the compensation of the members of the authority.
HB 1816. By Representatives Skipper of the 137th and James of the 140th: A bill to create and establish an airport authority in and for the County of Taylor and to authorize such authority to acquire, construct, equip, maintain, oper ate, own, and improve airports and landing fields for the use of aircraft which

852

JOURNAL OF THE SENATE

shall include related buildings, equipment, and the usual and convenient facili ties appertaining to such undertaking.
HB 1648. By Representative Parham of the 122nd: A bill to provide for homestead exemptions from Putnam County ad valorem taxes for county purposes and from Putnam County school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of that homestead for residents of that county.
HB 1649. By Representative Parham of the 122nd:
A bill to provide for homestead exemptions from Baldwin County ad valorem taxes for county purposes and from Baldwin County school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of that homestead for residents of that county.
SB 542. By Senators Boshears of the 6th and Kemp of the 3rd: A bill creating the State Court of Glynn County, as amended, so as to change the compensation of the judge of said court; to provide for applicability.
SB 587. By Senators Boshears of the 6th and Kemp of the 3rd: A bill to provide for the Glynn County Board of Elections and Registration and provide that it will succeed to the powers and duties of another board of elec tions; to provide for appointment, election, and qualifications of its members; to provide for its initial and subsequent membership; to provide for terms, resigna tions, removal, and vacancies.
SB 620. By Senator Langford of the 29th: A bill to amend an Act placing the sheriff of Heard County on an annual salary in lieu of the fee system of compensation, as amended, so as to change the amount of compensation of the sheriff; to provide an effective date.
SB 621. By Senator Langford of the 29th: A bill to amend an Act placing the judge of the Probate Court of Heard County on an annual salary in lieu of a fee system of compensation, as amended, so as to change the compensation of the judge of the Probate Court of Heard County.
SB 622. By Senator Langford of the 29th: A bill to amend an Act consolidating the offices and duties of tax receiver and tax collector of Heard County into the single office of tax commissioner of Heard County, as amended, so as to change the compensation of the tax commissioner.
SB 623. By Senator Langford of the 29th: A bill to amend an Act placing the clerk of the Superior Court of Heard County on an annual salary in lieu of the fee system of compensation, as amended, so as to change the compensation of the clerk of the superior court.
HB 1536. By Representatives Carter of the 166th, Smith of the 109th, Hanner of the 159th, Royal of the 164th and Cox of the 160th: A bill to amend Chapter 51 of Title 43 of the Official Code of Georgia Annotated, relating to water and wastewater treatment plant operators and laboratory ana lysts, so as to change a certain definition; to provide for the performance of labo ratory tests for reporting purposes by certified operators; to provide for a train ing course.

MONDAY, FEBRUARY 21, 1994

853

HB 1398. By Representatives Cauthorn of the 35th, Smyre of the 136th, Smith of the 174th, Buck of the 135th, Towery of the 30th and others:
A bill to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries of certain state officials, so as to change the compensa tion of Justices of the Supreme Court and Judges of the Court of Appeals.
HB 1395. By Representatives Cauthorn of the 35th, Smyre of the 136th, Smith of the 174th, Buck of the 135th, Towery of the 30th and others:
A bill to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries of certain state officials, so as to change the compensa tion of judges of the superior courts.
HB 1704. By Representatives Buck of the 135th, Culbreth of the 132nd, Skipper of the 137th and Royal of the 164th:
A bill to amend Code Section 48-8-111 of the Official Code of Georgia Annotated, relating to the procedure for imposition of the special county 1 percent sales and use tax, so as to authorize the imposition of such tax for certain solid waste facilities.
HB 1715. By Representatives Cox of the 160th and Greene of the 158th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of the superior courts, so as to change the terms of the Superior Court of Early County.
HB 372. By Representatives Chandler of the 99th, Walker of the 141st, Hughes of the 19th, Watson of the 139th and Powell of the 23rd:
A bill to amend Article 22 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to school buses, so as to provide for mandatory drug testing for all school bus drivers; to provide for random testing of school bus drivers for alcohol consumption during working hours.
HB 1619. By Representatives Patten of the 176th, Barfoot of the 155th, Floyd of the 172nd and Dobbs of the 92nd:
A bill to amend Chapter 13 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Underground Storage Tank Act," so as to define and redefine cer tain terms; to provide for inspections of sites by contractors or agents of the Department of Natural Resources; to permit the director immediately to issue emergency orders for corrective action without awaiting the concurrence of the governor.
HB 1754. By Representatives Chambless of the 163rd, White of the 161st and Roberts of the 162nd:
A bill to amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, so as to provide that certain provisions formerly appli cable to counties having a population of more than 100,000 shall apply to coun ties having a population of more than 96,000; to provide for certain additional eligibility requirements for judges of the probate courts in such counties.
HB 1760. By Representatives Harris of the 112th, Royal of the 164th, Buck of the 135th and Skipper of the 137th:
A bill to amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, so as to specify conditions under which certain persons may enter limited-duration covenants under a prior table of values.

854

JOURNAL OF THE SENATE

The House has disagreed to the Senate amendment, to the House substitute, to the following bill of the Senate:
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 disagreed to the Senate substitute to the following bill of the House:
HB 415. By Representatives Crews of the 78th, Randall of the 127th, Wall of the 82nd, Joyce of the 1st, Jones of the 71st and others:
A bill to amend Article 1 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to homicide, so as to prohibit certain acts which assist in the commission of suicide or which cause the death of another by suicide.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 675. By Senators Boshears of the 6th and Kemp of the 3rd:
A bill to amend an Act creating the Board of Commissioners of Glynn County, as amended, so as to change the composition of the commissioner districts; to pro vide for certain definitions and inclusions; to require submission of this Act to the United States Attorney General for certain approval; to provide for auto matic repeal of this Act under certain circumstances. Referred to Committee on Urban and County Affairs.
SB 676. By Senator Clay of the 37th:
A bill to amend Code Section 15-6-94 of the Official Code of Georgia Annotated, relating to the Georgia Superior Court Clerk's Cooperative Authority, so as to provide for the membership of the authority; to provide for the effectiveness of prior arts of the authority; to provide for related matters; to provide an effective date. Referred to Committee on Judiciary.
SB 677. By Senator Ralston of the 51st:
A bill to amend an Act entitled "An Act to create the Ellijay-Gilmer County Water and Sewerage Authority" so as to provide for the compensation of the members of such authority. Referred to Committee on Urban and County Affairs.
SB 678. By Senator Boshears of the 6th:
A bill to provide a homestead exemption from Appling County ad valorem taxes for county purposes in an amount equal to the amount of the assessed value of the homestead which exceeds the assessed value of that homestead for the taxa ble year immediately preceding the taxable year in which that exemption is first granted to a resident for certain residents of that county who have annual in comes not exceeding $30,000.00 and who are 62 years of age or over. Referred to Committee on Urban and County Affairs.

MONDAY, FEBRUARY 21, 1994

855

SB 679. By Senator Newbill of the 56th:
A bill to amend an Act consolidating, creating, revising, and superseding the sev eral Acts incorporating the City of Alpharetta, Georgia, in the County of Fulton and creating a new charter for said city, as amended, so as to change provisions relating to the municipal court of the City of Alpharetta. Referred to Committee on Urban and County Affairs.
SB 680. By Senator Robinson of the 16th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that in any state or local election the candidate receiv ing a plurality of the votes cast shall be elected; to define what shall constitute a plurality; to provide that a runoff shall be held only in the case of a tie; to make similar provisions for the election of persons to the offices of United States sena tor and representative; to provide that there shall be no majority vote require ment for the election of any officer. Referred to Committee on Ethics.
SB 681. By Senators Day of the 48th, Edge of the 28th and Clay of the 37th:
A bill to amend Code Section 20-2-690 of the Official Code of Georgia Annotated, relating to private schools and home study programs, so as to authorize grand parents to teach their grandchildren in home study programs under certain conditions. Referred to Committee on Education.
SB 682. By Senators Day of the 48th and Hemmer of the 49th:
A bill to increase from $2,000.00 to $5,000.00 over a three-year period the home stead exemption from certain ad valorem taxes levied by Forsyth County for county purposes; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective date, and automatic repeal. Referred to Committee on Urban and County Affairs.
SB 683. By Senator Boshears of the 6th:
A bill to provide a homestead exemption from Bacon County ad valorem taxes for county purposes in an amount equal to the amount of the assessed value of the homestead which exceeds the assessed value of that homestead for the taxa ble year immediately preceding the taxable year in which that exemption is first granted to a resident for certain residents of that county who have annual in comes not exceeding $30,000.00 and who are 62 years of age or over. Referred to Committee on Urban and County Affairs.
SB 684. By Senator Boshears of the 6th:
A bill to provide a homestead exemption from Brantley County ad valorem taxes for county purposes in an amount equal to the amount of the assessed value of the homestead which exceeds the assessed value of that homestead for the taxa ble year immediately preceding the taxable year in which that exemption is first granted to a resident for certain residents of that county who have annual in comes not exceeding $30,000.00 and who are 62 years of age or over. Referred to Committee on Urban and County Affairs.
SB 685. By Senator Abernathy of the 38th:
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 provide for payments by the

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state to municipalities in which state-owned property is located in lieu of ad valorem taxation of such property by the affected municipality; to provide a defi nition; to provide for statements of taxable value; to provide for review by the state revenue commissioner. Referred to Committee on Finance and Public Utilities.
SB 686. By Senator Abernathy of the 38th:
A bill to amend Article 1 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions applicable to the parent and child rela tionship generally, so as to change the provisions relating to visitation rights of grandparents; to provide a rebuttable presumption that it is in the best interest of the child to establish or maintain visitation rights with a grandparent; to pro vide for the appointment of a guardian ad litem and for the duties of such guard ian ad litem. Referred to Committee on Judiciary.
SR 536. By Senator Robinson of the 16th:
A resolution proposing an amendment to the Constitution so as to provide for election of the Secretary of State, Attorney General, State School Superinten dent, Commissioner of Insurance, Commissioner of Agriculture, and Commis sioner of Labor by a plurality of the votes cast; to provide for submission of this amendment for ratification or rejection. Referred to Committee on Ethics.
SR 537. By Senators Edge of the 28th, Robinson of the 16th, Hill of the 4th and others:
A resolution urging the State Department of Education to develop a detailed Education Technology Plan for Georgia. Referred to Committee on Education.
The following bills of the House were read the first time and referred to committees:
HB 372. By Representatives Chandler of the 99th, Walker of the 141st, Hughes of the 19th, and Watson of the 139th:
A bill to amend Article 22 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to school buses, so as to provide for mandatory drug testing for all school bus drivers; to provide for random testing of school bus drivers for alcohol consumption during working hours. Referred to Committee on Education.
HB 1395. By Representatives Cauthorn of the 35th, Smyre of the 136th, Smith of the 174th and others:
A bill to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries of certain state officials, so as to change the compensa tion of judges of the superior courts. Referred to Committee on Judiciary.
HB 1398. By Representatives Cauthorn of the 35th, Smyre of the 136th, Smith of the 174th and others:
A bill to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries of certain state officials, so as to change the compensa tion of Justices of the Supreme Court and Judges of the Court of Appeals. Referred to Committee on Judiciary.

MONDAY, FEBRUARY 21, 1994

857

HB 1536. By Representatives Carter of the 166th, Smith of the 109th, Hanner of the 159th and others:
A bill to amend Chapter 51 of Title 43 of the Official Code of Georgia Annotated, relating to water and wastewater treatment plant operators and laboratory ana lysts, so as to change a certain definition; to provide for the performance of labo ratory tests for reporting purposes by certified operators; to provide for a train ing course. Referred to Committee on Natural Resources.
HB 1619. By Representatives Patten of the 176th, Barfoot of the 155th, Floyd of the 172nd and Dobbs of the 92nd:
A bill to amend Chapter 13 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Underground Storage Tank Act," so as to define and redefine cer tain terms; to provide for inspections of sites by contractors or agents of the Department of Natural Resources; to permit the director immediately to issue emergency orders for corrective action without awaiting the concurrence of the governor. Referred to Committee on Natural Resources.
HB 1704. By Representatives Buck of the 135th, Culbreth of the 132nd, Skipper of the 137th and Royal of the 164th:
A bill to amend Code Section 48-8-111 of the Official Code of Georgia Annotated, relating to the procedure for imposition of the special county 1 percent sales and use tax, so as to authorize the imposition of such tax for certain solid waste facilities. Referred to Committee on Finance and Public Utilities.
HB 1715. By Representatives Cox of the 160th and Greene of the 158th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of the superior courts, so as to change the terms of the Superior Court of Early County. Referred to Committee on Judiciary.
HB 1754. By Representatives Chambless of the 163rd, White of the 161st and Roberts of the 162nd:
A bill to amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, so as to provide that certain provisions formerly appli cable to counties having a population of more than 100,000 shall apply to coun ties having a population of more than 96,000; to provide for certain additional eligibility requirements for judges of the probate courts in such counties. Referred to Committee on Judiciary.
HB 1760. By Representatives Harris of the 112th, Royal of the 164th, Buck of the 135th and Skipper of the 137th: A bill to amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, so as to specify conditions under which certain persons may enter limited-duration covenants under a prior table of values.
Referred to Committee on Finance and Public Utilities.
HB 1648. By Representative Parham of the 122nd: A bill to provide for homestead exemptions from Putnam County ad valorem taxes for county purposes and from Putnam County school district ad valorem

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taxes for educational purposes in the amount of $10,000.00 of the assessed value of that homestead for residents of that county. Referred to Committee on Urban and County Affairs.
HB 1649. By Representative Parham of the 122nd: A bill to provide for homestead exemptions from Baldwin County ad valorem taxes for county purposes and from Baldwin County school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of that homestead for residents of that county.
Referred to Committee on Urban and County Affairs.
HB 1801. By Representative Hughes of the 19th: A bill to amend an Act to provide for an elected Board of Education of Dawson County, so as to provide new education districts.
Referred to Committee on Urban and County Affairs.
HB 1802. By Representative Bargeron of the 120th: A bill to amend an Act providing for a board of commissioners of Jefferson County, so as to change the descriptions of the commissioner districts of the board and provide for definitions and inclusions of parts of commissioner districts.
Referred to Committee on Urban and County Affairs.
HB 1803. By Representative Bargeron of the 120th: A bill to amend an Act providing for the election of the chairperson and the members of the board of education of Jefferson County, so as to change the de scriptions of the education districts of the board and provide for definitions and inclusions of parts of education districts.
Referred to Committee on Urban and County Affairs.
HB 1808. By Representatives Bates of the 179th and Titus of the 180th: A bill to amend an Act creating a new board of education of Grady County, so as to provide for new districts for members of the board of education.
Referred to Committee on Urban and County Affairs.
HB 1809. By Representatives Bates of the 179th and Titus of the 180th: A bill to amend an Act creating a board of commissioners of the County of Grady, so as to provide for new districts for members of the board of commissioners.
Referred to Committee on Urban and County Affairs.
HB 1815. By Representatives Smith of the 109th, Carlisle of the 107th and Maddox of the 108th: A bill to amend an Act creating the Henry County Water and Sewerage Author ity, so as to change the compensation of the members of the authority.
Referred to Committee on Urban and County Affairs.
HB 1816. By Representatives Skipper of the 137th and James of the 140th: A bill to create and establish an airport authority in and for the County of Taylor and to authorize such authority to acquire, construct, equip, maintain, oper ate, own, and improve airports and landing fields for the use of aircraft which

MONDAY, FEBRUARY 21, 1994

859

shall include related buildings, equipment, and the usual and convenient facili ties appertaining to such undertaking. Referred to Committee on Urban and County Affairs. The following committee reports were read by the Secretary:
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 1330. Do pass as amended.
Respectfully submitted,
Senator Walker of the 22nd District, Chairman

Mr. President:

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

HB 862. Do pass. HB 1415. Do pass.

HB 1506. Do pass by substitute. HB 1514. Do pass.

Respectfully submitted,

Senator Thompson of the 33rd District, Chairman

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

SB 664. Do pass. SB 665. Do pass. SB 666. Do pass.

SB 667. HB 1787. HB 1788.

Do pass. Do pass. Do pass.

Respectfully submitted,

Senator Thompson of the 33rd District, Chairman

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

SB 427 SB 567 SB 581 SB 595 SB 625 SR 413 SR 500 SR 519 HB 866 HB 1241 HB 1391 HR 668 HR 773 HR 817 HR 823 HR 861

SB 534 SB 576 SB 593 SB 618 SB 627 SR 485 SR 502 HB 572 HB 1187 HB 1297 HB 1517 HR 730 HR 814 HR 818 HR 842

SB 561 SB 580 SB 594 SB 619 SR 406 SR 499 SR 516 HB 837 HB 1196 HB 1321 HB 1539 HR 768 HR 816 HR 819 HR 859

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

Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton
P v^UlolcpcLA-Go
Clay Coleman Crotts Day
Dean Edge Egan

Farrow Gillis Gochenour Guhl Harbison Hemmer Henson
Hooks Huggins Isakson Kemp Langford of 29th Madden Marable McGuire

Those not answering were Senators:

Abernathy Glanton Langford of 35th

Oliver Ragan of llth

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

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Coleman of the 1st introduced the chaplain of the day, Dr. Matthew Brown, pastor of Saint John's Baptist Church, Savannah, Georgia, who offered scripture reading and prayer.
The following resolutions were read and adopted:
SR 535. By Senators Hemmer of the 49th, Perdue of the 18th, Ragan of the llth and Madden of the 47th: A resolution commending and recognizing the agriculture community of Georgia.
SR 538. By Senators Dean of the 31st and Marable of the 52nd: A resolution recognizing the Cartersville High School boys cross country team.
The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR Monday, February 21, 1994
TWENTY-SIXTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)

MONDAY, FEBRUARY 21, 1994

861

SB 664 Isakson, 21st Ragan, 32nd Thompson, 33rd Clay, 37th Abernathy, 38th COBB COUNTY
Amends an Act creating the Cobb County-Marietta Water Authority, so as to change certain provisions regarding the qualifications for membership on au thority; to repeal conflicting laws.
SB 665 Isakson, 21st Thompson, 33rd Clay, 37th CITY OF MARIETTA
Amends an Act reincorporating the City of Marietta, so as to change the pro visions relating to the mayor pro tem; to provide for members of the city governing authority to be members of the city's pension board, the Marietta Historic Board of Review, and the Downtown Marietta Development Author ity; to repeal conflicting laws.
SB 666 Thompson, 33rd Clay, 37th CITY OF POWDER SPRINGS
Amends an Act creating a new charter for the City of Powder Springs, so as to change the corporate limits of the city; to provide authority for the city manager to levy and collect taxes, fees, charges, and other revenue; to estab lish the city manager as an ex officio sheriff; to provide an effective date; to repeal conflicting laws.
SB 667 Isakson, 21st Thompson, 33rd Clay, 37th CITY OF MARIETTA
Amends an Act reincorporating the City of Marietta, as amended, so as to ratify and confirm certain home rule amendments and local Act amendments relating to the board of lights and waterworks of the City of Marietta; to provide for officers of such board and powers and duties thereof; to repeal conflicting laws.
HB 1787 Madden, 47th JACKSON COUNTY
Provides a homestead exemption from all Jackson County School District ad valorem taxes for $10,000.00 of the value of the homestead for certain resi dents of that school district who have annual earned family incomes not ex ceeding $18,000.00 and who are 62 years of age or over.
HB 1788 Madden, 47th JACKSON COUNTY
Provides a homestead exemption from all Jackson County ad valorem taxes for $10,000.00 of the value of the homestead for certain residents of that county who have annual earned family incomes not exceeding $18,000.00 and who are 65 years of age or over.
The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.

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JOURNAL OF THE SENATE

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

Those voting in the affirmative were Senators:

Alien Balfour
Baugh
Blitch Boshears Brown of 26th

Glanton Gochenour
Guhl
Harbison Hemmer Hm

Parrish Perdue
Pollard
Ragan of llth Ragan of 32nd Ralston

SQeaek" Coleman
D ean Edge Egan Farrow Gillis

HHuggkisns Isakson Langford of 29th Madden Marable McGuire Middleton Newbill Oliver

RRaoybinson Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Bowen Broun of 46th

Henson Kemp

Langford of 35th Scott

On the passage of all the local bills, the yeas were 49, nays 0.
All the bills on the Senate Local Consent Calendar, having received the requisite consti tutional majority, were passed.
SENATE RULES CALENDAR
Monday, February 21, 1994
TWENTY-SIXTH LEGISLATIVE DAY
SB 469 County Boards of Family and Children Services--selection (Substitute) (H&HS--33rd) (Pursuant to Senate Rule 143, final passage of the bill was suspended on Febru ary 18, 1994.)
SB 560 Juveniles--community based risk reduction programs (Substitute) (S Judy--29th)
SB 456 Superior Court Clerks--custodian of office records (Substitute) (S Judy--24th) SB 558 Juvenile Proceedings--redefine unruly child (Substitute) (Judy--29th) SB 538 Appointment of Minor's Guardian--net settlement (Substitute) (Judy--42nd) SB 630 Bail bonds--approval of sureties (S Judy--3rd) SB 559 Juvenile Court--records to Superior Court judge before sentencing (Judy--29th) SB 399 Sex Offenders--register with sheriff upon release (Substitute) (Judy--6th) SB 499 Building Construction Codes--electrician's, plumber's bonds (Substitute)
(ST&I--33rd) SR 374 Senate Biomedical Technology Study Committee--create (Amendment)
(Rules--42nd)

MONDAY, FEBRUARY 21, 1994

863

SB 582 Fund Solicitation--when certain information must be provided (Substitute) (C Aff--1st).
SR 486 Unusable Chemicals--Agriculture Department develop disposal plan (Ag--llth)
SB 611 Charitable Solicitations--reports by law enforcement organizations (C Aff--55th)
SR 391 Commission on Minority Health Improvement--create (Substitute) (Rules--10th)
SB 571 Llama Activities--civil liability (Substitute) (Ag--54th)
HB 1214 Motor Vehicle Ad Valorem Return--false statements (F&PU--16th) Buck--135th
HB 1505 Workers' Compensation--rebuttable presumptions regarding injuries (Amend ment) (I&L--28th) Lane--146th
HB 1262 Environmental Protection Division Federal Grants--transfer of administration (Nat R--12th) Patten--176th
Respectfully submitted,
/s/ Scott of the 36th, Chairman Senate Rules Committee
The following general bill, having been read the third time and final action suspended on February 18, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage:

SB 469. By Senators Thompson of the 33rd, Oliver of the 42nd and Scott of the 36th:
A bill to amend Chapter 3 of Title 49 of the Official Code of Georgia Annotated, relating to local family and children services, so as to change the composition, qualifications, and manner of selecting county boards of family and children ser vices; to provide for terms and vacancies; to provide for a chairperson and vice chairperson; to provide for compensation and expenses; to provide for effective dates.

The Thompson substitute as amended on February 18, as it appears in the Journal of February 18, was automatically reconsidered and put upon its adoption.
Senator Middleton of the 50th offered the following amendment:
Amend the Thompson substitute to SB 469 by adding on page 2 line 24 the following after the word counselor, "school nurse or other qualified school system employee."
On the adoption of the amendment, the yeas were 39, nays 0, and the Middleton amendment to the Thompson substitute was adopted.
On the adoption of the Thompson substitute, the yeas were 42, nays 0, and the substi tute was adopted 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 Clay

Coleman Crotts Day Dean Edge Egan Farrow Gillis Glanton Gochenour

Guhl Harbison Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Madden

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JOURNAL OF THE SENATE

Marable McGuire Middleton Newbill Oliver Parrish Perdue

Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Slotin

Starr Taylor Thomas Thompson Turner Tysinger Walker

Voting in the negative were Senators Cheeks and Hemmer.

Those not voting were Senators:

Abernathy

Langford of 35th

Scott

On the passage of the bill, the yeas were 51, nays 2.
The bill, having received the requisite constitutional majority, was passed by substitute.
SB 560. By Senators Langford of the 29th, Kemp of the 3rd, Thompson of the 33rd and others:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for community based risk reduction programs and the establishment, requirements, and opera tion thereof by juvenile courts and courts exercising jurisdiction over juvenile matters; to provide for a definition; to provide for court orders and the contents and purpose thereof; to provide for case plans.
The Senate Special Judiciary Committee offered the following substitute to SB 560:
A BILL
To be entitled an Act to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for community based risk reduction programs and the establishment, requirements, and operation thereof by juvenile courts and courts exercising jurisdiction over juvenile matters; to provide for a definition; to provide for court orders and the contents and purpose thereof; to provide for case plans; to provide for participation in such plans and programs; to provide for early intervention plans and programs; to provide for practices and procedures; to provide for notices and hearings; to provide for the establishment of protocol agreements; to provide for research projects and participation therein; to provide for the sharing of otherwise confiden tial information and records for limited purposes and prevent the disclosure thereof; to pro hibit certain conduct; to provide for penalties; to provide for exceptions; to provide for other matters relating to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by adding at the end thereof a new Code Sec tion 15-11-66 to read as follows:
"15-11-66. (a) As used in this Code section, the term 'program' means a community based risk reduction program established pursuant to this Code section.
(b) Any court may by order establish within the geographical jurisdiction of the court a court approved community based risk reduction program for the purpose of utilizing availa ble community resources in assessment and intervention in cases of delinquency, depriva tion, or unruliness. Subject to the procedures, requirements, and supervision established in the order creating such program, any individual and any public or private agency or entity may participate in the program.

MONDAY, FEBRUARY 21, 1994

865

(c) In any jurisdiction within which a program has been established, when a child comes before the court for disposition in any case involving delinquency, deprivation, or unruliness, the court may order that an assessment be made of the child and the circumstances resulting in the child being before the court. The assessment would be developed by assem bling existing information and individualized plans of the agencies involved in providing services to the child and his or her family. The court may further order that, if the assess ment demonstrates a need therefor, a case plan may be developed by a panel representing community agencies as authorized by the court, which plan may be amended or revised from time to time by the court or by the panel taking into consideration requests for revi sion made by a parent, the parents, or a guardian. Upon request, the child or the parents, or both, may be present during any review of the child's case by the panel. Such case plan shall contain the proposed actions and alternatives for the proper and efficient use of available community resources to assist the child. The case plan shall be served on the child and the child's parent, parents, or guardian. Included with the case plan shall be a cover letter which contains the following information: (1) sources to explain to the recipient of the case plan the process, procedures, and penalties for not responding to the court order in the pre scribed time period; and (2) the deadline for responding to the court order and stating ob jections to the case plan or any portion thereof, which shall be ten days from the date of service. If no objection is made or if the child, parent, parents, or guardian consents to the case plan, the case plan shall be incorporated into and made a part of the disposition order entered in the case by entry of a supplemental order. The case plan may be modified by the court at any time the child is under the jurisdiction of the court. If a child or a parent or guardian objects to the case plan, the court shall conduct a hearing, at which the court may decline to adopt the case plan or may confirm or modify the case plan. In implementing a case plan, the court shall have available all of the protective powers set forth in Code Sec tion 15-11-57, without the necessity of a show cause hearing, unless objection is made to the case plan. Code Section 15-11-57 should provide interventions reasonably necessary to effect the appropriate treatment plan for the protection and benefit of the child.
(d) Notwithstanding any provision contained in this article, in this Code, or in any rule or regulation adopted by any department, board, or agency of the state to the contrary, the court and any individual, public or private agency, or other entity participating in a pro gram established pursuant to this Code section may exchange, as necessary, information, medical records, school records, records of adjudication, treatment records, and any other records or information which may aid in the assessment of and intervention with the chil dren and families in the program. Such information shall be used by such individuals and agencies only for the purposes provided in this Code section and as authorized by the court for the purpose of implementing the case plan and for the purposes permitted under each agency's own rules and regulations. Such information shall not be released to any other individual or agency except as may be necessary to effect the appropriate treatment or in tervention as provided in the case plan. Such information shall otherwise remain confiden tial and the court may punish any violations of confidentiality as contempt of court. Any person who authorizes or permits any person or agency not listed in Code Section 49-5-41, Code Section 19-7-5, or this Code section to have access to such records concerning reports of child abuse declared confidential by Code Section 49-5-40 shall be guilty of a misde meanor. Any person who knowingly and under false pretenses obtains or attempts to obtain records or reports of child abuse declared confidential by Code Section 49-5-40 or informa tion contained therein except as authorized by Code Section 49-5-41, Code Section 19-7-5, or this Code section shall be guilty of a misdemeanor. Records made confidential by Code Section 49-5-40 and information obtained from such records may not be made a part of any record which is open to the public except that a district attorney may use and make public that record or information in the course of any criminal prosecution for any offense which constitutes or results from child abuse. This Code section shall not abridge the provisions of Code Section 37-3-166, 37-4-125, or 37-7-166 relating to confidentiality of patient or client records and shall not serve to destroy or in any way abridge the confidential or privileged character thereof.
(e) (1) As part of a program, a court may implement or adopt an early intervention

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program designed to identify children and families who are at risk of becoming involved with the court through petitions alleging that a child is delinquent, deprived, or unruly. Such early intervention program shall be for the purpose of developing and implementing intervention actions or plans to divert the children and their families from becoming in volved in future cases in the court. The involvement of the judge of the court shall be for the limited purpose of facilitating the development of the program and for the purpose of protecting the confidentiality of the children and families participating in the program.
(2) As part of such an early intervention program, the court may enter into protocol agreements with school systems within the court's jurisdiction, the county department of family and children services, the county department of health, any state or local department or agency, any mental health agency or institution, local physicians or health care providers, licensed counselors and social workers, and any other social service, charitable, or other en tity or any individual functioning within the jurisdiction of the court and with any other agency or individual providing educational or treatment services to families and children within the jurisdiction of the court. Such protocol agreement shall authorize those persons and agencies entering into them to exchange confidential information in the same manner and subject to the same restrictions, conditions, and penalties as provided in subsection (d) of this Code section.
(3) When any agency or entity participating in a protocol agreement under this subsec tion identifies a child who is at risk of becoming delinquent, deprived, or unruly, the agency or entity shall refer the case to a multiagency staffing panel. The panel shall develop a multiagency intervention plan for the child. The child or the parents, or both, may be pre sent during any review of the child's case by the panel. The parents or guardian of the child shall be notified of the plan by the agency making the referral or by a person or entity designated by the panel to administer the program. The staff of the court, but not the judge, shall work with the other agencies involved to educate the parents and the child on the importance of following the plan and on the consequences if either the parents or the child is referred to the court. If an intervention plan is developed for a child and the parent or parents or guardian consents to the plan, the failure to comply with the plan or any portion thereof may constitute the basis for a referral to the department of family and children services as shall be provided in the protocol agreement.
(f) As a component of a program, the court, with the consent of, and in collaboration with the agencies described in this subsection, may authorize or approve research projects on methods to secure the most efficient and effective utilization of resources in confronting the issues facing children and their families. If the court authorizes or approves any such project, it shall be the duty of any person under the jurisdiction or supervision of the court, the county department of family and children services, the Department of Children and Youth Services, or any other state or local department or agency and any person receiving public assistance from a state or local agency, upon request of the court, to participate in such research project. Any research conducted pursuant to this subsection shall be con ducted in such a manner as to protect the dignity and the right of privacy of persons partic ipating in the research project.
(g) This Code section shall not authorize or require the inspection or release of confi dential information if that inspection or release would result in the loss of any federal funds to the state."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Glanton of the 34th moved that SB 560 be committed to the Senate Committee on Special Judiciary.
On the motion, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Balfour

Burton Day

Edge Glanton

MONDAY, FEBRUARY 21, 1994

867

Gochenour Guhl

McGuire Newbill

Ralston Tysinger

Those voting in the negative were Senators:

Abernathy Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Cp,heeks Coleman
Crotts D ean Egan
Farrow Gillis

Harbison Hemmer Henson Hill Hooks Muggins Igagon ,,Kemp Langfrd f 29th
Madden Marable Middleton
Oliver Parrish

Perdue Pollard Ragan of llth Ragan of 32nd Ray Robinson Scott <S-,l, o,t.m Starr
Taylor Thomas Thompson
Turner Walker

Not voting was Senator Langford of the 35th.
On the motion, the yeas were 12, nays 43, and the motion to commit SB 560 to the Senate Committee on Special Judiciary was lost.
Senators Perdue of the 18th and Isakson of the 21st offered the following amendment:
Amend the committee substitute to SB 560 by deleting on page 6 beginning with sec tion (f) line 28 through line 15 on page 7.
On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Farrow Gillis Glanton Gochenour Guhl Harbison Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable McGuire Middleton Newbill

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

Not voting were Senators Hemmer and Langford of the 35th.
On the adoption of the amendment, the yeas were 54, nays 0, and the Perdue and Isak son amendment to the committee substitute was adopted.

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Senator McGuire of the 30th offered the following amendment:
Amend the committee substitute to SB 560 by striking on page 5 line 3 beginning with (e) (1) through line 15 of page 7.
On the adoption of the amendment, the President ordered a roll call and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Balfour Boshears Burton

Day Edge Glanton Gochenour

Guhl McGuire Newbill Tysinger

Those voting in the negative were Senators:

Abernathy Baugh Blitch Bowen Broun of 46th Brown of 26th Cheeks Clay Crotts Dean Egan Farrow Gillis Harbison

Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable Middleton Oliver Parrish Perdue

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

Not voting were Senators Coleman and Langford of the 35th.
On the adoption of the amendment, the yeas were 12, nays 42, and the McGuire amend ment to the committee substitute was lost.
On the adoption of the substitute, the yeas were 48, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

Middleton Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Taylor Thomas

MONDAY, FEBRUARY 21, 1994

869

Thompson Turner

Tysinger

Walker

Those voting in the negative were Senators:

Edge Glanton

Gochenour Guhl

McGuire Newbill

Not voting was Senator Langford of the 35th.
On the passage of the bill, the yeas were 49, nays 6.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Thompson of the 33rd moved that SB 560 be immediately transmitted to the House.
On the motion, the yeas were 33, nays 4; the motion prevailed, and SB 560 was immedi ately transmitted.

SB 456. 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 the superior courts, so as to provide that the clerk of the superior court is the custodian of the records of his or her office; to provide for contracts relating to records or computer generated data and the re quirements related thereto.

The Senate Special Judiciary Committee offered the following substitute to SB 456:

A BILL
To be entitled an Act to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of the superior courts, so as to provide that the clerk of the superior court is the custodian of the records of his or her office; to provide for con tracts relating to records or computer generated data and the requirements related thereto; to provide for records of other courts where the clerk of the superior court also serves as clerk; to provide for contracts related thereto; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of the superior courts, is amended by adding at the end thereof a new Code Section 15-6-96 to read as follows:
"15-6-96. The clerk of the superior court is the custodian of the records of his or her office. Any contract to distribute, sell, or otherwise market records or computer generated data of the office of the clerk of the superior court for profit shall be made by the clerk of the superior court. If the clerk of the superior court also serves as the clerk of any other court, the provisions of this Code section shall be applicable to the records and data of such other court. A report summarizing contracts entered into pursuant to this Code section and revenues received therefrom shall be prepared by the clerk of the superior court and sub mitted to the governing authority of the county on a monthly basis."
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 29, nays 0, and the substitute was adopted.

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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 Balfour Baugh Blitch Boshears
BoBrOrooWwuenn" oofcf 4x2c66ttthuh Burton
Cheeks Qay Coleman Day Dean Edge Egan

Farrow Gillis Gochenour Guhl Harbison Hemmer
HTM ,,.e,,nso. n " u^ lns
KemP Langford of 29th Marable McGuire Middleton Newbill Oliver

Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray
RSc coob.ti,tnson foim
Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Crotts Glanton Hooks

Isakson Langford of 35th

Madden Parrish

On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
SB 558. By Senators Langford of the 29th, Kemp of the 3rd, Madden of the 47th and Baugh of the 25th: 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 change the definition of the term "unruly child" as used in said article; to change a cross reference.
The Senate Judiciary Committee offered the following substitute to SB 558:
A BILL
To be entitled an Act to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change the definition of the term "unruly child" as used in said article; to change a cross reference; to provide that certain persons shall not be detained as a result of certain findings; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by striking paragraph (12) of Code Section 1511-2, relating to definitions of terms used in said article, and inserting in lieu thereof a new paragraph (12) to read as follows:
"(12) 'Unruly child' means a child who:

MONDAY, FEBRUARY 21, 1994

871

(A) While subject to compulsory school attendance is habitually and without justifica tion truant from school;
(B) Is habitually disobedient of the reasonable and lawful commands of his parent, guardian, or other custodian and is ungovernable;
(C) While on school grounds during, immediately before, or immediately after school hours, while off school grounds at a school activity, function, or event, while en route to or from school on a school bus or other school vehicle, or while waiting off school grounds for a school bus or other school vehicle to transport a student to or from school or a school activ ity, is habitually disobedient of properly adopted school disciplinary policies or is habitually disobedient of the reasonable and lawful commands of a teacher, school administrator, bus driver, or other school official and such disobedience does or is likely to disrupt the conduct of a class or the school activity, function, or event or the transportation of students;
{} (D) Has committed an offense applicable only to a child;
{} (E) Without just cause and without the consent of his parent or legal custodian deserts his home or place of abode;
{E} (F) Wanders or loiters about the streets of any city, or in or about any highway or any pubfic~place, between the hours of 12:00 Midnight and 5:00 a.m.;
(F> (G) Disobeys the terms of supervision contained in a court order which has been directed to such child, who has been adjudicated unruly; or
{O> (H) Patronizes any bar where alcoholic beverages are being sold, unaccompanied by such child's parents, guardian, or custodian, or possesses alcoholic beverages; and
{H) (I) In any of the foregoing, is in need of supervision, treatment, or rehabilitation; or
$} (J) Has committed a delinquent act and is in need of supervision, but not of treat ment or rehabilitation."
Section 2. Said article is further amended by striking subsection (e) of Code Section 1511-20, relating to the place of detention; capital offenders; deprived children; and records of detention, and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) Allegation of unruliness. A child unruly or alleged to be unruly may be detained or placed in shelter care only in the facilities stated in paragraphs (1) and (2) of subsection (a) of this Code section or in a secure juvenile detention facility for a period not to exceed 72 hours; provided, however, upon written order of the judge having jurisdiction of the case and upon good cause shown, a child alleged to be unruly may be detained for one additional period not to exceed 48 hours; provided, further, that no child alleged to be or found to be unruly who has not previously been adjudicated unruly may be detained in a secure juvenile detention facility unless such child is alleged to be under the court's jurisdiction as provided in subparagraph {B} (E) of paragraph (12) of Code Section 15-11-2 and then shall be de tained in that facility only so long as is required to effect the child's return home or to ensure the child's presence at a scheduled court appearance when the child has previously failed to appear for a scheduled court appearance. In the event a child alleged to be unruly comes within the purview of the Interstate Compact on Juveniles and the proper authorities of a demanding state have made an official return request to the proper authorities of this state, the Interstate Compact on Juveniles shall apply to the child. Those youth identified as unruly in subparagraph (c) of paragraph (12) of Code Section 15-11-2 shall not be de tained as a result of such finding."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Langford of the 29th offered the following amendment:
Amend the committee substitute to SB 558 as follows:
Beginning on line 29, page 3, strike the following sentence: "Those youth identified as unruly in subparagraph (c) of paragraph (12) of Code Section 15-11-2 shall not be detained

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as a result of such finding." and insert: "Those youth alleged or found to be unruly in subparagraph (c) of paragraph (12) of Code Section 15-11-2 shall not be placed in secure deten tion as a result of such allegation or finding."
On the adoption of the amendment, the yeas were 38, nays 1, and the Langford amend ment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 40, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Farrow Gillis Glanton Gochenour
Guhl Harbison Hemmer Henson HHiolol ks Huggins Isakson Kemp
Langford of 29th Madden Marable McGuire Middleton

Newbill Oliver Perdue Pollard
Ragan of llth Ragan of 32nd Ralston R R"obu-inson Scott Slotln Starr
Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Langford of 35th

Parrish

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. Senator Robinson of the 16th, President Pro Tempore, assumed the Chair.
SB 538. By Senators Oliver of the 42nd, Ralston of the 51st and Farrow of the 54th: A bill to amend Chapter 4 of Title 29 of the Official Code of Georgia Annotated, relating to guardians of minors, so as to provide for a definition of net settlement; to provide for the jurisdiction of probate court judges in appointing guardians and temporary guardians; to provide for bonds of guardians appointed by the probate court.
The Senate Judiciary Committee offered the following substitute to SB 538:
A BILL To be entitled an Act to amend Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, so as to provide for definitions; to provide for authority of guardians; to provide for the jurisdiction of probate court judges in appointing guardians

MONDAY, FEBRUARY 21, 1994

873

and temporary guardians; to provide for bonds of guardians appointed by the probate court; 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 29 of the Official Code of Georgia Annotated, relating to guardian and ward, is amended by adding to Code Section 29-2-16, relating to power to compromise con tested or doubtful claims, new subsections to read as follows:
"(c) In the event the gross settlement amount for a minor child's claim is $5,000.00 or less, the natural guardian of said minor child may execute and deliver to the person or entity against whom the minor has a claim a release of said claim without becoming the legally qualified guardian of the property and without such guardian's action being ap proved by a court of record.
(d) If legal action has not been initiated, the judge of the probate court may, in his or her discretion, authorize any natural guardian to compromise and terminate any claim where the gross settlement amount approved by the court is over $5,000.00 but the net settlement amount is less than $10,000.00 without becoming the legally qualified guardian; provided, however, the natural guardian shall hold and use such money for the benefit of the child and shall be accountable for same. If legal action has not been initiated and the net settlement is $10,000.00 or greater, the natural guardian must apply to become the le gally qualified guardian and the proposed settlement must be submitted to the probate court for review.
(e) If legal action has been initiated through a natural guardian as next friend, a settle ment is proposed, and the gross settlement amount approved by the court is over $5,000.00 but the net settlement is less than $10,000.00, the judge before whom such action is pending may, in his or her discretion, authorize such natural guardian to compromise and terminate such claim and to receive any sums paid pursuant to a compromise or judgment without becoming the legally qualified guardian by the probate court; provided, however, the natural guardian shall hold and use such money for the benefit of the child and shall be accountable for same.
(f) If legal action has been initiated through a natural guardian as next friend and a settlement has been proposed under subsection (e) of this Code section and the net settle ment amount is $10,000.00 or greater, or where the trial judge otherwise requires a legally qualified guardian, the natural guardian shall apply to become the legally qualified guardian and shall file with the judge of the probate court an initial bond payable to the probate court in an amount set by the trial judge prior to compromising or terminating such claim or receiving any sums paid pursuant to a compromise or judgment.
(g) If no legal action has been instituted concerning a claim of a minor against any person or entity, a guardian who is not the natural guardian must obtain the approval of the probate court before compromising such claim; if legal action has been instituted concerning a claim of a minor against any person or entity, a guardian who is not the natural guardian must obtain the approval of the judge before whom the action is pending before compromis ing such claim. Either court may appoint a guardian ad litem to look into the best interest of the minor before approving a compromise claim.
(h) If legal action has been instituted and the guardian and the defendant in such ac tion have agreed upon a settlement, the guardian may not dismiss the action so that the claim may be presented to the probate court for approval; if legal action has been instituted, the settlement must be approved by the judge of the trial court.
(i) Any settlement entered consistent with the provisions of this Code section shall be final and binding upon all parties, including the minor child.
(j) The term 'net settlement' shall mean the gross settlement less attorneys' fees, ex penses of litigation, and any liens for unpaid medical expenses for the ward. For purposes of determining whether a court must review the settlement, the 'gross settlement' shall include

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the present value of amounts received after majority, but for purposes of whether a guard ian of the property is necessary, 'gross settlement' and 'net settlement' shall not include amounts to be received after majority."
Section 2. Said title is further amended by striking subsection (d) of Code Section 29-42, relating to who are natural guardians of minors, which reads as follows:
"(d) Notwithstanding any provision in this Code section to the contrary, if the claim of a minor child arises from a personal injury sustained by such child, the following provisions shall apply:
(1) In the event the amount of the settlement for the minor child's personal injuries is $5,000.00 or less, the natural guardian of said minor child may execute and deliver to the tort-feasor a release of said claim without becoming the legally qualified guardian of the property and without such guardian's action being approved by a court of record;
(2) If legal action has not been initiated, the judge of the probate court may, in his discretion, authorize any natural guardian to compromise and terminate any claim where the amount of the settlement approved by the court is at least $5,001.00 but not exceeding $10,000.00 without becoming the legally qualified guardian; provided, however, the natural guardian shall hold and use such money for the benefit of the child and shall be accountable for same;
(3) If legal action has been initiated against the tort-feasor for recovery of damages through a natural guardian as next friend, a settlement is proposed, and the amount of the settlement approved by the court is at least $5,001.00 but not exceeding $10,000.00, the judge before whom such action is pending may, in his discretion, authorize such natural guardian to compromise and terminate such claim and to receive any sums paid pursuant to a compromise or judgment without becoming the legally qualified guardian by the probate court; provided, however, the natural guardian shall hold and use such money for the bene fit of the child and shall be accountable for same. In cases in which the settlement exceeds $10,000.00 or where the trial judge otherwise requires a legally qualified guardian, the natu ral guardian shall apply to become the legally qualified guardian and shall file with the judge of the probate court an initial bond payable to the probate court in an amount set by the trial judge prior to compromising or terminating such claim or receiving any sums paid pursuant to a compromise or judgment; and
(4) Any settlement entered consistent with the provisions of this Code section shall be final and binding upon all parties, including the minor child.",
in its entirety.
Section 3. Said title is further amended by striking subsection (a) of Code Section 29-44, relating to appointment of guardian by the judge of the probate court, in its entirety and inserting in its place the following:
"(a) The judge of the probate court of the county in which a minor having no guardian is domiciled shall have the power to appoint a guardian of the person and property, or either, of the child. Concurrently, the probate court where the minor is found shall have jurisdiction unless an interested party requests that the case be transferred to the county of the minor's domicile."
Section 4. Said title is further amended by striking subsection (a) of Code Section 29-44.1, relating to appointment of temporary guardian, in its entirety and inserting in its place the following:
"(a) (1) The judge of the probate court of the county in which the person having actual physical custody of the minor resides minor is found shall have the power to appoint a temporary guardian of the person or property, or both, of the minor when the actual where abouts of one or both of the minor's natural guardians are unknown or when the minor is alleged by the person having actual custody of such minor to be in need of a guardian and one or both of the natural guardians fail to sign a relinquishment of guardianship rights. No

MONDAY, FEBRUARY 21, 1994

875

temporary guardian shall be appointed unless proper notice as required in this Code section is given or if objection is filed by a natural guardian.
(2) If such minor is above the age of 14 years before a temporary guardian is appointed, the minor shall have the privilege of selecting a temporary guardian himself. If the selection is judicious, the judge of the probate court shall appoint the temporary guardian so selected. Having once exercised this privilege, the ward may not do so again except upon cause shown for the removal of the temporary guardian first selected."
Section 5. Said title is further amended by striking subsection (b) of Code Section 29-412, relating to bond of appointed guardians, in its entirety and inserting in its place the following:
"(b) A guardian appointed by the judge of the probate court shall give bond when so required with good and sufficient security, approved by the judge of the probate court and payable to the judge and his or her successors; provided, however, at the discretion of the judge of the probate court, no bond may be required when no cash funds will be received by the guardian during the ward's minority or where the only assets are real estate. If the guardian is for the person only, the court, in its discretion, may dispense with the requirement that the guardian give bond; and, in the event that bond is required, it shall not exceed $1,000.00. If the guardian is for the property or for the person and property of the ward, the court shall require before the issuance of letters of guardianship that the guardian give bond and security in double the supposed value of the ward's estate, provided that, if the bond is secured by a licensed commercial surety authorized to transact business in this state, the guardian may give bond in an amount equal to the value of the estate."
Section 6. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 39, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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 Guhl Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable McGuire

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

Those not voting were Senators:

Abernathy Langford of 35th

Parrish Robinson (presiding)

Taylor

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On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute.

SB 630. By Senators Kemp of the 3rd, Pollard of the 24th and Baugh of the 25th:
A bill to amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to provide for approval of sureties; to provide for written rules and regulations defining acceptable sureties; to provide for the publishing of such rules and regulations by the sheriffs of the state; to provide for requirements; to provide for real property bonds; to provide for quali fications of bondspersons.

Senator Kemp of the 3rd offered the following amendment:
Amend SB 630 by inserting on page 2 line 34 after the word "collateral" the words "or surety".
On the adoption of the amendment, the yeas were 43, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, 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
Broun of 46th Brown of 26th Burton Cheeks
Coleman Crotts Day Dean Edge Farrow

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

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

Those not voting were Senators:

Egan Langford of 35th

Parrish

Robinson (presiding)

On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed as amended.
SB 559. By Senators Langford of the 29th, Kemp of the 3rd, Thompson of the 33rd and others: A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that certain juvenile

MONDAY, FEBRUARY 21, 1994

877

court records and juvenile law enforcement records shall be made available, after conviction and prior to sentencing, to the judge of the superior court, to provide that certain information and records shall not be revealed to the public and shall be sealed.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
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 CClhaeyeks Coleman
Crotts Day Dean Edge Farrow

Gillis Glanton Gochenour Guhl Harbison Hemmer Henson Hill Hooks IHsaukgsgoinns Kemp
Langford of 29th Madden Marable McGuire Middleton

Newbill Oliver Perdue Pollard Ragan of llth Ragan of 32nd
o ^l?otm" btarr
Taylor Thompson Turner Tysinger Walker

Those not voting were Senators:

Blitch Egan

Langford of 35th Parrish

Robinson (presiding) Thomas

On the passage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 399. By Senators Boshears of the 6th and Kemp of the 3rd:
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to provide for definitions; to provide for the registration of sex offenders with the sheriff and transmission of certain informa tion to certain municipal police departments and the Georgia Crime Information Center; to provide for the crime of failure to register as a sex offender and a penalty.
The Senate Judiciary Committee offered the following substitute to SB 399:
A BILL
To be entitled an Act to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to provide for the registration of sex offenders with the sheriff and the transmission of certain information to certain municipal police de partments; to provide for legislative intent; to define certain terms; to provide for the crime of failure to register as a sex offender; to provide a penalty; to provide that the register of sex offenders maintained by the sheriff shall be a public record subject to inspection by the public; to provide that a person shall not be required to register as a sex offender upon

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being granted a pardon or after a certain period of time in which the person has not had an additional conviction of a predatory sex crime; to provide for related matters; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, is amended by adding, following Code Section 16-6-24, a new Code Section 16-6-25 to read as follows:
"16-6-25. (a) The legislative purposes of this Code section is to protect the public from those predatory, violent, habitual sex offenders who cannot be rehabilitated and who cannot be cured of the propensity to commit such predatory, violent sexual offenses by identifying those persons who have been convicted of such offense or offenses in the last ten years or released from prison after such a conviction in the last ten years, whichever is longer, so that peace officers, judicial officers, and the public can easily identify such persons in the community in order to guard against sex crimes and to investigate sex crimes. The offenses of rape, aggravated sodomy, sexual battery, child molestation, aggravated sexual battery, and enticing a child for indecent purposes generally are committed by repeat offenders who commit subsequent similar offenses.
(b) As used in this Code section, the term:
(1) 'Predatory sex crime' means a conviction for violation of Code Section 16-6-1, relat ing to rape; Code Section 16-6-2, relating to aggravated sodomy; Code Section 16-6-4, relat ing to child molestation; Code Section 16-6-5, relating to enticing a child for indecent pur poses; Code Section 16-6-22.1, relating to sexual battery; or Code Section 16-6-22.2, relating to aggravated sexual battery; or a conviction in a federal court or court of another state or territory for a felony offense which under the laws of this state would be classified as a violation of a Code section listed in this paragraph.
(2) 'Sex offender' means any person 17 years of age or older who has been convicted of a predatory sex crime as defined in paragraph (1) of this Code section within the immediately preceding ten years or who has been released from prison within the past ten years after such a conviction.
(c) Each sex offender shall register with the sheriff of the county of the person's resi dence 60 days after the person moves into said county or within 30 days of a conviction of a predatory sex crime if the person is already a resident of the county. The offender shall provide the sheriff with the following information when registering:
(1) Name;
(2) Address;
(3) Telephone number;
(4) Date and place of birth;
(5) Place of employment;
(6) Predatory sex crime or crimes for which convicted;
(7) Date and place of conviction;
(8) Sentence or sentences received;
(9) Aliases used; and
(10) Social security number.
The sheriff shall provide a copy of the information of registration to each municipal police department in the county.
(d) If a sex offender moves to another county, the person shall register with the sheriff in the county of new address within 60 days of moving into said county where the person

MONDAY, FEBRUARY 21, 1994

879

intends to reside, even temporarily, and send written notice of the new address to the sheriff of the county where the offender was previously registered.
(e) A sex offender shall, upon release from prison or placement on probation, register with the sheriff of the county of such person's legal residence within 60 days following such release or within six months after July 1, 1994, in case such person was released or probated prior to such date and has not been granted a pardon with respect to such offense. Sex offenders who move into this state from another state shall register within 60 days of arriv ing in this state in the county where the person intends to reside.
(f) The register of sex offenders maintained by the sheriff shall be considered a public record within the meaning of Code Section 50-18-70 and shall be subject to inspection by the general public.
(g) A person commits the crime of failure to register as a sex offender when the person has been convicted of a predatory sex crime and knowingly fails to register as provided in this Code section without reasonable justification or fails to provide accurate information in such registration. A person convicted of failure to register as a sex offender as required by this Code section shall be punished by imprisonment for not less than one nor more than two years.
(h) After a person has been granted a pardon in connection with a predatory sex crime or has had no additional predatory sex crime conviction within the period of ten years fol lowing release from prison for such offense, whichever occurs last, such person shall no longer be required to register under the provisions of this Code section."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 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 Farrow Gillis Glanton Gochenour Guhl Harbison Hemmer Henson Hooks Huggins Isakson Kemp Langford of 29th Madden Marable

McGuire Middleton Newbill Oliver Pollard Ragan of llth Ragan of 32nd Ralston Ray Slotin Starr Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Egan Hill Langford of 35th

Parrish Perdue Robinson (presiding)

Scott 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.

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SB 499. By Senator Thompson of the 33rd:
A bill to amend Code Section 43-14-12 of the Official Code of Georgia Annotated, relating to the suspension of, or refusal to restore, licenses and certificates by municipal or county inspection authorities with respect to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility con tractors, so as to authorize a person licensed under Chapter 14 of Title 43, to execute and deposit a bond in the county of such licensee's principal place of business conditioned upon the work of the licensee complying with any ordi nances or building and construction codes of any county or municipal corpora tion wherein the work of the licensee is performed; to provide for actions on the bond; to limit the liability of sureties.
The Senate Science, Technology, and Industry Committee offered the following substi tute to SB 499:
A BILL
To be entitled an Act to amend Code Section 43-14-12 of the Official Code of Georgia Annotated, relating to the suspension of, or refusal to restore, licenses and certificates by municipal or county inspection authorities with respect to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to author ize a licensed conditioned air contractor or a licensed plumber to execute and deposit a bond in the county of such licensee's principal place of business conditioned upon the work of the licensee complying with any ordinances or building and construction codes of any county or municipal corporation wherein the work of the licensee is performed; to provide for actions on the bond; to limit the liability of sureties; to prohibit any county or munici pality from requiring any licensed conditioned air contractor or licensed plumber who has executed and deposited a certain bond in the county of such licensee's principal place of business to give or furnish any code compliance bond or similar bond for the purpose of ensuring that all construction, installation, or modifications are made or completed in com pliance with the county or municipal ordinances or building and construction codes; to re quire a licensed conditioned air contractor or licensed plumber to file a copy of a required bond with the building official in the political subdivision wherein the work is being per formed; to provide for the applicability and effect of this Act with respect to bonding re quirements involving contracts for public works as provided in Chapter 10 of Title 13; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 43-14-12 of the Official Code of Georgia Annotated, relating to the suspension of, or refusal to restore, licenses and certificates by municipal or county in spection authorities with respect to electrical contractors, plumbers, conditioned air contrac tors, low-voltage contractors, and utility contractors, is amended by striking subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) (1) This chapter shall not be construed to prohibit the governing authority of any county or municipality in the state from adopting and enforcing codes at the local level; provided, however, that no county or municipality may require any licensed conditioned air contractor or licensed plumber who has executed and deposited a bond as authorized in paragraph (2) of this subsection to give or furnish or execute any code compliance bond or similar bond for the purpose of ensuring that all construction, installation, or modifications are made or completed in compliance with the county or municipal ordinances or building and construction codes.
(2) In order to protect the public from damages arising from any work by a licensed conditioned air contractor or licensed plumber, which work fails to comply with the ordi nances or building and construction codes adopted by any county or municipal corporation,

MONDAY, FEBRUARY 21, 1994

881

any such licensed conditioned air contractor or licensed plumber may execute and deposit with the judge of the probate court in the county of his or her principal place of business a bond in the sum of $10,000.00. Such bond shall be a cash bond of $10,000.00 or executed by a surety authorized and qualified to write surety bonds in the State of Georgia and shall be approved by the judge of the probate court. Such bond shall be conditioned upon all work done or supervised by such licensee complying with the provisions of any ordinances or building and construction codes of any county or municipal corporation wherein the work is performed. Action on such bond may be brought against the principal and surety thereon in the name of and for the benefit of any person who suffers damages as a consequence of said licensee's work not conforming to the requirements of any ordinances or building and con struction codes; provided, however, that the aggregate liability of the surety to all persons so damaged shall in no event exceed the sum of such boiidT
(3) In any case where a bond is required under this subsection, the conditioned air contractor or plumber shall file a copy of the bond with the building official in the political subdivision wherein the work is being performedT
(4) The provisions of this subsection shall not apply to or affect any bonding requirements involving contracts for public works as provided in Chapter 10 of Title 13."
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 39, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch Boshears
Bowen Broun of 46th BnBruorwt, onn of 26th Cheeks
Coleman Crotts Day Dean Edge

Egan Farrow Gillis
Glanton Gochenour Guhl
Harbison Hemmer ,,H,,.enson Ho"oks Huggins Isakson Kemp Langford of 29th Madden

Marable
McGuire Newbill
Oliver Perdue Pollard

Ragan of llth

R

f 32nd

DRDaflst. on

Scoytt

Slotin

Thomas

Thompson

Turner

Tysinger

Those not voting were Senators:

Langford of 35th Middleton Parrish

Robinson (presiding) Starr

Taylor 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.

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Senator Boshears of the 6th introduced the doctor of the day, Dr. Diane Campbell, Jesup, Georgia.

SR 374. By Senators Oliver of the 42nd, Tysinger of the 41st, Robinson of the 16th and Perdue of the 18th:
A resolution creating the Senate Biomedical Technology Study Committee.

The Senate Rules Committee offered the following amendment:
Amend SR 374 by striking on line 23 of page 1 the word "Three" and inserting in its place the following:
"Four".
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 adoption of the resolution as amended, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Langford of 35th Parrish

Robinson (presiding) Starr

Walker

On the adoption of the resolution, the yeas were 51, nays 0.
The resolution, having received the requisite constitutional majority, was adopted as amended.
SB 582. By Senators Coleman of the 1st, Hill of the 4th, Thompson of the 33rd and Crotts of the 17th: A bill to amend Chapter 17 of Title 43 of the Official Code of Georgia Annotated, relating to charitable solicitations, so as to provide that any person soliciting

MONDAY, FEBRUARY 21, 1994

883

funds in any manner other than face to face solicitation shall provide certain information to persons solicited; to provide for legislative intent; to define a cer tain term.
The Senate Consumer Affairs Committee offered the following substitute to SB 582:
A BILL
To be entitled an Act to amend Chapter 17 of Title 43 of the Official Code of Georgia Annotated, relating to charitable solicitations, so as to provide that any person soliciting funds in any manner other than face to face solicitation shall upon request provide certain information to persons solicited; to provide for legislative intent; to define a certain term; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 17 of Title 43 of the Official Code of Georgia Annotated, relating to charitable solicitations, is amended by designating Code Sections 43-17-1 through 43-17-23 as Article 1 of said chapter, by striking wherever the same shall appear in the chapter the term "chapter" and inserting in lieu thereof in each such place the term "article," and ad ding at the end of said chapter a new Article 2 to read as follows:
"ARTICLE 2
43-17-30. It is the intent of the General Assembly to make available to the general public information which pertains to the solicitation of funds via telemarketing or printed materials or by air wave formats.
43-17-31. As used in this article, the term:
(1) 'Charitable organization' means any benevolent, philanthropic, patriotic, or eleemos ynary (of, relating to, or supported by charity or alms) person, as that term is defined in this Code section, who solicits or obtains contributions solicited from the general public, any part of which contributions is used for charitable purposes; and any person who or which falsely represents himself or itself to be a charitable organization as defined by this para graph. The term charitable organization shall not include religious agencies and organiza tions and charities, agencies, and organizations operated, supervised, or controlled by or in connection with a religious organization.
(2) 'Person* means an individual, a corporation, a partnership, an association, a labor organization or association, a joint-stock company, a trust, or any unincorporated organization.
(3) 'Solicitation,' 'solicitation of funds,' or 'solicit' means the request or acceptance di rectly or indirectly of money, credit, property, financial assistance, or any other thing of value to be used for any charitable purpose; and such act shall be a consumer act or practice or consumer transaction as defined by Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975.'
43-17-32. All persons soliciting funds in any manner other than face to face solicitation must, upon request from the person being solicited, provide to the persons solicited the following:
(1) The full name of the person making the solicitation;
(2) If such solicitation is made via printed materials, such materials must contain the full name of the person making the solicitation in a conspicuous manner, utilizing print which shall not be smaller than eight-point type in Helvetica font;
(3) The full name of those charitable organizations for which the solicitation of funds is made;
(4) Whether or not the donation is tax deductible and what percentage, if any, is tax deductible; and

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(5) If requested, the person making the solicitation must provide each donor a written copy of the disbursement of funds, including:
(A) A list of all those charitable organizations for which the solicitation of funds is made;
(B) The operating cost;
(C) All fees paid to outside services including telemarketing firms, radio and television stations, newspapers, and any other organizations donating time or labor; and
(D) A percentage breakdown of the disbursement of the solicited funds to each charita ble organization.
43-17-33. Any person violating the provisions of this article shall be subject to the en forcement and penalty provisions of Code Section 43-17-13."
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:

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

Farrow Gillis Glanton Gochenour Guhl Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Marable McGuire Middleton

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

Those not voting were Senators:

Cheeks Langford of 35th

Madden Parrish

Robinson (presiding)

On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute.
SR 486. By Senators Ragan of the llth, Hemmer of the 49th, Pollard of the 24th and others: A resolution urging the Department of Agriculture to develop an ongoing plan of action to dispose of unusable chemicals.

MONDAY, FEBRUARY 21, 1994

885

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 B,,Bruorwt, onn of 26th Cheeks Clay Coleman Crotts Day Dean
Edge Egan

Farrow Gillis Glanton Gochenour Guhl Harbison Hemmer HTHTie.l.n.l son Hooks Huggins Isakson Kemp Langford of 29th Madden
Marable McGuire

Middleton Newbill Oliver Perdue Pollard Ragan of nth Ragan of 32nd 0K1al*ston
Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Langford of 35th

Parrish Robinson (presiding)

Starr Walker

On the adoption of the resolution, the yeas were 50, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

SB 611. By Senator Henson of the 55th:
A bill to amend Chapter 17 of Title 43 of the Official Code of Georgia Annotated, known as the "Georgia Charitable Solicitations Act of 1988," so as to provide for definitions; to provide for the filing of reports by law enforcement related organi zations; to provide for the confidentiality of certain information; to provide for penalties.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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 Guhl Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp

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Langford of 29th Madden Marable MMcidGduleirteon
Newbill
Oliver
Perdue

Pollard Ragan of llth Ragan of 32nd ,R, al, st. on
Ray
Scott
Slotin

Those not voting were Senators:

Alien Langford of 35th

Parrish

Starr Taylor Thomas T,,,hompson Turner Tysinger Walker
Robinson (presiding)

On the passage of the bill, the yeas were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SR 391. By Senators Thomas of the 10th, Scott of the 36th, Walker of the 22nd and others: A resolution creating the Commission on Minority Health Improvement.
The Senate Rules Committee offered the following substitute to SR 391:
A RESOLUTION
Creating the Commission on Minority Health Improvement; and for other purposes.
WHEREAS, as used in this resolution, the term "minority" means any person who is:
(1) An African American, a person having origins in any of the racial groups of Africa;
(2) A Hispanic American, a person of Spanish or Portuguese culture with origins in Mexico, South America, Central America, or the Caribbean, regardless of race;
(3) An Asian American, a person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands; or
(4) A Native American, a person who has origins in any of the Indian tribes of North America; and
WHEREAS, the health status of individuals from ethnic and minority communities in this state is significantly lower than the health status of the general population of the state; and
WHEREAS, minorities suffer disproportionately high rates of cancer, stroke, heart dis ease, diabetes, sickle cell anemia, lupus, substance abuse, acquired immune deficiency syn drome, tuberculosis, other diseases and disorders, unintentional injuries, intentional injuries, and suicide; and
WHEREAS, the incidence of infant morbidity and mortality among minorities is al most double that of the general population; and
WHEREAS, minorities suffer disproportionately from lack of access to health care, ef fective disease prevention services, and poor living conditions; and
WHEREAS, minorities are underrepresented in the health care professions; and
WHEREAS, national experts on minority health report that access to health care among minorities can be substantially improved by increasing the number of minority health professionals; and

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887

WHEREAS, increasing the number of minorities serving on the faculties of health pro fessional schools is an important factor in attracting minorities to pursue careers in health professions; and
WHEREAS, retaining minority health professionals currently practicing in the state and those receiving training and education in the state is an important factor in maintaining and increasing the number of minority health professionals in Georgia; and
WHEREAS, establishing a Commission on Minority Health Improvement is necessary to address the health issues affecting minorities in the state.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Commission on Minority Health to be composed of 21 members as follows:
(1) Three members of the Senate appointed by the President of the Senate, one of whom represents a district which is substantially rural;
(2) Three members of the House of Representatives appointed by the Speaker of the House of Representatives, one of whom represents a district which is substantially rural;
(3) The director, or designee thereof, of the Office of Planning and Budget;
(4) The Chancellor of the Board of Regents of the University System of Georgia, or designee thereof;
(5) The executive director, or designee thereof, of the State Health Planning Agency;
(6) The director, or designee thereof, of the Division of Public Health of the Depart ment of Human Resources;
(7) The commissioner, or designee thereof, of the Department of Medical Assistance; and
(8) The President of the Senate and the Speaker of the House of Representatives shall each appoint five persons knowledgeable in the area of health care as follows: two African Americans, one of whom is to be selected from a rural community; one Hispanic American, one Asian American, and one Native American.
The President of the Senate and the Speaker of the House of Representatives shall each designate a member appointed from his respective legislative body to serve as cochairperson.
BE IT FURTHER RESOLVED that members of the commission shall be appointed within 30 days after the effective date of this resolution. Vacancies on the commission shall be filled in the same manner as the initial appointments to the commission were made. Any person so appointed shall be from the same category as the former member.
BE IT FURTHER RESOLVED that it shall be the duty of the commission to:
(1) Examine the following areas as they relate to the status of minority health:
(A) Access to health care;
(B) Demographic factors;
(C) Environmental factors;
(D) Financing of health care;
(E) Health behavior;
(F) Health knowledge;
(G) Utilization of quality care; and
(H) Minorities in health care professions;
(2) Develop monitoring, tracking, and reporting mechanisms for programs and services with minority health goals and objectives;

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(3) Contact local health departments, community based organizations, voluntary health organizations, and other public and private organizations state-wide, on an ongoing basis, to learn more about their services to the minority communities, the health problems of minor ity communities, and their ideas for improving minority health;
(4) Promote communication among all state agencies that provide services to minority populations;
(5) Build coalitions with leadership in minority communities;
(6) Encourage training, recruitment, and retention of minority health professionals;
(7) Improve methods for collecting and reporting culturally appropriate data on minor ity health;
(8) Improve accessibility to health and medical care for minority populations in underserved rural and urban areas;
(9) Reduce communication barriers for non-English speaking residents;
(10) Serve as a liaison to other states, the federal government, and national organiza tions; and
(11) Coordinate the development and dissemination of culturally appropriate and sensi tive education material, public awareness messages, and health promotion programs for minorities.
BE IT FURTHER RESOLVED that the Commission on Minority Health Improvement shall submit an interim report to the Speaker of the House of Representatives and the Pres ident of the Senate no later than September 1, 1994. The report shall include an update on the progress of the commission, any recommended statutory changes required by the com mission to complete its mission, and any other recommendations the commission has adopted prior to submission of the interim report. The commission shall submit a final re port to the Speaker of the House of Representatives and the President of the Senate no later than December 1, 1994. The report shall include:
(1) An evaluation of the health status of minorities in the state;
(2) An evaluation of minority access to health care in the state;
(3) Recommendations for improving the health status of minorities in the state;
(4) Recommendations for increasing minority access to health care in the state;
(5) Recommendations for increasing minority participation in the procurement policies of the health care industry;
(6) Recommendations for increasing the number of minority health professionals in the state; and
(7) Recommendations for establishing a center or office of minority health that will ensure that the health status of minorities in the state continues to be addressed beyond the expiration of the commission.
BE IT FURTHER RESOLVED that each officer, board, commission, council, depart ment, or agency of state government and each political subdivision of the state shall, when not inconsistent with any law, rule, or regulation regarding confidentiality, make available all facts, records, information, and data requested by the commission and in all ways coop erate with the commission in carrying out the functions and duties imposed by this resolution.
BE IT FURTHER RESOLVED that the commission may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exer cise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. Legislative members shall receive the expenses and allowances authorized for legislative members of interim legislative committees. Members of the com mission who are employees of the state shall receive no compensation for their services on

MONDAY, FEBRUARY 21, 1994

889

the commission, but they shall be reimbursed for expenses incurred by them in the perform ance of their duties as members of the commission. The funds necessary for the reimburse ment of the expenses of any state employee, other than legislative members, shall come from funds appropriated to or otherwise available to the respective department of that em ployee. All other funds necessary to carry out the provisions of this resolution shall come from the funds of the legislative branch of government. The commission shall meet no more than ten calendar days per year. The commission shall stand abolished on December 1, 1994.
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 Balfour Baugh Blitch Boshears
Bwen Broun of 46th
RtiuurtZon, Cheeks Coleman Crotts Day )ean Egan Farrow Gillis

Glanton Gochenour Harbison Hemmer Henson
Hill Hooks
HT TM ! Isakson KemP Langford of 29th Madden Marable McGuire Middleton Newbill

Oliver Perdue Pollard Ragan of llth Ragan of 32nd
Ralston R
Snicojt-t flotm Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Alien Clay Edge

Guhl Langford of 35th

Parrish Robinson (presiding)

On the adoption of the resolution, the yeas were 49, nays 0.
The resolution, having received the requisite constitutional majority, was adopted by substitute.
SB 571. By Senators Farrow of the 54th and Clay of the 37th:
A bill to amend Chapter 12 of Title 4 of the Official Code of Georgia Annotated, relating to limitation on civil liability of those engaged in equine activities, so as to provide for limitation on civil liability of llama activity sponsors, llama profes sionals, and those engaged in llama activities; to provide for intent; to provide for and change definitions; to provide for exceptions.
The Senate Agriculture Committee offered the following substitute to SB 571:

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JOURNAL OF THE SENATE

A BILL
To be entitled an Act to amend Chapter 12 of Title 4 of the Official Code of Georgia Annotated, relating to limitation on civil liability of those engaged in equine activities, so as to provide for limitation on civil liability of llama activity sponsors, llama professionals, and those engaged in llama activities; to provide for intent; to provide for and change defini tions; to provide for exceptions; to require the posting of certain warning notices or signs; to require certain notices in contracts; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 12 of Title 4 of the Official Code of Georgia Annotated, relating to limitation on civil liability of those engaged in equine activities, is amended by striking Code Section 4-12-1, relating to legislative findings, and inserting in lieu thereof a new Code Section 4-12-1 to read as follows:
"4-12-1. The General Assembly recognizes that persons who participate in equine activ ities or llama activities may incur injuries as a result of the risks involved in such activities. The General Assembly also finds that the state and its citizens derive numerous economic and personal benefits from such activities. The General Assembly finds, determines, and declares that this chapter is necessary for the immediate preservation of the public peace, health, and safety. It is, therefore, the intent of the General Assembly to encourage equine activities and llama activities by limiting the civil liability of those involved in such activities."
Section 2. Said chapter is further amended by striking Code Section 4-12-2, relating to definitions, and inserting in lieu thereof a new Code Section 4-12-2 to read as follows:
"4-12-2. As used in this chapter, the term:
(1) 'Engages in a llama activity' means riding, training, assisting in providing medical treatment of, driving, or being a passenger upon a llama, whether mounted or unmounted, or any person assisting a participant or show management. The term 'engages in a llama activity' does not include being a spectator at a llama activity, except in cases where the spectator places himself or herself in an unauthorized area and in immediate proximity to the llama activity!
(i) (2) 'Engages in an equine activity' means riding, training, providing or assisting in providing medical treatment of, driving, or being a passenger upon an equine, whether mounted or unmounted, or any person assisting a participant or show management. The term 'engages in an equine activity' does not include being a spectator at an equine activity, except in cases where the spectator places himself or herself in an unauthorized area and in immediate proximity to the equine activity.
{3} (3) 'Equine' means a horse, pony, mule, donkey, or hinny.
(3) (4) 'Equine activity' means:
(A) Equine shows, fairs, competitions, performances, or parades that involve any or all breeds of equines and any of the equine disciplines, including, but not limited to, dressage, hunter and jumper horse shows, grand prix jumping, three-day events, combined training, rodeos, driving, pulling, cutting, polo, steeplechasing, English and western performance rid ing, endurance trail riding and western games, and hunting;
(B) Equine training or teaching activities, or both;
(C) Boarding equines;
(D) Riding, inspecting, or evaluating an equine belonging to another, whether or not the owner has received some monetary consideration or other thing of value for the use of the equine or is permitting a prospective purchaser of the equine to ride, inspect, or evaluate the equine;

MONDAY, FEBRUARY 21, 1994

891

(E) Rides, trips, hunts, or other equine activities of any type however informal or im promptu that are sponsored by an equine activity sponsor;
(F) Placing or replacing horseshoes on an equine; and
(G) Examining or administering medical treatment to an equine by a veterinarian.
44} (5) 'Equine activity sponsor' means an individual, group, club, partnership, or corpo ration, whether or not the sponsor is operating for profit or nonprofit, which sponsors, or ganizes, or provides the facilities for an equine activity, including, but not limited to, pony clubs; 4-H clubs; hunt clubs; riding clubs; school and college sponsored classes, programs, and activities; therapeutic riding programs; and operators, instructors, and promoters of equine facilities, including, but not limited to, stables, clubhouses, ponyride strings, fairs, and arenas at which the activity is held.
{&} (6) 'Equine professional' means a person engaged for compensation in:
(A) Instructing a participant or renting to a participant an equine for the purpose of riding, driving, or being a passenger upon the equine;
(B) Renting equipment or tack to a participant; or
(C) Examining or administering medical treatment to an equine as a veterinarian.
46} (7) 'Inherent risks of equine activities' and 'inherent risks of llama activities' means those dangers or conditions which are an integral part of equine activities or llama activities, as the case may be, including, but not limited to:
(A) The propensity of an equine the animal to behave in ways that may result in injury, harm, or death to persons on or around them;
(B) The unpredictability of an cquinc's the animal's reaction to such things as sounds, sudden movement, and unfamiliar objects, persons, or other animals;
(C) Certain hazards such as surface and subsurface conditions;
(D) Collisions with other cquinca animals or objects; and
(E) The potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the animal or not acting within his or her ability.
(8) 'Llama means a South American camelid which is an animal of the genus lama, commonly referred to as a 'one 1 lama,' including llamas, alpacas, guanacos, and vicunas.
(9) 'Llama activity' means:
(A) Llama shows, fairs, competitions, performances, packing events, or parades that in volve any or all breeds of llamas;
(B) Using llamas to pull carts or to carry packs or other items;
(C) using llamas to pull travois-type carriers during rescue or emergency situations;
(D) Llama training or teaching activities or both;
(E) Taking llamas on public relations trips or visits to schools or nursing homes;
(F) Participating in commercial packing trips in which participants pay a llama profes sional to be a guide on a hike leading llamas;
(G) Boarding llamas;
(H) Riding, inspecting, or evaluating a llama belonging to another, whether or not the owner has received some monetary consideration or other thing of value for the use of the llama or is permitting a prospective purchaser of the llama to ride, inspect, or evaluate the llama;
(I) Using llamas in wool production;

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(J) Rides, trips, or other llama activities of any type however informal or impromptu that are sponsored by a llama activity sponsor;

(K) Trimming the nails of a llama; and

(L) Examining or administering medical treatment to a llama by a veterinarian.

(10) 'Llama activity sponsor' means an individual, group, club, partnership, or corporation,~whether or not the sponsor is operating for profit or nonprofit, which sponsors, or ganizes, or provides the facilities for a llama activity, including, but not limited to, llama clubs, 4-H clubs, hunt clubs, riding clubs, school and college-sponsored classes, programs, and activities, therapeutic riding programs, and operators, instructors, and promoters of llama facilities, including but not limited to stables, clubhouses, fairs, and arenas at which the activity is held.

(11) 'Llama professional' means a person engaged for compensation:

(A) In instructing a participant or renting to a participant a llama for the purpose of riding, driving, or being a passenger upon the llama;

(B) In renting equipment or tack to a participant; or

(C) In examining or administering medical treatment to a llama by a veterinarian.

f?) (12) 'Participant' means any person, whether amateur or professional, who engages in an equine activity or who engages in a llama activity, whether or not a fee is paid to participate in the equine such activity?"

Section 3. Said chapter is further amended by striking Code Section 4-12-3, relating to immunity from liability for death or injury, and inserting in lieu thereof a new Code Section 4-12-3 to read as follows:

"4-12-3. (a) Except as provided in subsection (b) of this Code section, an equine activity sponsor, an equine professional, a llama activity sponsor, a llama professional, or any other person, which shall include a corporation or partnership, shall not be liable for an injury to or the death of a participant resulting from the inherent risks of equine activities or from the inherent risks of llama activities and, except as provided in subsection (b) of this Code section, no participant or participant's representative shall make any claim against, main tain an action against, or recover from an equine activity sponsor, an equine professional, a llama activity sponsor, a llama professional, or any other person for injury, loss, damage, or death of the participant resulting from any of the inherent risks of equine activities or re sulting from any of the inherent risks of llama activities.

(b) Nothing in subsection (a) of this Code section shall prevent or limit the liability of an equine activity sponsor, an equine professional, a llama activity sponsor, a llama profes sional, or any other person if the equine activity sponsor, equine professional, llama activity sponsor, llama professional, or person:

(1) (A) Provided the equipment or tack, and knew or should have known that the equipment or tack was faulty, and such equipment or tack was faulty to the extent that it did cause the injury.

(B) Provided the equine animal and failed to make reasonable and prudent efforts to

determine the ability of the participant to engage safely in the equine activity or llama

activity and to safely manage the particular eqtrin* animal based on the participant's repre

sentations of his or her ability;

------

(2) Owns, leases, rents, or otherwise is in lawful possession and control of the land or facilities upon which the participant sustained injuries because of a dangerous latent condi tion which was known or should have been known to the equine activity sponsor, equine professional, llama activity sponsor, llama professional, or person and for which warning signs have not been conspicuously posted;

(3) Commits an act or omission that constitutes willful or wanton disregard for the safety of the participant, and that act or omission caused the injury; or

MONDAY, FEBRUARY 21, 1994

893

(4) Intentionally injures the participant.
(c) Nothing in subsection (a) of this Code section shall prevent or limit the liability of an equine activity sponsor, or an equine professional, llama activity sponsor, or llama pro fessional under liability provisions as set forth in the products liability laws."
Section 4. Said chapter is further amended by adding at the end thereof a new Code Section 4-12-5 to read as follows:
"4-12-5. (a) Every llama professional and every llama activity sponsor shall post and maintain signs which contain the warning notice specified in subsection (b) of this Code section. Such signs shall be placed in a clearly visible location on or near stables, corrals, pens, or arenas where the llama professional or the llama activity sponsor conducts llama activities. The warning notice specified in subsection (b) of this Code section shall appear on the sign in black letters, with each letter to be a minimum of one inch in height. Every written contract entered into by a llama professional or by a llama activity sponsor for the providing of professional services, instruction, or the rental of equipment or tack or a llama to a participant, whether or not the contract involves llama activities on or off the location or site of the llama professional's or the llama activity sponsor's business, shall contain in clearly readable print the warning notice specified in subsection (b) of this Code section.
(b) The signs and contracts described in subsection (a) of this Code section shall con tain the following warning notice:
WARNING
Under Georgia law, a llama activity sponsor or llama professional is not liable for an injury to or the death of a participant in llama activities resulting from the inherent risks of llama activities, pursuant to Chapter 12 of Title 4 of the Official Code of Georgia Annotated.
(c) Failure to comply with the requirements concerning warning signs and notices pro vided in this Code section shall prevent a llama activity sponsor or llama professional from invoking the privileges of immunity provided by this chapter."
Section 5. All laws and parts of laws in conflict with this Act are repealed.
Senators Perdue of the 18th and Farrow of the 54th offered the following amendment:
Amend the committee substitute to SB 571 by adding on line 11 page 2 after training, "providing or" line 21 page 2 add "providing or" after training,
On the adoption of the amendment, the yeas were 42, nays 0, and the Perdue and Far row amendment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 42, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
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 Guhl

Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Madden Marable McGuire

894

JOURNAL OF THE SENATE

Middleton Newbill POelirvdeure
Pollard
Ragan of llth

Ragan of 32nd Ralston RScaoytt
Starr
Taylor

Those not voting were Senators:

Day Langford of 35th

Langford of 29th Parrish

Thomas Thompson TMTurner Tysinger Walker
Robinson (presiding) Slotin

On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1505. By Representatives Lane of the 146th, Dobbs of the 92nd, Buck of the 135th and others:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to revise definitions; to provide for con ditions which create rebuttable presumptions with regard to the causation of ac cidents and injuries or deaths.
Senate Sponsor: Senator Edge of the 28th.

The Senate Insurance and Labor Committee offered the following amendment:
Amend HB 1505 by striking the word "or" after the word "penalty" and before the word "not" on line 14 of page 5 and inserting~in lieu thereof the word "of".
By striking the word "An" on line 13 of page 14 and inserting in lieu thereof the following:
"A self-insured".
By striking the word "Employers" on line 25 of page 14 and inserting in lieu thereof the following:
"Self-insured employers".
On the adoption of the amendment, the yeas were 43, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy 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 Guhl Harbison

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

MONDAY, FEBRUARY 21, 1994

895

Newbill O liver Sard Ragan of llth Ragan of 32nd

Ralston Ray S1tin Starr Taylor

Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Langford of 35th Parriah

Robinson (presiding)

Scott

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 1262. By Representatives Patten of the 176th, Dobbs of the 92nd, Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Water Quality Control Act," so as to transfer the ad ministration of certain federal grants from the Environmental Protection Divi sion of the Department of Natural Resources to the Georgia Environmental Fa cilities Authority.
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:

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

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

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

Those not voting were Senators:

Boshears Cheeks

Langford of 35th Parrish

Robinson (presiding)

On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed.

896

JOURNAL OF THE SENATE

Senator Ray of the 19th moved that the Senate do now adjourn until 9:30 A.M. to morrow; the motion prevailed, and the President Pro Tempore announced the Senate ad journed at 12:40 P.M.

TUESDAY, FEBRUARY 22, 1994

897

Senate Chamber, Atlanta, Georgia Tuesday, February 22, 1994
Twenty-seventh Legislative Day

The Senate met pursuant to adjournment at 9:30 A.M. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1827. By Representatives Channell of the lllth and Parham of the 122nd: A bill to amend an Act placing the sheriff, the clerk of the superior court, the tax collector, the tax receiver, and the judge of the probate court of Putnam County on an annual salary, so as to change the provisions relating to the compensation of the sheriff.
HB 1829. By Representatives Channell of the lllth and Parham of the 122nd: A bill to amend an Act consolidating the offices of tax collector and tax receiver of Putnam County, so as to change the provisions relating to the compensation of the tax commissioner.
HB 1831. By Representatives Cox of the 160th, Bates of the 179th and Royal of the 164th: A bill to amend an Act creating the State Court of Decatur County, so as to change the compensation provision relating to the judge of said court.
HB 1833. By Representatives Shipp of the 38th, Clark of the 40th, Vaughan of the 34th, Ehrhart of the 36th, Towery of the 30th and others: A bill to amend an Act creating a new charter for the City of Kennesaw, so as to change the corporate limits of the city.
HB 1834. By Representatives Milam of the 130th, Epps of the 131st and Smith of the 102nd: A bill to amend an Act creating a new charter for the City of LaGrange, so as to change the provisions thereof relating to the issuance of franchises by the city in its exercise of control over the use of streets, alleys and public ways of the city.
HB 1469. By Representatives Poston of the 3rd, Porter of the 143rd, Jamieson of the 22nd, Johnson of the 97th, Davis of the 48th and others: A bill to amend Code Section 30-4-1 of the Official Code of Georgia Annotated, relating to rights of certain handicapped persons to be accompanied by guide or service dogs, so as to authorize certain trainers of such dogs to be accompanied by the dogs in the same manner in which the handicapped persons may be ac companied by those dogs.

898

JOURNAL OF THE SENATE

HB 1557. By Representatives Ashe of the 46th, Sinkfield of the 57th, Taylor of the 134th, McBee of the 88th, Godbee of the 145th and others:
A bill to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to provide for the estab lishment of school breakfast programs in all school systems.
HB 1332. By Representatives Martin of the 47th, Walker of the 141st, Coleman of the 142nd, Stancil of the 91st, Childers of the 13th and others:
A bill to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of health care facilities, so as to provide for definitions; to require the licensing of private home care providers and provide for license applications, conditions, and actions relating to such licenses.
HB 1488. By Representatives Culbreth of the 132nd, McBee of the 88th, Heard of the 89th and Ehrhart of the 36th:
A bill to amend Code Section 33-8-1 of the Official Code of Georgia Annotated, relating to fees and charges generally associated with insurance, so as to provide that no filing fee is required for a refiling of certain documents with the Commis sioner of Insurance if a fee was paid with the original filing.
HB 1642. By Representative Skipper of the 137th:
A bill to amend Article 3 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to the intangible recording tax, so as to provide that in each county of this state having a population of 350,000 or more according to the United States decennial census of 1990 or any future such census, the clerk of the superior court rather than the tax collector or tax commissioner shall be re sponsible for the collection and administration.
HB 1499. By Representatives Cauthorn of the 35th and Barnes of the 33rd:
A bill to amend Code Section 15-16-27 of the Official Code of Georgia Annotated, relating to deposit by sheriffs of certain funds in interest-bearing accounts, so as to provide that in certain counties sheriffs shall deposit cash bonds in interestbearing trust accounts but shall not deposit cash reserves of professional bondspersons in such accounts.
HB 1570. By Representatives Powell of the 23rd, Parham of the 122nd and Harris of the 112th:
A bill to amend Chapter 3 of Title 25 of the Official Code of Georgia Annotated, relating to local fire departments generally, so as to provide for exemptions; to provide that law enforcement officers shall have primary authority and control over accident or crime scenes, except where there is an actual fire.
HB 800. By Representatives Jenkins of the 110th, Smith of the 109th and Lucas of the 124th:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide that certain charges with respect to certain coin operated devices shall constitute retail sales for purposes of state sales and use taxation; to repeal an exemption from state sales and use tax with respect to certain gross revenues of certain amusement machines.

TUESDAY, FEBRUARY 22, 1994

899

The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 907. By Representatives Buck of the 135th, Smyre of the 136th, Culbreth of the 132nd, Hugley of the 133rd, Smith of the 102nd and others: A resolution authorizing the disposition by sale of certain properties owned by the Georgia Ports Authority located in Columbus, Georgia, for the purpose of providing portions of the softball venue for the Games of the XXVI Olympiad.
The House has agreed to the Senate substitute to the following bill of the House:
HB 1739. By Representative Hudson of the 156th: A bill to create a board of elections and registration in Ben Hill County.
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1541. By Representative Cox of the 160th: A bill to amend Title 27 of the Official Code of Georgia Annotated, the "Game and Fish Code," so as to clarify the definition of "alligator" and "wild animal"; to require certain conditions to be met prior to issuance of a wild animal license; to place additional species on the list of inherently dangerous wild animals.
HB 1531. By Representatives Sherrill of the 62nd, Randolph of the 72nd, Jenkins of the 110th, McKinney of the 51st, Dobbs of the 92nd and others: A bill to amend Article 4 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to violation of ordinances of counties and state authorities, so as to change certain provisions relating to the use of citations and the prosecu tion of ordinance violations; to provide that the accused may be arrested prior to the time of trial for the violation of an ordinance relating to loitering.
The following bills and resolution of the Senate were introduced, read the first time and referred to committees:
SB 687. By Senator Kemp of the 3rd: A bill to amend an Act providing for terms, districts, and qualifications of the Commissioners of Mclntosh County, and providing for nomination of candidates for such offices, as amended, so as to provide for four-year terms; to change the qualifications for commissioners; to provide for the expiration of terms of com missioners in office on the effective date of this Act.
Referred to Committee on Urban and County Affairs.
SB 688. By Senators Taylor of the 12th, Gillis of the 20th and Kemp of the 3rd: A bill to amend Code Section 27-3-8 of the Official Code of Georgia Annotated, relating to the unlawful enticement of game, so as to provide a penalty for cer tain such enticement.
Referred to Committee on Natural Resources.
SB 689. By Senator Thomas of the 10th: A bill to amend Code Section 20-2-133 of the Official Code of Georgia Annotated, relating to free public instruction, so as to authorize any local unit of administra tion to provide services performed by a person licensed under Title 43 to accom modate the disability of any child served by such local unit of administration.
Referred to Committee on Education.

900

JOURNAL OF THE SENATE

SB 690. By Senator Thomas of the 10th:
A bill to amend Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to public school health, so as to authorize local boards of education, acting in concert with others, to provide for school health services; to provide for a short title, legislative intent, and definitions; to provide for comprehensive school health services plans and the authority and duties of local boards of education with respect to those plans; to provide for immunity from liability.
Referred to Committee on Education.
SB 691. By Senators Boshears of the 6th and Kemp of the 3rd:
A bill to amend an Act creating the Magistrate Court of Glynn County, as amended, so as to redesignate the presiding officer of the Magistrate Court of Glynn County as chief magistrate; to provide for the partisan election of the chief magistrate of the Magistrate Court of Glynn County; to provide for terms of office.
Referred to Committee on Urban and County Affairs.
SB 692. By Senator Blitch of the 7th:
A bill to amend an Act creating the board of commissioners for Charlton County, as amended, so as to change provisions relating to commissioner districts; to pro vide for submission of this Act to the United States Attorney General; to provide for automatic repeal.
Referred to Committee on Urban and County Affairs.
SB 693. By Senator Blitch of the 7th:
A bill to amend an Act providing for the election of the members of the Board of Education of Charlton County, as amended, so as to change provisions relating to education districts; to provide for definitions and insertions; to provide for sub mission of this Act to the United States Attorney General.
Referred to Committee on Urban and County Affairs.
SB 694. By Senator Pollard of the 24th:
A bill to amend Article 3 of Chapter 4 of Title 14 of the Official Code of Georgia Annotated, relating to corporate finance, so as to provide cross references to pro visions governing the issuance of preferred stock by insurance, banking, or trust companies; to amend Article 2 of Chapter 14 of Title 33 of the Official Code of Georgia Annotated, relating to domestic stock insurers, so as to authorize the issuance of preferred stock by domestic stock insurance companies.
Referred to Committee on Insurance and Labor.
SR 539. By Senators McGuire of the 30th, Edge of the 28th and Isakson of the 21st:
A resolution proposing an amendment to the Constitution so as to prohibit the amendment of any previously enacted general appropriations Act in any manner which increases the aggregate expenditures made by such general appropriations Act, except for appropriations to provide funds to reserves; to provide for sub mission of this amendment for ratification or rejection.
Referred to Committee on Appropriations.

TUESDAY, FEBRUARY 22, 1994

901

The following bills and resolution of the House were read the first time and referred to committees:
HB 800. By Representatives Jenkins of the 110th, Smith of the 109th and Lucas of the 124th:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide that certain charges with respect to certain coin operated devices shall constitute retail sales for purposes of state sales and use taxation; to repeal an exemption from state sales and use tax with respect to certain gross revenues of certain amusement machines. Referred to Committee on Consumer Affairs.
HB 1332. By Representatives Martin of the 47th, Walker of the 141st, Coleman of the 142nd and others:
A bill to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of health care facilities, so as to provide for definitions; to require the licensing of private home care providers and provide for license applications, conditions, and actions relating to such licenses. Referred to Committee on Health and Human Services.
HB 1469. By Representatives Poston of the 3rd, Porter of the 143rd, Jamieson of the 22nd and others:
A bill to amend Code Section 30-4-1 of the Official Code of Georgia Annotated, relating to rights of certain handicapped persons to be accompanied by guide or service dogs, so as to authorize certain trainers of such dogs to be accompanied by the dogs in the same manner in which the handicapped persons may be ac companied by those dogs. Referred to Committee on Youth, Aging and Human Ecology.
HB 1488. By Representatives Culbreth of the 132nd, McBee of the 88th, Heard of the 89th and Ehrhart of the 36th:
A bill to amend Code Section 33-8-1 of the Official Code of Georgia Annotated, relating to fees and charges generally associated with insurance, so as to provide that no filing fee is required for a refiling of certain documents with the Commis sioner of Insurance if a fee was paid with the original filing. Referred to Committee on Insurance and Labor.
HB 1499. By Representatives Cauthorn of the 35th and Barnes of the 33rd:
A bill to amend Code Section 15-16-27 of the Official Code of Georgia Annotated, relating to deposit by sheriffs of certain funds in interest-bearing accounts, so as to provide that in certain counties sheriffs shall deposit cash bonds in interestbearing trust accounts but shall not deposit cash reserves of professional bondspersons in such accounts. Referred to Committee on Judiciary.
HB 1531. By Representatives Sherrill of the 62nd, Randolph of the 72nd, Jenkins of the 110th and others:
A bill to amend Article 4 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to violation of ordinances of counties and state authorities, so as to change certain provisions relating to the use of citations and the prosection of ordinance violations; to provide that the accused may be arrested prior to the time of trial for the violation of an ordinance relating to loitering. Referred to Committee on Judiciary.

902

JOURNAL OF THE SENATE

HB 1541. By Representative Cox of the 160th:
A bill to amend Title 27 of the Official Code of Georgia Annotated, the "Game and Fish Code," so as to clarify the definition of "alligator" and "wild animal"; to require certain conditions to be met prior to issuance of a wild animal license; to place additional species on the list of inherently dangerous wild animals. Referred to Committee on Natural Resources.
HB 1557. By Representatives Ashe of the 46th, Sinkfield of the 57th, Taylor of the 134th and others:
A bill to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to provide for the estab lishment of school breakfast programs in all school systems. Referred to Committee on Education.
HB 1570. By Representatives Powell of the 23rd, Parham of the 122nd and Harris of the 112th:
A bill to amend Chapter 3 of Title 25 of the Official Code of Georgia Annotated, relating to local fire departments generally, so as to provide for exemptions; to provide that law enforcement officers shall have primary authority and control over accident or crime scenes, except where there is an actual fire.
Referred to Committee on Public Safety.
HB 1642. By Representative Skipper of the 137th:
A bill to amend Article 3 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to the intangible recording tax, so as to provide that in each county of this state having a population of 350,000 or more according to the United States decennial census of 1990 or any future such census, the clerk of the superior court rather than the tax collector or tax commissioner shall be re sponsible for the collection and administration. Referred to Committee on Finance and Public Utilities.
HB 1827. By Representatives Channell of the lllth and Parham of the 122nd:
A bill to amend an Act placing the sheriff, the clerk of the superior court, the tax collector, the tax receiver, and the judge of the probate court of Putnam County on an annual salary, so as to change the provisions relating to the compensation of the sheriff. Referred to Committee on Urban and County Affairs.
HB 1829. By Representatives Channell of the lllth and Parham of the 122nd:
A bill to amend an Act consolidating the offices of tax collector and tax receiver of Putnam County, so as to change the provisions relating to the compensation of the tax commissioner. Referred to Committee on Urban and County Affairs.
HB 1831. By Representatives Cox of the 160th, Bates of the 179th and Royal of the 164th:
A bill to amend an Act creating the State Court of Decatur County, so as to change the compensation provision relating to the judge of said court. Referred to Committee on Urban and County Affairs.

TUESDAY, FEBRUARY 22, 1994

903

HB 1833. By Representatives Shipp of the 38th, Clark of the 40th, Vaughan of the 34th and others: A bill to amend an Act creating a new charter for the City of Kennesaw, so as to change the corporate limits of the city.
Referred to Committee on Urban and County Affairs.
HB 1834. By Representatives Milam of the 130th, Epps of the 131st and Smith of the 102nd: A bill to amend an Act creating a new charter for the City of LaGrange, so as to change the provisions thereof relating to the issuance of franchises by the city in its exercise of control over the use of streets, alleys, and public ways of the city.
Referred to Committee on Urban and County Affairs.
HR 907. By Representatives Buck of the 135th, Smyre of the 136th, Culbreth of the 132nd and others: A resolution authorizing the disposition by sale of certain properties owned by the Georgia Ports Authority located in Columbus, Georgia, for the purpose of providing portions of the softball venue for the Games of the XXVI Olympiad.
Referred to Committee on Economic Development, Tourism and Cultural Affairs.
The follwoing reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Consumer Affairs has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1608. Do pass.
Respectfully submitted,
Senator Henson of the 55th District, Chairman
Mr. President:
The Committee on Defense and Veterans Affairs has had under consideration the fol lowing bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1600. Do pass.
Respectfully submitted,
Senator Harbison of the 15th District, Chairman
Mr. President:
The Committee on Insurance and Labor has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the follow ing recommendation:
SB 671. Do pass as amended.
Respectfully submitted,
Senator Pollard of the 24th District, Chairman

904

JOURNAL OF THE SENATE

Mr. President:

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

SB 544. Do pass. SB 609. Do pass. SR 392. Do pass.

HB 1322. Do pass. HB 1502. Do pass.

Respectfully submitted,

Senator Oliver of the 42nd District, Chairman

Mr. President:

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

HB 633. Do pass. HB 763. Do pass.

HB 1723. Do pass. HB 1793. Do pass.

Respectfully submitted,

Senator Huggins of the 53rd District, Chairman

Mr. President:

The Committee on Special Judiciary has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 510. Do pass by substitute. SB 557. 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 1000. Do pass. HB 1100. Do pass. HB 1201. 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

TUESDAY, FEBRUARY 22, 1994

905

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

SB 653. HB 1543. HB 1742. HB 1743.

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

HB 1799. HB 1800. HB 1804.

Do pass. Do pass. Do pass.

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

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

HB 862 HB 1506

HB 1330 HB 1514

HB 1415

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

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

Glanton Gochenour Guhl Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable McGuire Middleton Newbill Oliver

Those not answering were Senators:

Abernathy

Alien

Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker
Langford of 35th

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Marable of the 52nd introduced the chaplain of the day, Reverend Gary Law rence, pastor of South Broad Street Methodist Church, Rome, Georgia, who offered scrip ture reading and prayer.

906

JOURNAL OF THE SENATE

The following resolutions were read and adopted:
SR 540. By Senator Boshears of the 6th:
A resolution recognizing Mr. Claude E. Bird, Jr.
SR 541. By Senators Gillis of the 20th, Brown of the 26th, Walker of the 22nd and others:
A resolution commending Melvin Carnell Blount.
SR 542. By Senators Brown of the 26th, Perdue of the 18th and Gochenour of the 27th:
A resolution commending the mayor and council of the City of Macon, the mem bers of the Bibb County board of commissioners, the Keep Macon-Bibb Beauti ful Commission, and the Cherry Blossom Festival Board with respect to the an nual Cherry Blossom Festival.
SR 543. By Senators Walker of the 22nd and Harbison of the 15th:
A resolution recognizing Alpha Kappa Alpha Sorority, Inc.
The following local, uncontested bills of the Senate and House, favorably reported by the committee, as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Tuesday, February 22, 1994
TWENTY-SEVENTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 653 Glanton, 34th Langford, 35th Scott, 36th Abernathy, 38th Slotin, 39th Egan, 40th Day, 48th Newbill, 56th FULTON COUNTY
Repeals a constitutional amendment duly ratified at the 1978 general election and proclaimed by the Governor to be a part of the Constitution of the State of Georgia providing for a seven-member Fulton County Planning Commis sion; to repeal conflicting laws.
HB 1543 Glanton, 34th Langford, 35th Abernathy, 38th Slotin, 39th Egan, 40th Day, 48th Newbill, 56th FULTON COUNTY
Continues the Fulton County School Employees Pension Fund.

TUESDAY, FEBRUARY 22, 1994

907

HB 1742 Edge, 28th COWETA COUNTY
Provides for a homestead exemption from Coweta County ad valorem taxes for county purposes for certain residents of that county.

HB 1743 Edge, 28th COWETA COUNTY
Provides a homestead exemption from certain Coweta County ad valorem taxes for purposes in the amount of $5,000.00 of the assessed value of the homestead for residents of that county.

HB 1799 Middleton, 50th DAWSON COUNTY
Provides for an advisory referendum election to be held in Dawson County for the purpose of ascertaining whether the voters of such county prefer the county governing authority to be in the form of a sole commissioner or a board of commissioners.

HB 1800 Pollard, 24th CITY OF LINCOLNTON
Amends an Act providing for a new charter for the City of Lincolnton, so as to provide that no person shall be elected as mayor or council member for more than three consecutive terms.

HB 1804 Ragan, llth Bowen, 13th COLQUITT COUNTY

Provides a homestead exemption from Colquitt County ad valorem taxes for county purposes and Colquitt County School District taxes for educational purposes in the amount of $10,000.00 of the assessed value of that homestead for certain residents of that county who have annual incomes not exceeding $30,000.00 and who are totally disabled paralyzed homeowners.

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour Boshears Broun of 46th Brown of 26th
Cheeks Clay Coleman Crotts Day Dean Edge Egan Farrow Gillis

Glanton Gochenour Guhl Harbison Hemmer Hill Hooks Huggms Isakson Langford of 29th Madden Marable
McGuire
Middleton
Newbill Oliver

Parrish Pollard Ragan of 32nd Ralston j^a
RScoobtitnson
tar,r Taylor Thomas Thompson Turner Tysinger Walker

908

JOURNAL OF THE SENATE

Those not voting were Senators:

Alien Baugh Blitch

Bowen Henson Kemp

Langford of 35th Perdue Ragan of llth

On the passage of all the local bills, the yeas were 47, nays 0.
All the bills on the Senate Local Consent Calendar, having received the requisite consti tutional majority, were passed.
SENATE RULES CALENDAR
Tuesday, February 22, 1994
TWENTY-SEVENTH LEGISLATIVE DAY
HB 1214 Motor Vehicle Ad Valorem Return--false statements (F&PU--16th) Buck--135th
SB 627 Health Planning Agency--functions (H&HS--19th)
SB 561 Appropriations--midyear adjustment reserve for education (Substitute) (Approp--21st)
SR 485 Joint Rhodes Memorial Hall Study Committee--create (Substitute) (Rules--39th)
SR 502 Garland T. Byrd Bridge--designate bridge across Flint River (Trans--14th)
SR 500 Whitfield County--conveyance of certain state property (F&PU--54th)
SR 516 Martin Luther King, Jr., Boulevard--designate portion of U.S. Highway 278 (Trans--31st)
SB 594 Lottery Proceeds--transfers to Education Account (Approp--14th)
SB 581 Appellate Court Appeals--grounds for dismissal (Judy--54th)
SR 406 Barriers to Affordable Housing Study Committee--create (Substitute) (Rules--39th)
SR 519 State Park at Tallulah Gorge--negotiation with Georgia Power on property (F&PU--50th)
SR 499 Department of Transportation--urge withdraw plan for airport in Gwinnett County (Trans--9th)
SB 576 Probate Courts--may try misdemeanor marijuana violations (Substitute) (Judy--13th)
SB 618 Housing Authority--create for certain Indian tribes (H&HS--llth)
SB 402 Driver's License Renewal--sign acknowledgment of suspension if DUI (Amend ment) (S Judy--5th)
SB 580 Orders Not to Resuscitate--legislative intent (Substitute) (H&HS--42nd)
Respectfully submitted,
/s/ David Scott of the 36th, Chairman Senate Rules Committee

TUESDAY, FEBRUARY 22, 1994

909

The following general bills were read the third time and put upon their passage:

HB 1214. By Representatives Buck of the 135th, Culbreth of the 132nd, Taylor of the 134th and Hugley of the 133rd:
A bill to amend Code Section 48-5-444 of the Official Code of Georgia Annotated, relating to the county where a motor vehicle is returned for ad valorem tax pur poses, so as to specify a criminal penalty for certain false statements in connec tion with such return.
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 Balfour Baugh Blitch Boshears Broun of 46th Brown of 26th Burton CChlaeyeks
Coleman Crotts Day Dean Edge Egan Farrow

Gillis Glanton Gochenour Guhl Harbison Hemmer Henson Hill HHouogkgsins
Isakson Langford of 29th Madden Marable McGuire Middleton Newbill

Oliver Parrish Ragan of llth Ragan of 32nd Ralston j^ay Robinson gcott |,,k,>t..i.n
tarr
Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Alien Bowen

Kemp Langford of 35th

Perdue Pollard

On the passage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 627. By Senators Ray of the 19th, Walker of the 22nd, Robinson of the 16th and others:
A bill to amend Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to state health planning, so as to change the functions of the Health Planning Agency; to provide for the inapplicability of a certain plan and certain rules to certain certificate of need applications; to change the composition of the Health Planning Review Board; to provide for qualifications, terms, and compen sation of the members of such board.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

910

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
BP.urton C rotts j)ay Dean Edge Egan Farrow Gillis

Glanton Gochenour Guhl Harbison Hemmer Henson Hooks
ITsak, son Langford of 29th Madden Marable McGuire Middleton Newbill Oliver

Parrish Perdue
Ragan of llth Ragan of 32nd Ralston Ray Robinson g
0S1lot,.m Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Alien Cheeks Coleman

Hill Kemp

Langford of 35th Pollard

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

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

SB 561. By Senators Isakson of the 21st, Edge of the 28th, McGuire of the 30th and others:
A bill to amend Code Section 45-12-93 of the Official Code of Georgia Annotated, relating to the revenue shortfall reserve, the midyear adjustment reserve, and related matters, so as to provide that the midyear adjustment reserve shall be available for appropriation by the General Assembly for educational purposes; to provide that each appropriations Act shall state the balance in the shortfall re serve and the effect of the passage of such Act on such balance.
The Senate Appropriations Committee offered the following substitute to SB 561:
A BILL
To be entitled an Act to amend Code Section 45-12-93 of the Official Code of Georgia Annotated, relating to the revenue shortfall reserve, the midyear adjustment reserve, and related matters, so as to provide that the midyear adjustment reserve shall be available for appropriation by the General Assembly for educational purposes; to provide that each ap propriations Act shall state the balance in the shortfall reserve and the effect of the passage of such Act on such balance; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 45-12-93 of the Official Code of Georgia Annotated, relating to the revenue shortfall reserve, the midyear adjustment reserve, and related matters, is amended by striking in its entirety subsection (b) and inserting in lieu thereof the following:
"(b) As of June 30 of each fiscal year, the state auditor shall reserve from the state surplus an amount equal to 1 percent of the net revenue collections of such fiscal year, to the extent that such surplus is available therefor. This amount shall be reserved before the

TUESDAY, FEBRUARY 22, 1994

911

amount shall be reserved for the revenue shortfall reserve as provided in subsection (a) of this Code section. This reserve shall be entitled the midyear adjustment reserve and shall be available for appropriation by the General Assembly of Georgia for such purpoaca ao it may select educational purposes."
Section 2. Said Code section is further amended by inserting at the end thereof the following:
"(e) Any other provision of law notwithstanding, the General Assembly is not author ized to appropriate any funds unless the appropriations Act includes a statement of the balance of the shortfall reserve and the effect of the passage of such Act upon such balance."
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 Balfour Baugh Blitch Boshears Bowen Broun of 46th
BBC1ruorwtonn of 26th
Dean Edge Egan Farrow Gillis

Glanton Gochenour Guhl Harbison Hemmer
Henson Hm
HH,,uoogkgsm. s Isakson Kemp Langford of 29th Madden Marable McGuire Middleton

Newbill Oliver Parrish Perdue Pollard
Ragan of llth R of 32nd
RRD aaylston Robinson Slotin Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Alien Cheeks Coleman

Langford of 35th Scott

Starr 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.
SR 485. By Senators Slotin of the 39th, Robinson of the 16th and Ray of the 19th:
A resolution creating the Joint Rhodes Memorial Hall Study Committee to clar ify the State's ownership and study and make recommendations to the General Assembly and the Governor as to the long-term utilization of certain stateowned, improved real property located within the City of Atlanta, Fulton County, Georgia, and known as Rhodes Memorial Hall; to provide for a purpose; to provide for membership of the committee.

912

JOURNAL OF THE SENATE

The Senate Rules Committee offered the following substitute to SR 485:
A RESOLUTION
Creating the Joint Rhodes Memorial Hall Study Committee to clarify the State's own ership and study and make recommendations to the General Assembly and the Governor as to the long-term utilization of certain state-owned, improved real property located within the City of Atlanta, Fulton County, Georgia, and known as Rhodes Memorial Hall; to pro vide for a purpose; to provide for membership of the committee; and for other purposes.
WHEREAS, on June 10, 1929, J. D. Rhodes and Louanna Rhodes Bricker, as executors of the estate of A. G. Rhodes, deceased, and as sole legatees under the will of A. G. Rhodes, and as sole heirs at law of A. G. Rhodes, conveyed, as a gift to the State of Georgia, by a deed recorded in Deed Book 1275, page 323, in the office of the clerk of the Superior Court of Fulton County, Georgia, that certain improved real property located at 1516 Peachtree Street, N. E., Atlanta, Fulton County, Georgia, currently known as Rhodes Memorial Hall; and
WHEREAS, since that time, the operation of Rhodes Memorial Hall has been adminis tered by the Department of Archives and History, a division of the Office of the Secretary of State; and
WHEREAS, Rhodes Memorial Hall is a landmark museum building, and the United States government has recognized Rhodes Memorial Hall's significance by placing it on the National Register of Historic Places; and
WHEREAS, Rhodes Memorial Hall is one of the few remaining residences on Peachtree Street, Atlanta's thoroughfare to the world; and
WHEREAS, the custody of Rhodes Memorial Hall is currently vested in the State Properties Commission; and
WHEREAS, the Georgia Trust for Historic Preservation, Inc., is a nonprofit Georgia corporation dedicated to promoting the appreciation and preservation of the cultural heri tage of Georgia, including historic structures located throughout Georgia; and
WHEREAS, under a rental agreement dated September 1, 1993, between the Georgia Trust for Historic Preservation and the State Properties Commission, which is acting for and on behalf of the State of Georgia and its Department of Archives and History, a divi sion of the Office of the Secretary of State, the trust is occupying and using Rhodes Memo rial Hall as its headquarters; as a museum, exhibit and lecture hall; and as a facility for receptions, public meetings, and other means of promoting the appreciation and preserva tion of the cultural heritage of Georgia; and
WHEREAS, the state enjoyed use of Rhodes Memorial Hall for over 60 years to secure the State's archives and promote the history of the state and its people; and
WHEREAS, the state, as a demonstration of its commitment to preserving this home, has invested almost a million dollars in the partial renovation of the exterior and infrastruc ture; and
WHEREAS, the Georgia Trust for Historic Preservation, as a demonstration of its com mitment to the long-term preservation of this home, has also invested almost a half a mil lion dollars in the renovation of the interior; and
WHEREAS, it is in the best interest of the State of Georgia and the historic preserva tion community to determine the state's continued interest and obligation toward support ing this facility.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Rhodes Memorial Hall Study Committee to be composed of 14 persons, as follows:
(1) Two members of the House of Representatives appointed by the Speaker of the House of Representatives;

TUESDAY, FEBRUARY 22, 1994

913

(2) Two members of the Senate appointed by the President of the Senate;
(3) Two members appointed by the Governor;
(4) The Secretary of State or the Secretary of State's designee;
(5) The executive director of the State Properties Commission;
(6) The president of the Georgia Trust for Historic Preservation;
(7) The state historic preservation officer of the Department of Natural Resources;
(8) The executive director of the Georgia Building Authority;
(9) A representative of the Attorney General's office; and
(10) Two representatives of the family of heirs of the A. G. Rhodes family.
The Governor shall designate one of the Governor's appointees to serve as the chairperson of the committee. The chairperson shall call all meetings of the committee. The committee shall undertake a study and make recommendations on what actions or legislation is needed to clarify the state's proprietary status in Rhodes Memorial Hall, assess the ongoing needs to preserve and protect the facility for future generations, and develop and recommend a plan of action to preserve and protect the facility that meets the needs of the family of the heirs, the historic preservation community, and the state. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objec tives and purposes of this resolution. The legislative members of the committee shall receive from the funds appropriated to the House of Representatives and the Senate 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 committee shall make a report of its findings and recommendations with suggestions for proposed legisla tion, if any, to the Governor and to the General Assembly on or before December 1, 1994. The committee shall stand abolished on December 1, 1994.
On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.
On the 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
urton PCo,lyema,,n Crotts Day Dean Edge Egan Farrow Glanton

Gochenour Guhl Harbison Hemmer
Henson Hill Hookg
Huggins Isakson
Kemp Langford of 29th Madden Marable McGuire Middleton Newbill

Oliver Parrish Perdue Pollard
Ragan of 32nd Ralston Ray
Robinson Sc .cott Slotm Taylor Thomas Thompson Turner Tysinger Walker

914

JOURNAL OF THE SENATE

Those not voting were Senators:

Abernathy Alien Cheeks

Gillis Langford of 35th

Ragan of llth Starr

On the adoption of the resolution, the yeas were 49, nays 0.
The resolution, having received the requisite constitutional majority, was adopted by substitute.

SR 502. By Senators Hooks of the 14th, Gillis of the 20th, Broun of the 46th and Robin son of the 16th:
A resolution designating the present or any subsequently built bridge across the Flint River as the Garland T. Byrd Bridge.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Baugh Blitch Boshears Bwen Brown of 26th
C]
Dean Edge Egan Farrow Gillis

Gochenour Harbison Hemmer Hill Hooks Hugging
Isakson
Kemp Langford of 29th Madden Marable McGuire 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 Alien Broun of 46th Cheeks

Glanton Guhl Henson

Langford of 35th Middleton Starr

On the adoption of the resolution, the yeas were 46, nays 0. The resolution, having received the requisite constitutional majority, was adopted.
SR 500. By Senators Farrow of the 54th and Huggins of the 53rd: A resolution authorizing the conveyance of certain state owned real property lo cated in Whitfield County, Georgia; to provide an effective date.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

TUESDAY, FEBRUARY 22, 1994

915

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 Bowen
Broun of 46th Brown of 26th Burton Clay Coleman Crotts Day Dean Edge Egan Farrow Gillis

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

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

Those not voting were Senators:

Alien Baugh

Cheeks Langford of 35th

Ragan of llth

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

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

SR 516. By Senator Dean of the 31st:
A resolution designating a portion of the U.S. Highway 278, State 100 Bypass as the "Martin Luther King, Jr., Boulevard".

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 Hooks Huggins Isakson Kemp
Langford of 29th Madden Marable McGuire Middleton Newbill

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

916

JOURNAL OF THE SENATE

Those not voting were Senators:

Alien Guhl

Hill Langford of 35th

Ragan of llth

On the adoption of the resolution, the yeas were 51, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

SB 594. By Senators Hooks of the 14th, Robinson of the 16th, Ray of the 19th and Walker of the 22nd:
A bill to amend Code Section 50-27-13 of the Official Code of Georgia Annotated, relating to the disposition of lottery proceeds, so as to require monthly transfers of net proceeds of the lottery for credit to the Lottery for Education Account; to provide for monthly reports showing the proceeds thus transferred and certain disbursements of appropriations from lottery proceeds.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
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 Day Dean Edge Farrow

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

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

Those not voting were Senators:

Alien Coleman Egan

Henson Langford of 35th Parrish

Ragan of llth Thomas

On the passage of the bill, the yeas were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The President introduced John Pruitt, commended by SR 491, adopted previously, who addressed the Senate briefly.
Senator Taylor of the 12th introduced the doctor of the day, Dr. Gene Jackson of Cuthbert, Georgia.

TUESDAY, FEBRUARY 22, 1994

917

The Calendar was resumed.

SB 581. By Senators Farrow of the 54th, Robinson of the 16th and Oliver of the 42nd:
A bill to amend Code Section 5-6-48 of the Official Code of Georgia Annotated, relating to grounds for dismissal of appeals, so as to provide that an appeal may be dismissed for nonpayment of the costs or failure to have a sufficient affidavit of indigence filed or contained in the record; to delete certain provisions relating to payment of costs within certain time periods.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Boshears Bowen Broun of 46th
Burton Cheeks CCloalyeman
CDraoytts
Dean Edge Egan Farrow Gillis

Glanton Gochenour Guhl Harbison Hemmer
HiU . Huggms IKsaekmspon
LMaandgdfeonrd of 29th
Marable McGuire Middleton Newbill Oliver

Parrish Perdue Pollard Ragan of llth Ragan of 32n(j
Ralston ^ DRofb.'nson
f*lfoottmt
sta" Taylor Thomas Turner Tysinger

Those not voting were Senators:

Alien Baugh Blitch

Brown of 26th Henson Hooks

Langford of 35th Thompson Walker

On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed.
SR 406. By Senators Slotin of the 39th, Robinson of the 16th, Brown of the 26th and others: A resolution to create the Barriers to Affordable Housing Study Committee.
The Senate Rules Committee offered the following substitute to SR 406: A RESOLUTION
To create the Barriers to Affordable Housing Study Committee; and for other purposes. WHEREAS, the State of Georgia is experiencing a housing crisis of tremendous propor tions; and WHEREAS, many individuals and families with low and moderate incomes in this state find it virtually impossible to find affordable, safe housing; and WHEREAS, it is in the public interest to investigate how existing laws at the state and

918

JOURNAL OF THE SENATE

local levels create barriers to affordable housing and to take the necessary steps to eliminate barriers to affordable housing; and
WHEREAS, Georgia has the ability to become a leader in developing and providing affordable housing for all of its citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that there is created the Barriers to Affordable Housing Study Committee to be composed of ten members, three to be members of the Senate appointed by the President of the Senate and seven to be se lected from the following: the Georgia Municipal Association, the Association County Com missioners, public and private colleges and universities in the State of Georgia, residential builders and developers, realtors, apartment owners, lenders, neighborhood leaders, and housing advocacy groups. The President of the Senate shall designate a member of the com mittee as chairperson of the committee. The chairperson shall appoint the remaining seven members. Any vacancy shall be filled in the same manner as the original appointment. The chairperson shall call all meetings of the committee.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the con ditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The committee shall study cur rent public and private policies which may be useful in the elimination of barriers to afford able housing, including housing appropriations at the federal, state, and local levels, tax incentives, zoning and other land use issues, building codes, and property taxes. The Senate members of the committee 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 reso lution shall come from the funds appropriated to the Senate. The citizen members of the committee shall serve without compensation. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 1, 1994. The committee shall stand abolished on December 1, 1994.
On the adoption of the substitute, the yeas were 39, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Baugh Boshears Bowen Broun of 46th Burton Cheeks Clay Coleman Crotts Day Dean Edge Egan Farrow

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

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

TUESDAY, FEBRUARY 22, 1994

919

Those not voting were Senators:

Alien Blitch Brown of 26th

Henson Hooks Langford of 35th

Ragan of llth Thompson

On the adoption of the resolution, the yeas were 48, nays 0.
The resolution, having received the requisite constitutional majority, was adopted by substitute.

SR 519. By Senator Middleton of the 50th:
A resolution authorizing the disposition, through negotiated sale to or exchange (including without limitation like-kind exchanges) with Georgia Power Company, or real property interests that the State of Georgia now owns or will acquire in property located in Rabun County and Habersham County, Georgia, for the de velopment and operation of a state park at Tallulah Gorge; to further authorize the grant of nonexclusive easements to Georgia Power Company for the opera tion and maintenance.
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
BBruorwtonn of 26th
Coleman Crotts Day Dean Edge Egan Farrow

Gillis Glanton Gochenour Guhl Harbison
Hemmer Renson
,,HHomok, s THT uggins Isakson KemP Madden Marable McGuire Middleton Newbill

Oliver Parrish Perdue Pollard Ragan of llth
Ragan of 32nd Ralston
R,R, ofb.inson 0Scott Slotin Starr Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Alien Langford of 35th

Langford of 29th

Taylor

On the adoption of the resolution, the yeas were 52, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

920

JOURNAL OF THE SENATE

SR 499. By Senators Balfour of the 9th, Day of the 48th, Tysinger of the 41st and others:
A resolution urging the Georgia Department of Transportation to withdraw the plan to locate an airport in Gwinnett County.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

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

Voting in the negative was Senator Blitch.

Those not voting were Senators:

Abernathy Alien Gillis

Henson Langford of 35th

Thomas Walker

On the adoption of the resolution, the yeas were 48, nays 1.
The resolution, having received the requisite constitutional majority, was adopted.
SB 576. By Senators Bowen of the 13th and Pollard of the 24th: A bill to amend Article 2 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of probate courts, so as to provide that said courts shall have jurisdiction to try misdemeanor viola tions involving the possession of one ounce or less of marijuana when the defend ant waives a jury trial; to provide for application and an effective date in connec tion therewith.
The Senate Judiciary Committee offered the following substitute to SB 576:
A BILL
To be entitled an Act to amend Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to pretrial proceedings, so as to provide that in misdemeanor cases in volving the unlawful possession of one ounce or less of marijuana, the defendant may be tried upon the uniform traffic citation and complaint; to provide procedures for the prosecu tion of such cases; to provide for the prosecution of such cases by citation and complaint in the state court, magistrate court, or probate court upon a general order of the chief judge of

TUESDAY, FEBRUARY 22, 1994

921

the superior court of the circuit and, where there is a state court, with the approval of the chief judge of the state court; to provide for the fingerprinting of persons arrested for the unlawful possession of one ounce or less of marijuana; to provide for trial by jury in the superior court or state court upon a demand therefor by the defendant; to provide for ap peals to the superior court; to provide for release from custody upon giving bond after an appeal is entered; to provide for assistance of the district attorney in magistrate court or probate court upon request; to provide for a docket; to provide for certain costs and fees; to provide that the disposition of such cases is not required to be reported to the Department of Public Safety; to amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to change the provisions relating to the jurisdiction of the magistrate court; to amend Article 2 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the probate courts, so as to provide for the jurisdiction of the probate courts with respect to cases involving the unlawful possession of one ounce or less of marijuana; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to pretrial proceedings, is amended by striking in its entirety paragraph (1) of subsection (b) of Code Section 17-7-71, relating to trials of misdemeanors and trials of misdemeanor motor vehicle violations, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) In all misdemeanor cases arising out of violations of the laws of this state, relating to (A) the operation and licensing of motor vehicles and operators; (B) the width, height, and length of vehicles and loads; (C) motor common carriers and motor contract carriers; er (D) road taxes on motor carriers as provided in Article 2 of Chapter 9 of Title 48; or (E) the unlawful possession of one ounce or less of marijuana, the defendant may be tried upon the uniform traffic citation and complaint provided for in Article 1 of Chapter 13 of Title 40."
Section 2. Said chapter is further amended by adding following Article 9 a new Article 10 to read as follows:
"ARTICLE 10
17-7-230. This article governs prosecution by complaint and citation of the misde meanor offense of unlawful possession of one ounce or less of marijuana, as provided for in subsection (b) of Code Section 16-13-2 and subsection (j) of Code Section 16-13-30.
17-7-231. Prosecution of persons arrested for the unlawful possession of one ounce or less of marijuana may proceed by citation and complaint in the same manner provided for prosecution of traffic offenses in Chapter 13 of Title 40; provided, however, that to the ex tent that the provisions of this article are in conflict with the provisions of Chapter 13 of Title 40, the provisions of this article shall control.
17-7-232. The chief judge of the superior court of the circuit may by general order pro vide for prosecution of the offense of unlawful possession of one ounce or less of marijuana by citation and complaint in one of the following courts: state court, magistrate court, or probate court; provided, however, that for those counties where there exists a state court, the general order provided for in this Code section shall be with the concurrence of the chief judge of the state court. No state court, magistrate court, or probate court shall proceed with trial and sentencing of persons charged by complaint and citation with the unlawful possession of one ounce or less of marijuana prior to the issuance of such general order.
17-7-233. An officer arresting a person pursuant to the provisions of this article shall not be required to release such person upon the person being served with a complaint and citation. Any person arrested for the unlawful possession of one ounce or less of marijuana pursuant to this article shall be fingerprinted in accordance with the provisions of Code Section 35-3-33.

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17-7-234. Any person charged by complaint and citation in magistrate court or probate court with the offense of unlawful possession of one ounce or less of marijuana may, at any time before trial, demand in writing a trial by jury. Upon such demand the court shall remove the case to the state court of the county or to the superior court of the county if there is no state court. Where bond has been posted, the bond shall be transferred to the court assuming jurisdiction without the necessity of the defendant posting new bond. Fail ure of the defendant to so demand shall constitute a waiver of any right to trial by jury which the defendant may otherwise have had and of any other right which could have been secured by such a demand.
17-7-235. Any defendant convicted under this article shall have the right to appeal to the superior court. The provisions of Code Sections 5-3-29 and 5-3-30 shall apply to appeals taken under this article. The appeal shall be entered as appeals are entered from the magis trate court or the probate court to the superior court, provided that the defendant shall be entitled to bail and shall be released from custody upon giving the bond as is provided for appearances in criminal cases in the courts of this state. Such bond shall have the same conditions as appearance bonds in criminal cases.
17-7-236. Upon request of the magistrate court or probate court in a prosecution by complaint and citation for the offense of unlawful possession of one ounce or less of mari juana, the district attorney of the circuit in which the court is located or the solicitor of the county in which the court is located may conduct the trial on behalf of the state.
17-7-237. (a) Except as provided in subsection (b) of this Code section, the court shall keep a docket ordinarily in use by the court in the hearings or trials of other cases; provided, however, that such docket shall include the name and address of the defendant, the nature of the offense in brief, the date when brought before the court, and the final disposition of the case with the date thereof.
(b) The docket of the probate court shall be the same in each probate court and shall be on a form to be prescribed by the Department of Law. Such docket shall be paid for from county funds of the county in which such court is located.
17-7-238. The costs in any case disposed of under this article in probate court shall be as provided for in Code Section 15-9-60. If a case is removed to state court or superior court pursuant to Code Section 17-7-234, the costs shall await the final disposition of the case.
17-7-239. The provisions of Code Section 15-10-80 concerning disbursement of fees, costs, and other funds in magistrate court shall apply to this article.
17-7-240. The judge or clerk of each court before whom a person accused of unlawful possession of one ounce or less of marijuana is brought shall not be required to report the final disposition of the case, or change or modification thereof, to the Department of Public Safety."
Section 3. Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, is amended by striking in their entirety paragraphs (12) and (13) of Code Section 15-10-2, relating to jurisdiction of magistrate courts, and inserting in lieu thereof new paragraphs (12), (13), and (14) to read as follows:
"(12) The trial and sentencing of misdemeanor violations of Code Section 16-9-20, re lating to criminal issuance of bad checks, as provided by Article 10 of this chapter; er
(13) The execution or subscribing and the acceptance of written waivers of extradition in the same manner provided for in Code Section 17-13-46; and -
(14) The trial and sentencing of persons prosecuted by complaint and citation for the unlawful possession of one ounce or less of marijuana in accordance with Code Section 17-723271
Section 4. Article 2 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of probate courts, is amended by adding a new Code Section 15-9-30.5 to read as follows:

TUESDAY, FEBRUARY 22, 1994

923

"15-9-30.5. The probate court shall have the right and power to conduct the trial and sentencing of persons prosecuted by complaint and citation for the unlawful possession of one ounce or less of marijuana in accordance with Code Section 17-7-232."
Section 5. This Act shall apply to misdemeanor violations involving the possession of one ounce or less of marijuana, which violations take place on or after July 1, 1994.
Section 6. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 39, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Baugh Blitch Boshears nWen , , c.u BBrroowunn ooff 4266tthh
BChuerteokns Clay Coleman
Day Dean Edge Egan

Farrow Gillis Glanton Gochenour Guhl Harbison HHeenmsmoner
HHiolol ks Huggins Isakson
Langford of 29th Madden Marable McGuire

Middleton Newbill Oliver Pollard Ragan of nth R of 32nd Rnai,si.on
"^caoytt Slotm Thomas
Thompson Turner Tysinger Walker

Those not voting were Senators:

Alien Crotts Kemp

Langford of 35th Parrish Perdue

Robinson 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.
SB 618. By Senators Ragan of the llth and Turner of the 8th:
A bill to amend Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing authorities, so as to provide for the creation of housing authorities for certain Indian tribes; to provide for the powers, duties, rights, and functions of such housing authorities and their commissioners; to pro vide for activation of such housing authorities; to provide for an appointing au thority and a proposed area of operation.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

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 Guhl Harbison Hemmer Hooks Huggins Isakson Kemp Langford of 29th Madden Marable McGuire Middleton Newbill

Those not voting were Senators:

Alien Henson

Hill Langford of 35th

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

On the passage of the bill, the yeas were 51, 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 1547. By Representatives Childers of the 13th, Stephenson of the 25th, Watts of the 26th, Floyd of the 138th, Hudson of the 156th and others: A bill to amend Code Section 40-5-25 of the Official Code of Georgia Annotated, relating to applications and fees for drivers' licenses, so as to provide for reduced drivers' license fees for certain applicants who execute anatomical gifts.
The following bill of the House was read the first time and referred to committee:
HB 1547. By Representatives Childers of the 13th, Stephenson of the 25th, Watts of the 26th and others: A bill to amend Code Section 40-5-25 of the Official Code of Georgia Annotated, relating to applications and fees for drivers' licenses, so as to provide for reduced drivers' license fees for certain applicants who execute anatomical gifts.
Referred to Committee on Public Safety.
The Calendar was resumed.
SB 402. By Senators Burton of the 5th, Balfour of the 9th and Boshears of the 6th: A bill to amend Code Section 40-5-22 of the Official Code of Georgia Annotated, relating to issuance of a driver's license, so as to provide that no license shall be

TUESDAY, FEBRUARY 22, 1994

925

issued or renewed unless the applicant signs a pledge acknowledging that the penalty for conviction of driving under the influence of alcohol or drugs is sus pension of the driver's license.
The Senate Special Judiciary Committee offered the following amendment:
Amend SB 402 by striking from lines 3 and 4 of page 1 the words "or renewed".
By striking from line 14 of page 3 the words "or renew".
By striking from line 18 of page 3 the words "arrested and".
By inserting on line 20 of page 3 after the word "revoked" the words "or suspended".
The following Fiscal Note, as required hy law, was read by the Secretary:
Department of Audits 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400
February 14, 1994
The Honorable Joe Burton State Senator State Capitol, Room 121H Atlanta, Georgia 30334
SUBJECT: Fiscal Note Senate Bill 402 Amended (AM 16 0260) Driver's License Pledge
Dear Senator Burton:
This bill would require that applicants for original issue of a driver's license sign a pledge acknowledging that the penalty for conviction of driving under the influence of alco hol or drugs is revocation or suspension of the driver's license.
This bill would result in additional state expenditures of approximately $50 for the onetime cost of revising the master copy of the driver's license application form.
Sincerely, /s/ Claude L. Vickers
State Auditor /s/ Henry M. Huckaby, Director
Office of Planning and Budget
On the adoption of the amendment, the yeas were 0, nays 38, and the amendment was lost.
Senator Burton of the 5th offered the following amendment:
Amend SB 402 by adding on page 1 line 3 the word "original" between the words "no" and "license".
Striking from page 1 lines 3 & 4 the words "or renewed"
Striking from page 3 line 14 the words "or renew a" and inserting in lieu the words "an original"
Striking from page 3 line 18 the words "arrested and"
Striking from page 3 line 20 the word "revoked" and inserting in its place the word "suspended".
On the adoption of the amendment, the yeas were 41, 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 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 B,,Bruorwt,onn of 26th Cheeks Clay Coleman Crotts Day Dean Edge Egan

Farrow Gillis Gochenour Guhl Harbison Hemmer Henson Hill Hooks Huggins Isakson Langford of 29th Madden Marable McGuire Middleton Newbill

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

Those not voting were Senators:

Alien Glanton

Kemp Langford of 35th

Ray Taylor

On the passage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
The following bill was taken up to consider the House action thereto:
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.
Senator Edge of the 28th moved that the Senate insist on its substitute to HB 415.
On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate insisted on its substitute to HB 415.
The Calendar was resumed.
SB 580. By Senators Oliver of the 42nd and Farrow of the 54th: A bill to amend Chapter 39 of Title 31 of the Official Code of Georgia Annotated, regarding orders not to resuscitate, so as to further describe legislative intent; to authorize such orders for persons who are not in hospitals or nursing homes; to clarify the intended effect of this law upon other circumstances in which an order not to resuscitate may be issued and implemented; to provide an effective date.

TUESDAY, FEBRUARY 22, 1994

927

The Senate Health and Human Services Committee offered the following substitute to SB 580:
A BILL
To be entitled an Act to amend Chapter 39 of Title 31 of the Official Code of Georgia Annotated, regarding orders not to resuscitate, so as to further describe legislative intent; to authorize such orders for persons who are not in hospitals or nursing homes; to change the provisions relating to definitions; to clarify a patient's presumption of consent; to limit the duties of certain health care and other facilities; to change the conditions regarding the issuance and cancellation of such orders; to change the effectiveness of such orders; to pro vide for physician and health care facility notifications regarding such orders; to provide for examinations to determine whether patients still quality as candidates for such orders; to provide for revocation of consent to such orders; to clarify the intended effect of this law upon other circumstances in which an order not to resuscitate may be issued and imple mented; 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 39 of Title 31 of the Official Code of Georgia Annotated, regarding orders not to resuscitate, is amended by striking Code Sections 31-39-1 through 31-39-6, relating to legislative findings and intent, definitions, presumptions of capacity, conditions for issuance of orders, cancellation of orders, and revocation of consent to orders, respec tively, and inserting in their respective places the following:
"31-39-1. The General Assembly finds that although cardiopulmonary resuscitation has proved invaluable in the reversal of sudden, unexpected death, it is appropriate for an at tending physician, in certain circumstances, to issue an order not to attempt cardiopulmo nary resuscitation of a patient where appropriate consent or authorization has been ob tained. The General Assembly further finds that there is a need to establish and clarify the rights and obligations of patients, their families or representatives, and health care provid ers regarding cardiopulmonary resuscitation and the issuance of orders not to resuscitate. The General Assembly further finds that, in the interest of protecting individual autonomy, cardiopulmonary resuscitation in some circumstances may cause loss of patient dignity and unnecessary pain and suffering. In recognition of the considerable uncertainty in the medi cal and legal professions as to the legality of implementing orders not to resuscitate, in recognition of the request of the Supreme Court of Georgia for legislative guidance in this area, and in recognition of the dignity and privacy which patients have a right to expect, the General Assembly declares that the laws of the State of Georgia shall recognize the right of patients or other authorized persons to instruct physicians and other health care personnel to refrain from cardiopulmonary resuscitation."
"31-39-2. As used in this chapter, the term:
(1) 'Adult' means any person who is 18 years of age or older, is the parent of a child, or has married.
(2) 'Attending physician' means the physician selected by or assigned to a patient m-ft health care facility who haa to have primary responsibility for the treatment and care of the patient. Where more than one physician share such responsibility, any such physician may act as the attending physician pursuant to this chapter.
(3) 'Authorized person' means any one person from the following list in the order of priority as listed below:
(A) Any agent appointed pursuant to Chapter 36 of this title, the 'Durable Power of Attorney for Health Care Act';
(B) A spouse;
(C) A guardian over the person appointed pursuant to the provisions of Code Section 29-5-1;
(D) A son or daughter 18 years of age or older;

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(E) A parent; or
(F) A brother or sister 18 years of age or older.
(4) 'Candidate for nonresuscitation' means a patient who, based on a determination to a reasonable degree of medical certainty by an attending physician with the concurrence of another physician:
(A) Has a medical condition which can reasonably be expected to result in the immi nent death of the patient;
(B) Is in a noncognitive state with no reasonable possibility of regaining cognitive func tions; or
(C) Is a person for whom cardiopulmonary resuscitation would be medically futile in that such resuscitation will likely be unsuccessful in restoring cardiac and respiratory func tion or will only restore cardiac and respiratory function for a brief period of time so that the patient will likely experience repeated need for cardiopulmonary resuscitation over a short period of time or that such resuscitation would be otherwise medically futile.
(5) 'Cardiopulmonary resuscitation' means only those measures used to restore or sup port cardiac or respiratory function in the event of a cardiac or respiratory arrest.
(6) 'Decision-making capacity' means the ability to understand and appreciate the na ture and consequences of an order not to resuscitate, including the benefits and disadvan tages of such an order, and to reach an informed decision regarding the order.
(7) 'Health care facility' means an institution which is licensed as a hospital or nursing home pursuant to Article 1 of Chapter 7 of this title or licensed as a hospice pursuant to Article 9 of Chapter 7 of this title.
(8) 'Minor' means any person who is not an adult.
(9) 'Order not to resuscitate' means an order not to attempt cardiopulmonary resuscita tion in the event a patient suffers cardiac or respiratory arrest, or both.
(10) 'Parent' means a parent who has custody of a minor.
(11) 'Patient' means a person who is receiving care and treatment from, or ia a reaident of, a health care facility as defined in thia Code aeettea an attending physician.
(12) 'Reasonably available' means that a person to be contacted can be contacted with diligent efforts by an attending physician, another person acting on behalf of the attending physician, or the health care facility within a reasonable period of time as determined by the attending physician.
31-39-3. (a) Every patient shall be presumed to consent to the administration of cardi opulmonary resuscitation in the event of cardiac or respiratory arrest, unless there is con sent or authorization for the issuance of an order not to resuscitate. Such presumption of consent does not presume that every patient shall be administered cardiopulmonary resusci tation, but rather that every patient agrees to its administration unless it is medically futile.
(b) Every adult shall be presumed to have the capacity to make a decision regarding cardiopulmonary resuscitation unless determined otherwise in writing in the patient's medi cal record pursuant to this Code section or pursuant to a court order. When an order not to resuscitate is requested by an adult with decision-making capacity, such order shall be pre sumed, unless revoked pursuant to Code Section 31-39-6, to be the direction of such person regarding resuscitation.
(c) Nothing in this chapter shall require a health care facility, any other facility, or a health care provider to expand its existing equipment and facilities to provide cardiopulmo nary resuscitation.
31-39-4. (a) It shall be lawful for the attending physician to issue an order not to resuscitatc, provided that the order hna been issued pursuant to the requirements of this chapter. Such an order shall be issued in writing in the patient's chart and shall be effective upon

TUESDAY, FEBRUARY 22, 1994

929

issuance. Such an order shall remain effective, whether or not the patient is receiving treat ment from or is a resident of a health care facility, until the order is canceled as provided in Code Section 31-39-5 or until consent for such order is revoked as provided in Code Section 31-39-6, whichever occurs earlier. An attending physician who has issued such an order and who transfers care of the patient to another physician shall inform the receiving physician and the health care facility, if applicable, of the orderT
(b) An adult person with decision-making capacity may consent orally or in writing to an order not to resuscitate and its implementation at a present or future date, regardless of that person's mental or physical condition on such future date. If the attending physician determines at any time that arTbrder not to resuscitate issued at the request of the patient is no longer appropriate because the patient's medical condition has improved, the physi cian shall immediately notify the patieiit
(c) The appropriate authorized person may, after being informed of the provisions of this Code section, consent orally or in writing to an order not to resuscitate for an adult candidate for nonresuscitation; provided, however, that such consent is based in good faith upon what such authorized person determines such candidate for nonresuscitation would have wanted had such candidate for nonresuscitation understood the circumstances under which such order is being considered.
(d) Any parent may consent orally or in writing to an order not to resuscitate for his or her minor child when such child is a candidate for nonresuscitation. If in the opinion of the attending physician the minor is of sufficient maturity to understand the nature and effect of an order not to resuscitate, then no such order shall be valid without the assent of such minor.
(e) If none of the persons specified in subsections (b), (c), and (d) of this Code section is reasonably available or competent to make a decision regarding an order not to resuscitate, an attending physician may issue an order not to resuscitate for a patient, provided that:
(1) Such physician determines with the concurrence of a second physician, in writing in the patient's medical record, that such patient is a candidate for nonresuscitation; and
(2) An ethics committee or similar panel, as designated by the health care facility, con curs in the opinion of the attending physician and the concurring physician that the patient is a candidate for nonresuscitationr; and
(3) The patient is receiving inpatient or outpatient treatment from or is a resident of a health care facility other than a hospice.
31-39-5. (a) If the attending physician detcfminca at any time that on order not to resuscitate issued at the request of the patient is no longer appropriate because the patient's medical condition has improved, the physician shall immediately notify the patient or, if the patient does not then have decision making capacity, an authorized person. If such person deefaes-to revoke hia consent to the order, the physician shall immediately include in the paticnt'a chart that the patient is no longer a candidate for nonrcauseitation and aholl im mediately cancel the order and notify the person who consented to the order and all hospi' tal ataff responsible for the patient's cafe of the cancellation. An attending physician for whose patient an order not to resuscitate has been issued pursuant to subsection (c), (d), or (e) of Code Section 31-39-4 shall examine that patient at such intervals as determined peri odically by the physician to determine whether the patient still qualifies as a candidate for nonresuscitation, unless that order has been canceled or consent thereto revoked as pro vided in this chapter. That physician shall record such determination in the patient's medi cal chart. Failure to comply with this subsection shall not invalidate that order.
(b) If the order not to resuscitate was entered upon the consent of a parent of author ized person pursuant to subsection (c), (d), or (e) of Code Section 31-39-4 and the attending physician who issued the order or, if he that attending physician is unavailable, another attending physician, at any time determines that the patient no longer qualifies as a candi date for nonresuscitation, the attending physician or the physician's designee shall immedi ately include such determination in the patient's chart, cancel the order, and notify the

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patient, the person who consented to the order, and all hospital staff responsible for the patient's care of the cancellation.
(c) If an order not to resuscitate was entered upon the consent of an authorized person pursuant to subsection (c), (d), or (e) of Code Section 31-39-4 and the patient at any time regains decision-making capacity, the attending physician who issued the order or, if fee that attending physician is unavailable, another attending physician, shall immediately deter mine if the patient consents to the order not to resuscitate and, if the patient does not so consent, the attending physician or the physician's designee shall cancel the order by an appropriate entry on the record and notify all hospital staff responsible for the patient's care of the cancellation.
31-39-6. (a) A patient may, at any time, revoke his or her consent to an order not to resuscitate by making either a written or an oral declaration to a phyaician or member of the nursing staff at the health care facility where he ia being treated or by any other act evidencing a specific intent to revoke such consent which is communicated to a or in the presence of an attending physician or a member of the nursing staff at the health care facil ity staff!
(b) Any parent or authorized person may at any time revoke his or her consent to an order not to resuscitate a patient by notifying a physician or member of the nursing ataff at the health care facility of the revocation of consent in writing, dated and signed, or by orally notifying the attending physician in the presence of a witness 18 ycaro of age or older mak ing either a written or an oral declaration or by any other act evidencing a specific intent to revoke such consent which is communicated to or in the presence of an attending physician or a member of the nursing staff at the health care facility.
(c) Any physician who is informed of or provided with a revocation of consent pursuant to this Code section shall, either by himself or herself or by designee, immediately include the revocation in the patient's chart, cancel the order, and notify tfee~ahy health care facility staff responsible for the patient's care of the revocation and cancellation. Any member of the nursing staff who is informed of or provided with a revocation of consent pursuant to this Code section shall immediately notify a physician of such revocation."
Section 2. Said chapter is further amended by striking subsection (a) of Code Section 31-39-9, relating to the legal right to withhold or withdraw cardiopulmonary resuscitation, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Nothing in this chapter shall impair or supersede any legal right or legal responsi bility which any person may have to effect the withholding or withdrawal of cardiopulmo nary resuscitation in any lawful manner or affect the validity of orders not to resuscitate issued and implemented under other circumstances. In such respect, the provisions of this chapter are cumulative."
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 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 Boshears

Bowen Broun of 46th Brown of 26th Burton

Cheeks Clay Coleman Crotts

TUESDAY, FEBRUARY 22, 1994

931

Day Dean Edge
^(jollchn,senour
Harbison Hemmer Hooks Huggins Isakson

Kemp Langford of 29th Madden Marable McGuire NM...eiwddb, li.el.l.ton Oliver Parrish Perdue Pollard Ragan of llth

Voting in the negative was Senator Glanton.

Those not voting were Senators:

Alien Blitch

Henson Hill

Ragan of 32nd Ralston Robinson Scott Slotin TSmtaayirlror Thomas Thompson Turner Tysinger Walker
Langford of 35th Ray

On the passage of the bill, the yeas were 49, nays 1.
The bill, having received the requisite constitutional majority, was passed by substitute.
The following communication was received from the Governor:
STATE OF GEORGIA Office of the Governor
Atlanta 30334-0900
February 22, 1994
Honorable Pierre Howard Lieutenant Governor and President of the Senate and Members of the Senate Senate Chamber Atlanta, Georgia 30334
Dear Lieutenant Governor Howard and Members of the Senate:
I submit to you, as provided by law, the following appointments for confirmation:
The Honorable William W. Kidd of Dougherty County, as a member of the State Board of Accountancy for the term of office beginning June 2, 1993 and ending June 30, 1996.
The Honorable Essil I. Washington of DeKalb County, as a member of the State Board of Accountancy for the term of office beginning December 8, 1993 and ending June 30, 1997.
The Honorable Danny J. Brown of Washington County, as a member of the Georgia Agricultural Exposition Authority for the term of office beginning September 10, 1993 and ending July 1, 1994.
The Honorable Mary Edenfield of Houston County, as a member of the Georgia Agri cultural Exposition Authority for the term of office beginning September 10, 1993 and end ing June 30, 1995.
The Honorable John T. Mitchell of Bibb County, as a member of the Georgia Agricul tural Exposition Authority for the term of office beginning September 10, 1993 and ending June 30, 1996.

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The following named persons as members of the Georgia Agricultural Exposition Au thority for the term of office beginning September 10, 1993 and ending September 30, 1997: Ralph L. Collins of Mitchell County; and James Eugene Sutherland of Clayton County.
The Honorable Stan Woodhurst, Jr. of Richmond County, as a member of the State Board of Architects for the term of office beginning January 21, 1994 and ending March 5, 1997.
The Honorable Jim Millirons of Clayton County, as a member of the Asbestos Licens ing Board for the term of office beginning December 8, 1993 and ending June 30, 1996.
The Honorable Herbert Adams, Jr. of DeKalb County, as a member of the Asbestos Licensing Board for the term of office beginning January 3, 1994 and ending June 30, 1996.
The Honorable David Pursley of DeKalb County, as a member of the Georgia Board of Athletic Trainers for the term of office beginning August 2, 1993 and ending January 31, 1998.
The Honorable Kay Lynette Edgecombe of DeKalb County, as a member of the Geor gia Board of Athletic Trainers for the term of office beginning January 3, 1994 and ending January 31, 1998.
The Honorable John S. Strickland of Colquitt County, as a member of the Georgia Auctioneers Commission for the term of office beginning July 7, 1993 and ending August 14, 1996.
The Honorable Peter A. DeSantis, Jr. of Thomas County, as a member of the Georgia Auctioneers Commission for the term of office beginning January 7, 1994 and ending August 14, 1998.
The Honorable Stephen J. Adams of Gwinnett County, as a member of the State Board of Barbers, for the term of office beginning April 5, 1993 and ending June 25, 1995.
The following named persons as members of the State Board of Barbers for the term of office beginning February 7, 1994 and ending December 29, 1996: Jimmie F. Rolling of Camden County; and Winston Strickland of Bartow County.
The following named persons as members of the Board of Children and Youth Services for the term of office beginning October 26, 1993 and ending July 6, 1998: Susan Dunwoody of Bibb County; and James Robert Locklin of Clarke County.
The Honorable Joyce Evans of Lowndes County, as a member of the Georgia Child Care Council, for the term of office beginning December 15, 1993 and ending June 30, 1994.
The Honorable Bennie R. Mitchell, Jr. of Chatham County, as a member of the Georgia Board of Chiropractic Examiners, for the term of office beginning April 15, 1993 and ending June 30, 1995.
The Honorable Walter C. Fowler of Muscogee County, as a member of the Georgia Board of Chiropractic Examiners, for the term of office beginning November 4, 1993 and ending August 20, 1994.
The Honorable Kelly M. Reed, Jr. of Henry County, as a member of the Georgia Board of Chiropractic Examiners, for the term of office beginning November 4, 1993 and ending August 20, 1996.
The Honorable Edgar Roberts of Lowndes County, as a member of the Board of Cor rections, for the term of office beginning August 5, 1993 and ending July 1, 1995.
The Honorable James H. Cowart of DeKalb County, as a member of the Board of Cor rections, for the term of office beginning August 5, 1993 and ending July 1, 1996.
The following named persons as members of the Board of Corrections for the term of office beginning August 5, 1993 and ending July 1, 1998: Dewey C. Brown, Jr. of DeKalb County; Charles D. Hudson of Troop County; Charles B. Webster of Richmond County; and William J. Wetherington of Muscogee County.

TUESDAY, FEBRUARY 22, 1994

933

The Honorable Lillie Dumas of Fulton County, as a member of the State Board of Cosmetology, for the term of office beginning January 5, 1994 and ending May 1, 1995.
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 office beginning March 1, 1994 and ending December 31, 1996: Elaine Rubin of Fulton County; Dr. Geraldine Scheller-Gilkey of DeKalb County; and Jan N. Yates of Monroe County.
The following named persons as members of the Georgia Board of Dentistry for the term of office beginning June 25, 1993 and ending January 4, 1998: Dr. Isaac S. Hadley of Muscogee County; and Dr. Pamela Van Pragg of Fulton County.
The Honorable Jeffrey A. Moritz of Lowndes County, as a member of the Georgia Board of Dentistry, for the term of office beginning December 10,1993 and ending August 1, 1998.
The Honorable Albert Billingslea of Bibb County, as a member of the State Board of Education, for the term of office beginning August 12, 1993 and ending January 1, 1995.
The Honorable A. Joe McGlamery of Bulloch County, as a member of the State Board of Education, for the term of office beginning November 10, 1993 and ending January 1, 1995.
The Honorable Charles R. Armour of DeKalb County, as a member of the State Board of Registration for Professional Engineers and Land Surveyors, for the term of office begin ning March 1, 1994 and ending June 1, 1998.
The Honorable Tommie M. Donaldson, Jr. of Bibb County, as a member of the State Board of Registration for Professional Engineers and Land Surveyors, for the term of office beginning March 1, 1994 and ending July 1, 1998.
The following named persons as members of the Board of Commissioner's of the Com mission on Equal Opportunity for the term of office beginning November 2, 1993 and ending September 29, 1996: Dr. William Crews Brown of DeKalb County; Norma Driebe of Fulton County; and Maxine Goldstein of Baldwin County.
The following named persons as members of the Board of Commissioner's of the Com mission on Equal Opportunity for the term of office beginning March 1, 1994 and ending September 29, 1996: Dr. Brenda Hodges-Tiller of Dougherty County; and Brenda Inglehart of Tift County.
The Honorable Sharon Dolliver of Bibb County, as a member of the State Board of Registration for Foresters, for the term of office beginning February 10, 1994 and ending March 19, 1998.
The Honorable Thelon A. Hamby, III of Troup County, as a member of the State Board of Funeral Service, for the term of office beginning July 14, 1993 and ending February 13, 1999.
The Honorable Benjamin S. Persons of Fulton County, as a member of the State Board of Registration for Professional Geologists, for the term of office beginning August 6, 1993 and ending November 24, 1997.
The Honorable Deana W. Womack of Cobb County, as a member of the Health Strate gies Council, for the term of office beginning June 15, 1993 and ending July 1, 1995.
The Honorable Hilton Hatchett Howell, Jr. of Fulton County, as a member of the Board of Human Resources, for the term of office beginning April 6, 1993 and ending April 6, 1996.
The following named persons as members of the Board of Human Resources for the term of office beginning April 6, 1993 and ending April 6, 1998: James L. Alien of Tift County; and Tommy C. Olmstead of Bibb County.

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The Honorable Jane Carithers of Cobb County, as a member of the Board of Human Resources, for the term of office beginning May 3, 1993 and ending April 6, 1997.
The Honorable Cyler Garner of Wilkinson County, as a member of the Board of Human Resources, for the term of office beginning May 3, 1993 and ending April 6, 1998.
The Honorable Terrell Alien of Troup County, as a member of the Board of Human Resources, for the term of office beginning September 23, 1993 and ending April 6, 1996.
The Honorable Ouida S. Kelley of Glynn County, as a member of the Board of Human Resources, for the term of office beginning October 7, 1993 and ending April 6, 1994.
The following named persons as members of the Board of Industry, Trade and Tourism for the term of office beginning July 8, 1993 and ending July 1, 1998: W. Frank Barren, Jr. of Floyd County; John Hunt of Tift County; and Robert W. Kinard of Whitfield County.
The Honorable Ronald E. Elliott of Clarke County, as a member of the Joint Board of Family Practice, for the term of office beginning September 10, 1993 and ending July 1, 1944.
The Honorable James L. Lemley of McDuffie County, as a member of the Joint Board of Family Practice, for the term of office beginning September 10, 1993 and ending July 1, 1998.
The Honorable C. Emory Bohler of Bulloch County, as a member of the Joint Board of Family Practice, for the term of office beginning September 10, 1993 and ending July 1, 1999.
The Honorable Frank L. Hampton of Floyd County, as a member of the Joint Board of Family Practice, for the term of office beginning September 10, 1993 and ending July 1, 2000.
The Honorable Ruth Claiborne of Fulton County, as a member of the Board of Review of the Department of Labor, for the term of office beginning November 18, 1993 and ending November 14, 1998.
The Honorable James K. Smith of DeKalb County, as a member of the Georgia Board of Landscape Architects, for the term of office beginning October 19, 1993 and ending April 1, 1996.
The Honorable Jan S. Vandenbulck of Chatham County, as a member of the Georgia Board of Landscape Architects, for the term of office beginning October 19, 1993 and ending April 1, 1997.
The Honorable N. Lynn Pierson of Fulton County, as a member of the Georgia Board of Landscape Architects, for the term of office beginning February 22, 1994 and ending April 1, 1997.
The Honorable Rosemary K. Evans of Monroe County, as a member of the State Board for the Certification of Librarians, for the term of office beginning February 15, 1994 and ending December 31, 1997.
The Honorable Paula F. Suddeth of Elbert County, as a member of the State Board for the Certification of Librarians, for the term of office beginning February 15, 1994 and end ing January 1, 1999.
The Honorable Arnold Tenenbaum of Chatham County, as a member of the Board of Directors of the Georgia Lottery Corporation, for the term of office beginning May 21, 1993 and ending December 15, 1994.
The Honorable E. Penn Nicholson of DeKalb County, as a member of the Board of Directors of the Georgia Lottery Corporation, for the term of office beginning February 9, 1994 and ending December 15, 1997.
The following named persons as members of the Georgia Magistrate Courts Training

TUESDAY, FEBRUARY 22, 1994

935

Council for the term of office beginning January 14, 1994 and ending August 7, 1995: John R. Mather of Fulton County; and Johnny Warren of Laurens County.
The Honorable Beauty P. Baldwin of Gwinnett County, as a member of the Board of Medical Assistance, for the term of office beginning August 4, 1993 and ending June 30, 1997.
The following named persons as members of the State Medical Education Board for the term of office beginning February 2, 1994 and ending April 1, 1997: Dr. Joseph Peyton Bai ley, Jr. of Richmond County; Dr. Glenda Hawkins Davis of Berrien County; Dr. H. Calvin Jackson of Meriwether County; and Dr. Ollie 0. McGahee, Jr. of Wayne County.
The following named persons as members of the Georgia Music Hall of Fame Authority for the term of office beginning April 27, 1993 and ending January 1, 1997: Wit B. Carson, III of Cobb County; and Sam W. Doss, Jr. of Floyd County.
The following named persons as members of the Georgia Music Hall of Fame Authority for the term of office beginning January 7, 1994 and ending January 1, 1998: Donald T. Browne of Fulton County; and C. Robert Short of DeKalb County.
The Honorable J. D. Caswell of Gwinnett County, as a member of the Board of Natural Resources, for the term of office beginning July 29, 1993, and ending March 16, 1999.
The Honorable Willis Benjamin Seay, III of Burke County, as a member of the Board of Natural Resources, for the term of office beginning July 29, 1993 and ending January 1, 2000.
The Honorable Joseph Bascuas of Fulton County, as a member of the Nonpublic Postsecondary Education Commission, for the term of office beginning June 10,1993 and ending July 1, 1994.
The following named persons as members of the Nonpublic Postsecondary Education Commission for the term of office beginning June 10, 1993 and ending July 1, 1995: Lewis P. Brown, Jr. of Wilkes County; Louisa Franklin of Towns County; and Janie Hudson of Doug las County.
The following named persons as members of the Nonpublic Postsecondary Education Commission for the term of office beginning June 10, 1993 and ending July 1, 1996: Tom Carey of Fulton County; William A. Tomlin of Meriwether County; and Lillie R. Tripp of Greene County.
The Honorable Jewel M. McDougald of Taylor County, as a member of the Georgia Board of Nursing, for the term of office beginning January 19, 1994 and ending December 31, 1995.
The Honorable Vickie A. Lambert of McDuffie County, as a member of the Georgia Board of Nursing, for the term of office beginning January 19, 1994 and ending September 23, 1996.
The following named persons as members of the State Board of Occupational Therapy for the term of office beginning November 17, 1993 and ending December 31, 1994: Dr. Virginia R. Alien of Richmond County; and Christine B. Doane of Cobb County.
The Honorable Ann Greeson of Gordon County, as a member of the State Board of Occupational Therapy, for the term of office beginning November 17, 1993 and ending De cember 31, 1995.
The Honorable Stephan E. Sanford of Gwinnett County, as a member of the State Board of Dispensing Opticians, for the term of office beginning October 20,1993 and ending March 16, 1997.
The following named persons as members of the State Board of Examiners in Optometry for the term of office beginning February 11, 1994 and ending September 6, 1995: Dr. Vera Eileen Burns of DeKalb County; and Dr. William L. Dobbs of Newton County.

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The Honorable Harley Kemp Jones of Emanuel County, as a member of the State Board of Examiners in Optometry, for the term of office beginning February 11, 1994 and ending September 6, 1996.
The Honorable Wayne Garner of Carroll County, as a member of the State Board of Pardons and Paroles, for the term of office beginning April 7, 1993 and ending December 31, 1999.
The Honorable Bobby K. Whitworth of Gwinnett County, as a member of the State Board of Pardons and Paroles, for the term of office beginning June 10, 1993 and ending December 31, 1997.
The Honorable John T. Sherrer of Cobb County, as a member of the State Board of Pharmacy, for the term of office beginning November 17, 1993 and ending November 1, 1998.
The Honorable Welcome Emerson Mason of Lincoln County, as a member of the State Board of Physical Therapy, for the term of office beginning April 20, 1993 and ending June 30, 1995.
The following named persons as members of the State Board of Physical Therapy for the term of office beginning October 19, 1993 and ending August 30, 1996: Denice Mooney of Irwin County; and Patricia H. Willis of Gwinnett County.
The Honorable Paul G. Smaha of Bibb County, as a member of the State Board of Podiatry Examiners, for the term of office beginning October 15, 1993 and ending May 5, 1996.
The Honorable Frances H. Mahan of DeKalb County, as a member of the Georgia Board of Private Detective and Security Agencies, for the term of office beginning Septem ber 13, 1993 and ending July 1, 1997.
The following named persons as members of the Professional Standards Commission for the term of office beginning July 9, 1993 and ending July 1, 1996: Florence Ann Bice of Bulloch County; Norman C. Bigham of Cobb County; Dr. Edward V. Deaton of Muscogee County; Dr. Floyd Toth of Lowndes County; and Dr. Russell Yeany of Clarke County.
The Honorable Kathryn Milner Shehane of Douglas County, as a member of the Pro fessional Standards Commission, for the term of office beginning August 25, 1993 and end ing July 1, 1996.
The Honorable Donald P. Gale of Gwinnett County, as a member of the Georgia Real Estate Commission, for the term of office beginning May 12, 1993 and ending January 26, 1995.
The Honorable Alfred Knox, Sr. of Fulton County, as a member of the Georgia Real Estate Commission, for the term of office beginning November 10, 1993 and ending January 25, 1998.
The Honorable Elizabeth Lovett of Dougherty County, as a member of the Georgia Real Estate Appraisers Board, for the term of office beginning November 8, 1993 and ending July 1, 1995.
The Honorable George E. Junnier of Fannin County, as a member of the Georgia Real Estate Appraisers Board, for the term of office beginning November 8, 1993 and ending July 1, 1998.
The Honorable Edward S. Porubsky of Richmond County, as a member of the State Board of Examiners for Speech-Language Pathology and Audiology, for the term of office beginning March 22, 1993 and ending June 24, 1995.
The Honorable Lue Roche of Clayton County, as a member of the State Board of Ex aminers for Speech-Language Pathology and Audiology, for the term of office beginning Oc tober 14, 1993 and ending July 1, 1995.

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937

The following named persons as members of the State Board of Examiners for SpeechLanguage Pathology and Audiology for the term of office beginning October 14, 1993 and ending July 1, 1996: Virginia Wilson Flanagin of Richmond County; and Mamie Harris of Colquitt County.
The Honorable Greer Johnson of DeKalb County, as a member of the Stone Mountain Memorial Association, for the term of office beginning July 21, 1993 and ending February 24, 1997.
The following named persons as members of the State Board of Technical and Adult Education for the term of office beginning July 12, 1993 and ending June 30, 1998: Gwen Goodman of Chatham County; Eugune Hunt of Richmond County; and Daniel B. Rather of Fulton County.
The Honorable Barbara M. Driscoll of Fulton County, as a member of the State Chil dren's Trust Fund Commission, for the term of office beginning October 28,1993 and ending June 30, 1994.
The following named persons as members of the State Children's Trust Fund Commis sion for the term of office beginning October 28, 1993 and ending June 30, 1995: Rebecca A. Cheatham of Chatham County; Barbara Levitas of DeKalb County, Dr. Marlene P. Mitchell-Tibbs of Muscogee County; Polly B. Simpson of Fulton County; and Dr. Quentin Ted Smith of Fulton County.
The following named persons as members of the State Children's Trust Fund Commis sion for the term of office beginning October 28, 1993 and ending June 30, 1996: Dr. Juanita Carter of DeKalb County; and Dr. Anita Payne Smith of Hall County.
The Honorable Dwight H. Evans of DeKalb County, as a member of the Board of Re gents of the University System of Georgia, for the term of office beginning July 13, 1993 and ending January 1, 2000.
The following named persons as members of the Board of Regents of the University System of Georgia for the term of office beginning February 8, 1994 and ending January 1, 2001: Kenneth W. Cannestra of Fulton County; and Ed Jenkins of Pickens County.
The Honorable W. Wayne Reaves of Bibb County, as a member of the State Board of Registration of Used Car Dealers, for the term of office beginning May 19, 1993 and ending June 30, 1996.
The Honorable Fred Thomas Fincher, Sr. of Troup County, as a member of the Veter ans Service Board, for the term of office beginning July 21, 1993 and ending April 1, 1999.
The Honorable Eugene T. Maddox of Grady County, as a member of the State Board of Veterinary Medicine, for the term of office beginning March 24,1993 and ending September 16, 1997.
The Honorable W. Don Bush of Dougherty County, as a member of the State Board of Veterinary Medicine, for the term of office beginning December 2, 1993 and ending Septem ber 16, 1998.
The Honorable Wallace Rhodes of Troup County, as a member of the State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Lab oratory Analysts, for the term of office beginning March 31, 1993 and ending June 30, 1995.
The Honorable M. Yvette Miller of Fulton County, as a member of the State Board of Workers' Compensation, for the term of office beginning April 29, 1993 and ending May 1, 1997.
The Honorable Harrill Dawkins of Rockdale County, as a member of the State Board of Workers' Compensation, for the term of office beginning May 1, 1993 and ending May 1, 1997.
Sincerely,
/s/ Zell Miller

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Senator Robinson of the 16th moved that the Senate do now adjourn until 9:30 A.M. tomorrow; the motion prevailed, and the President announced the Senate adjourned at 11:31 A.M.

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939

Senate Chamber, Atlanta, Georgia Wednesday, February 23, 1994 Twenty-eighth Legislative Day

The Senate met pursuant to adjournment at 9:30 A.M. today and was called to order by Senator Robinson of the 16th, President Pro Tempore.
Senator Muggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1113. By Representatives Skipper of the 137th and Smith of the 102nd: A bill to amend an Act establishing a Board of Commissioners of Talbot County, so as to provide that such board shall be composed of five commissioners; to provide for commissioner districts.
HB 1730. By Representative Teague of the 58th: A bill to amend an Act creating a new charter for the City of Union City, so as to clarify the manner in which elections are held in the City of Union City; to pro vide that the mayor and councilmembers shall be elected by plurality vote.
HB 1794. By Representative Lane of the 55th: A bill to amend an Act to create the East Point Parking Authority, so as to change the composition and appointment of membership on the authority.
HB 1796. By Representative Lane of the 55th: A bill to amend an Act to create and establish the East Point Building Authority, so as to change the composition and appointment of membership on the authority.
HB 1826. By Representative Crawford of the 129th: A bill to amend an Act establishing a new charter for the City of Thomaston, so as to deannex certain property from the corporate limits of the city.
HB 1849. By Representatives Golden of the 177th, Patten of the 176th and Reaves of the 178th: A bill to provide for a board of elections and registration for Lowndes County.
HB 1852. By Representatives Hammond of the 32nd, Barnes of the 33rd, Cauthorn of the 35th, Towery of the 30th, Klein of the 39th and others: A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the judges of the State Court of Cobb County.

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HB 1853. By Representatives Hammond of the 32nd, Barnes of the 33rd, Cauthorn of the 35th, Towery of the 30th, Klein of the 39th and others:
A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of judges of the second division of the State Court of Cobb County.
HB 1854. By Representatives Hammond of the 32nd, Barnes of the 33rd, Cauthorn of the 35th, Klein of the 39th, Shipp of the 38th and others:
A bill to amend an Act creating the State Court of Cobb County, so as to in crease the compensation of the solicitor.
HB 1855. By Representatives Coker of the 31st, Atkins of the 29th, Hammond of the 32nd, Cauthorn of the 35th, Barnes of the 33rd 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 compensation of the clerk and deputy clerk of the superior court.
HB 1856. 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 clerical help allowance for the judge of the probate court; to increase the clerical help allowance of the clerk of the superior court.
HB 1862. By Representatives Ehrhart of the 36th, Coker of the 31st, Atkins of the 29th, Vaughan of the 34th, Cauthorn of the 35th and others:
A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the provisions relative to the compensation of the chief investigator and the investi gators and the chief assistant district attorney and the assistant district attorneys.
HB 1863. By Representatives Hammond of the 32nd, Barnes of the 33rd, Cauthorn of the 35th, Shipp of the 38th, Ehrhart of the 36th 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 the provisions relating to dismissal of employees and scheduling of hearings.
HB 1841. By Representative Lane of the 55th:
A bill to provide an exemption for the full value of the homestead from all ad valorem taxes levied for City of East Point government purposes, including ad valorem taxes levied to pay interest on and retire bonded indebtedness of the City of East Point government, for each resident of East Point who is 70 years of age or over or disabled if the resident's gross income together with the gross in come of the spouse who also resides at such homestead does not exceed the maximum.
HB 1783. By Representative Benefield of the 96th:
A bill to amend Chapter 1 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions relative to public utilities and public transporta tion, so as to exclude certain small buses from the definition of motor contract carrier and motor common carrier.

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941

HB 1684. By Representatives Birdsong of the 123rd, Bargeron of the 120th, Padgett of the 119th, Smith of the 175th, Moore of the 113th and others:
A bill to amend Part 1 of Article 1 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to general provisions applicable to the state militia, so as to provide that the Governor is authorized to order the Georgia National Guard to duty for the purpose of assisting federal, state, and local law enforce ment agencies in drug law enforcement matters and for the purpose of delivering medical care to medically underserved areas.
HB 1198. By Representatives Wall of the 82nd, Mobley of the 86th, Davis of the 48th, McKinney of the 51st, Bannister of the 77th and others:
A bill to amend Article 4 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to reckless conduct, so as to provide for the offense of driveby shooting; to amend Code Section 17-10-30 of the Official Code of Georgia An notated, relating to the procedure of the imposition of the death penalty gener ally, so as to add as a statutory aggravating circumstance the offense of murder committed while offender was engaged in the commission of the offense of driveby shooting.
HB 1672. By Representative Watson of the 139th:
A bill to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Georgia Public Service Commission generally, so as to provide procedures for the determination of appropriate gas supply plans for gas utilities and adjustment factors which shall be applicable to firm customers.
HB 1504. By Representatives Felton of the 43rd, Campbell of the 42nd, Barnes of the 33rd, Cauthorn of the 35th, Vaughan of the 34th and others:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization, so as to change the manner of appoint ment of members and alternate members of county boards of equalization in any county of this state having a population of 400,000 or more according to the United States decennial census of 1990 or any future such census.
HB 596. By Representatives Birdsong of the 123rd, Lord of the 121st, Chandler of the 99th, Smith of the 174th and Hembree of the 98th:
A bill to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to the computation of Georgia taxable net income, so as to increase the amount of the exclusion with respect to retirement income.
HB 1306. By Representatives Lord of the 121st, Culbreth of the 132nd, Towery of the 30th, Johnson of the 148th, Brown of the 117th and others:
A bill to amend Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance, so as to enact a new article providing for health care insurance coverage to be made available for the residents of this state.
The following bills and resolution of the Senate were introduced, read the first time and referred to committees:
SB 695. By Senator Pollard of the 24th:
A bill to amend Article 4 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the insurance of workers' compensation liability generally,

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so as to provide for a strategy to reduce the number of employers insured through the Georgia Workers' Compensation Insurance Plan. Referred to Committee on Insurance and Labor.
SB 696. By Senators Coleman of the 1st, Turner of the 8th and Starr of the 44th:
A bill to amend Article 1 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to retail installment and home solicitation sales, so as to pro vide for the application of payments to revolving accounts by written agreement of the parties; to provide for construction. Referred to Committee on Banking and Financial Institutions.
SB 697. By Senators Glanton of the 34th, Gochenour of the 27th and Day of the 48th:
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 repeal the provisions relating to the crimes of stalking and aggravated stalking; to provide for the enactment of new provisions relating to stalking; to provide for a short title; to provide for defini tions; to provide for the offenses of stalking and aggravated stalking; to provide for penalties; to provide for arrest and the powers of law enforcement officers. Referred to Committee on Judiciary.
SB 698. By Senators Boshears of the 6th and Kemp of the 3rd:
A bill to amend Code Section 12-8-94 of the Official Code of Georgia Annotated, relating to the powers and duties of the director of the Environmental Protection Division of the Department of Natural Resources, so as to authorize the director to request the Georgia State Financing and Investment Commission for the issu ance of public debt to fund activities to correct hazardous waste sites; to provide that any moneys recovered from responsible persons shall be applied to reduce such indebtedness. Referred to Committee on Natural Resources.
SB 699. By Senators Boshears of the 6th and Kemp of the 3rd:
A bill to provide a homestead exemption from Wayne County ad valorem taxes for county purposes in an amount equal to the amount of the assessed value of the homestead which exceeds the assessed value of that homestead for the taxa ble year immediately preceding the taxable year in which that exemption is first granted to a resident for certain residents of that county who have annual in comes not exceeding $30,000.00 and who are 62 years of age or over. Referred to Committee on Urban and County Affairs.
SB 700. By Senators Boshears of the 6th and Kemp of the 3rd:
A bill to provide a homestead exemption from Glynn County ad valorem taxes for county purposes in an amount equal to the amount of the assessed value of the homestead which exceeds the assessed value of that homestead for the taxa ble year immediately preceding the taxable year in which that exemption is first granted to a resident for certain residents of that county who have annual in comes not exceeding $30,000.00 and who are 62 years of age or over. Referred to Committee on Urban and County Affairs.
SR 546. By Senators Boshears of the 6th and Kemp of the 3rd:
A resolution proposing an amendment to the Constitution so as to authorize the state to incur debt to fund activities associated with the investigation, detoxifica tion, removal, and disposal of any hazardous wastes, hazardous constituents, or hazardous substances at sites where corrective action is necessary to mitigate a

WEDNESDAY, FEBRUARY 23, 1994

943

present or future danger to human health or the environment; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Finance and Public Utilities.
The following bills of the House were read the first time and referred to committees:
HB 596. By Representatives Birdsong of the 123rd, Lord of the 121st, Chandler of the 99th and others:
A bill to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to the computation of Georgia taxable net income, so as to increase the amount of the exclusion with respect to retirement income. Referred to Committee on Finance and Public Utilities.
HB 1198. By Representatives Wall of the 82nd, Mobley of the 86th, Davis of the 48th and McKinney of the 51st:
A bill to amend Article 4 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to reckless conduct, so as to provide for the offense of driveby shooting; to amend Code Section 17-10-30 of the Official Code of Georgia An notated, relating to the procedure for the imposition of the death penalty gener ally, so as to add as a statutory aggravating circumstance the offense of murder committed while offender was engaged in the commission of the offense of driveby shooting. Referred to Committee on Special Judiciary.
HB 1306. By Representatives Lord of the 121st, Culbreth of the 132nd, Towery of the 30th and others:
A bill to amend Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance, so as to enact a new article providing for health care insurance coverage to be made available for the residents of this state. Referred to Committee on Health and Human Services.
HB 1504. By Representatives Felton of the 43rd, Campbell of the 42nd, Barnes of the 33rd and others:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization, so as to change the manner of appoint ment of members and alternate members of county boards of equalization in any county of this state having a population of 400,000 or more according to the United States decennial census of 1990 or any future such census. Referred to Committee on Urban and County Affairs (General).
HB 1672. By Representative Watson of the 139th:
A bill to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Georgia Public Service Commission generally, so as to provide procedures for the determination of appropriate gas supply plans for gas utilities and adjustment factors which shall be applicable to firm customers. Referred to Committee on Finance and Public Utilities.
HB 1684. By Representatives Birdsong of the 123rd, Bargeron of the 120th, Padgett of the 119th and others:
A bill to amend Part 1 of Article 1 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to general provisions applicable to the state militia, so as to provide that the Governor is authorized to order the Georgia National

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Guard to duty for the purpose of assisting federal, state, and local law enforce ment agencies in drug law enforcement matters and for the purpose of delivering medical care to medically underserved areas. Referred to Committee on Defense and Veterans Affairs.
HB 1783. By Representative Benefield of the 96th:
A bill to amend Chapter 1 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions relative to public utilities and public transporta tion, so as to exclude certain small buses from the definition of motor contract carrier and motor common carrier. Referred to Committee on Transportation.
HB 1113. By Representatives Skipper of the 137th and Smith of the 102nd:
A bill to amend an Act establishing a Board of Commissioners of Talbot County, so as to provide that such board shall be composed of five commissioners; to provide for commissioner districts. Referred to Committee on Urban and County Affairs.
HB 1730. By Representative Teague of the 58th:
A bill to amend an Act creating a new charter for the City of Union City, so as to clarify the manner in which elections are held in the City of Union City; to pro vide that the mayor and councilmembers shall be elected by plurality vote. Referred to Committee on Urban and County Affairs.
HB 1794. By Representative Lane of the 55th:
A bill to amend an Act to create the East Point Parking Authority, so as to change the composition and appointment of membership on the authority. Referred to Committee on Urban and County Affairs.
HB 1796. By Representative Lane of the 55th:
A bill to amend an Act to create and establish the East Point Building Authority, so as to change the composition and appointment of membership on the authority. Referred to Committee on Urban and County Affairs.
HB 1826. By Representative Crawford of the 129th:
A bill to amend an Act establishing a new charter for the City of Thomaston, so as to deannex certain property from the corporate limits of the city. Referred to Committee on Urban and County Affairs.
HB 1841. By Representative Lane of the 55th:
A bill to provide an exemption for the full value of the homestead from all ad valorem taxes levied for City of East Point government purposes, including ad valorem taxes levied to pay interest on and retire bonded indebtedness of the City of East Point government, for each resident of East Point who is 70 years of age or over or disabled if the resident's gross income together with the gross in come of the spouse who also resides at such homestead does not exceed the maximum. Referred to Committee on Urban and County Affairs.

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HB 1849. By Representatives Golden of the 177th, Patten of the 176th and Reaves of the 178th:
A bill to provide for a board of elections and registration for Lowndes County. Referred to Committee on Urban and County Affairs.
HB 1852. By Representatives Hammond of the 32nd, Barnes of the 33rd, Cauthorn of the 35th and others: A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the judges of the State Court of Cobb County.
Referred to Committee on Urban and County Affairs.
HB 1853. By Representatives Hammond of the 32nd, Barnes of the 33rd, Cauthorn of the 35th and others: A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of judges of the second division of the State Court of Cobb County.
Referred to Committee on Urban and County Affairs.
HB 1854. By Representatives Hammond of the 32nd, Barnes of the 33rd, Cauthorn of the 35th and others:
A bill to amend an Act creating the State Court of Cobb County, so as to in crease the compensation of the solicitor. Referred to Committee on Urban and County Affairs.
HB 1855. By Representatives Coker of the 31st, Atkins of the 29th, Hammond of the 32nd 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 compensation of the clerk and deputy clerk of the superior court.
Referred to Committee on Urban and County Affairs.
HB 1856. 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 clerical help allowance for the judge of the probate court; to increase the clerical help allowance of the clerk of the superior court.
Referred to Committee on Urban and County Affairs.
HB 1862. By Representatives Ehrhart of the 36th, Coker of the 31st, Atkins of the 29th and others: A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the provisions relative to the compensation of the chief investigator and the investi gators and the chief assistant district attorney and the assistant district attorneys.
Referred to Committee on Urban and County Affairs.
HB 1863. By Representatives Hammond of the 32nd, Barnes of the 33rd, Cauthorn of the 35th 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

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Cobb County, so as to change the provisions relating to dismissal of employees and scheduling of hearings. Referred to Committee on Urban and County Affairs.
The following committee reports were read by the Secretary:
Mr. President:

The Committee on Education has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 529. Do pass by substitute.
SB 629. Do pass.
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 1308. 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 and resolu tions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 460. Do pass.

SR 509. Do pass.

SB 674. Do pass.

HR 709. Do pass.

SB 676. Do pass as amended.

Respectfully submitted,

Senator Oliver of the 42nd District, Chairman

Mr. President:

The Committee on Natural Resources has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1619. Do pass as amended.
Respectfully submitted,
Senator Gillis of the 20th District, Chairman

WEDNESDAY, FEBRUARY 23, 1994

947

Mr. President:

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

SB 688. Do pass. HB 1513. Do pass.

HB 1651. Do pass.

Respectfully submitted,

Senator Gillis of the 20th District, Chairman

Mr. President:

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

SB 168. HB 1209. HB 1340.

Do pass by substitute. Do pass. Do pass.

HB 1389. HB 1550. HB 1601.

Do pass as amended. Do pass. Do pass.

Respectfully submitted,

Senator Bowen of the 13th District, Chairman

Mr. President:

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

SR 387. Do pass. SR 388. Do pass.

SR 464. Do pass. HR 463. Do pass by substitute.

SR 512. Do pass by substitute.

Respectfully submitted,

Senator. Scott of the 36th 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 638. Do pass by substitute.

HB 1648. Do pass.

SB 675. Do pass. SB 677. Do pass.
SB 678. Do pass. SB 679. Do pass.
_ SB 682. Do pass. SB 683. Do pass.

HB 1668. HB mi HB im

Do pass by substitute. Do pass. DQ pass

HB 1801. Do pass. HB 1808' Do Pass"

SB 684. Do pass. HB 1427. Do pass.

HB 1809- Do PassHB 1815. Do pass. Respectfully submitted, Senator Thompson of the 33rd District, Chairman

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

SB 510 SB 671 HB 763 HB 1201 HB 1600 HB 1793

SB 544 SR 392 HB 1000 HB 1322 HB 1608

SB 609 HB 633 HB 1100 HB 1502 HB 1723

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

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 Guhl Harbison Hemmer Henson Hill
Hooks Huggins Isakson Kemp Langford of 29th Madden Marable McGuire

Those not answering were Senators:

Abernathy Langford of 35th

Ray Robinson (presiding)

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

The President Pro Tempore led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Henson of the 55th introduced the chaplain of the day, Reverend Robert Crawford, pastor of United Methodist Church, Decatur, Georgia, who offered scripture reading and prayer.
The President assumed the Chair.
The following resolutions were read and adopted:
SR 544. By Senators Day of the 48th, Hemmer of the 49th and Middleton of the 50th: A resolution honoring Sheriff Wesley C. Walraven, Jr.
SR 545. By Senator Hill of the 4th: A resolution honoring Mrs. Nancy L'Bertie "Miss Bertie" Rushing on the event of her 100th birthday.

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949

Senator Ragan of the llth introduced the Colquitt County High School Band, com mended by SR 520, adopted previously, and their Superintendent who addressed the Senate briefly.
The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Wednesday, February 23, 1994
TWENTY-EIGHTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
*SB 638 Glanton, 34th Langford, 35th Scott, 36th Abernathy, 38th Slotin, 39th Egan, 40th Day, 48th Newbill, 56th FULTON COUNTY
Amends an Act providing for the number and election of members of the Board of Education of Fulton County, so as to change the provisions relating to vacancies on that board. (SUBSTITUTE)
SB 675 Kemp, 5th Boshears, 6th GLYNN COUNTY
Amends an Act creating the Board of Commissioners of Glynn County, so as to change the composition of the commissioner districts; to provide for cer tain definitions and inclusions; to require submission of this Act to the US Attorney General for certain approval; to provide for automatic repeal of this Act under certain circumstances.
SB 677 Ralston, 51st GILMER COUNTY
Amends an Act entitled "An Act to create the Ellijay-Gilmer County Water and Sewerage Authority," so as to provide for the compensation of the mem bers of such authority.
SB 678 Boshears, 6th APPLING
Provides a homestead exemption from Appling County ad valorem taxes for county purposes in an amount equal to the amount of the assessed value of that homestead for the taxable year immediately preceding the taxable year in which that exemption is first granted to a resident for certain residents of that county who have annual incomes not exceeding $30,000 and who are 62 years of age or over.
SB 679 Newbill, 56th CITY OF ALPHARETTA
Amends an Act consolidating, creating, revising, and superseding the several Acts incorporating the City of Alpharetta, Georgia, in the County of Fulton

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and creating a new charter for said city, so as to change provisions relating to the municipal court of the City of Alpharetta.

SB 682 Day, 48th Hemmer, 49th FORSYTH COUNTY
Increases from $2,000 to $5,000 over a three-year period the homestead ex emption from certain ad valorem taxes levied by Forsyth County for county purposes; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referen dum, effective date, and automatic repeal.

SB 683 Boshears, 6th BACON COUNTY
Provides a homestead exemption from Bacon County ad valorem taxes fo> county purposes in an amount equal to the amount of the assessed value of the homestead which exceeds the assessed value of that homestead for the taxable year immediately preceding the taxable year in which that exemption is first granted to a resident for certain residents who have annual incomes not exceeding $30,000 and who are 62 years of age or over.

SB 684 Boshears, 6th BRANTLEY COUNTY
Provides a homestead exemption from Brantley County ad valorem taxes for county purposes in an amount equal to the amount of the assessed value of the homestead which exceeds the assessed value of that homestead for the taxable year immediately preceding the taxable year in which that exemption is first granted to a resident for certain residents of that county who have annual incomes not exceeding $30,000 and who are 62 years of age or over.

HB 1427 Balfour, 9th Day, 48th CITY OF LAWRENCEVILLE
Increases the homestead exemption from city ad valorem taxes, except taxes levied to retire bonded indebtedness, for residents of the City of Lawrenceville who own and occupy their residences.

HB 1648 Baugh, 25th PUTNAM COUNTY
Provides for homestead exemptions from Putnam County ad valorem taxes for county purposes and from Putnam County school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of that homestead for residents of that county.

*HB 1668

Edge, 28th Glanton, 34th FAYETTE COUNTY
Creates a court to be known as the court of Fayette County. (SUBSTITUTE)

HB 1741 Edge, 28th CITY OF NEWNAN
Amends an Act establishing the City Court of Newnan, so as to provide that the judge and solicitor of such court shall devote full time to their official duties.

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951

HB 1765 McGuire, 30th Glanton, 34th DOUGLAS COUNTY
Amends an Act providing for election districts for the board of education of Douglas County, so as to provide for election of members.
HB 1801 Middleton, 50th DAWSON COUNTY Amends an Act to provide for an elected Board of Education of Dawson County, so as to provide new education districts.
HB 1808 Turner, 8th Ragan, llth GRADY COUNTY
Amends an Act creating a new board of education of Grady County, so as to provide for new districts for members of the board of education.
HB 1809 Turner, 8th Ragan, llth GRADY COUNTY Amends an Act creating a new board of commissioners of Grady County, so as to provide for new districts for members of the board of commissioners.
HB 1815 Crotts, 17th HENRY COUNTY Amends an Act creating the Henry County Water and Sewerage Authority, so as to change the compensation of the members of the authority.
HB 1751 Crotts, 17th Guhl, 45th NEWTON COUNTY Provides a homestead exemption from certain Newton County ad valorem taxes for county purposes in the amount of $2,000.00 of the assessed value of certain homesteads which are leased to certain residents of that county.
The substitutes to the following bills were put upon their adoption:
*SB 638:
The Senate Urban and County Affairs Committee offered the following substitute to SB
638:
A BILL
To be entitled an Act to amend an Act providing for the number and election of mem bers of the Board of Education of Fulton County, approved February 10,1984 (Ga. L. 1984, p. 3591), as amended, so as to change the provisions relating to vacancies on that board; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing for the number and election of members of the Board of Education of Fulton County, approved February 10, 1984 (Ga. L. 1984, p. 3591), as amended, is amended by striking paragraph (2) of subsection (b) of Section 3 thereof, which reads as follows:
"(2) If the vacancy occurs during the last 28 months of a term of office, the remaining

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members of the board shall appoint a qualified resident of the education district wherein the vacancy occurred to serve for the remainder of the unexpired term.",
and inserting in its place a new paragraph to read as follows:
"(2) If the vacancy occurs during the last 28 months of a term of office, the remaining members of the board shall appoint a qualified resident of the education district wherein the vacancy occurred to serve for the remainder of the unexpired term. If the vacancy is not filled by such appointment within 90 days after it occurs and upon that ninetieth day there are at least 12 months of the unexpired term remaining, no appointment to fill that vacancy is thereafter authorized. Instead, the election superintendent of Fulton County shall con duct a special nonpartisan election in the education district wherein the vacancy occurred to fill that vacancy for the unexpired term."
Section 2. 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.
*HB 1668:
The Senate Urban and County Affairs Committee offered the following substitute to HB 1668:
A BILL
To be entitled an act to create a court to be known as the State Court of Fayette County; to define its jurisdiction and powers; to provide for the election, qualifications, du ties, powers, terms, and compensation of the judge and solicitor thereof; to provide for a court reporter; to provide for the pleading and practice and rules of procedure therein; to provide for jurors for said court; to provide for costs of said court; to provide for appeals from said court; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Pursuant to Chapter 7 of Title 15 of the Official Code of Georgia Annotated, there is created a state court in Fayette County, which shall be known as the State Court of Fayette County, with the powers and duties set out in this Act.
Section 2. The governing authority of Fayette County shall provide an adequate place and facilities for the holding of the State Court of Fayette County. The said court shall be located in the City of Fayetteville, Georgia.
Section 3. There shall be a judge of the State Court of Fayette County, who shall be elected for a term of four years and shall be elected each four years thereafter at succeeding general elections. Qualifying and primary elections preceding the general election shall be as required by law. The first election for said judge of the State Court of Fayette County shall be in the general election to be held in November, 1994, and the term of said officer so elected shall begin January 1, 1995.
Section 4. The judge of the State Court of Fayette County shall have been a resident of the State of Georgia for three years, next preceding the beginning of said judge's term of office; the judge shall also have been a resident of Fayette County for one year, next preced ing the beginning of said judge's term of office. A qualified candidate shall not be less than 25 years of age at the commencement of his or her term of office, shall have been admitted to the practice of law for at least five years, and shall be a member in good standing of the State Bar of Georgia. The judge of the State Court of Fayette County shall be a full-time judge and shall not engage in the private practice of law.
Section 5. The State Court of Fayette County shall have terms two months in duration, to be held on the first Monday of every other month commencing with the first Monday in February, 1995. Succeeding terms shall begin in April, June, August, October, and Decem ber. Such terms shall remain open for the transaction of business until the next succeeding

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term of said court. The terms of said court are subject to being lengthened or shortened upon the sole discretion of the judge of said court. The court shall be open at all times for business. Each term of said court shall have a jury and a nonjury calendar. When there are not sufficient contested jury cases the judge of said court, in his or her own discretion, may omit the drawing of a jury for any term of said court; however, this will not prohibit said judge from having a nonjury calendar during any term of court at which said judge omits having jury cases.
Section 6. All actions in the State Court of Fayette County shall be commenced just as actions are commenced in the superior courts of this state. Chapter 11 of Title 9 of the Official Code of Georgia Annotated, the "Georgia Civil Practice Act," as it now exists and as it may be hereafter amended, shall serve as the rules of practice and procedure in the State Court of Fayette County.
Section 7. Either party may demand a jury trial at any time prior to the commence ment of the trial by filing a separate demand for trial by jury; provided, however, where neither party demands a trial by jury the judge of the State Court of Fayette County shall have the right on said judge's own motion and in his or her own discretion to refer any cause involving an issue of fact to a jury for trial for a general verdict in said case, or said judge may refer any issue of fact to a jury for the rendering of a special verdict on such issue, said jury trial to be had in all other respects as if demanded by a party to said case. A jury trial once demanded by either party shall not be waived except by written consent of the oppo site party.
Section 8. The jurors for the State Court of Fayette County shall be drawn and selected from the jury box of the Superior Court of Fayette County. The judge shall draw a sufficient number of jurors in the manner required by law. All laws with reference to the selection of traverse jurors in the superior courts not inconsistent with the provisions of this Act shall apply to the State Court of Fayette County. The jurors so drawn shall be summoned by the Sheriff of Fayette County, or other lawful officer, in the manner authorized in the Superior Court of Fayette County at least five days before the court date at which they are called to serve, and from the jurors drawn and summoned as above provided, there shall be em paneled in all civil cases to be tried by a jury in said court, a panel of twelve prospective jurors, and in each case, each side shall have three peremptory strikes, to be used as re quired by Georgia law, and the six remaining jurors shall constitute a jury for the trial of such case. If there should be any deficiency of jurors from cause or absence, the sheriff by direction of the court shall complete the jury by talesman sufficient to meet the needs of the court. Each juror shall receive the same compensation while serving as a juror in said court as is paid in the superior court of said county, the same to be paid by Fayette County under the laws governing the payment of superior court jurors. All laws of force with reference to the qualifications, oaths, exemptions, and financing of jurors in the superior courts of this state shall, when not inconsistent with the provisions of this Act, be observed in said State Court of Fayette County.
Section 9. (a) Proceedings in criminal cases in the State Court of Fayette County shall be by accusation or referral of indictment by the Superior Court of Fayette County and trial shall conform to rules governing like proceedings in the superior court, except that the jury in said court shall consist of six jurors to be stricken alternately by the defendant and state from a panel of twelve, as provided by Georgia law. The defendant shall be entitled to four peremptory strikes and the state shall be entitled to two peremptory strikes. The remaining jurors shall compose the jury.
(b) All prosecutions in criminal cases instituted in the State Court of Fayette County shall be by written accusation framed and signed by the prosecuting attorney of such court. The accusation need not be supported by an affidavit except in those cases where the de fendant has not been previously arrested in conjunction with the transaction charged in the accusation and the accusation is to be used as the basis for the issuance of a warrant for the arrest of the defendant. Any prosecution for a county ordinance violation or traffic violation may be upon citation.

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(c) Proceedings in criminal cases in said court after accusation shall conform to rules governing like proceedings in the superior courts, except for the provisions for jurors set forth in this section.
(d) Said court shall sit as a committal court upon all criminal warrants issued by the judge thereof, where demand is made therefor by an accused.
(e) The clerk of the State Court of Fayette County is authorized to receive all criminal warrants for riling, to assign each such warrant a case number, and to forward each such warrant to the office of the solicitor of said court for purposes of having an accusation drawn.
Section 10. The judge of the State Court of Fayette County may appoint a judge pro hac vice to discharge the duties of the judge temporarily when the services of a judge pro hac vice are required or when the judge is unable or disqualified to discharge the duties of his or her office. A candidate for judge pro hac vice must conform to the qualifications required of a judge of the state court as set out in Section 4 of this Act. When the appoint ment of such a person as judge pro hac vice, together with his or her oath, which shall be the same as is required of the judge, has been recorded in the office of the judge of the Probate Court of Fayette County, such judge pro hac vice may exercise all the powers of the judge of said state court. Such judge pro hac vice appointment may be vacated at any time by order of the judge to be likewise recorded, and any other qualified person may be ap pointed as judge pro hac vice as provided in this section. The compensation of such judge pro hac vice shall be set by the judge of the state court subject to approval by the Board of Commissioners of Fayette County and shall be paid from county funds.
Section 11. The State Court of Fayette County shall have jurisdiction, within the terri torial limits of the county and concurrent with the superior courts, over the following matters:
(1) The trial of criminal cases below the grade of felony. All such cases that are pending in the Superior Court of Fayette County as of January 1, 1995, shall be immediately trans ferred to the State Court of Fayette County;
(2) The trial of civil actions without regard to the amount in controversy, except those actions in which exclusive jurisdiction is vested in the superior courts;
(3) The hearing of applications for and the issuance of arrest and search warrants;
(4) The holding of courts of inquiry;
(5) The punishment of contempts by fine not exceeding $500.00 or by imprisonment not exceeding 20 days, or both;
(6) Review of decisions of other courts as may be provided by law;
(7) All county ordinance violations that have been within the jurisdiction of the Magis trate Court of Fayette County are, as of January 1, 1995, within the exclusive jurisdiction of the State Court of Fayette County. All county ordinance violation cases that are pending in the Magistrate Court of Fayette County as of January 1, 1995, shall be immediately trans ferred to the State Court of Fayette County;
(8) All cases involving violations of the traffic laws of the State of Georgia that have been within the jurisdiction of the Probate Court of Fayette County are, as of January 1, 1995, within the exclusive jurisdiction of the State Court of Fayette County. All such cases that are pending in the Probate Court of Fayette County as of January 1, 1995, shall be immediately transferred to the State Court of Fayette County; and
(9) All that jurisdiction that is allocated to state courts in Chapter 7 of Title 15 of the Official Code of Georgia Annotated as it now exists and as it may be hereafter amended.
Section 12. The clerk of the Superior Court of Fayette County shall be the Clerk of the State Court of Fayette County. The Sheriff of Fayette County shall perform for the State Court of Fayette County all those duties and service that are presently, or hereafter may be,

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performed by the Sheriff of Fayette County for the Superior Court of Fayette County, and are consistent with the duties and services which are required by the State Court of Fayette County. The clerk of the State Court and the Sheriff of Fayette County are to receive com pensation as required by law.
Section 13. The judge of the State Court of Fayette County may appoint an official court reported who shall report such cases as the court may require. The reporter shall receive the same fees as allowed for similar service in the Superior Court of Fayette County which shall be taxed and enforced as in the Superior Court of Fayette County.
Section 14. All civil cases that are pending in the Superior Court of Fayette County as of January 1, 1995, may be transferred to the State Court of Fayette County, providing said cases are within the jurisdiction of the state court. Such transfers require the consent of all parties. In the event a case is transferred from the Superior Court of Fayette County to the State Court of Fayette County, the case will proceed as if it had originated in said state court.
Section 15. Costs for all cases in the State Court of Fayette County shall be the same as costs that are employed in the Superior Court of Fayette County,
Section 16. From and after the passage of this Act, the clerk of the State Court of Fayette County shall pay into the county treasury of Fayette County all amounts of cost, fines and forfeitures collected by said court, such amounts to be paid in the fund of the county treasury.
Section 17. The judge of the State Court of Fayette County shall receive as compensa tion an amount equal to 85 percent of the base salary of a judge in the superior courts in the State of Georgia. Such compensation shall be paid in equal monthly installments from the funds of Fayette County.
Section 18. All cases in the State Court of Fayette County shall be subject to review to the Court of Appeals or the Supreme Court of Georgia in the same manner as judgments and orders of the superior courts are now reviewed.
Section 19. There shall be a solicitor of the State Court of Fayette County who shall be elected for a term of four years and shall be elected each four years thereafter at succeeding general elections. Qualifying and primary elections preceding the general election shall be as required by law. The first election for said solicitor of the State Court of Fayette County shall be in the general election to be held in November, 1994, and the term of said solicitor so elected shall begin January 1, 1995.
Section 20. The solicitor of the State Court of Fayette County shall, on the date he or she takes office, permanently reside within Fayette County, shall have been a resident of Fayette County for one year, next preceding the commencement of his or her term, shall as of such date be at least 25 years of age, shall have been admitted to practice law in the State of Georgia for three years, and shall be a member in good standing of the State Bar of Georgia. The position of solicitor shall be a full-time position, and the solicitor may not engage in the private practice of law.
Section 21. The solicitor of the State Court of Fayette County shall receive as compen sation an amount equal to 75 percent of the salary of the judge in the State Court of Fayette County. Such compensation shall be paid in equal monthly installments from the funds of Fayette County.
Section 22. The solicitor of the State Court of Fayette County may appoint a solicitor pro tempore who shall have the same authority as the solicitor in the solicitor's absence. A candidate for solicitor pro tempore must conform to the qualifications required of a solicitor of the state court set out in Section 20 of this Act. The solicitor pro tempore shall be paid from funds of Fayette County such reasonable amount as the solicitor may determine, sub ject to approval by the Board of Commissioners of Fayette County. The solicitor pro tempore shall serve at the pleasure of the solicitor.
Section 23. All provisions of this Act, excepting those which refer to the election of the

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judge and solicitor of the court, shall become effective on January 1, 1995. Those provisions of this Act relating to the election of the judge and solicitor of the State Court of Fayette County shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval.
Section 24. All laws and parts of laws in conflict with this Act are hereby repealed.
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 as re ported, was agreed to.
On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Baugh Blitch Boshears Bowen Broun of 46th Burton Cheeks Clay Coleman Crotts Day Dean Edge Farrow Gillis

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

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

Those not voting were Senators:

Abernathy Alien Brown of 26th

Egan ' Langford of 35th
Scott

Thomas Walker

On the passage of all the local bills, the yeas were 48, nays 0. All the bills on the Senate Local Consent Calendar, except SB 638 and HB 1668, having received the requisite constitutional majority, were passed.
SB 638 and HB 1668, having received the requisite constitutional majority, were passed by substitute.
SENATE RULES CALENDAR Wednesday, February 23, 1994 TWENTY-EIGHTH LEGISLATIVE DAY SB 593 Lottery Proceeds--lists of certain requests for appropriations (Approp--14th) SB 595 Lottery Proceeds--additional information in budget report (Approp--14th) SR 413 CA: State Budget--percentage for education (Amendment) (Approp--46th) SB 601 Boat Safety--flotation devices, observer for skiers (Nat R--49th)

WEDNESDAY, FEBRUARY 23, 1994

957

SB 427 Office of Planning and Budget--private person involvement, certain new state programs (Approp--21st)
HB 1539 Abandoning Portion of County Road--newspaper notice (Trans--1st) Birdsong--123rd
HB 1181 Animal Shelters--sterilize dogs, cats adopted (Ag--18th) Lane--55th
SB 567 Deceptive Telemarketing Activities--prohibit (Substitute) (F&PU--44th)
SB 534 Superior Court Clerks--recording of ad valorem tax executions (Substitute) (Judy--54th)
SB 619 Federal Grant Applications by State Agencies--review, tracking by Office of Planning & Budget (Approp--44th)
HB 632 Employees' Retirement--Music Hall of Fame Authority members (Ret--26th) Cummings--27th
HB 1420 Property Conveyances--remainders conveyed inter vivos (Substitute) (S Judy--40th) Walker--141st
HB 572 Condominiums--assessments, liability for common expenses (Judy--54th) Martin--47th
HR 818 Cobb County--lease of certain state property (F&PU--56th) Shipp--38th
HB 1363 Income Tax--special withholding requirements (F&PU--44th) Buck--135th
HB 1388 Unemployment Tax Amnesty Program--provide (F&PU--44th) Buck--135th
HB 1196 Ad Valorem Tax Assessment Appeal--valuations established (Substitute) (F&PU--44th) Lee--94th
HB 1254 Indigent Defense--felony, misdemeanor cases in certain courts (Judy--42nd) Thomas--100th
SB 127 English--official language of State (Substitute) (Gov Op--17th)
Respectfully submitted,
/s/ Scott of the 36th, Chairman Senate Rules Committee
The following general bills were read the third time and put upon their passage:

SB 593. By Senators Hooks of the 14th, Robinson of the 16th, Walker of the 22nd and Ray of the 19th:
A bill to amend Code Section 50-27-13 of the Official Code of Georgia Annotated, relating to the disposition of lottery proceeds, so as to require lists of certain requests for appropriations from those proceeds.

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

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 Day Dean Edge Egan Farrow Gillis

Glanton Gochenour Guhl Harbison Hemmer Henson Hill Hooks Huggins

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Isakson Kemp Langford of 29th Marable McGuire Newbill Parrish

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

Scott Slotin Starr Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Cheeks Langford of 35th

Madden Middleton Oliver

Taylor Thomas Walker

On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 595. By Senators Hooks of the 14th, Robinson of the 16th, Walker of the 22nd and Ray of the 19th:
A bill to amend Code Section 50-27-13 of the Official Code of Georgia Annotated, relating to the disposition of lottery proceeds, so as to provide for additional in formation in the budget report regarding lottery proceeds and appropriations therefrom.

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

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 Day Dean Edge Egan Gillis

Glanton Gochenour Guhl Harbison Hemmer Henson Hill Huggins Isakson Kemp Langford of 29th Marable McGuire Middleton Newbill Oliver

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

Those not voting were Senators:

Abernathy Cheeks Farrow

Hooks Langford of 35th

Madden Parrish

On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, FEBRUARY 23, 1994

959

SR 413. By Senator Broun of the 46th:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that not less than 50.8 percent of the annual state budget shall be appropriated to the State Board of Education, the Department of Education, and the Board of Regents of the University System of Geor gia; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article III, Section IX, Paragraph VI of the Constitution is amended by in serting at the end thereof the following:
"(k) An amount equal to 50.8 percent of all state funds budgeted annually shall be appropriated to the State Board of Education, the Department of Education, and the Board of Regents of the University System of Georgia in such proportion as the General Assembly shall deem appropriate."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"[ ] YES [ ] NO

Shall the Constitution be amended so as to require that at least 50.8 percent of the annual state budget be appropriated to the State Board of Education, the Department of Education, and the Board of Regents of the University System of Georgia?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
The Senate Appropriations Committee offered the following amendment to SR 413:
On Page 1 Lines 2, 12 and 24 striking "50.8" and inserting in lieu "50".
On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to.
On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Burton Cheeks Clay Coleman Crotts Day Dean Edge

Gillis Glanton Gochenour Guhl Harbison Hemmer Henson Hill

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Hooks Huggins Isakson Madden Marable McGuire Middleton Newbill

Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray

Robinson Scott Slotin Starr Thomas Thompson Turner Tysinger

Voting in the negative was Senator Egan.

Those not voting were Senators:

Abernathy Farrow Kemp

Langford of 35th Langford of 29th

Taylor Walker

On the adoption of the resolution, the yeas were 48, nays 1.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.
Senator Guhl of the 45th introduced the doctor of the day, Dr. John Fountain, of Conyers, Georgia.

SB 601. By Senators Hemmer of the 49th, Henson of the 55th, Pollard of the 24th and others:
A bill to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, known as the "Georgia Boat Safety Act," so as to change the defini tion of certain terms; to provide for the carriage and use of personal flotation devices aboard vessels; to limit the hours of operation of personal watercraft; to provide for an observer in vessels towing persons on water skis or similar devices; to provide an effective date.

Senator Hemmer of the 49th offered the following substitute to SB 601:

A BILL
To be entitled an Act to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, known as the "Georgia Boat Safety Act," so as to change the definition of certain terms; to provide for the carriage and use of personal flotation devices aboard vessels; to establish a minimum age limit for the operation of personal watercraft; to provide certain exceptions to the minimum age requirements; to prohibit adults from allowing chil dren under the minimum age to operate personal watercraft; to require a safety course for certain operators; to prohibit the towing of persons on water skis or similar devices behind personal watercraft; to provide for exceptions; to define the crime of reckless operation of a vessel or other water device; to limit the hours of operation of personal watercraft; to pro vide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, known as the "Georgia Boat Safety Act," is amended by striking in their entirety paragraphs (22) and (25) of Code Section 52-7-3, relating to definitions relative to the regis tration, operation, and sale of watercraft, and inserting in lieu thereof new paragraphs (22) and (25) to read as follows:
"(22) 'Reportable boating accident' means an accident, collision, or other casualty in volving a vessel subject to this article which results in loss of life, injury sufficient to cause

WEDNESDAY, FEBRUARY 23, 1994

961

incapacitation for at least 24 hours, or actual physical damage to property, including vessels, in excess of $200.00 $500.00."
"(25) 'Vessel' means every description of watercraft, other than a seaplane on the water or a aailboard, used or capable of being used as a means of transportation on water and specifically includes, but is not limited to, inflatable rafts; provided, however, Code Section 62-7 18, relating to rulca of the road for boat traffic, shall be applicable to aailboards."
Section 2. Said article is further amended by striking in its entirety subsection (d) of Code Section 52-7-8, relating to the classification of vessels and required equipment, and inserting in lieu thereof the following:
"(d) Lifesaving devices.
(1) Every vessel shall be equipped with the following number and type of personal flota tion devices;
(A) Every Class A vessel shall carry aboard, at all timca, at least one Type I, II, III, IV, or V (hybrid) personal flotation device for each pcfaon on board; provided, however, Type V (hybrid) devices arc acceptable only when worn and securely fastened;
(B) Every Class 1, 2, and 3 vessel shall carry aboard, at all times} be equipped with at least one Type I, II, III, or V (hybrid) personal flotation device for each person on board; provided, however, Type V (hybrid) devices are acceptable only when worn and securely fastened. In addition to the individual personal flotation device, each vessel of Claaa 1, 2, attd-3, except for personal watercraft, as such term is defined in subsection (a) of Code Section 53-7-8.2, must eanry at all times be equipped with at least one Type IV (throwable) device.
(2) No person may use a vessel upon the waters of this state unless the personal flota tion devices as required in paragraph (1) of this subsection are readily accessible to the occupants of the vessel, are in good and serviceable condition, are legibly marked with the United States Coast Guard approved number, and are of an appropriate size for the occu pants of the vessel for whom they are intended; provided, however, that provisions of this subsection shall not apply to racing sculls, racing shells, and racing sweeps.
(3) No person shall operate a vessel upon the waters of this state unless each occupant aboard the vessel who is under the age of 12 years is wearing a United States Coast Guard approved Type I, II, III, or V (hybrid) personal flotation device, unless such occupant is below deck or inside a cabin. Each personal flotation device worn must be properly fastened, in good and serviceable condition, and the proper size for the person wearing it."
Section 3. Said article is further amended by striking subsections (c) and (d) of Code Section 52-7-8.2, relating to restrictions on the operation of personal watercraft, in their entirety and inserting in lieu thereof new subsections (c) and (d) to read as follows:
"(c) No person shall rent, lease, or let for hire a personal watercraft to any person under the age of 46 16 years; provided, however, that personal watercraft may be rented, leased, or let to a persorTbctween the ages of age 12 and through 15 years if such person is accompa nied by and under the supervision of an adult 18 years of age or older.
(d) No person shall operate a personal watercraft on the waters of this state between the houra from one half hour after sunset to one half hour or before sunrise."
Section 4. Said article is further amended by inserting at the end of Code Section 52-78.2, relating to restrictions on the operation of personal watercraft, the following:
"(k) It shall be unlawful for any person to operate a personal watercraft on the waters of this state while towing a person or persons on water skis, aquaplanes, surfboards, tubes, or any similar device; provided, however, that the provisions of this subsection shall not apply to any personal watercraft designed by the manufacturer to carry three or more per sons, provided that such personal watercraft has on board a competent observer in addition to the operator at any time that a person is being towed.

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(1) On and after July 1, 1995, no person under the age of 16 years shall operate a personal watercraft on the waters of this state; provided, however, that a person age 12 through 15 years may operate a personal watercraft if he or she has successfully completed a personal watercraft safety program approved by the department; if an adult 18 years of age or older is aboard the vessel and such adult is not in violation of the provisions of Code Section 52-7-12, relating to the operation of vessels and other devices under the influence of alcohol or drugs; or if he or she is under the direct supervision of an adult 18 years of age or older who is not under the influence of alcohol or drugs as provided in Code Section 52-7-12. The department may, but shall not be required to, conduct or provide personal watercraft safety courses to the public.
(m) On and after July 1, 1995, it shall be unlawful for any person to cause or knowingly permit such person's child or ward who is less than 12 years of age or the child or ward of another over which such person has a permanent or temporary responsibility of supervision if such child or ward is less than 12 years of age to operate a personal watercraft.
(n) It shall be unlawful for any person to cause or knowingly permit such person's child or ward who is age 12 through 15 years or the child or ward of another over which such person has a permanent or temporary responsibility of supervision if such child or ward is age 12 through 15 years to operate a personal watercraft unless such child or ward has either successfully completed a personal watercraft safety program approved by the department; is accompanied aboard the vessel by an adult 18 years of age or older who is not in violation of the provisions of Code Section 52-7-12, relating to the operation of vessels and other devices under the influence of alcohol or drugs; or is under the direct supervision of an adult 18 years of age or older who is not under the influence of alcohol or drugs as provided in Code Section 52-7-12. The department may, but shall not be required to, conduct or provide per sonal watercraft safety courses to the public."
Section 5. Said article is further amended by striking in their entireties subsections (i) and (j) of Code Section 52-7-12, relating to operation of vessels, water skis, aquaplanes, and surfboards while under the influence of alcohol or drugs, and inserting in lieu thereof the following:
"(i) No pcraon ahall operate any veaacl or manipulate any water akis, aquaplanes, aurfboard, of similar device in a reckless or negligent manner 30 as to endanger the life, limb, or property of any person.
4& (i) It shall be unlawful for the owner of any vessel knowingly to allow or authorize any person to operate such vessel or to manipulate any water skis, aquaplane, surfboard, or similar device being towed by such vessel when the owner knows or has reasonable grounds to believe that said person is intoxicated or under the influence of alcohol or drugs."
Section 6. Said article is further amended by inserting a new Code Section 52-7-12.1, after Code Section 52-7-12, to read as follows:
"52-7-12.1. Any person who operates any vessel or manipulates any water skis, aqua plane, surfboard, tube, or similar device in reckless disregard for the safety of persons or property commits the offense of reckless operation of a vessel or other water device."
Section 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 8. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 39, nays 0, and the substitute was adopted.

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963

The President announced that, pursuant to Senate Rule 143, consideration of SB 601 would be suspended and the bill placed on the Senate General Calendar.

SB 427. By Senators Isakson of the 21st, Edge of the 28th, Clay of the 37th and others:
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 require a budget unit planning to institute any new program, the projected cost of which exceeds $1 million, to submit to the Budgetary Re sponsibility Oversight Committee an evaluation of the feasibility of involving pri vate persons.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Burton C0C1hlaeyeks Coleman Crotts
Day
Dean Edge
Egan
Farrow

Gillis Glanton Gochenour Guhl Harbison Hemmer Henson Hill HTHTouogkgsms Isakson Madden
Marable
McGuire Middleton
Newbill
Oliver

Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston p g^tt 0b1lot,.m
, Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Brown of 26th

Kemp Langford of 35th

Langford of 29th Robinson

On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 1181. By Representatives Lane of the 55th and Polak of the 67th: A bill to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to provide that all dogs and cats released for adoption by a public animal shelter shall be sterilized. Senate Sponsor: Senator Perdue of the 18th.

Senators Perdue of the 18th, Dean of the 31st and Marable of the 52nd offered the following substitute to HB 1181:
A BILL To be entitled an Act to amend Title 4 of the Official Code of Georgia Annotated,

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relating to animals, so as to provide that all dogs and cats sold or otherwise exchanged by a public or private animal shelter, an animal control agency operated by a political subdivi sion of this state, a humane society, or a public or private animal refuge shall be sterilized; to provide for procedures; to provide for exceptions; 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. Title 4 of the Official Code of Georgia Annotated, relating to animals, is amended by adding a new Chapter 14 to read as follows:
"CHAPTER 14
4-14-1. The General Assembly finds that the breeding of dogs and cats acquired from public or private animal shelters, animal control agencies operated by political subdivisions of this state, humane societies, or public or private animal refuges in the State of Georgia results in the birth of thousands of animals who become strays, suffer privation and death, constitute a public nuisance and health hazard, and, ultimately, are impounded and de stroyed at great public expense. It is therefore declared to be the public policy of this state that preventing the breeding of dogs and cats acquired from such shelters, animal control agencies, humane societies, or public or private animal refuges be encouraged.
4-14-2. As used in this chapter, the term:
(1) 'Animal shelter' means any facility operated by or under contract for the state or any county, municipal corporation, or other political subdivision of the state for the purpose of impounding or harboring seized, stray, homeless, abandoned, or unwanted dogs, cats, and other animals; any veterinary hospital or clinic operated by a veterinarian or veterinarians which operates for such purpose in addition to its customary purposes; and any facility operated, owned, or maintained by a duly incorporated humane society, animal welfare soci ety, or other nonprofit organization for the purpose of providing for and promoting the wel fare, protection, and humane treatment of animals.
(2) 'Humane society' means any unincorporated nonprofit organization existing for the purpose of prevention of cruelty to animals.
(3) 'Public or private animal refuge' means harborers of unwanted animals of any breed, including crossbreeds, who provide food, shelter, and confinement for a group of dogs, a group of cats, or a combination of dogs and cats.
(4) 'Sexually mature animal' means any dog or cat that has reached the age of 180 days or six months or more.
(5) 'Sterilization' means the surgical removal of the reproductive organs of a dog or cat in order to render the animal unable to reproduce.
4-14-3. (a) Any public or private animal shelter, animal control agency operated by a political subdivision of this state, humane society, or public or private animal refuge shall make provisions for the sterilization of all dogs or cats acquired from such shelter, agency, society, or refuge by:
(1) Providing sterilization by a licensed veterinarian before relinquishing custody of the animal; or
(2) Entering into a written agreement with the person acquiring such animal guarantee ing that sterilization will be performed by a licensed veterinarian within 30 days after acqui sition of such animal in the case of an adult animal or within 30 days of the sexual maturity of the animal in the case of an immature animal;
provided, however, that the requirements of this Code section shall not apply to any pri vately owned animal which any such shelter, agency, society, or refuge may have in its pos session for any reason if the owner of such animal claims or presents evidence that such animal is the property of such person.
(b) All costs of sterilization pursuant to this Code section shall be the responsibility of

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965

the person acquiring such animal and, if performed prior to acquisition, may be included in any fees charged by the shelter, agency, society, or refuge for such animal.
(c) Any person acquiring an animal from a public or private animal shelter, animal control agency operated by a political subdivision of this state, humane society, or public or private animal refuge, which animal is not sterile at the time of acquisition, shall submit to the animal shelter, animal control agency, humane society, or public or private animal ref uge a signed statement from the licensed veterinarian performing the sterilization required by paragraph (2) of subsection (a) of this Code section within seven days after such steriliza tion attesting that such sterilization has been performed.
(d) Every public or private animal shelter, animal control agency operated by a political subdivision of this state, humane society, or public or private animal refuge selling or offer ing for sale or exchange any dog or cat shall maintain and furnish to any person acquiring an animal from such shelter, agency, society, or refuge a current list of veterinarians licensed in this state who have notified the shelter, agency, society, or refuge that they are willing to perform sterilizations and the cost for such procedures.
4-14-4. It shall be a misdemeanor to fail or refuse to comply with the requirements of Code Section 4-14-3 and any person convicted of said misdemeanor shall be subject to a fine not to exceed $200.00.
4-14-5. This chapter shall not prohibit the adoption by any political subdivision of this state of shelter policies which are more stringent than the requirements of this chapter."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 43, nays 0, and the substitute was adopted.
The President announced that pursuant to Senate Rule 143, consideration of HB 1181 would be suspended and the bill placed on the Senate General Calendar.
SB 567. By Senators Starr of the 44th and Robinson of the 16th:
A bill to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to prohibit deceptive or fraudulent telemarketing ac tivities in connection with certain commercial activities; to provide for legislative intent; to define certain terms; to provide for applicability with respect to other laws; to provide for situs of offers and sales.
The Senate Finance and Public Utilities Committee offered the following substitute to SB 567:
A BILL
To be entitled an Act to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to prohibit deceptive or fraudulent telemarketing activities in connection with certain commercial activities; to provide for legislative intent; to define certain terms; to authorize the Secretary of State to promulgate rules to prohibit deceptive telemarketing activities and other abusive telemarketing activities by persons who are subject to certain other provisions of law; to make certain activities in connection with telephonic offers to sell or telephonic sales unlawful; to provide authority for the Secretary of State to enforce rules with respect to persons who are jurisdictionally subject to the pro visions of certain other laws; to provide criminal penalties; to provide for the effect of such penalties with respect to the violation of other laws; to provide that the provisions of this Act are not exclusive; to provide for applicability with respect to other laws; to provide for situs of offers and sales; 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 and

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trade, is amended by adding between Chapters 5A and 6 a new Chapter 5B to read as follows:
"CHAPTER 5B
10-5B-1. (a) The General Assembly finds that a problem is posed in this state by the increasing use of the telephone in a fraudulent or abusive manner as a means of solicitation in certain currently regulated commercial businesses and professions and that the power and reach of the telephone as a medium for such conduct increases the risk to the legitimate economy of the state.
(b) The General Assembly declares that the intent of this chapter is to impose sanctions against the fraudulent use of the telephone in certain currently regulated commercial busi nesses and professions. This chapter shall be construed to further that intent.
10-5B-2. (a) As used in this chapter, the term:
(1) 'Control,' 'controlling,' 'controlled by,' or 'under common control with' means the possession, direct or indirect, of the power to direct or cause the direction of the manage ment and policies of a person, whether through the ownership of voting securities, by con tract, or otherwise.
(2) 'Executive officer' means the chief executive officer, the president, the principal fi nancial officer, the principal operating officer, each vice president with responsibility involv ing policy-making functions for a significant aspect of a person's business, the secretary, the treasurer, or any other person performing similar functions with respect to any organization, whether incorporated or unincorporated.
(3) 'Person' means an individual, a corporation, a partnership, a limited liability com pany, an association, a joint-stock company, a trust, or any unincorporated organization.
(4) 'Secretary of State' means the Secretary of State of the State of Georgia.
(5) 'Telephone soliciting business' means a sole proprietorship, partnership, limited lia bility company, corporation, or other association of individuals engaged in a common effort to solicit sales regulated under this chapter.
(6) 'Telephone solicitor' or 'solicitor' means a person, partnership, limited liability com pany, corporation, or other entity that makes or places telephone calls for the purpose of selling or solicitation of sales as defined in paragraph (7) of this subsection over the tele phone, whether the call originates in the State of Georgia or is received in the State of Georgia.
(7) 'Telephonic sale,' 'sell telephonically,' 'telephonic selling,' 'telephonic offer for sale,' or 'telephonic solicitation of sale' means a sale or solicitation of goods or services in which:
(A) The seller solicits the sale over the telephone;
(B) The purchaser's agreement to purchase is made over the telephone; and
(C) The purchaser, over the telephone, pays for or agrees to commit to payment for goods or services prior to or upon receipt by the purchaser of the goods and services.
(b) The rules of statutory construction contained in Chapter 3 of Title 1 shall apply to the interpretation of this chapter.
10-5B-3. (a) The Secretary of State shall be authorized to promulgate rules to prohibit deceptive or fraudulent telemarketing activities and other abusive telemarketing activities by persons subject to the provisions of Chapter 5 of this title, the 'Georgia Securities Act of 1973'; the provisions of Chapter 5A of this title, relating to commodities and commodity contracts and options; the provisions of Chapter 14 of Title 43, relating to electrical contrac tors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors; or the provisions of Chapter 17 of Title 43, the 'Georgia Charitable Solicitations Act of 1988.'

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967

(b) Any rules promulgated by the Secretary of State pursuant to subsection (a) of this Code section may include but not be limited to:
(1) A definition of deceptive telemarketing activities;
(2) A list of criteria that are symptomatic of deceptive telemarketing as distinguished from ordinary telemarketing business practices;
(3) A requirement that telemarketers may not undertake a pattern of unsolicited tele phone calls which the reasonable consumer would consider coercive or abusive of such con sumer's right to privacy;
(4) A requirement that goods or services offered by telemarketing be shipped or pro vided within a specified period and that, if the goods or services are not shipped or provided within such period, a refund shall be required; and
(5) Authority for a person who orders any goods or services through telemarketing to cancel the order within a specified period.
(c) No rules promulgated pursuant to this Code section shall in any way limit the scope or application of Part 2 of Article 15 of Chapter 1 of this title, the 'Fair Business Practices Act of 1975.'
10-5B-4. (a) It shall be unlawful for any person who is jurisdictionally subject to the provisions of Chapter 5 of this title, the 'Georgia Securities Act of 1973'; the provisions of Chapter 5A of this title, relating to commodities and commodity contracts and options; the provisions of Chapter 14 of Title 43, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors; or the provisions of Chapter 17 of Title 43, the 'Georgia Charitable Solicitations Act of 1988,' and who makes any tele phonic offer to sell or telephonic sale in this state:
(1) To fail to identify the business initiating the call;
(2) To violate any rule, regulation, or order promulgated or issued by the Secretary of State under this chapter;
(3) In connection with a telephonic sale, selling telephonically, or telephonic solicitation of sale in or from this state, to employ a device, scheme, or artifice to defraud;
(4) In connection with a telephonic sale, selling telephonically, or telephonic solicitation of sale in or from this state, to engage in an act, practice, or course of business that operates or would operate as a fraud or deceit upon a person; or
(5) Knowingly to cause to be made, in any document filed with the Secretary of State or in any proceeding under this chapter, any statement which is, at the time it is made and in light of the circumstances under which it is made, false or misleading in any material respect.
(b) Every person who directly or indirectly controls a person culpable under subsection (a) of this Code section, every general partner, executive officer, or director of such person culpable under subsection (a) of this Code section, every person occupying a similar status or performing similar functions, and every telephone soliciting business or telephone solici tor who participates in any material way in the sale or solicitation of sale is culpable to the same extent as the person whose culpability arises under subsection (a) of this Code section unless the person whose culpability arises under this subsection sustains the burden of proof that he or she did not know and, in the exercise of reasonable care, could not have known of the existence of the facts by reason of which culpability is alleged to exist.
10-5B-5. (a) With respect to any person who is jurisdictionally subject to the provisions of Chapter 5 of this title, the 'Georgia Securities Act of 1973,' the Secretary of State shall prevent any person from violating a rule promulgated under Code Section 10-5B-3 in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of Chapter 5 of this title were incorporated into and made a part of this chapter. Except as otherwise provided in this chapter, any person so

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jurisdictionally subject to the provisions of Chapter 5 of this title who violates such rule shall be subject to the penalties and entitled to the privileges and immunities provided in Chapter 5 of this title in the same manner, by the same means, and with the same jurisdic tion, power, and duties as though all applicable terms and provisions of Chapter 5 of this title were incorporated into and made a part of this chapter.
(b) With respect to any person who is jurisdictionally subject to the provisions of Chap ter 5A of this title, relating to commodities and commodity contracts and options, the Secre tary of State shall prevent any person from violating a rule promulgated under Code Section 10-5B-3 in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of Chapter 5A of this title were incorporated into and made a part of this chapter. Except as otherwise provided in this chapter, any person so jurisdictionally subject to the provisions of Chapter 5A of this title who violates such rule shall be subject to the penalties and entitled to the privileges and immunities provided in Chapter 5A of this title in the same manner, by the same means, and with the same jurisdiction, power, and duties as though all applicable terms and provi sions of Chapter 5A of this title were incorporated into and made a part of this chapter.
(c) With respect any person who is jurisdictionally subject to the provisions of Chapter 14 of Title 43, relating to electrical contractors, plumbers, conditioned air contractors, lowvoltage contractors, and utility contractors, the Secretary of State shall prevent any person from violating a rule promulgated under Code Section 10-5B-3 in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of Chapter 14 of Title 43 were incorporated into and made a part of this chapter. Except as otherwise provided in this chapter, any person so jurisdictionally subject to the provisions of Chapter 14 of Title 43 who violates such rule shall be subject to the penalties and entitled to the privileges and immunities provided in Chapter 14 of Title 43 in the same manner, by the same means, and with the same jurisdiction, power, and duties as though all applicable terms and provisions of Chapter 14 of Title 43 were incorpo rated into and made a part of this chapter.
(d) With respect any person who is jurisdictionally subject to the provisions of Chapter 17 of Title 43, known as the 'Georgia Charitable Solicitations Act of 1988,' the Secretary of State shall prevent any person from violating a rule promulgated under Code Section 10-5B3 in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of Chapter 17 of Title 43 were incorpo rated into and made a part of this chapter. Except as otherwise provided in this chapter, any person so jurisdictionally subject to the provisions of Chapter 17 of Title 43 who vio lates such rule shall be subject to the penalties and entitled to the privileges and immunities provided in Chapter 17 of Title 43 in the same manner, by the same means, and with the same jurisdiction, power, and duties as though all applicable terms and provisions of Chap ter 17 of Title 43 were incorporated into and made a part of this chapter.
10-5B-6. (a) Any person who shall willfully violate any provision of this chapter shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than $50,000.00 or imprisonment for not less than one nor more than five years, or both.
(b) Nothing in this chapter shall limit any statutory or common-law right of the state to punish any person for violation of any law.
10-5B-7. (a) The remedies, duties, prohibitions, and penalties of this chapter are not exclusive and are in addition to all other causes of action, remedies, and penalties provided by law.
(b) Nothing in this chapter shall amend, alter, or repeal any of the provisions of Chap ter 5 of this title, the 'Georgia Securities Act of 1973'; the provisions of Chapter 5A of this title, relating to commodities and commodity contracts and options; the provisions of Chap ter 14 of Title 43, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors; or the provisions of Chapter 17 of Title 43, the 'Georgia Charitable Solicitations Act of 1988.'

WEDNESDAY, FEBRUARY 23, 1994

969

10-5B-8. For purposes of this chapter, an offer to sell or to buy is made in this state, whether or not either party is then present in this state, when the offer:
(1) Originates from this state; or
(2) Is directed by the offerer to this state and received at the place to which it is directed."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

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

Those voting in the affirmative were Senators:

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

Egan Farrow Gillis Guhl Harbison Hemmer Henson Hill Huggins Isakson Kemp Langford of 29th Madden Marable McGuire Middleton

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

Voting in the negative was Senator Gochenour.

Those not voting were Senators:

Baugh Glanton Hooks

Langford of 35th Parrish Perdue

Thomas Walker

On the passage of the bill, the yeas were 47, nays 1. The bill, having received the requisite constitutional majority, was passed by substitute.
The President introduced Chuck Leavell, commended by HR 884. The Calendar was resumed. Senator Robinson of the 16th, President Pro Tempore, assumed the Chair.
SB 534. By Senators Farrow of the 54th and Ralston of the 51st: A bill to change provisions relating to issuance and recording of ad valorem tax executions; to amend Code Section 15-6-61 of the Official Code of Georgia Anno tated, relating to duties of clerks of superior courts, so as to specify that ad valorem tax executions issued by the county tax collector or tax commissioner

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must be recorded on the general execution docket without the charging of any fee.
The Senate Judiciary Committee offered the following substitute to SB 534:
A BILL
To be entitled an Act to change provisions relating to issuance and recording of ad valorem tax executions; to amend Code Section 15-6-61 of the Official Code of Georgia An notated, relating to duties of clerks of superior courts, so as to specify that ad valorem tax executions issued by the county tax collector or tax commissioner must be recorded on the general execution docket without the charging of any fee; to amend Code Section 48-5-161 of the Official Code of Georgia Annotated, relating to issuance and recording of tax execu tions by county tax collectors and tax commissioners, so as to specify that such executions shall be transmitted to the clerk of superior court for recording on the general execution docket; to provide for other related matters; to provide for an effective date and for applica bility; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 15-6-61 of the Official Code of Georgia Annotated, relating to duties of clerks of superior courts, is amended by striking subparagraph (a)(4)(C) and in serting in its place a new subparagraph to describe a docket to be kept by the clerk of superior court and to read as follows:
"(C) A general execution docket on which may be entered all executions, such docket to be indexed in the name of the judgment debtor; and, without limiting the generality of the foregoing, it shall be the duty of the clerk of superior court upon receipt of a filing fee, to enter on the general execution docket all tax executions when the county tax collector or tax commissioner transmits or gives notice of such executions to the clerk of superior court;".
Section 2. Code Section 48-5-161 of the Official Code of Georgia Annotated, relating to issuance and recording of tax executions by county tax collectors and tax commissioners, is amended by striking subsection (a) and inserting in its place a new subsection to read as follows:
"(a) Each tax collector or tax commissioner shall keep an execution docket. On Decem ber 20 in each year, unless further time is allowed as provided by law, he the tax collector or tax commissioner shall issue execution against each delinquent or defaulting taxpayer in 1m the county and enter the names of delinquent or defaulting taxpayers on the docket to gether with an itemized statement of the taxes covered by the execution. The tax collector or tax commissioner shall also transmit such executions, or copies thereof, or a listing thereof to the clerk of superior court of the county for entry on the general execution docket.''
Section 3. This Act shall become effective July 1, 1994, and its application shall be mandatory with respect to tax executions issued on or after that date in every county in the state. Nothing in this Act shall be construed to invalidate the recording of any tax execution on the general execution docket of any county prior to that date or to imply that tax execu tions could not properly be recorded on the general execution docket prior to that date.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 29, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

WEDNESDAY, FEBRUARY 23, 1994

971

Those voting in the affirmative were Senators:

Abernathy Alien Balfour
Blitch Boshears
Bowen Brounof 46th B,,BCrhuoerwte.oknns of 26th Coleman Crotts Day Dean Edge Egan Farrow

Gillis Glanton Gochenour
Guhl Harbison
Hemmer Henson HI",,T.io,,lol ki s Huggms Isakson Langford of 29th Madden Marable McGuire Middleton

Newbill Oliver Pollard
Ragan of llth Ragan of 32nd
Ralston R oSc01clooAt,ti-.tn Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Baugh Clay Kemp

Langford of 35th Parrish

Perdue Robinson (presiding)

On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute.

SB 619. By Senators Starr of the 44th, Hooks of the 14th, Robinson of the 16th and Ray of the 19th:

A bill to amend Part 2 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to review of applications for federal assistance and state contracts, so as to provide for certain coordination, referral, review, and tracking functions by the Office of Planning and Budget regarding federal grant applications by state agencies; to authorize such rules and regulations as may be necessary to ensure compliance by state agencies.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Dean Edge Egan Farrow Gillis Glanton Gochenour Guhl Harbison Hemmer Henson Hill Huggins Isakson

Langford of 29th Madden Marable McGuire Middleton Newbill Oliver Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Scott

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Slotin Starr Taylor

Thomas Thompson Turner

Those not voting were Senators:

Coleman Hooks

Kemp Langford of 35th

Tysinger Walker
Parrish Robinson (presiding)

On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 632. By Representatives Cummings of the 27th and Baker of the 70th:
A bill to amend Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees of certain state authorities being members of the Employees' Retirement System of Georgia, so as to provide that all officers and employees of Georgia Music Hall of Fame Authority shall become members of such retirement system.
Senate Sponsor: Senator Brown of the 26th.

The following fiscal notes, as required by law, were read by the Secretary:

TO:
FROM: DATE: SUBJECT:

DEPARTMENT OF AUDITS 254 Washington Street, S.W.
Room 214 Atlanta, Georgia 30334-8400
STATE AUDITOR'S CERTIFICATION
The Honorable Bill Cummings, Chairman House Retirement Committee
Claude L. Vickers, State Auditor
January 27, 1993
House Bill 632 (LC 21 2088) Employees' Retirement System

This bill provides that all officers and employees of the Georgia Music Hall of Fame Authority on or after July 1, 1994, would become members of the Employees' Retirement System. This bill also establishes that officers and employees of the Authority are eligible to receive creditable service for prior service by paying to the board of trustees the employee contributions which would have been paid during the period of prior employment. The Au thority would be required to pay the employer portion for each member claiming creditable service for prior employment with the Authority.
This is to certify that this is a fiscal retirement bill as defined in the Public Retirement Systems Standards Law.
/s/ Claude L. Vickers State Auditor

WEDNESDAY, FEBRUARY 23, 1994

973

BUCK CONSULTANTS 200 Galleria Parkway, N.W. Suite 1200
Atlanta, Georgia 30339-5945

September 14, 1993

Hon. Claude L. Vickers, State Auditor Department of Audits 254 Washington Street, Room 214 Atlanta, Georgia 30334

Dear Mr. Vickers:

Re: House Bill 632 (LC 21 2088)

As requested, we have made an actuarial investigation of the impact of House Bill 632 (LC 21 2088) on the Employees' Retirement System in accordance with the requirements of Code Section 47-20-36.

This Bill would provide that all officers and employees of the Georgia Music Hall of Fame Authority shall become members of the System. Our calculations covered 27 antici pated employees with total annual compensation of $551,500. The additional annual cost would be 15.71% of $551,500, or about $87,000.

The following table reflects the unfunded actuarial accrued liability and recommended employer contributions under the Employees' Retirement System before and after the pro posed amendment. The recommended employer contribution rates are in conformity with all minimum funding standards specified by Code Section 47-20-10. All amounts are $ thousands.

Unfunded Actuarial Accrued Liability
Annual Contribution

Before Legislation
$ 817,477 Annual
% Amount

After Legislation

Increase Due to Legislation

$ 817,477
Annual % Amount

$0
Annual % Amount

Normal Accrued Liability Cost-of-Living

4.67% $ 74,720 4.67% $ 74,746 0.00% $ 26

4.54

72,640 4.54

72,665 0.00

25

1.75

28,000 1.75

28,010 0.00

10

Sub-total Pickup

10.96% $175,360 10.96% $175,421 0.00

4.75

76,000 4.75

76,026 0.00

$ 61 26

Total

15.71% $251,360 15.71% $251,447 0.00% $ 87

The preceding figures are based on the employee data, actuarial assumptions and actua rial methods used to prepare the June 30, 1992 actuarial valuation of the System, together with an estimated payroll of $1,600,000,000.
Sincerely yours,
/s/ Donald M. Overholser Consulting Actuary

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

October 28, 1993

Honorable Bill Cummings, Chairman Retirement Committee House of Representatives
State Capitol, Room 402 Atlanta, Georgia 30334

SUBJECT: Actuarial Investigation House Bill 632 (LC 21 2088) Employees' Retirement System

Dear Representative Cummings:

This bill provides that all officers and employees of the Georgia Music Hall of Fame Authority on or after July 1, 1994, would become members of the Employee's Retirement System. This bill also establishes that officers and employees of the Authority are eligible to
receive creditable service for prior service by paying to the board of trustees the employee contributions which would have been paid during the period of prior employment. The Au
thority would be required to pay the employer portion for each member claiming creditable service for prior employment with the Authority.

The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actu arial assumptions and methods.

(1) The amount of unfunded actuarial accrued liability which will re

sult from the bill.

$

(2) The amount of annual normal cost which will result from the bill. $

(3) The employer contribution rate currently in effect.

0* 26,000 15.71%

*No additional unfunded actuarial accrued liability because the employer will immediately pay the additional liability if the bill is enacted.

(4) The employer contribution rate recommended (in conformity with

minimum funding standards specified in Code Section 47-20-10).

(5) The dollar amount of the increase in the annual employer contribu

tion which is necessary to maintain the retirement system in an ac-

tuarially sound condition.

$

15.71% 87,000

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.

Sincerely,

/a/ Claude L. Vickers State Auditor

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

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

Those voting in the affirmative were Senators:

Abernathy
Alien Balfour Baugh

Blitch
Boshears Bowen Broun of 46th

Brown of 26th
Burton Cheeks Clay

WEDNESDAY, FEBRUARY 23, 1994

975

Coleman Crotts Day Dean Egan Farrow Gillis Glanton Gochenour
Harbison
Hemmer
Henson

Hill Huggins Isakson Langford of 29th Madden Marable McGuire Middleton Newbill
Oliver
Parrish
Perdue

Those voting in the negative were Senators:

Edge

Ragan of 32nd

Guhl

Those not voting were Senators:

Hooks Kemp

Langford of 35th Robinson (presiding)

Pollard Ragan of llth Ralston jjay gcott G1 ,. ^, Taylor Thomas Turner Tysinger Walker
Thompson
Starr

On the passage of the bill, the yeas were 47, nays 4.
The bill, having received the requisite constitutional majority, was passed. The following communication was filed with the Secretary:
The State Senate Atlanta, Georgia 30334
February 23, 1994 Mr. Frank Eldridge Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334 Dear Mr. Eldridge:
On House Bill 632 I incorrectly voted yes and I would like to change the vote to no. Sincerely yours,
is/ Sallie Newbill

HB 1420. By Representatives Walker of the 141st, Groover of the 125th, Bostick of the 165th and Murphy of the 18th: A bill to amend Article 2 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to conveyances of property, so as to provide that remainders, whether vested or contingent, executory interests, and other expectant estates are alienable in the same manner as estates in possession and may be freely con veyed inter vivos.
Senate Sponsor: Senator Egan of the 40th.
The Senate Special Judiciary Committee offered the following substitute to HB 1420:
A BILL
To be entitled an Act to amend Article 2 of Chapter 5 of Title 44 of the Official Code of

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Georgia Annotated, relating to conveyances of property, so as to provide that remainders, whether vested or contingent, executory interests, and other expectant estates are alienable in the same manner as estates in possession and may be freely conveyed; to provide for other related matters; to provide for legislative intent; 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 5 of Title 44 of the Official Code of Georgia Annotated, relating to conveyances of property, is amended by striking in its entirety Code Section 445-40, which reads as follows:
"44-5-40. A future interest or estate may be conveyed by deed if it operates to transfer the title immediately; and, if not, the instrument will be testamentary and revocable.",
and inserting in lieu thereof a new Code Section 44-5-40 to read as follows:
"44-5-40. Future interests or estates are descendible, devisable, and alienable in the same manner as estates in possession."
Section 2. This Act is intended to clarify and codify the law regarding the alienability of future interests.
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 0, nays 38, and the committee substi tute was lost.
Senator Egan of the 40th offered the following substitute to HB 1420:
A BILL
To be entitled an Act to amend Article 2 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to conveyances of property, so as to provide that remainders, whether vested or contingent, executory interests, and other expectant estates are alienable in the same manner as estates in possession and may be freely conveyed; to amend Article 4 of Chapter 6 of Title 44 of the Official Code of Georgia Annotated, relating to remainders and reversions, so as to repeal Code Section 44-6-63; to provide for other related matters; to provide for legislative intent; 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 5 of Title 44 of the Official Code of Georgia Annotated, relating to conveyances of property, is amended by striking in its entirety Code Section 445-40, which reads as follows:
"44-5-40. A future interest or estate may be conveyed by deed if it operates to transfer the title immediately; and, if not, the instrument will be testamentary and revocable.",
and inserting in lieu thereof a new Code Section 44-5-40 to read as follows:
"44-5-40. Future interests or estates are descendible, devisable, and alienable in the same manner as estates in possession."
Section 2. Article 4 of Chapter 6 of Title 44 of the Official Code of Georgia Annotated, relating to remainders and reversions, is amended by striking in its entirety Code Section 44-6-63, relating to interest of heirs of a remainderman, which reads as follows:
"44-6-63. (a) If a remainderman with a vested remainder interest dies before the life tenant, his heirs shall be entitled to a vested remainder interest.
(b) If a remainderman with a contingent remainder interest limited as to an event dies before the life tenant, his heirs shall be entitled to a contingent remainder interest.

WEDNESDAY, FEBRUARY 23, 1994

977

(c) If a remainderman with a contingent remainder interest limited as to a person dies and that person is not in being when the contingency happens, his heirs shall not be entitled to a contingent remainder interest.",
and inserting in lieu thereof the following:
"44-6-63. Reserved."
Section 3. This Act is intended to clarify and codify the law regarding the alienability of future interests.
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 37, nays 0, and the Egan substitute was adopted.
President Pro Tempore announced, pursuant to Senate Rule 143, consideration of HB 1420 would be suspended and the bill placed on the Senate General Calendar.
The President resumed the Chair.

HB 572. By Representatives Martin of the 47th, Cauthorn of the 35th and Hammond of the 32nd:
A bill to amend Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to the regulation of specialized land transactions, so as to provide for the suspension of services provided to a unit owner under certain circumstances.
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 Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Day Edge Egan Farrow

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

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

Not voting were Senators Dean and Langford of 35th. On the passage of the bill, the yeas were 54, nays 0.

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JOURNAL OF THE SENATE

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

HR 818. By Representative Shipp of the 38th: A resolution authorizing the leasing of certain real property owned by the State of Georgia in Cobb County, Georgia.
Senate Sponsor: Senator Clay of the 37th.

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 Gillis Gochenour Guhl Harbison Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable
McGuire
Middleton
Newbill

Oliver Parrish Pollard Ragan of llth Ragan of 32nd Ralston ^ Robinson
Scott
flotm btarr Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Crotts Glanton

Hemmer Langford of 35th

Perdue Taylor

On the adoption of the resolution, the yeas were 50, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

HB 1363. By Representatives Buck of the 135th, Royal of the 164th, Skipper of the 137th 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 change certain provi sions regarding special withholding requirements.
Senate Sponsor: Senator Starr of the 44th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Alien

Balfour Baugh

Boshears Bowen

WEDNESDAY, FEBRUARY 23, 1994

979

Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Day Dean Edge Farrow Gillis Glanton Gochenour Guhl

Harbison Hemmer Henson Hooks Huggins Isakson Kemp Langford of 29th Madden Marable McGuire Middleton Newbill Oliver Parrish

Those not voting were Senators:

Blitch Egan

Hill Langford of 35th

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

On the passage of the bill, the yeas were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1388. By Representatives Buck of the 135th, Royal of the 164th, Skipper of the 137th and others:
A bill to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, known as the "Employment Security Law," so as to provide an unemployment tax amnesty program.
Senate Sponsor: Senator Starr of the 44th.
The following fiscal note, as required by law, was read by the Secretary:
DEPARTMENT OF AUDITS 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400
February 21, 1994
The Honorable Thomas B. Buck, III, Chairman House Ways and Means Committee House of Representatives State Capitol, Room 133 Atlanta, Georgia 30334
SUBJECT: Fiscal Note House Bill 1388 (LC 10 0568) Amnesty Program: Unemployment Contributions
Dear Chairman Buck:
This bill would provide for the development and administration of a one-time unem ployment tax amnesty program. This program would provide, upon the voluntary return and remission of unemployment taxes and interest owed by any employer, waiver of 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, 1994. The program would begin by October 1, 1994, and be completed no later than December 31, 1994.
The fiscal impact of this bill cannot be estimated due to the inability to predict the

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JOURNAL OF THE SENATE

amount of payments that would be due to the State and the payments that an amnesty program would draw.
Sincerely,
/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 Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Day Dean Edge Egan

Farrow Gillis Glanton Gochenour Guhl Harbison Hemmer Henson Huggins Isakson Kemp Langford of 29th Madden Marable McGuire 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:

Hill Hooks

Langford of 35th

Taylor

On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 1196. By Representatives Lee of the 94th, Buckner of the 95th, Bailey of the 93rd and others: A bill to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization and review and appeal of ad valorem tax assessments, so as to provide for conditions under which valuations estab lished on appeal can be changed for subsequent taxable years. Senate Sponsor: Senator Starr of the 44th.
The Senate Finance and Public Utilities Committee offered the following substitute to HB 1196:
A BILL To be entitled an Act to amend Code Section 48-5-299 of the Official Code of Georgia

WEDNESDAY, FEBRUARY 23, 1994

981

Annotated, relating to ascertainment and assessment duties of county boards of tax asses sors, so as to provide for conditions under which valuations established on appeal in the preceding year can be changed by such board in the current year; 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 48-5-299 of the Official Code of Georgia Annotated, relating to ascertainment and assessment duties of county boards of tax assessors, is amended by ad ding a new subsection at the end thereof, to be designated subsection (c), to read as follows:
"(c) Real property, the value of which was established by an appeal in the preceding year, that has not been returned by the taxpayer at a different value for the current year, may not be changed by the board of tax assessors for the sole purpose of undoing in the current year the actions of the board of equalization or superior court in the preceding year. In such cases, before changing a value from that established by an appeal in the preceding year, the board of assessors shall first conduct an investigation into factors currently affect ing the fair market value. The investigation necessary shall include, but not be limited to, a visual on-site inspection of the property to ascertain if there have been any additions, dele tions, or improvements to such property or the occurrence of other factors that might affect the current fair market value and a review to determine if there are any errors in the description and characterization of such property in the files and records of the board of tax assessors."
Section 2. This Act shall become effective on January 1, 1995, and shall be applicable to all taxable years beginning on or after that date.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The following fiscal note, as required by law, was read by the Secretary:
DEPARTMENT OF AUDITS 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400
February 1, 1994
The Honorable Thomas B. Buck, III, Chairman House Ways and Means Committee House of Representatives State Capitol, Room 133 Atlanta, Georgia 30334
SUBJECT: Fiscal Note House Bill 1196 (LC 9 7573) Ad Valorem Tax and Property Value Changes
Dear Chairman Buck:
This bill would provide for conditions under which ad valorem tax assessments can, on appeal, be changed for subsequent taxable years. Such conditions would include the visual inspection and reevaluation of the property to reflect changed market conditions, additions or improvements to the property, sale of the property, or the discovery of data errors with respect to the property.
The fiscal impact of this bill cannot be estimated because the number of appeals cannot be predicted.
Sincerely,
Is/ Claude L. Vickers State Auditor
/s/ Henry M. Huckaby, Director Office of Planning and Budget

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On the adoption of the substitute, the yeas were 39, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Balfour Baugh Blitch Boshears Bowen Burton Cheeks Clay Coleman Day Dean Egan Farrow Gillis Glanton

Gochenour Guhl Harbison Hemmer Henson Huggins Isakson Kemp Langford of 29th Madden Marable McGuire 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:

Abernathy Broun of 46th Brown of 26th

Crotts Edge Hill

Hooks Langford of 35th 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 Robinson of the 16th, President Pro Tempore, assumed the Chair.
HB 1254. By Representatives Thomas of the 100th and Chambless of the 163rd: A bill to amend Article 2 of Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to the state funded local indigent defense programs, so as to provide for indigent defense in all felony and misdemeanor cases in the superior, state, and magistrate courts. Senate Sponsor: Senator Oliver of the 42nd.
Senators Oliver of the 42nd and Starr of the 44th offered the following amendment: Amend HB 1254 by striking line 4 of page 1 and inserting in its place the following: "indigent defense in all felony cases and in certain misdemeanor cases in the". By striking line 18 of page 1 and inserting in its place the following: "cases and in those misdemeanor cases in which indigents are guaranteed the right to counsel in the superior, state, and". 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.

WEDNESDAY, FEBRUARY 23, 1994

983

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
nBroWuenn off 4A ^ 6th Burton CClhaeyeks
Coleman Crotts Day Dean Edge Egan

Farrow Gillis Gochenour Guhl Harbison
HSe6nmsmoner Muggins IKsaekmspon
Langford of 29th Madden Marable McGuire Middleton Newbill

Oliver Parrish Perdue Pollard Ragan of llth
RRaal8satnonof 32nd R "|;laoytm.
btarr Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Brown of 26th Glanton

Hill Hooks Langford of 35th

Robinson (presiding) Scott 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.
SB 127. By Senators Crotts of the 17th, Garner of the 30th, Langford of the 29th and others: A bill to amend Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to the state flag, seal, and other symbols, so as to designate English as the official language of the State of Georgia.
The Senate Governmental Operations Committee offered the following substitute to SB 127:
A BILL
To be entitled an Act to amend Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to the state flag, seal, and other symbols, so as to designate English as the official language of the State of Georgia; to provide for use of the official language; to provide for construction; to prohibit discrimination; to provide for remedies; to provide for exceptions; to authorize use and printing of official documents in other languages; 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 3 of Title 50 of the Official Code of Georgia Annotated, relating to the state flag, seal, and other symbols, is amended by adding a new article, to be designated Article 4, to read as follows:
"ARTICLE 4
50-3-100. (a) The English language is designated as the official language of the State of Georgia. The official language shall be the language used for each public record, as defined in Code Section 50-18-70, and each public meeting, as defined in Code Section 50-14-1, and

984

JOURNAL OF THE SENATE

for official Acts of the State of Georgia, including those governmental documents, records, meetings, actions, or policies which are enforceable with the full weight and authority of the State of Georgia.
(b) This Code section shall not be construed in any way to infringe on the rights of persons in their use of any language for conversation or private conduct.
(c) This Code section shall not be construed in any way to deny a person's rights under the Constitution of Georgia or the Constitution of the United States or any laws, statutes, or regulations of the United States or of the State of Georgia as a result of that person's inabil ity to communicate in the official language.
(d) It shall be unlawful for any person or entity, including but not limited to any agency, instrumentality, or authority of the state or of a political subdivision of the state, to discriminate against any person as a result of such person's using or speaking a language other than the official language. A person who uses or speaks a language other than the official language shall have the right to file a civil action for damages and equitable relief, including injunction, for violation of this subsection.
(e) State agencies, counties, municipal corporations, and political subdivisions of this state are authorized to use or to print official documents and forms in languages other than the official language, at the discretion of their governing authorities. Documents filed or recorded with a state agency or with the clerk of a county, municipal corporation, or politi cal subdivision must be in the official language or, if the original document is in a language other than the official language, an English translation of the document must be simultane ously filed.
(f) The provisions of subsection (a) of this Code section shall not apply:
(1) When in conflict with federal law;
(2) When the public safety, health, or justice require the use of other languages;
(3) To instruction designed to teach the speaking, reading, or writing of foreign languages;
(4) To instruction designed to aid students with limited English proficiency in their transition and integration into the education system of the state; and
(5) To the promotion of international commerce, tourism, sporting events, or cultural events."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Slotin of the 39th offered the following amendment:
Amend the Senate Committee on Governmental Operations substitute to SB 127 by striking lines 3 through 9 of page 1 and inserting in lieu thereof the following:
"other symbols, so as to provide for a statement of legislative findings and intent; to provide for the encouragement of the citizens of Georgia to become proficient in the English language and in one or more other languages; to provide for a statement of public policy; to repeal a resolution designating English as the official language of the State of Georgia, ap proved March 31, 1986 (Ga. L. 1986, p. 529); to provide for related matters; to repeal con flicting laws; and for other purposes."
By striking lines 16 of page 1 through line 11 of page 3 and inserting in lieu thereof the following:
"50-3-100. (a) The General Assembly finds that the diversity of the citizens of the State of Georgia is at the core of the strength and vitality of this state and that a commitment to cultural diversity and understanding is essential to enhance this state's competitive position in world trade, economic development, and tourism. The General Assembly further finds that the interests of this state can best be served when all members of society have full access to effective opportunities to acquire proficiency in the English language as well as a

WEDNESDAY, FEBRUARY 23, 1994

985

mastery of one or more other languages. The General Assembly recognizes that many Geor gia citizens have native languages other than English, that many members of our society have not had an equal opportunity to learn English, and that the ability to communicate with the people of all nations can enhance the economic, political, and cultural vitality of this state.
(b) The English language is the primary language of the State of Georgia and all citi zens of this state are encouraged to develop a proficiency in the English language. In addi tion to proficiency in the English language, all citizens of this state are encouraged to de velop or retain a proficiency in one or more other languages.
(c) It is the policy of this state that no person shall be the subject of discrimination by this state or any department, agency, county, municipality, or other entity of this state on the basis of the language which such person speaks.'
Section 2. A resolution designating English as the official language of the State of Geor gia, approved March 31, 1986 (Ga. L. 1986, p. 529), is repealed.
Section 3. All laws and parts of laws in conflict with this Act are repealed."
Senator Slotin of the 39th asked unanimous consent that his amendment be withdrawn.
The unanimous consent was granted, and the amendment offered by Senator Slotin of the 39th to the committee substitute was withdrawn.
On the adoption of the substitute, the yeas were 43, nays 4, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Balfour Baugh Blitch Boshears
oBrOoWuen" offA4^ 6th

Farrow Gillis Glanton Gochenour Guhl
HHeenmsmoner

McGuire Middleton Newbill Parrish Perdue
RPoalglaanrdof mh

CQhaeeks Coleman Crotts Day Dean Edge Egan

HHiol1oks Muggins Isakson Kemp Langford of 29th Madden Marable

RRaaglsatnonof 32nd Ray Starr Taylor Thompson Turner Tysinger

Those voting in the negative were Senators:

Abernathy Brown of 26th Harbison

Oliver Scott Slotin

Thomas Walker

Not voting were Senators Langford of 35th and Robinson (presiding). On the passage of the bill, the yeas were 46, nays 8. The bill, having received the requisite constitutional majority, was passed by substitute.

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Senator Crotts of the 17th moved that SB 127 be immediately transmitted to the House.
On the motion, the yeas were 35, nays 8; the motion prevailed, and SB 127 was immedi ately transmitted.
Senator Ray of the 19th moved that the Senate do now adjourn until 9:30 A.M. to morrow; the motion prevailed, and the President announced the Senate adjourned at 12:44 P.M.

THURSDAY, FEBRUARY 24, 1994

987

Senate Chamber, Atlanta, Georgia Thursday, February 24, 1994 Twenty-ninth Legislative Day

The Senate met pursuant to adjournment at 9:30 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 1591. By Representative McKinney of the 51st: 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 the terms of court.
HB 1817. By Representative Porter of the 143rd: A bill to amend an Act providing a new charter for the City of East Dublin, so as to change the council districts for election of councilmembers.
HB 1845. By Representatives Cox of the 160th and Greene of the 158th: A bill to provide a new charter for the City of Blakely.
HB 1871. By Representatives Johnson of the 84th, Breedlove of the 85th, Bannister of the 77th, Dickinson of the 83rd, Dix of the 76th and others: A bill to create the Vines Botanical Gardens Enhancement and Development Au thority of Gwinnett County.
HB 1876. By Representatives Carrell of the 87th and Stancil of the 91st: A bill to amend an Act incorporating the City of Social Circle, so as to provide for a city manager.
HB 1879. By Representatives Dobbs of the 92nd and Stancil of the 91st: A bill to amend the Newton County Water and Sewerage Authority Act, so as to authorize the issuance of additional negotiable revenue bonds.
SB 524. By Senators Clay of the 37th, Thompson of the 33rd, Ragan of the 32nd and Isakson of the 21st: A bill to amend an Act entitled "An Act to create a court to be known as the 'Civil and Criminal Court of Cobb County,' " as amended, so as to redesignate the solicitor and assistant solicitors of said court as solicitor general and assistant solicitors general.

988

JOURNAL OF THE SENATE

SB 604. By Senator Henson of the 55th:
A bill to amend an Act to create and establish for and in the County of DeKalb a court to be known as the recorder's court of DeKalb County, as amended, so as to provide the court with authority to assess fines for traffic violations not to exceed the sum of $1,000.00.
SB 617. By Senators Starr of the 44th, Glanton of the 34th and Thomas of the 10th:
A bill to amend an Act creating the State Court of Clayton County, as amended, so as to change the provisions relating to the deposits for advance costs; to pro vide an effective date.
HB 1375. 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, 1994 and ending June 30, 1995.
HB 1376. By Representative Parham of the 122nd:
A bill to amend Article 7 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, the "Uniform Commercial Driver's License Act," so as to change cer tain definitions.
HB 1667. By Representative Randall of the 127th: A bill to amend Code Section 15-16-5 of the Official Code of Georgia Annotated, relating to sheriffs' required bonds, so as to provide that bonds be conditioned on the faithful accounting for all public and other funds or property coming into the sheriffs' or deputies' custody, control, care, or possession.
HB 1764. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Code Section 36-62-5.1 of the Official Code of Georgia Anno tated, relating to joint development authorities, so as to specify procedures with respect to qualifying for job tax credit pursuant to Code Section 48-7-40; to pro vide for an additional job tax credit.
HB 1702. By Representatives Godbee of the 145th, Purcell of the 147th, White of the 161st, Taylor of the 134th, O'Neal of the 75th and others:
A bill to amend Code Section 20-2-1010 of the Official Code of Georgia Anno tated, relating to state board authority to prescribe textbooks, so as to provide for state board authority to regulate the definition of the term "textbook" to include systematically designed material in any medium within that definition.
HB 1662. By Representative Groover of the 125th: A bill to amend Code Section 15-18-5 of the Official Code of Georgia Annotated, relating to the appointment of a substitute for an absent or disqualified district attorney, so as to provide that a senior district attorney may be appointed for such purpose; to provide that a senior district attorney may not serve in another public office.
HB 1632. By Representatives Thomas of the 100th, Hammond of the 32nd and Chambless of the 163rd:
A bill to amend Article 2 of Chapter 7 of Title 10 of the Official Code of Georgia Annotated, relating to relative rights of creditor and surety, so as to provide for specificity in the notice from the surety to the creditor.

THURSDAY, FEBRUARY 24, 1994

989

HB 1525. By Representatives Chambless of the 163rd, Bostick of the 165th, Reichert of the 126th and Snow of the 2nd:
A bill to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, known as the "Hospital Authorities Law," so as to provide that sov ereign immunity extends to hospital authorities; to provide for exceptions and waivers thereof; to provide for reaffirmation and ratification of hospital authorities.
HB 1810. By Representatives Hanner of the 159th, Cox of the 160th, Kinnamon of the 4th, Coleman of the 142nd, Buck of the 135th and others:
A bill to amend Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the office of the Governor, so as to provide for decentralization of state government; to provide for evaluations; to provide that the Office of Plan ning and Budget shall effectuate the purposes of decentralization of state government.
HB 1728. By Representatives Dixon of the 150th and Watson of the 139th:
A bill to amend Part 2 of Article 1 of Chapter 3 of Title 46 of the Official Code of Georgia Annotated, the "High-voltage Safety Act," so as to repeal Code Section 46-3-36, relating to certain administration and enforcement activities by the Commissioner of Labor.
HB 1676. By Representative Oliver of the 154th:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to change the filing requirements for affili ate transfers so as to require the affiliated trust company to file information re garding the transfer with the Department of Banking and Finance; to allow state credit unions to give their employees a preferential rate on loans as an employee benefit.
HB 1767. By Representatives Colwell of the 7th and Twiggs of the 8th:
A bill to amend Code Section 32-4-22 of the Official Code of Georgia Annotated, relating to the Developmental Highway System, so as to add a certain road corri dor to said system.
HB 1653. By Representatives Twiggs of the 8th, Colwell of the 7th, Dobbs of the 92nd, Sherrill of the 62nd, O'Neal of the 75th and others:
A bill to amend Code Section 40-9-32 of the Official Code of Georgia Annotated, relating to determination of the amount of security required under the "Motor Vehicle Safety Responsibility Act," so as to provide that the Department of Pub lic Safety shall not consider or take any action with respect to an accident report, notice of accident, or any claim filed under this Code section which is received more than 12 months after the date of the accident.
HB 715. By Representatives Skipper of the 137th and Greene of the 158th:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide that no county or municipality within the county shall purchase or accept title to any real property located in an adjoining county, which property will be exchanged for certain property belonging to the federal government as authorized by federal law, without the written consent of the governing authority of such adjoining county wherein the real property is located.

990

JOURNAL OF THE SENATE

HB 1658. By Representatives Childers of the 13th, Simpson of the 101st and Cummings of the 27th:
A bill to amend Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, so as to change the provisions relating to standards for individual sewage management systems; to provide con ditions under which such on-site individual sewage management systems are sub ject to reexamination by such department.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 550. By Senators Crotts of the 17th and Guhl of the 45th:
A bill to amend an Act entitled "An Act to create a new charter for the City of Conyers," as amended, so as to change the number of council members; to pro vide for certain residency requirements; to provide for council districts; to pro vide for elections; to provide for the filling of vacancies; to provide for an election superintendent.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 701. By Senators Turner of the 8th and Ragan of the llth:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to provide for crime-free schools; to provide for a short title; to provide for legislative intent; to provide for definitions; to provide for short-term suspensions of students arrested or indicted for felony offenses; to provide for a hearing and exception; to provide for long-term suspensions; to provide for due process rights. Referred to Committee on Education.
SB 702. By Senator Langford of the 29th:
A bill to amend an Act creating the State Court of Troup County, as amended, so as to provide that the judge of the state court be a full-time judge within the meaning of Code Section 15-7-20 of the Official Code of Georgia Annotated; to change the provisions relating to the compensation of the judge; to provide an effective date. Referred to Committee on Urban and County Affairs.
SB 703. By Senators Starr of the 44th, Glanton of the 34th and Thomas of the 10th:
A bill to amend an Act to provide a homestead exemption from certain City of Morrow ad valorem taxes for city purposes so as to increase the amount of home stead exemption from City of Morrow ad valorem taxes to $8,000.00; to provide for applicability; to provide for a referendum and automatic repeal. Referred to Committee on Urban and County Affairs.
SB 704. By Senators Walker of the 22nd and Brown of the 26th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for a statement of intent; to define certain terms; to provide that genetic testing shall be conducted for certain purposes only; to pro vide that information derived from genetic testing is confidential and privileged; to prohibit genetic testing without the consent of the individual; to prohibit re lease of the results of genetic testing without specific consent of the person tested. Referred to Committee on Health and Human Services.

THURSDAY, FEBRUARY 24, 1994

991

SB 705. By Senator Boshears of the 6th:
A bill to provide for the nonpartisan nomination and election of the chief magis trate of the Magistrate Court of Appling County; to provide for the requirements and procedures of the nonpartisan nomination and election; to provide for other matters relative to the foregoing; to provide for the authority for this Act. Referred to Committee on Urban and County Affairs.
SB 706. By Senator Boshears of the 6th: A bill to amend an Act changing the composition and method of election of the Board of Education of Appling County, as amended, so as to provide for the nonpartisan nomination and election of the members of such board.
Referred to Committee on Urban and County Affairs.
SB 707. By Senator Boshears of the 6th: A bill to provide for the nonpartisan nomination and election of the judge of the probate court of Appling County; to provide for the requirements and procedures of the nonpartisan nomination and election; to provide for other matters relative to the foregoing; to provide for the authority for this Act.
Referred to Committee on Urban and County Affairs.
SB 708. By Senators Robinson of the 16th and Harbison of the 15th:
A bill to amend an Act establishing the State Court of Muscogee County, as amended, so as to change the compensation of the judges of the court; to provide for related matters; to provide an effective date. Referred to Committee on Urban and County Affairs.
SB 709. By Senators Glanton of the 34th and Gochenour of the 27th: A bill to amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to provide for freedom of speech at public and certain private postsecondary educational institutions; to provide a short title; to prohibit certain postsecondary educational institutions from mak ing or enforcing certain rules or subjecting students to disciplinary action under certain circumstances; to provide for causes of action.
Referred to Committee on Higher Education.
SR 547. By Senators Ragan of the llth and Turner of the 8th: A resolution authorizing the conveyance of certain state owned real property lo cated in Grady County, Georgia; to provide an effective date.
Referred to Committee on Finance and Public Utilities.
SR 548. By Senators Cheeks of the 23rd and Walker of the 22nd: A resolution authorizing the conveyance of certain state owned real property lo cated in Richmond County, Georgia; to provide for the conveyance of said prop erty back to the State of Georgia under certain conditions; to provide an effective date.
Referred to Committee on Finance and Public Utilities.
SR 550. By Senators Abernathy of the 38th, Scott of the 36th, Slotin of the 39th and others: A resolution creating the Senate Study Committee on In Lieu Tax Payments.
Referred to Committee on Rules.

992

JOURNAL OF THE SENATE

SR 551. By Senators Gochenour of the 27th, Tysinger of the 41st, McGuire of the 30th and Glanton of the 34th:
A resolution creating the Senate Study Committee on Telecommunications Planning. Referred to Committee on Rules.
The following bills of the House were read the first time and referred to committees:
HB 715. By Representatives Skipper of the 137th and Greene of the 158th:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide that no county or municipality within the county shall purchase or accept title to any real property located in an adjoining county, which property will be exchanged for certain property belonging to the federal government as authorized by federal law, without the written consent of the governing authority of such adjoining county wherein the real property is located. Referred to Committee on Urban and County Affairs (General).
HB 1375. 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, 1994 and ending June 30, 1995. Referred to Committee on Appropriations.
HB 1376. By Representative Parham of the 122nd:
A bill to amend Article 7 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, the "Uniform Commercial Driver's License Act," so as to change cer tain definitions. Referred to Committee on Public Safety.
HB 1525. By Representatives Chambless of the 163rd, Bostick of the 165th, Reichert of the 126th and others:
A bill to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, known as the "Hospital Authorities Law," so as to provide that sov ereign immunity extends to hospital authorities; to provide for exceptions and waivers thereof; to provide for reaffirmation and ratification of hospital authorities. Referred to Committee on Health and Human Services.
HB 1632. By Representatives Thomas of the 100th, Hammond of the 32nd and Chambless of the 163rd:
A bill to amend Article 2 of Chapter 7 of Title 10 of the Official Code of Georgia Annotated, relating to relative rights of creditor and surety, so as to provide for specificity in the notice from the surety to the creditor. Referred to Committee on Special Judiciary.
HB 1653. By Representatives Twiggs of the 8th, Colwell of the 7th, Dobbs of the 92nd and others:
A bill to amend Code Section 40-99-32 of the Official Code of Georgia Annotated, relating to determination of the amount of security required under the "Motor Vehicle Safety Responsibility Act," so as to provide that the Department of Pub lic Safety shall not consider or take any action with respect to an accident report,

THURSDAY, FEBRUARY 24, 1994

993

notice of accident, or any claim filed under this Code section which is received more than 12 months after the date of the accident. Referred to Committee on Special Judiciary.
HB 1658. By Representatives Childers of the 13th, Simpson of the 101st and Cummings of the 27th:
A bill to amend Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, so as to change the provisions relating to standards for individual sewage management systems; to provide con ditions under which such on-site individual sewage management systems are sub ject to reexamination by such department. Referred to Committee on Health and Human Services.
HB 1662. By Representative Groover of the 125th:
A bill to amend Code Section 15-18-5 of the Official Code of Georgia Annotated, relating to the appointment of a substitute for an absent or disqualified district attorney, so as to provide that a senior district attorney may be appointed for such purpose; to provide that a senior district attorney may not serve in another public office. Referred to Committee on Judiciary.
HB 1667. By Representative Randall of the 127th:
A bill to amend Code Section 15-16-5 of the Official Code of Georgia Annotated, relating to sheriffs' required bonds, so as to provide that bonds be conditioned on the faithful accounting for all public and other funds or property coming into the sheriffs' or deputies' custody, control, care, or possession. Referred to Committee on Special Judiciary.
HB 1676. By Representative Oliver of the 154th:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to change the filing requirements for affili ate transfers so as to require the affiliated trust company to file information re garding the transfer with the Department of Banking and Finance; to allow state credit unions to give their employees a preferential rate on loans as an employee benefit. Referred to Committee on Banking and Financial Institutions.
HB 1702. By Representatives Godbee of the 145th, Purcell of the 147th, White of the 161st and others:
A bill to amend Code Section 20-2-1010 of the Official Code of Georgia Anno tated, relating to state board authority to prescribe textbooks, so as to provide for state board authority to regulate the definition of the term "textbook" to include systematically designed material in any medium within that definition. Referred to Committee on Education.
HB 1728. By Representatives Dixon of the 150th and Watson of the 139th:
A bill to amend Part 2 of Article 1 of Chapter 3 of Title 46 of the Official Code of Georgia Annotated, the "High-voltage Safety Act," so as to repeal Code Section 46-3-36, relating to certain administration and enforcement activities by the Commissioner of Labor. Referred to Committee on Insurance and Labor.

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JOURNAL OF THE SENATE

HB 1764. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Code Section 36-62-5.1 of the Official Code of Georgia Anno tated, relating to joint development authorities, so as to specify procedures with respect to qualifying for job tax credit pursuant to Code Section 48-7-40; to pro vide for an additional job tax credit. Referred to Committee on Finance and Public Utilities.
HB 1767. By Representatives Colwell of the 7th and Twiggs of the 8th: A bill to amend Code Section 32-4-22 of the Official Code of Georgia Annotated, relating to the Developmental Highway System, so as to add a certain road corri dor to said system.
Referred to Committee on Transportation.
HB 1810. By Representatives Hanner of the 159th, Cox of the 160th, Kinnamon of the 4th and others:
A bill to amend Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the office of the Governor, so as to provide for decentralization of state government; to provide for evaluations; to provide that the Office of Plan ning and Budget shall effectuate the purposes of decentralization of state government. Referred to Committee on Appropriations.
HB 1591. By Representative McKinney of the 51st:
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 the terms of court. Referred to Committee on Urban and County Affairs (General),
HB 1817. By Representative Porter of the 143rd:
A bill to amend an Act providing a new charter for the City of East Dublin, so as to change the council districts for election of councilmembers. Referred to Committee on Urban and County Affairs.
HB 1845. By Representatives Cox of the 160th and Greene of the 158th:
A bill to provide a new charter for the City of Blakely. Referred to Committee on Urban and County Affairs.
HB 1871. By Representatives Johnson of the 84th, Breedlove of the 85th, Bannister of the 77th and others:
A bill to create the Vines Botanical Gardens Enhancement and Development Au thority of Gwinnett County. Referred to Committee on Urban and County Affairs.
HB 1876. By Representatives Carrell of the 87th and Stancil of the 91st: A bill to amend an Act incorporating the City of Social Circle, so as to provide for a city manager.
Referred to Committee on Urban and County Affairs.

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995

HB 1879. By Representatives Dobbs of the 92nd and Stancil of the 91st:
A bill to amend the Newton County Water and Sewerage Authority Act, so as to authorize the issuance of additional negotiable revenue bonds. Referred to Committee on Urban and County Affairs.
The following committee reports were read by the Secretary:

Mr. President:

The Committee on Banking and Financial Institutions has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 696. Do pass.
Respectfully submitted,
Senator Turner of the 8th District, Chairman

Mr. President:

The Committee on Education has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 513. Do pass by substitute. SB 526. Do pass by substitute.
Respectfully submitted,
Senator Hill of the 4th District, Chairman

Mr. President:

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

SR 517. HB 562. HB 1207. HB 1267.

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

HB 1268. HB 1527. HB 1613. HB 1616.

Do pass. Do pass by substitute. Do pass. 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 408. Do pass by substitute.
Respectfully submitted,
Senator Walker of the 22nd District, Chairman

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JOURNAL OF THE SENATE

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

SB 552. Do pass. SB 642. Do pass by substitute. SB 673. Do pass by substitute.

SR 531. Do pass. HB 1217. Do pass.

Respectfully submitted,

Mr. President:

Senator Walker of the 22nd District, Chairman

The Committee on Insurance and Labor has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the follow ing recommendation:

SB 694. Do pass.

Respectfully submitted,

Mr. President:

Senator Pollard of the 24th District, Chairman

The Committee on Special Judiciary has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:

SB 438. Do pass by substitute.

Respectfully submitted,

Mr. President:

Senator Egan of the 40th District, Chairman

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

SB 633. SB 687. SB 691. SB 692. SB 693. HB 1109.

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

HB 1497. Do pass as amended. HB 1803. Do pass. HB 1827. Do pass. HB 1829. Do pass. HB 1831. Do pass. HB 1834. Do pass. Respectfully submitted, Senator Thompson of the 33rd District, Chairman

THURSDAY, FEBRUARY 24, 1994

997

Mr. President:

The Committee on Youth, Aging and Human Ecology has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 651. Do pass as amended.
Respectfully submitted,
Senator Marable of the 52nd District, Chairman

Mr. President:

The Committee on Youth, Aging and Human Ecology has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 648. Do pass. HB 650. Do pass. HB 1486. Do pass.
Respectfully submitted,
Senator Marable of the 52nd District, Chairman

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

SB 460 SB 674 SR 387 SR 509 HB 1308 HB 1513
HB 1619 HR 709

SB 529 SB 676 SR 388 SR 512 HB 1340 HB 1550
HB 1651

SB 629 SB 688 SR 464 HB 1209 HB 1389 HB 1601
HR 463

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
^urton
CQroolettms an Day Dean Edge Egan Farrow Gillis

Glanton Gochenour Guhl Harbison Hemmer Henson H;u
Hooks
Isakson Kemp Langford of 29th Madden Marable McGuire Middleton

Newbill Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd
Ralston
Robi. nson Slotin Starr Thomas Thompson Turner Tysinger

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JOURNAL OF THE SENATE

Those not answering were Senators:

Abernathy Alien Cheeks

Langford of 35th Scott

Taylor Walker

Senator Ray of the 19th moved that Senator Walker of the 22nd be excused from the Senate today, due to State business.
On the motion, the yeas were 29, nays 0; the motion prevailed, and Senator Walker of the 22nd was excused.
The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator McGuire of the 30th introduced the chaplain of the day, Reverend John Pennington, pastor of the First Baptist Church, Douglasville, Georgia, who offered scripture reading and prayer.
Senator Day of the 48th introduced Sheriff Wesley Walraven of Forsyth County, com mended by SR 544, adopted previously, who addressed the Senate briefly.
Senator Parrish of the 43rd introduced Gary Baranco, commended by SR 437, adopted previously, who addressed the Senate briefly.
The following resolutions were read and adopted:

SR 549. By Senator Langford of the 29th. A resolution recognizing and commending Miss Shirley Johnston.

SR 552. By Senator Turner of the 8th: A resolution expressing sympathy at the passing of Gil Harbin.

SR 555. By Senators Starr of the 44th, Thomas of the 10th and Glanton of the 34th:
A resolution commending the Association on Battered Women of Clayton County, Inc.
Senator Brown of the 26th introduced the Cherry Blossom Festival Organizers and the Mayor of Macon, former Senator Tommy Olmstead, commended by SR 542, adopted previ ously; Mayor Olmstead addressed the Senate briefly.
The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Thursday, February 24, 1994
TWENTY-NINTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

SB 633 Madden, 47th CITY OF CANON
Provides a new charter for the City of Canon to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and powers, duties, authority, election, terms, vacancies, compensa tion, expenses, qualifications, prohibitions, conflicts of interest, and suspen sion and removal from office relative to members of such governing authority; to repeal conflicting laws.

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999

SB 687 Kemp, 3rd McINTOSH COUNTY
Amends an Act providing for terms, districts, and qualifications of the Com missioners of Mclntosh County, and providing for nomination of candidates for such offices, so as to provide for four-year terms; to change the qualifica tions for commissioners; to provide for the expiration of terms of commis sioners in office on the effective date of this Act.

SB 691 Kemp, 3rd Boshears, 6th GLYNN COUNTY
Amends an Act creating the Magistrate Court of Glynn County, so as to redesignate the presiding officer of the Magistrate Court of Glynn County as chief magistrate; to provide for the partisan election of the chief magistrate of the Magistrate Court of Glynn County.

SB 692 Blitch, 7th CHARLTON COUNTY
Amends an Act creating the board of commissioners for Charlton County, so as to change provisions relating to commissioner districts; to provide for sub mission of this Act to the United States Attorney General; to provide for automatic repeal; to repeal conflicting laws.

SB 693 Blitch, 7th CHARLTON COUNTY
Amends an Act providing for the election of the members of the Board of Education of Charlton County, so as to change provisions relating to educa tion districts; to provide for definitions and insertions; to provide for submis sion of this Act to the United States Attorney General; to repeal conflicting laws.

HB 1109 Madden, 47th Hemmer, 49th CITY OF LULA
Provides a new charter for the City of Lula.

*HB 1497

Middleton, 50th CITY OF TOCCOA
Amends an Act incorporating the City of Toccoa, so as to deannex and ex clude certain property from the corporate limits of said city (AMEND MENT)

HB 1803 Pollard, 24th Baugh, 25th JEFFERSON COUNTY
Amends an Act providing for the election of the chairperson and the mem bers of the board of education of Jefferson County, so as to change the de scriptions of the education districts of the board and provide for definitions and inclusions of parts of education districts.

HB 1827 Baugh, 25th PUTNAM COUNTY
Amends an Act placing the sheriff, the clerk of the superior court, the tax collector, the tax receiver, and the judge of the probate court of Putnam

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JOURNAL OF THE SENATE

County on an annual salary, so as to change the provisions relating to the compensation of the sheriff.

HB 1829 Baugh, 25th PUTNAM COUNTY
Amends an Act consolidating the offices of tax collector and tax receiver of Putnam County, so as to change the provisions relating to the compensation of the tax commissioner.

HB 1831 Turner, 8th Ragan, llth DECATUR COUNTY
Amends an Act creating the State Court of Decatur County, so as to change the compensation provision relating to the judge of said court.

HB 1834 Langford, 29th CITY OF LAGRANGE
Amends an Act creating a new charter for the City of LaGrange, so as to change the provisions thereof relating to the issuance of franchises by the city in its exercise of control over the use of streets, alleys, and public ways of the city.
The amendment to the following bill was put upon its adoption:
*HB 1497:
The Senate Urban and County Affairs Committee offered the following amendment:
Amend HB 1497 by striking "(36)," from line 14 of page 1.
By striking from lines 21 through 30 of page 3 the following:
" '(36) Mize Road (Georgia Highway 63) - All that tract or parcel of land lying and being in the 440th District, G.M., Stephens County, Georgia, and being more particularly described as follows: BEGINNING at the intersection of Mize Road (Georgia Highway 63) and the current corporate limits of the City of Toccoa; thence extending in a Southeasterly direction; thence in a Southwesterly direction 8,800 feet more or less to the intersection of Mize Road and the Eastern right of way of Georgia Highway 13 (Toccoa By-Pass).'"
By striking "(36)," from line 24 of page 4.
By striking " '(36) Reserved,'" from line 31 of page 4.
On the adoption of the amendment, the yeas were 49, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.
On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:

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 Guhl Harbison Hemmer

THURSDAY, FEBRUARY 24, 1994

1001

Henson Hill Hooks
HILsaaunkpgsofionnrsd of 29th Madden Marable McGuire

Middleton Newbill Oliver
PP_oarl,,lraisrhd, Ragan of llth Ragan of 32nd Ralston

Ray Robinson Slotin
S_T,taayrl.ror Thomas Turner Tysinger

Those not voting were Senators:

Glanton Kemp Langford of 35th

Perdue Scott

Thompson Walker (excused)

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 1497, having received the requisite constitutional majority, were passed.
HB 1497, having received the requisite constitutional majority, was passed as amended.

SENATE RULES CALENDAR Thursday, February 24, 1994
TWENTY-NINTH LEGISLATIVE DAY

SB 601 Boat Safety--notation devices, observer for skiers (Substitute) (Nat R--49th) (Pursuant to Senate Rule 143, final passage of the bill was suspended on Febru ary 23, 1994.)
SR 392 CA: Venue for Divorce Cases--rules apply to separate maintenance cases (Judy--54th)
SB 671 Subscription Fire Department--fee charge for service to nonsubscribers (Amend ment) (I&L--1st)
SB 609 Testimony--husband and wife provisions (Judy--45th)
SB 510 Firearm Possession--definitions, exemptions, seizure (Substitute) (S Judy--56th) Lane--55th
HB 1181 Animal Shelters--sterilize dogs, cats adopted (Substitute) (Ag--18th) Lane--55th
(Pursuant to Senate Rule 143, final passage of the bill was suspended on Febru ary 23, 1994.)
HB 1420 Property Conveyances--remainders conveyed inter vivos (Substitute) (S Judy--40th) Walker--141st
(Pursuant to Senate Rule 143, final passage of the bill was suspended on Febru ary 23, 1994.)
HB 633 Superior Court Judges--retired benefits same as active judge (Ret--31st) Cauthorn--35th
HB 1322 Foster Parents, Child-Placing Agency--access to child's records (Judy--52nd) Trense--44th
HB 1187 Georgia Sports Hall of Fame Authority--create (Approp--18th) Groover--125th
HB 1225 Ticket Scalping--provisions (Amendment) (EDT&C--46th) Martin--47th
HB 1265 Special License Plates--Pearl Harbor survivors (Pub Saf--47th) Stephenson--25th
HB 1502 Limited Liability Company--exempt certain registration (Judy--42nd) Baker--70th

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JOURNAL OF THE SENATE

HB 1241 Hotel-Motel Tax--city, county may use portion for aviation museum (F&PU--18th) Watson--139th
HB 1636 Mortgage Lenders, Brokers Licenses--definitions, exemptions (B&FI--8th) Davis-- 48th
HB 1321 Court Reporters--training, certification (Amendment) (Judy--42nd) Cauthorn-- 35th
HB 1100 Weapons on School Property--include bludgeon-type instruments (S Judy--37th) Shipp--38th
HB 1333 Public Safety Department Employees--campaign contributions, holding certain offices (Ethics--23rd) Snow--2nd
HR 730 Sergeant Ray McKibben Highway--designate (Trans--31st) Murphy--18th
Respectfully submitted,
/s/ Scott of the 36th, Chairman Senate Rules Committee
The following general bills were read the third time and put upon their passage:

SB 601. By Senators Hemmer of the 49th, Henson of the 55th, Pollard of the 24th and others:
A bill to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, known as the "Georgia Boat Safety Act," so as to change the defini tion of certain terms; to provide for the carriage and use of personal flotation devices aboard vessels; to limit the hours of operation of personal watercraft; to provide for an observer in vessels towing persons on water skis or similar devices; to provide an effective date.

Pursuant to Senate Rule 143, the substitute to SB 601 offered by Senator Hemmer of the 49th on February 23 as it appears in the Journal of February 23, was automatically reconsidered and put upon its adoption.
On the adoption of the substitute, the yeas were 29, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill, 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 BHtch Boshears
Bwen , , Broun of 46th Brown of 26th BQJurton Coleman
Dean Edge Egan

Farrow Gillis Gochenour Guhl Harbison
Hemmer Renson ,,.,,
Ho'Uok, s
Huggins Isakson Langford of 29th Madden Marable

McGuire Middleton Newbill Oliver Pollard
Ragan of 32nd Ralston D
^ Scott
Slotin Thomas Thompson Turner Tysinger

THURSDAY, FEBRUARY 24, 1994

1003

Voting in the negative was Senator Robinson.

Those not voting were Senators:

Abernathy Cheeks Crotts Glanton

Kemp Langford of 35th Parrish Perdue

Ragan of llth Starr Taylor Walker (excused)

On the passage of the bill, the yeas were 43, nays 1. The bill, having received the requisite constitutional majority, was passed by substitute.

SR 392. By Senators Farrow of the 54th, Ralston of the 51st and Oliver of the 42nd:

A RESOLUTION

Proposing an amendment to the Constitution so as to provide that the rules establish ing venue for where divorce cases may be tried shall also apply to separate maintenance cases where spouses are living separately and no action for divorce is pending; to provide for submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article VI, Section II of the Constitution is amended by striking Paragraph I and inserting in its place a new Paragraph I to read as follows:

"Paragraph I. Divorce and separate maintenance cases. Divorce and separate mainte nance cases shall be tried in the county where the defendant resides, if a resident of this state; if the defendant is not a resident of this state, then in the county in which the plain tiff resides; provided, however, a divorce or separate maintenance case may be tried in the county of residence of the plaintiff if the defendant has moved from that same county within six months from the date of the filing of the divorce action and said county was the site of the marital domicile at the time of the separation of the parties, and provided, fur ther, that any person who has been a resident of any United States army post or military reservation within the State of Georgia for one year next preceding the filing of the petition may bring an action for divorce or separate maintenance in any county adjacent to said United States army post or military reservation."

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

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

"[ ] YES [ ] NO

Shall the Constitution be amended so as to provide that the rules establish ing venue for where divorce cases may be tried shall also apply to separate maintenance cases where spouses are living separately and no action for di vorce is pending?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
Senator Farrow of the 54th offered the following amendment:
Amend SR 392 by adding "or separate maintenance action" on page 1, line 21 after the word "action" and before the word "and"
On the adoption of the amendment, the yeas were 32, nays 0, and the amendment was adopted.

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JOURNAL OF THE SENATE

The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended.
On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Egan Farrow Gillis Gochenour Guhl Harbison Hemmer Henson Hill Hooks Huggins Isakson Langford of 29th Madden Marable McGuire

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

Those not voting were Senators:

Cheeks Glanton Kemp

Langford of 35th Perdue Starr

Taylor Walker (excused)

On the adoption of the resolution, the yeas were 48, nays 0.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.
SB 671. By Senator Coleman of the 1st: A bill to amend Chapter 3 of Title 25 of the Official Code of Georgia Annotated, relating to local fire departments generally, so as to authorize a subscription fire department to charge certain fees and be reimbursed for rendering fire protection or similar emergency services on property not covered by fire protection services through subscription within the subscription fire department's fire district; to provide a short title; to provide for declaration of purpose.
The Senate Insurance and Labor Committee offered the following amendment:
Amend SB 671 by striking from line 10 of page 3 the following:
"the amount which equals",
and inserting in lieu thereof the following:
"an amount not to exceed".
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:

THURSDAY, FEBRUARY 24, 1994

1005

Those voting in the affirmative were Senators:

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

Farrow Gillis Gochenour Guhl Harbison Hemmer Henson Hill Huggins Kemp Langford of 29th Madden Marable McGuire Middleton

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

Those not voting were Senators:

Abernathy Broun of 46th Cheeks Glanton

Hooks Isakson Langford of 35th Perdue

Robinson Starr Walker (excused)

On the passage of the bill, the yeas were 45, nays 0. The bill, having received the requisite constitutional majority, was passed as amended.

SB 609. By Senators Guhl of the 45th, McGuire of the 30th, Gochenour of the 27th and others:
A bill to amend Part 1 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to certain privileges and confidentiality regarding certain testimony and communications of witnesses generally, so as to provide that a husband and wife shall be competent and compellable to give evidence in certain criminal proceedings; to limit such evidence.

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

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

Kemp Langford of 29th Madden Marable McGuire Middleton Newbill Oliver Parrish Pollard Ragan of llth Ragan of 32nd Ralston Ray

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JOURNAL OF THE SENATE

Robinson Scott Slotin

Taylor Thomas Thompson

Turner Tysinger

Those not voting were Senators:

Cheeks Day

Langford of 35th Perdue

Starr Walker (excused)

On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 510. By Senators Newbill of the 56th and Clay of the 37th:
A bill to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to provide for definitions; to provide for exemptions; to provide for the seizure and forfeiture of certain weapons, conveyances, and other property used to facilitate a violation of said part; to provide procedures for such forfeitures.

The Senate Special Judiciary Committee offered the following substitute to SB 510:

A BILL
To be entitled an Act to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to provide for definitions; to provide for exemptions; to provide for the seizure and forfeiture of certain weapons, conveyances, and other property used to facilitate a violation of said part; to provide procedures for such forfeitures; to provide for limitations on certain de fenses to such forfeitures; to provide for suspension of privileges to operate motor vehicles; to provide for notices and information; to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that violations of Code Section 16-11-127.1 are designated felonies; to amend Code Section 40-554 of the Official Code of Georgia Annotated, relating to mandatory suspension of licenses, so as to provide for suspension of licenses upon conviction of carrying or possessing weapons on school property or at school events; to repeal Section 3 of an Act amending laws relating to carrying weapons at school functions, approved April 13, 1992 (Ga. L. 1992, p. 1315); to provide for other related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, is amended by striking subsec tions (b) and (c) of Code Section 16-11-127.1, relating to carrying weapons at school func tions or on school property, and inserting in their place the following:
"(b) For the purpoacs of this Code Section As used in this Code section, the term:
(1) 'School' means any public or private elementary, secondary, technical, or vocational school and any college or university or other institution of postsecondary education.
(2) 'weapon' 'Weapon' means and includes any pistol, revolver, or any weapon designed or intended to propel a missile of any kind, or any dirk, bowie knife, switchblade knife, ballistic knife, any other knife having a blade of three or more inches, straight-edge razor, spring stick, metal knucks, blackjack, or any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain, or any disc, of whatever configuration, having at least two points or pointed blades which is designed to be

THURSDAY, FEBRUARY 24, 1994

1007

thrown or propelled and which may be known as a throwing star or oriental dart, or any weapon of like kind or any stun gun or taser as provided in Code Section 16-11-106.
(c) The provisions of this Code section shall not apply to:
(1) Competitors while participating in organized sport shooting events;
(2) Persons participating in military training programs conducted by or on behalf of the armed forces of the United States or the Georgia Department of Defense or law enforcement training conducted by a police academy certified by the Peace Officer Standards and Train ing Council or by a law enforcement agency of this state or the United States or any politi cal subdivision or authority thereof;
(3) The following persons, when acting in the performance of their official duties or when en route to or from their official duties:
(A) A peace officer as defined by Code Section 35-8-2;
(B) A law enforcement officer of the United States government;
(C) A prosecuting attorney of this state or of the United States;
(D) An employee of the Georgia Department of Corrections or a correctional facility operated by a political subdivision of this state or the United States who is authorized by the head of such correctional agency or facility to carry a firearm; and
(E) A person employed as a campus police officer or school security officer who is au thorized to carry a weapon in accordance with Chapter 8 of Title 20;
(4) A person who has been authorized in writing by a duly authorized official of the school to have in such person's possession or use as part of any activity being conducted at a school building, school property, or school function a weapon which would otherwise be pro hibited by this Code section. Such authorization shall specify the weapon or weapons which have been authorized and the time period during which the authorization is valid;
(5) A person who is licensed in accordance with Code Section 16-11-129 or issued a permit pursuant to Code Section 43-38-10, when such person carries or picks up a student at a school building, school function, or school property or on a bus or other transportation furnished by the school;
(6) A weapon which is in a locked container in or a locked firearms rack which is on a motor vehicle which is used to bring to or pick up a student at a school building, school function, or school property or on a bus or other transportation furnished by the school, or when such vehicle is used to transport someone to an activity being conducted on school property which has been authorized by a duly authorized official of the school;
(7) Persons employed in fulfilling defense contracts with the government of the United States or agencies thereof when possession of the weapon is necessary for manufacture, transport, installation, and testing under the requirements of such contract;
(8) Those employees of the State Board of Pardons and Paroles when specifically desig nated and authorized in writing by the members of the State Board of Pardons and Paroles to carry a weapon;
(9) The Attorney General and those members of his or her staff whom he or she specifi cally authorizes in writing to carry a weapon;
(10) Probation supervisors employed by and under the authority of the Department of Corrections pursuant to Article 2 of Chapter 8 of Title 42, known as the 'State-wide Proba tion Act,' when specifically designated and authorized in writing by the director of the Divi sion of Probation;
(11) Public safety directors of municipal corporations; and
(12) Trial judgesr ; and

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(13) Operators of vehicles used for public transportation or operators of vehicles used for the transportation of students.
(d) (1) The following property is declared to be contraband and no person shall have any property right in such property:
(A) Any weapon which is carried, possessed, or under the control of any person or which is found at a school building, school function, school property, or on a bus or other transpor tation in violation of this Code section;
(B) Any motor vehicle or other conveyance used or intended to be used to facilitate a violation of this Code section;
(C) Any other thing of value, including but not limited to currency, which is used or intended to be used to facilitate a violation of this Code section.
(2) The procedures set forth in Code Section 16-13-49 shall apply to all seizures and forfeitures brought pursuant to this Code section.
(3) When property is seized by an employee of a school who is not a law enforcement officer, such employee shall report in writing the seizure to the law enforcement agency having primary jurisdiction for the investigation of violations of the criminal laws of this state at said school within ten days of the seizure. Upon receipt of such notice, said law enforcement agency shall proceed as provided by subsection (h) of Code Section 16-13-49 and shall take custody of the property from school authorities^
(4) The proceeds of the sale of any property which is forfeited shall be equally divided between the school where such property was seized and as provided by subsection (u) of Code Section 16-13-4"9T
(e) Any person having been convicted under this Code section shall suffer, in addition to other applicable penalties, the suspension of privileges to operate a motor vehicle for not less than two years.
(f) It shall be the duty of each school:
(1) To post in public view a notice that it is unlawful to possess weapons on school property or at school functions;
(2) To include in materials provided to employees, students, and parents information concerning the provisions of subsections (a), (b), and (c) of this Code section; provided, however, it shall not be a defense to any criminal or civil action that the school failed to post the notices or provide the information as required by this Code section.
(g) Nothing in this Code section shall preclude any school from adopting rules applica ble to students which are more restrictive than this Code section or from conditioning any person's entry to school property or a school function on such person's consenting to a search for weapons."
Section 2. Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by striking paragraph (2) of subsection (a) of Code Section 15-11-37, relating to designated felony acts and restrictive custody disposition, and inserting in its place a new paragraph (2) to read as follows:
"(2) 'Designated felony act' means an act which, if done by an adult, would be one or more of the following crimes:
(A) Murder, rape, kidnapping, or arson in the first degree, if done by a juvenile 13 or more years of age;
(B) Aggravated assault, voluntary manslaughter, aggravated sodomy, arson in the sec ond degree, aggravated battery, robbery, or armed robbery, if done by a juvenile 13 or more years of age;
(C) Attempted murder or kidnapping, if done by a juvenile 13 or more years of age; ef
(D) Violation of Code Section 16-11-127.1; or

THURSDAY, FEBRUARY 24, 1994

1009

4B} (E) Any other act which, if done by an adult, would be a felony, if the juvenile committing the act has three times previously been adjudicated delinquent for acts which, if done by an adult, would have been felonies."
Section 3. Code Section 40-5-54 of the Official Code of Georgia Annotated, relating to mandatory suspension of licenses, is amended by striking said Code section in its entirety and inserting in its place a new Code Section 40-5-54 to read as follows:
"40-5-54. (a) The department shall forthwith suspend, as provided in Code Section 405-63, 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 pursuant to Article 14 of Chapter 6 of this title:
(1) Homicide by vehicle, as denned by Code Section 40-6-393;
(2) Any felony in the commission of which a motor vehicle is used;
(3) Hit and run or leaving the scene of an accident in violation of Code Section 40-6270;
(4) Racing on highways and streets;
(5) Using a motor vehicle in fleeing or attempting to elude an officer; or
(6) Fraudulent or fictitious use of or application for a license as provided in Code Sec tion 40-5-120 or 40-5-125.
(b) 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 carrying or pos sessing a weapon on school property or at school functions as defined in Code Section 16-11127.1.
(fe) (c) All judges of all courts having jurisdiction of the offenses set forth in aubacction subsections (a) and (b) of this Code section shall, at the time of sentencing, give notice to the defendant on forms provided by the Department of Public Safety of the suspension of the defendant's driver's license. The period of suspension shall be determined by the De partment of Public Safety for the term authorized by law. The court shall forward the no tice of suspension and the defendant's driver's license to the Department of Public Safety within ten days from the date of conviction. The Department of Public Safety shall notify the defendant of the period of suspension at the address provided by the defendant."
Section 4. Section 3 of an Act amending laws relating to carrying weapons at school functions, approved April 13, 1992 (Ga. L. 1992, p. 1315), which reads as follows:
"Section 3. All schools shall post in public view the provisions as contained in Section 16-11-127.1 (a) and (b).",
is repealed in its entirety.
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.
Senators Newbill of the 56th and Clay of the 37th offered the following amendment:
Amend the Senate Special Judiciary Committee substitute to SB 510 by striking lines 5 through 10 of page 1 in their entirety and inserting in lieu thereof the following:
"seizure and forfeiture of certain weapons; to provide procedures for such forfeitures; to provide for notices and information; to amend".
By striking lines 14 through 18 of page 1 in their entirety and inserting in lieu thereof the following:
"designated felonies; to repeal Section 3".
By striking lines 12 through 27 of page 5 and inserting in lieu thereof the following:
"(d) (1) Any weapon as defined in this article is declared to be contraband and no

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person shall have any property right in any weapon which is carried, possessed, or under the control of any person or which is found at a school building, school function, school prop erty, or on a bus or other transportation in violation of this Code section."
By striking lines 13 through 24 of page 6 and inserting the following:
"(e) It shall be the duty of each school to post in public view a notice that it is unlawful to possess weapons on school property or at school functions;".
By striking "(g)" and inserting "(f)" on line 29 of page 6.
By striking line 27 of page 7 through line 3 of page 9 in their entirety.
By redesignating Sections 4 through 6 as Sections 3 through 5, respectively.
On the adoption of the amendment, the yeas were 36, nays 0, and the Newbill and Clay amendment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Burton Cheeks Clay Coleman Day Dean Edge Farrow

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

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

Those not voting were Senators:

Brown of 26th Crotts Egan

Langford of 35th Middleton Perdue

Starr Walker (excused)

On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute.

THURSDAY, FEBRUARY 24, 1994

1011

Senator Gillis of the 20th introduced the doctor of the day, Dr. Jean Sumner, of Sandersville, Georgia.

HB 1181. By Representatives Lane of the 55th and Polak of the 67th:
A bill to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to provide that all dogs and cats released for adoption by a public animal shelter shall be sterilized.
Senate Sponsor: Senator Perdue of the 18th.

Pursuant to Senate Rule 143, the substitute to HB 1181 offered by Senator Perdue of the 18th et al, on February 23, as it appears in the Journal of February 23, was automati cally reconsidered and put upon its adoption.
On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Baugh Blitch
Boshears

o

f

BBrroowunn ooff 26th

Coleman fj ay Dean Egan Farrow

Gillis Hemmer Henson Hill Hooks
ITLMgaaankdgsdf,o.eonnrd, of. 2on9th, Marable McGuire Middleton Oliver Parrish

Perdue Pollard Ragan of llth Ragan of 32nd
Ralston Ray RSSc_,lcooobttmitnson Taylor Thomas Thompson Turner Tysinger

Those voting in the negative were Senators:

Alien Burton Crotts

Edge Gochenour

Guhl Newbill

Those not voting were Senators:

Glanton Harbison

Kemp Langford of 35th

Starr Walker (excused)

On the passage of the bill, the yeas were 43, nays 7. The bill, having received the requisite constitutional majority, was passed by substitute.
HB 1420. By Representatives Walker of the 141st, Groover of the 125th, Bostick of the 165th and Murphy of the 18th: A bill to amend Article 2 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to conveyances of property, so as to provide that remainders,

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JOURNAL OF THE SENATE

whether vested or contingent, executory interests, and other expectant estates are alienable in the same manner as estates in possession and may be freely con veyed inter vivos.
Senate Sponsor: Senator Egan of the 40th.

Pursuant to Senate Rule 143, the substitute to HB 1420 offered by Senator Egan of the 40th on February 23, as it appears in the Journal of February 23, was automatically recon sidered 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 by substi tute, was agreed to by substitute.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Balfour Baugh Blitch Boshears Broun of 46th Brown of 26th
BCluaryton Coleman Crotts Day Dean Edge Egan
Farrow Gillis

Glanton Gochenour Guhl Harbison Hemmer Henson Hill
HHouoggksins Isakson Langford of 29th Madden Marable McGuire Middleton
Newbill Oliver

Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray
Robinson S01cot.t "lotm btarr Tavlor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Bowen

Cheeks Kemp

Langford of 35th Walker (excused)

On the passage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
HB 633. By Representatives Cauthorn of the 35th, Watts of the 26th, Barnes of the 33rd and others:
A bill to amend Article 5 of Chapter 9 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits and eligibility for benefits under the Superior Court Judges Retirement System and related matters, so as to provide that retirement benefits under such retirement system shall be calculated with regard to a judge then serving in the office from which a member retired so that retired members shall receive an increase in retirement benefits based upon any increase received by active judge.
Senate Sponsor: Senator Dean of the 31st.

THURSDAY, FEBRUARY 24, 1994

1013

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

TO: FROM:

DEPARTMENT OF AUDITS 254 Washington Street, S.W. Atlanta, Georgia 30334-8400
State Auditor's Certification
The Honorable Bill Cummings, Chairman House Retirement Committee
Claude L. Vickers, State Auditor

DATE:

January 6, 1993

SUBJECT: House Bill 633 (LC 21 1976) Superior Court Judges Retirement System

This bill would amend provisions relating to retirement benefits and eligibility for bene fits under the Superior Court Judges Retirement System. The bill would result in retired judges receiving benefits based on the currently serving judge's salary as opposed to benefits based on the salary of the retired judge at the time of retirement. Each time a sitting judge receives an increase in salary, the retired judge will receive a corresponding increase in bene fits. This bill also allows retirement at the age of 60 rather than 65.
This is to certify that this is a fiscal retirement bill as defined in the Public Retirement 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 Baugh Blitch Boshears Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Dean

Farrow Gillis Gochenour Guhl Harbison Hemmer Henson Hooks Huggins Isakson Langford of 29th Madden

Marable Oliver Perdue Pollard Ragan of llth Ralston Ray Robinson Scott Slotin Starr Turner

Those voting in the negative were Senators:

Crotts Day Edge Egan

Glanton McGuire Newbill

Ragan of 32nd Thompson Tysinger

Those not voting were Senators:

Balfour Bowen Hill Kemp

Langford of 35th Middleton Parrish

Taylor Thomas Walker (excused)

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JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 36, nays 10. The bill, having received the requisite constitutional majority, was passed.

HB 1322. By Representatives Trense of the 44th, Sinkfield of the 57th, Campbell of the 42nd and others:
A bill to amend Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to child abuse and deprivation records, so as to provide that identified foster parents and child-placing agencies be given access to all records regarding children being considered for foster care placement.
Senate Sponsor: Senator Marable of the 52nd.

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

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

Farrow Gillis Glanton Gochenour Harbison Hemmer Henson HHoilol ks
Huggins Isakson
Langford of 29th Madden Marable McGuire Newbill

Those not voting were Senators:

Oliver Perdue Pollard Ragan of llth Ragan of 32nd Ralston R ,,Ro*b.inson
Scott blotln
Starr TayloT Thomas Turner Tysinger

Abernathy Bowen Guhl

Kemp Langford of 35th Middleton

Parrish Thompson Walker (excused)

On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 1187. By Representatives Groover of the 125th and Walker of the 141st:
A bill to amend Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to public authorities, so as to create the Georgia Sports Hall of Fame Authority.
Senate Sponsor: Senator Perdue of the 18th.
Senator Perdue of the 18th offered the following amendment: Amend HB 1187 by striking line 7 of page 4 and inserting in its place the following: "(b) The authority shall consist of 12 members, two of whom shall be ap-

THURSDAY, FEBRUARY 24, 1994

1015

pointed by the President of the Senate, who shall serve for terms of six years, two of whom shall be appointed by the Speaker of the House of Representatives, who shall serve for terms of six years, and".
By striking line 14 of page 4 and inserting in its place the following:
"of Fame Board. The other five members and successors to".
On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

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

Voting in the negative were Senators Day and Guhl.

Those not voting were Senators:

Clay Langford of 35th

Parrish

Walker (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 1225. By Representatives Martin of the 47th, Watson of the 139th and Carlisle of the 107th:
A bill to amend Article 12 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to ticket scalping, so as to provide that it shall be unlawful for any person to sell or offer for sale any ticket of admission or other evidence of right of entry to any entertainment event, including, but not limited to, athletic contests, concerts, theater performances, or other entertainments, amusements, or exhibitions to which the general public is admitted.
Senate Sponsor: Senator Broun of the 46th.

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JOURNAL OF THE SENATE

The Senate Economic Development, Tourism and Cultural Affairs Committee offered the following amendment:
Amend HB 1225 by inserting between lines 29 and 30 of page 2 the following:
"Section 2. This Act shall become effective on January 1, 1995."
By redesignating Section 2 as Section 3.
On the adoption of the amendment, the yeas were 0, nays 36, and the committee amendment was lost.
Senator Broun of the 46th offered the following amendment:
Amend HB 1225 by striking from lines 10 and 11 of page 1 the following:
"to provide for a legend or inscription on the tickets;".
By inserting a quotation mark after the period on line 22 of page 2.
By striking all of subsection (c) on lines 23 through 29 of page 2.
On the adoption of the amendment, the yeas were 36, nays 2, and the Broun amend ment was adopted.
Senator Broun of the 46th offered the following amendment:
Amend HB 1225 by inserting between the word and symbol "matters;" and the word "to" on line 12 of page 1 the following:
"to provide effective dates;"
By inserting between lines 29 and 30 of page 2 the following:
"Section 2. Subsection (a) of Code Section 10-1-310 shall become effective on July 1, 1994. Subsection (b) of Code Section 10-1-310 as it relates to international sports competi tion and ceremonies involving competitors from more than one country shall become effec tive on September 1, 1994. Subsection (b) of Code Section 10-1-310 as it relates to all other events covered by this subsection shall become effective April 1, 1995."
By redesignating Section 2 as Section 3.
On the adoption of the amendment, the yeas were 37, nays 0, and the Broun amend ment was adopted.
Senator Thompson of the 33rd offered the following amendment:
Amend HB 1225 by inserting on line 17 of page 2 after the words "service charge" the following:
"not to exceed 10 percent".
By striking line 29 of page 2 and inserting in it place the following:
"section.
(d) Any advertisement, announcement, or poster for any event covered by this Code section shall specify the amount of the service charge to be charged for the sale or selling of each ticket, privilege, or license of admission and such advertisement shall be clearly and conspicuously stated.' "
On the adoption of the amendment, the yeas were 38, nays 0, and the Thompson amendment was adopted.
Senator Robinson of the 16th, President Pro Tempore assumed the Chair.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.

THURSDAY, FEBRUARY 24, 1994

1017

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 Cheeks Clay Coleman Dean Egan Farrow

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

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

Those voting in the negative were Senators:

Balfour Burton Crotts Day

Edge Glanton Gochenour Guhl

Langford of 29th McGuire Newbill Tysinger

Those not voting were Senators:

Brown of 26th Langford of 35th

Parrish Robinson (presiding)

Walker (excused)

On the passage of the bill, the yeas were 39, nays 12. The bill, having received the requisite constitutional majority, was passed as amended.

HB 1265. By Representatives Stephenson of the 25th and Harris of the 112th:
A bill to amend Code Section 40-2-85 of the Official Code of Georgia Annotated, relating to special and distinctive license plates for survivors of Pearl Harbor, so as to eliminate the requirement for a minimum number of applicants for such license plates.

Senate Sponsor: Senator Madden of the 47th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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 Guhl Harbison Hemmer

Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable McGuire Middleton Newbill Oliver

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JOURNAL OF THE SENATE

Perdue Pollard Ragan of llth Ragan of 32nd

Ralston Ray Scott Starr

Thomas Thompson Turner Tysinger

Those not voting were Senators:

Glanton Henson Langford of 35th

Parrish Robinson (presiding) Slotin

Taylor Walker (excused)

On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 1502. By Representatives Baker of the 70th, Hammond of the 32nd, Cauthorn of the 35th and others:
A bill to amend Part 3 of Article 16 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to registration of businesses using trade names, so as to exempt limited liability companies doing business under their limited liabil ity company names from the provisions of such part.

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 Boshears
Broun of 46th Brown of 26th
PCh eeks QJ Coleman Crotts Day Dean Edge Egan

Farrow Gillis Glanton Gochenour Guhl Harbison Hemmer Henson Hill Hooks Huggins Isakson Langford of 29th Madden Marable McGuire

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

Those not voting were Senators:

Blitch Kemp Langford of 35th

Parrish Robinson (presiding)

Starr Walker (excused)

On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed.

THURSDAY, FEBRUARY 24, 1994

1019

HB 1241. By Representatives Watson of the 139th, Walker of the 141st, Floyd of the 138th and Ray of the 128th:
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 to expend a portion of the taxes collected from levies on public accommodations charges for the purpose of supporting a museum of aviation.
Senate Sponsor: Senator Perdue of the 18th.

Senator Newbill of the 56th offered the following amendment:
Amend HB 1241 by adding on line 10 of page 1 immediately after the word and symbol "facilities;" the following:
"to authorize expenditure of a certain portion of the tax proceeds for pedestrian trails or walkways under certain circumstances;".
By striking on line 34 of page 3 the word "or".
By adding on line 9 on page 4 immediately after the number "1993" the following:
"; or (F) a system of bicycle or pedestrian trails or walkways or both connecting a his toric district within the levying county or municipality and surrounding areas (and with respect to this purpose (F) construction and expansion shall include acquisition and devel opment), if not later than December 1, 1993, the county or municipality has adopted ordi nances, resolutions, or contracts which: (i) designate such historic district; (ii) obligate the county or municipality to provide funds to promote tourism to a historic district owners and business association which qualifies as a private sector nonprofit organization under subparagraph (a) (8) (A) of this Code section and Section 501(c) (6) of the Internal Revenue Code; (iii) provide a 'comprehensive plan' as provided for in Chapters 70 and 71 of Title 36; (iv) provide a transportation plan as a component of such comprehensive plan; and (v) provide a recreation plan which is designed to identify recreation needs through the year 2000 and which includes provisions for such system of trails or walkways or both; provided that the authority to expend funds for such system of trails or walkways or both shall expire when all capital costs of the initial acquisition, construction, and development of such system as identified in the relevant plan have been paid and in no event later than July 1, 1999".
On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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 Guhl

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

1020

JOURNAL OF THE SENATE

McGuire Middleton ONleiwvebrill
Perdue Pollard

Ragan of llth Ragan of 32nd RRaaylston
Scott Slotin

Starr Thomas ,,T,hompson
Turn<* Tysinger

Those not voting were Senators:

Blitch Langford of 35th

Parrish Robinson (presiding)

Taylor Walker (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.
Senator Newbill of the 56th moved that HB 1241 be immediately transmitted to the House.
On the motion, the President Pro Tempore, who was presiding, ordered a roll call, 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 Guhl Harbison Hemmer Henson Hill Hooks Isakson Kemp Langford of 29th Madden Marable McGuire

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

Those not voting were Senators:

Blitch Clay Huggins

Langford of 35th Parrish Robinson (presiding)

Taylor Walker (excused)

On the motion, the yeas were 48, nays 0; the motion prevailed, and HB 1421 was imme diately transmitted to the House.
HB 1636. By Representative Davis of the 48th:
A bill to amend Article 13 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to the licensing of mortgage lenders and mortgage brokers, so as to provide for definitions; to revise and provide for exemptions from licensing and other requirements; to authorize the promulgation of rules and regulations.
Senate Sponsor: Senator Turner of the 8th.

THURSDAY, FEBRUARY 24, 1994

1021

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Farrow Gillis Glanton Gochenour Guhl Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable McGuire

Those not voting were Senators:

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

Blitch Langford of 35th

Parrish Robinson (presiding)

Taylor Walker (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 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 649. By Representatives Sherrill of the 62nd and Davis of the 48th:
A bill to amend Code Section 31-7-3 of the Official Code of Georgia Annotated, relating to requirements for permits to operate hospitals and related institutions, so as to provide for consultation with the office of the state long-term care ombudsman prior to licensing a personal care home.

1022

JOURNAL OF THE SENATE

HB 1426. By Representative Taylor of the 134th:
A bill to amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to change certain provisions relating to the applicability of said chapter to an invalid car or the operator thereof.

The Calendar was resumed.

HB 1321. By Representatives Cauthorn of the 35th, Barnes of the 33rd, Hammond of the 32nd and others:
A bill to amend Code Section 9-11-28 of the Official Code of Georgia Annotated, relating to persons before whom depositions may be taken, so as to disallow waiver of disqualification of a court report for interest; to provide for disclosure; to amend Article 2 of Chapter 14 of Title 15 of the Official Code of Georgia Annotated, relating to training and certification of court reporters.
Senate Sponsor: Senator Oliver of the 42nd.

The Senate Judiciary Committee offered the following amendment:
Amend HB 1321 by striking line 9 of page 1 and inserting the following:
"provide that negotiating or bidding reasonable fees for services on a case-by-case basis shall not be prohibited; to provide that violation of said prohibition or of Code".
By striking line 4 of page 7 and inserting the following:
"in an action are prohibited. Attorneys shall not be prohibited from negotiating or bid ding reasonable fees for services on a case-by-case basis."
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:

Abernathy Alien Balfour Baugh Blitch oshears
oBroun off ^46uth Brown of 26th Burton Cheeks
Coleman Crotts Dean Edge

Farrow Gillis Glanton Gochenour Harbison Hill Hooks
Isakson Kemp Langford of 29th Madden Marable McGuire Middleton

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

THURSDAY, FEBRUARY 24, 1994

1023

Those voting in the negative were Senators:

Day

Egan

Those not voting were Senators:

Hemmer Henson Langford of 35th

Parrish Robinson (presiding)

Guhl
Taylor Walker (excused)

On the passage of the bill, the yeas were 46, nays 3.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Perdue of the 18th moved that the following bill be immediately transmitted to the House:
HB 1181. By Representatives Lane of the 55th and Polak of the 67th: A bill to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to provide that all dogs and cats released for adoption by a public animal shelter shall be sterilized.
On the motion, the yeas were 33, nays 0; the motion prevailed and HB 1181 was imme diately transmitted to the House.
Senator Ray of the 19th moved that the Senate do now adjourn until 9:00 A.M. to morrow; the motion prevailed, and the President Pro Tempore announced the Senate ad journed at 12:39 P.M.

1024

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Friday, February 25, 1994 Thirtieth Legislative Day

The Senate met pursuant to adjournment at 9:00 A.M. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1146. By Representative Smith of the 175th: A bill to amend an Act creating a Board of Commissioners of Camden County, so as to provide for election of members.
HB 1846. By Representative Channell of the lllth: A bill to amend an Act creating a board of commissioners for Taliaferro County, so as to provide for a chairperson and five members of the board; to reapportion Taliaferro County into five districts.
HB 1851. By Representatives Golden of the 177th, Patten of the 176th and Reaves of the 178th:
A bill to amend an Act creating a board of commissioners for Lowndes County, so as to change the composition of the board of commissioners; to provide for elections and terms; to provide for a chairperson; to provide for districts.
HB 1867. By Representative Connell of the 115th:
A bill to amend an Act regulating public instruction for the County of Richmond, so as to provide for a change in the date the budget must be presented to the board of education for study and consideration to allow receipt of state appropri ations; to change the current requirements that each expenditure be budgeted by each object and activity.
HB 1881. By Representatives Walker of the 141st, Watson of the 139th, Ray of the 128th and Floyd of the 138th:
A bill to create and provide for the Board of Elections of Houston County as successor to the board of elections in existence prior to the effective date of this Act.
HB 1882. By Representative Greene of the 158th: A bill to reconstitute the Board of Education of Quitman County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain con stitutional and statutory provisions.

FRIDAY, FEBRUARY 25, 1994

1025

HB 1884. By Representatives Cummings of the 27th and Murphy of the 18th: A bill to provide a new charter for the City of Cerdartown.
HB 1887. By Representatives Cummings of the 27th and Murphy of the 18th: A bill to amend an Act creating the Polk County Water Authority, so as to change certain provisions relating to the reappointment and taking of office of members of the Authority.
HB 1889. By Representative Carrell of the 87th: A bill to amend an Act entitled "An Act to reincorporate the City of Monroe in the County of Walton," so as to change certain provisions relating to the ap pointment and duties of the city administrator.
HB 1890. By Representatives Skipper of the 137th and Hanner of the 159th: A bill to amend an Act providing for the election of the Sumter County Board of Education, so as to reconstitute said board of education; to provide education districts.
HB 1894. By Representatives Floyd of the 172nd, Oliver of the 154th, Tillman of the 173rd and Mosley of the 171st: A bill to create the Joint Liberty County, City of Gum Branch, City of Midway, City of Riceboro, and City of Walthourville Fire Protection Facilities and Equip ment Authority.
HB 1895. By Representatives Floyd of the 172nd, Oliver of the 154th, Tillman of the 173rd and Mosley of the 171st: A bill to amend an Act establishing the State Court of Liberty County, so as to change the compensation of the judge and solicitor of the said court.
HB 1900. By Representatives Cox of the 160th, Bates of the 179th and Royal of the 164th: A bill to amend an Act creating the Board of Commissioners of Decatur County, so as to change the provisions relating to the vote necessary for the commission to act on any matter.
HB 1901. By Representative Birdsong of the 123rd: A bill to amend an Act providing for the election of the members of the Board of Education of Twiggs County, so as to change the provisions relating to the com pensation of the members of the board of education.
HB 1902. By Representative Birdsong of the 123rd: A bill to amend an Act creating a Board of Commissioners of Twiggs County, so as to change the provisions relating to the compensation and expenses of the members of the board.
HB 1903. By Representatives Williams of the 63rd, Mobley of the 69th, Polak of the 67th, Hegstrom of the 66th, Randolph of the 72nd and others: A bill to amend an Act providing a homestead exemption from certain DeKalb County School District ad valorem taxes for educational purposes on the full value of the homestead after a five-year phase in period for certain residents of that school district who are 70 years of age or over and who have annual incomes not exceeding $50,000.00, so as to provide that such exemptions shall be in addi tion to and not in lieu of certain other exemptions.

1026

JOURNAL OF THE SENATE

HB 1904. By Representatives Henson of the 65th, Polak of the 67th, Baker of the 70th, Mobley of the 69th, Sherrill of the 62nd and others:
A bill to impose certain requirements and limitations upon ad valorem taxes lev ied by DeKalb County to finance the provision of certain governmental services, known as the "DeKalb County Special Services Tax Districts Act," so as to pro vide for certain limitations on the millage rate levied in certain municipalities.
HB 1920. By Representatives Buck of the 135th, Taylor of the 134th, Hugley of the 133rd, Culbreth of the 132nd, Smyre of the 136th and others:
A bill to amend an Act creating the Muscogee County School District, so as to change the provisions relating to the date on which the Muscogee County Board of Education shall annually certify to the governing authority of the consolidated government of Columbus the rate of tax levy.
HB 1805. By Representative Poag of the 6th:
A bill to change the manner of filling vacancies for unexpired and full terms of office upon the board of the Hospital Authority of Murray County.
HB 1483. By Representatives Cox of the 160th, Bates of the 179th and Royal of the 164th:
A bill to amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts in general, so as to provide for superior court proceedings in places other than the courthouse.
HB 1313. By Representatives Harris of the 112th, Murphy of the 18th, Birdsong of the 123rd, Bargeron of the 120th and Lakly of the 105th:
A bill to amend Code Section 50-18-70 of the Official Code of Georgia Annotated, relating to public access to and inspection of public records, so as to redefine certain terms; to provide for the applicability of the open records law to records of certain governmental associations.
HB 1436. By Representatives Vaughan of the 34th, Hammond of the 32nd, Mobley of the 86th, Barnes of the 33rd, Ehrhart of the 36th and others:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to the creation of county boards of equalization and their duties regard ing review of assessments and appeal procedures, so as to provide for filing by mail; to provide for appeals of assessments.
HB 1358. By Representatives Dobbs of the 92nd, Colwell of the 7th, Watts of the 26th, Dixon of the 150th and Groover of the 125th:
A bill to amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to offenses involving theft, so as to provide for a presumption of intention to convert rented or leased personal property.
HB 1390. By Representatives Skipper of the 137th, Dixon of the 150th, Chandler of the 99th, Powell of the 23rd, Watson of the 139th and others: A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to combine the State Board of Registration of Used Car Dealers and the State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers.
HB 250. By Representatives Mobley of the 86th, Bostick of the 165th, Twiggs of the 8th, Streat of the 167th, Dixon of the 150th and others: A bill to amend Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions of terms used in provisions relative to the indemnification

FRIDAY, FEBRUARY 25, 1994

1027

of law enforcement officers, firemen, prison guards, and publicly employed emer gency medical technicians, so as to change the circumstances under which a law enforcement officer shall be considered to be in the line of duty.
HB 1450. By Representative Johnson of the 153rd:
A bill to amend Chapter 39 of Title 31 of the Official Code of Georgia Annotated, regarding orders not to resuscitate, so as to authorize such orders for persons who are not in hospitals or nursing homes.
HB 1400. By Representative Coker of the 31st:
A bill to amend Part 10 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to miscellaneous liens, so as to provide that any person engaged in servicing or furnishing supplies or accessories for aircraft or providing contracts of indemnity for aircraft shall have a lien on such aircraft for labor performed, materials furnished, or for contracts of indemnity provided.
HB 1462. By Representatives Klein of the 39th, Kinnamon of the 4th, Trense of the 44th, Campbell of the 42nd, Smith of the 175th and others:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to provide that the Professional Standards Commission and the Professional Practices Commission shall not lose jurisdiction of an applicant who withdraws his or her application for certification.
HB 1403. By Representatives Perry of the llth, Kinnamon of the 4th, Smith of the 12th, Shanahan of the 10th and Snow of the 2nd:
A bill to amend Code Section 16-10-52 of the Official Code of Georgia Annotated, relating to escape, so as to change the penalty for the offense of escape commit ted by a person who has been convicted of a felony or misdemeanor.
HB 1327. By Representatives Hammond of the 32nd, Cauthorn of the 35th, Skipper of the 137th, Cox of the 160th and Thomas of the 100th:
A bill to amend Code Section 15-11-10 of the Official Code of Georgia Annotated, relating to associate juvenile court judges, so as to provide that the qualifications for associate juvenile court judges shall be the same as those provided by law for juvenile court judges.
The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 824. By Representatives Colwell of the 7th, Lawson of the 20th, Murphy of the 18th, Hughes of the 19th, Lee of the 94th and others:
A resolution designating the bridge across Lake Lanier on Georgia State Highway No. 53 in Hall County as the Jerry D. Jackson Bridge.
HR 962. By Representatives Walker of the 141st, Murphy of the 18th, Buck of the 135th, Coleman of the 142nd, McBee of the 88th and others:
A resolution creating the Georgia State Museum and State Library Study Commission.

1028

JOURNAL OF THE SENATE

HR 921. By Representatives Snow of the 2nd, Lane of the 146th, Dobbs of the 92nd, Orrock of the 56th, Trense of the 44th and others: A resolution creating the Aged and Disabled Transportation Task Force.
HR 925. By Representatives Streat of the 167th and Carter of the 166th:
A resolution designating the Private George W. Lee, Jr., Memorial Bridge.
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 415. By Representatives Crews of the 78th, Randall of the 127th, Wall of the 82nd, Joyce of the 1st, Jones of the 71st and others: A bill to amend Article 1 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to homicide, so as to prohibit certain acts which assist in the commission of suicide or which cause the death of another by suicide.
The Speaker has appointed on the part of the House, Representatives Crews of the 78th, Carlisle of the 107th, Titus of the 180th.
The House has disagreed to the Senate substitute to the following bill of the House:
HB 337. By Representative Wall of the 82nd: A bill to amend Article 3 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to dispossessory proceedings, so as to provide that under cer tain conditions a court shall issue a writ of possession instanter notwithstanding Code Section 9-11-62; to provide that if a tenant fails to make any required pay ment into the registry of the court, a writ of possession shall be issued after the expiration of ten days.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committee:
SB 710. By Senators Perdue of the 18th and Hill of the 4th: A bill to amend Code Section 50-27-13 of the Official Code of Georgia Annotated, relating to the disposition of lottery proceeds, so as to provide that no program or project started with lottery proceeds shall be continued with funds from the general fund.
Referred to Committee on Higher Education.
SB 711. By Senators Perdue of the 18th and Hill of the 4th: A bill to amend Code Section 50-27-13 of the Official Code of Georgia Annotated, relating to the disposition of state lottery proceeds, so as to provide for a shortfall reserve subaccount to be maintained within the Lottery for Education Account within the state treasury; to provide for the use of the funds in such shortfall reserve subaccount.
Referred to Committee on Higher Education.
SB 712. By Senator Thomas of the 10th: A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relating to torts, so as to provide for a right of action for sexual harassment; to provide for definitions; to provide for practices,

FRIDAY, FEBRUARY 25, 1994

1029

procedures, and requirements relating to such right of action; to provide for ex ceptions; to provide for limitation of actions for sexual harassment; to require the posting of certain signs by certain employers; to provide for a penalty. Referred to Committee on Judiciary.
SB 713. By Senator Boshears of the 6th: A bill to amend an Act establishing the State Court of Pierce County, as amended, so as to change the compensation of the judge and solicitor of the state court; to provide an effective date.
Referred to Committee on Urban and County Affairs.
SB 714. By Senator Blitch of the 7th: A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate computation, and exemption of in come taxes, so as to provide for a tax credit for physicians practicing in rural counties or health manpower shortage areas; to provide for definitions; to provide an exception.
Referred to Committee on Health and Human Services.
SR 553. By Senator Thomas of the 10th: A resolution creating the Senate Study Committee on Comprehensive School Health Services.
Referred to Committee on Rules.
SR 554. By Senator Walker of the 22nd: A resolution proclaiming the Silver Rights Manifesto; making certain requests to the African-American community of this state.
Referred to Committee on Rules.
SR 556. By Senators Glanton of the 34th, Thompson of the 33rd, Ragan of the 32nd and others: A resolution creating the Senate Postage Cost Reduction Study Committee.
Referred to Committee on Rules.
SR 557. By Senator Thomas of the 10th: A resolution creating the Joint Steering Committee for the Georgia General As sembly's Conference on Health Care Reform/Managed Health Care.
Referred to Committee on Rules.
SR 561. By Senator Blitch of the 7th: A resolution designating the Robert Lee Patten II Probation Boot Camp.
Referred to Committee on Corrections.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 250. By Representatives Mobley of the 86th, Bostick of the 165th, Twiggs of the 8th and others: A bill to amend Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions of terms used in provisions relative to the indemnification

1030

JOURNAL OF THE SENATE

of law enforcement officers, firemen, prison guards, and publicly employed emer gency medical technicians, so as to change the circumstances under which a law enforcement officer shall be considered to be in the line of duty. Referred to Committee on Public Safety.
HB 649. By Representatives Sherrill of the 62nd and Davis of the 48th:
A bill to amend Code Section 31-7-3 of the Official Code of Georgia Annotated, relating to requirements for permits to operate hospitals and related institutions, so as to provide for consultation with the office of the state long-term care ombudsman prior to licensing a personal care home.
Referred to Committee on Youth, Aging and Human Ecology.
HB 1313. By Representatives Harris of the 112th, Murphy of the 18th and Birdsong of the 123rd:
A bill to amend Code Section 50-18-70 of the Official Code of Georgia Annotated, relating to public access to and inspection of public records, so as to redefine certain terms; to provide for the applicability of the open records law to records of certain governmental associations. Referred to Committee on Judiciary.
HB 1327. By Representatives Hammond of the 32nd, Cauthorn of the 35th, Skipper of the 137th and others:
A bill to amend Code Section 15-11-10 of the Official Code of Georgia Annotated, relating to associate juvenile court judges, so as to provide that the qualifications for associate juvenile court judges shall be the same as those provided by law for juvenile court judges. Referred to Committee on Special Judiciary.
HB 1358. By Representatives Dobbs of the 92nd, Colwell of the 7th, Watts of the 26th and others:
A bill to amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to offenses involving theft, so as to provide for a presumption of intention to convert rented or leased personal property. Referred to Committee on Judiciary.
HB 1390. By Representatives Skipper of the 137th, Dixon of the 150th, Chandler of the 99th and others:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to combine the State Board of Registration of Used Car Dealers and the State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers. Referred to Committee on Science, Technology and Industry.
HB 1400. By Representative Coker of the 31st:
A bill to amend Part 10 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to miscellaneous liens, so as to provide that any person engaged in servicing or furnishing supplies or accessories for aircraft or providing contracts of indemnity for aircraft shall have a lien on such aircraft for labor performed, materials furnished, or for contracts of indemnity provided.
Referred to Committee on Special Judiciary.

FRIDAY, FEBRUARY 25, 1994

1031

HB 1403. By Representatives Perry of the llth, Kinnamon of the 4th, Smith of the 12th and others:
A bill to amend Code Section 16-10-52 of the Official Code of Georgia Annotated, relating to escape, so as to change the penalty for the offense of escape commit ted by a person who has been convicted of a felony or misdemeanor. Referred to Committee on Special Judiciary.
HB 1426. By Representative Taylor of the 134th:
A bill to amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to change certain provisions relating to the applicability of said chapter to an invalid car or the operator thereof. Referred to Committee on Health and Human Services.
HB 1436. By Representatives Vaughan of the 34th, Hammond of the 32nd, Mobley of the 86th and others:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to the creation of county boards of equalization and their duties regard ing review of assessments and appeal procedures, so as to provide for filing by mail; to provide for appeals of assessments. Referred to Committee on Finance and Public Utilities.
HB 1450. By Representative Johnson of the 153rd:
A bill to amend Chapter 39 of Title 31 of the Official Code of Georgia Annotated, regarding orders not to resuscitate, so as to authorize such orders for persons who are not in hospitals or nursing homes. Referred to Committee on Health and Human Services.
HB 1462. By Representatives Klein of the 39th, Kinnamon of the 4th, Trense of the 44th and others:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary secondary, and adult education, so as to provide that the Professional Standards Commission and the Professional Practices Commission shall not lose jurisdiction of an applicant who withdraws his or her application for certification. Referred to Committee on Education.
HB 1483. By Representatives Cox of the 160th, Bates of the 179th and Royal of the 164th:
A bill to amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts in general, so as to provide for superior court proceedings in places other than the courthouse. Referred to Committee on Judiciary.
HR 824. By Representatives Colwell of the 7th, Murphy of the 18th, Lawson of the 20th and others:
A resolution designating the bridge across Lake Lanier on Georgia State Highway No. 53 in Hall County as the Jerry D. Jackson Bridge. Referred to Committee on Transportation.
HR 921. By Representatives Snow of the 2nd, Lane of the 146th, Dobbs of the 92nd and others:
A resolution creating the Aged and Disabled Transportation Task Force. Referred to Committee on Rules.

1032

JOURNAL OF THE SENATE

HR 925. By Representatives Streat of the 167th and Carter of the 166th:
A resolution designating the Private George W. Lee, Jr., Memorial Bridge. Referred to Committee on Transportation.
HR 962. By Representatives Walker of the 141st, Murphy of the 18th, Buck of the 135th and others:
A resolution creating the Georgia State Museum and State Library Study Commission. Referred to Committee on Rules.
HB 1146. By Representative Smith of the 175th: A bill to amend an Act creating a Board of Commissioners of Camden County, so as to provide for election of members.
Referred to Committee on Urban and County Affairs.
HB 1805. By Representative Poag of the 6th: A bill to change the manner of filling vacancies for unexpired and full terms of office upon the board of the Hospital Authority of Murray County.
Referred to Committee on Urban and County Affairs.
HB 1846. By Representative Channell of the lllth:
A bill to amend an Act creating a board of commissioners for Taliaferro County, so as to provide for a chairperson and five members of the board; to reapportion Taliaferro County into five districts. Referred to Committee on Urban and County Affairs.
HB 1851. By Representatives Golden of the 177th, Patten of the 176th and Reaves of the 178th: A bill to amend an Act creating a board of commissioners for Lowndes County, so as to change the composition of the board of commissioners; to provide for elections and terms; to provide for a chairperson; to provide for districts.
Referred to Committee on Urban and County Affairs.
HB 1867. By Representative Connell of the 115th: A bill to amend an Act regulating public instruction for the County of Richmond, so as' to provide for a change in the date the budget must be presented to the board of education for study and consideration to allow receipt of state appropri ations; to change the current requirements that each expenditure be budgeted by each object and activity.
Referred to Committee on Urban and County Affairs.
HB 1881. By Representatives Walker of the 141st, Watson of the 139th, Ray of the 128th and Floyd of the 138th: A bill to create and provide for the Board of Elections of Houston County as successor to the board of elections in existence prior to the effective date of this Act.
Referred to Committee on Urban and County Affairs.

FRIDAY, FEBRUARY 25, 1994

1033

HB 1882. By Representative Greene of the 158th: A bill to reconstitute the Board of Education of Quitman County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain con stitutional and statutory provisions.
Referred to Committee on Urban and County Affairs.
HB 1884. By Representatives Cummings of the 27th and Murphy of the 18th: A bill to provide a new charter for the City of Cedartown.
Referred to Committee on Urban and County Affairs.
HB 1887. By Representatives Cummings of the 27th and Murphy of the 18th: A bill to amend an Act creating the Polk County Water Authority, so as to change certain provisions relating to the reappointment and taking of office of members of the Authority.
Referred to Committee on Urban and County Affairs.
HB 1889. By Representative Carrell of the 87th: A bill to amend an Act entitled "An Act to reincorporate the City of Monroe in the County of Walton," so as to change certain provisions relating to the ap pointment and duties of the city administrator.
Referred to Committee on Urban and County Affairs.
HB 1890. By Representatives Skipper of the 137th and Hanner of the 159th: A bill to amend an Act providing for the election of the Sumter County Board of Education, so as to reconstitute said board of education; to provide education districts.
Referred to Committee on Urban and County Affairs.
HB 1894. By Representatives Floyd of the 172nd, Oliver of the 154th, Tillman of the 173rd and Mosley of the 171st: A bill to create the Joint Liberty County, City of Gum Branch, City of Midway, City of Riceboro, and City of Walthourville Fire Protection Facilities and Equip ment Authority.
Referred to Committee on Urban and County Affairs.
HB 1895. By Representatives Floyd of the 172nd, Oliver of the 154th, Tillman of the 173rd and Mosley of the 171st: A bill to amend an Act establishing the State Court of Liberty County, so as to change the compensation of the judge and solicitor of the said court.
Referred to Committee on Urban and County Affairs.
HB 1900. By Representatives Cox of the 160th, Bates of the 179th and Royal of the 164th: A bill to amend an Act creating the Board of Commissioners of Decatur County, so as to change the provisions relating to the vote necessary for the commission to act on any matter.
Referred to Committee on Urban and County Affairs.
HB 1901. By Representative Birdsong of the 123rd: A bill to amend an Act providing for the election of the members of the Board of Education of Twiggs County, so as to change the provisions relating to the com pensation of the members of the board of education.
Referred to Committee on Urban and County Affairs.

1034

JOURNAL OF THE SENATE

HB 1902. By Representative Birdsong of the 123rd: A bill to amend an Act creating a Board of Commissioners of Twiggs County, so as to change the provisions relating to the compensation and expenses of the members of the board.
Referred to Committee on Urban and County Affairs.
HB 1903. By Representatives Williams of the 63rd, Mobley of the 69th, Polak of the 67th and others: A bill to amend an Act providing a homestead exemption from certain DeKalb County School District ad valorem taxes for educational purposes on the full value of the homestead after a five-year phase in period for certain residents of that school district who are 70 years of age or over and who have annual incomes not exceeding $50,000.00, so as to provide that such exemptions shall be in addi tion to and not in lieu of certain other exemptions.
Referred to Committee on Urban and County Affairs.
HB 1904. By Representatives Henson of the 65th, Polak of the 67th, Baker of the 70th and others: A bill to impose certain requirements and limitations upon ad valorem taxes lev ied by DeKalb County to finance the provision of certain governmental services, known as the "DeKalb County Special Services Tax Districts Act," so as to pro vide for certain limitations on the millage rate levied in certain municipalities.
Referred to Committee on Urban and County Affairs.
HB 1920. By Representatives Buck of the 135th, Taylor of the 134th, Hugley of the 133rd and others: A bill to amend an Act creating the Muscogee County School District, so as to change the provisions relating to the date on which the Muscogee County Board of Education shall annually certify to the governing authority of the consolidated government of Columbus the rate of tax levy.
Referred to Committee on Urban and County Affairs.
The following committee reports were read by the Secretary:
Mr. President:
The Committee on Economic Development, Tourism and Cultural Affairs has had under consideration the following resolution of the House and has instructed me to report the same back to the Senate with the following recommendation:
HR 907. Do pass.
Respectfully submitted,
Senator Broun of the 46th District, Chairman
Mr. President:
The Committee on Education has had under consideration the following bill of the Sen ate and has instructed me to report the same back to the Senate with the following recommendation:
SB 437. Do pass by substitute.
Respectfully submitted,
Senator Hill of the 4th District, Chairman

FRIDAY, FEBRUARY 25, 1994

1035

Mr. President:

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

SB 657. Do pass by substitute.

SR 536. Do pass by substitute.

SB 680. Do pass by substitute.

HB 1192. Do pass.

Respectfully submitted,

Senator Farrow of the 54th District, Chairman

Mr. President:

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

SB 659. Do pass. SR 546. Do pass. SR 547. Do pass. SR 548. Do pass.

HB 1489. HB 1617. HB 1693.

Do pass by substitute. Do pass by substitute. 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 Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 704. Do pass.
Respectfully submitted,
Senator Walker of the 22nd District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bill and resolu tion of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 637. Do pass.
SR 456. Do pass.
Respectfully submitted,
Senator Oliver of the 42nd District, Chairman

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JOURNAL OF THE SENATE

Mr. President:

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

SB 698. Do pass. HB 1536. Do pass.

HB 1541. Do pass. HR 796. Do pass.

Respectfully submitted,

Mr. President:

Senator Gillis of the 20th District, Chairman

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

SB 669. Do pass by substitute. HB 180. Do pass.

HB 1195. Do pass by substitute. HB 1637. Do pass.

Respectfully submitted,

Mr. President:

Senator Tysinger of the 41st District, Chairman

The Committee on Special Judiciary has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:

SB 649. Do pass by substitute.

Respectfully submitted,

Mr. President:

Senator Egan of the 40th District, Chairman

The Committee on Transportation 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:

HB 879. Do pass. HB 1318. Do pass.

HB 1783. Do pass. SR 522. Do pass.

Respectfully submitted,

Mr. President:

Senator Coleman of the 1st District, Chairman

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

SB 643. SB 699. SB 700. HB 1113. HB 1794.

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

HB 1796. HB 1802. HB 1841. HB 1849. HB 1856.

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

Respectfully submitted,

Senator Thompson of the 33rd District, Chairman

FRIDAY, FEBRUARY 25, 1994

1037

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 645. Do pass.
SB 668. Do pass.
Respectfully submitted,
Senator Thompson of the 33rd District, Chairman

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

SB 438 SB 552 SB 651 SB 696 HB 562 HB 1217 HB 1486 HB 1616

SB 513 SB 642 SB 673 SR 517 HB 650 HB 1267 HB 1527

SB 526 SB 648 SB 694 SR 531 HB 1207 HB 1268 HB 1613

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

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

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

Those not answering were Senators:

Abernathy Alien

Langford of 35th Perdue

Newbill Oliver Parrish Pollard Ragan of llth R of 32nd Ralston R . TMTMm hlotm Starr
Taylor Thomas Turner Tysinger Walker
Scott Thompson

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Isakson of the 21st introduced the chaplain of the day, Dr. Clarence Salmon of Stone Mountain, Georgia, who offered scripture reading and prayer.

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JOURNAL OF THE SENATE

The following resolutions were read and adopted:
SR 558. By Senator Thomas of the 10th:
A resolution commending the public health nurses of Georgia.
SR 559. By Senator Broun of the 46th:
A resolution commending the Institute of Community and Area Development of the University of Georgia for producing The Interactive Atlas of Georgia, the computerized version of the official state atlas.
SR 560. By Senators Robinson of the 16th and Harbison of the 15th:
A resolution recognizing and commending Gaddy SofTer.
The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Friday, February 25, 1994
THIRTIETH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 643 Isakson, 21st Ragan, 32nd Thompson, 33rd Clay, 37th Abernathy, 38th COBB COUNTY
Amends an Act creating the Board of Commissioners of Cobb County, so as to change the description of Commissioner Districts 2 and 4; to provide for a submission; to repeal conflicting laws.
SB 699 Kemp, 3rd Boshears, 6th WAYNE COUNTY
Provides a homestead exemption from Wayne County ad valorem taxes for county purposes in an amount equal to the amount of the assessed value of the homestead which exceeds the assessed value of that homestead for the taxable year immediately preceding the taxable year in which that exemption is first granted to a resident for certain residents of that county who have annual incomes not exceeding $30,000.00 and who are 62 years of age or over.
SB 700 Kemp, 3rd GLYNN COUNTY
Provides a homestead exemption from Glynn County ad valorem taxes for county purposes in an amount equal to the amount of the assessed value of the homestead which exceeds the assessed value of that homestead for the taxable year immediately preceding the taxable year in which that exemption is first granted to a resident for certain residents of that county who have incomes not exceeding $30,000.00 and who are 62 years of age or over; to repeal conflicting laws.

FRIDAY, FEBRUARY 25, 1994

1039

HB 1113 Robinson, 16th TALBOT COUNTY
Amends an Act establishing a Board of Commissioners of Talbot County, so as to provide that such board shall be composed of five commissioners; to provide for commissioner districts.

HB 1794 Langford, 35th Slotin, 39th CITY OF EAST POINT
Amends an Act to create the East Point Parking Authority, so as to change the composition and appointment of membership on the authority.

HB 1796 Langford, 35th Slotin, 39th CITY OF EAST POINT
Amends an Act to create and establish the East Point Building Authority, so as to change the composition and appointment of members on the authority.

HB 1802 Pollard, 24th Baugh, 25th JEFFERSON COUNTY
Amends an Act providing for a board of commissioners of Jefferson County, so as to change the descriptions of the commissioner districts of the board and provide for definitions and inclusions of parts of commissioner districts.

HB 1856 Farrow, 54th CATOOSA COUNTY
Amends 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 clerical help allowance of the clerk of the superior court.

HB 1841 Langford, 35th Slotin, 39th CITY OF EAST POINT
Provides an exemption for the full value of the homestead from all ad valorem taxes levied for City of East Point government purposes, including ad valorem taxes levied to pay interest on and retire bonded indebtedness of the City of East Point government, for each resident of East Point who is 70 years of age or over or disabled if the resident's gross income together with the gross income of the spouse who also resides at such homestead does not exceed the maximum.

HB 1849 Turner, 8th Ragan, llth LOWNDES COUNTY
Provides for a board of elections and registration for Lowndes County.

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 Bowen

Broun of 46th Burton Cheeks

Clay Coleman Crotts

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JOURNAL OF THE SENATE

Day Dean Edge Egan Farrow Gillis /--..,,. Glanton Gochenour Guhl Harbison
Hemmer
Hill

Hooks Huggins Isakson Kemp Langford of 29th -M,. r adi di en Marable McGuire Middleton Newbill
Oliver
Pollard

Those not voting were Senators:

Abernathy Alien Baugh Blitch

Brown of 26th Henson Langford of 35th Parrish

Ragan of llth Ragan of 32nd Ralston Ray Robinson 01 .. IVLfUlilSUll *iotm btarr Taylor Thomas Turner Tysinger
Perdue Scott Thompson Walker

On the passage of all the local bills, the yeas were 44, nays 0.
All the bills on the Senate Local Consent Calendar, having received the requisite consti tutional majority, were passed.
SENATE RULES CALENDAR
Friday, February 25, 1994
THIRTIETH LEGISLATIVE DAY
SB 674 DUI--person under 21 years old with 0.02 alcohol concentration (Judy--18th) SB 688 Unlawful Enticement of Game--penalty (Nat R--12th) SR 388 Senate Study Committee on Core Knowledge for Education--create
(Rules--56th) SB 529 Education--minimum spending for media center and instructional costs (Substi
tute) (Ed--52nd) SB 544 Conasauga Judicial Circuit Superior Courts--provide fourth judge (Judy--54th) SB 676 Superior Court Clerk's Cooperative Authority--membership (Amendment)
(Judy--37th) SB 629 Student Records--withhold funds to school denying parent the right to inspect
(Ed--54th) SB 460 Criminal Gang Activity Pattern--add rape to list (Judy--42nd) SR 512 Joint Study Committee on Environmental Education--create (Substitute)
(Rules--49th) SR 387 Senate Study Committee for Reorganization of Department of Education--create
(Rules--56th) SR 509 Certain Island Property--owner may remove from industrial area (Judy--1st) SB 168 Driver's License--education requirements (Substitute) (Pub Saf--6th) SR 464 Senate Study Committee on Ombudsman Services--create (Rules--21st) HB 1100 Weapons on School Property--include bludgeon-type instruments
(S Judy--37th) Shipp--38th HR 730 Sergeant Ray McKibben Highway--designate (Trans--31st) Murphy--18th

FRIDAY, FEBRUARY 25, 1994

1041

HR 709 CA: Alcoholic Beverages--state authority to regulate under Twenty-First Amendment (Judy--44th) Buckner--95th
HR 861 Rabun County--lease of certain state property (F&PU--50th) Twiggs--8th
Respectfully submitted, /s/ Scott of the 36th, Chairman
Senate Rules Committee
The following general bills were read the third time and put upon their passage:

SB 674. By Senators Perdue of the 18th, Hill of the 4th, Robinson of the 16th and others:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide that a person under the age of 21 years with an alcohol concentration of 0.02 shall be guilty of driving under the influence of alcohol; to provide for suspension of driver's licenses.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
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 Boshears Bowen Broun of 46th Burton Cheeks Clay Coleman Crotts Day Dean Edge Egan Farrow Gillis Glanton

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

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

Those not voting were Senators:

Abernathy Alien

Baugh Brown of 26th

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. Senator Cheeks of the 23rd gave notice that, at the proper time, he would move that the Senate reconsider its action on SB 674.
Senator Robinson of the 16th, President Pro Tempore, assumed the Chair.
SB 688. By Senators Taylor of the 12th, Gillis of the 20th and Kemp of the 3rd: A bill to amend Code Section 27-3-8 of the Official Code of Georgia Annotated, relating to the unlawful enticement of game, so as to provide a penalty for cer tain such enticement.

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JOURNAL OF THE SENATE

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Bowen Brown of 26th Burton Cheeks Clay Day Gillis Harbison

Hemmer Henson Hill Hooks Huggins Isakson Kemp Madden Marable Middleton Newbill Oliver

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

Those voting in the negative were Senators:

Broun of 46th Crotts Dean Edge

Egan Farrow Glanton Gochenour

Guhl McGuire Ralston

Those not voting were Senators:

Alien Baugh Coleman

Langford of 35th Langford of 29th Parrish

Robinson (presiding) Scott Walker

On the passage of the bill, the yeas were 36, nays 11.
The bill, having received the requisite constitutional majority, was passed.
Senator Dean of the 31st gave notice that, at the proper time, he would move that the Senate reconsider its action on SB 688.

SR 388. By Senators Newbill of the 56th, Clay of the 37th, Glanton of the 34th and others:
A resolution creating the Senate Study Committee on Core Knowledge for Education.

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 Bowen Broun of 46th Burton

Cheeks Clay Crotts Day Dean Edge Egan

Farrow Gillis Glanton Gochenour Guhl Harbison Hemmer

FRIDAY, FEBRUARY 25, 1994

1043

Henson Hill Hooks
g^son Ma'dden Marable McGuire Middleton

Newbill Oliver Perdue
Pollard Ragan of llth Ragan of 32nd Ralston Ray

Those not voting were Senators:

Alien Baugh Brown of 26th Coleman

Huggins Langford of 35th Langford of 29th

Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger
Parrish Robinson (presiding) Walker

On the adoption of the resolution, the yeas were 46, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
SB 529. By Senators Marable of the 52nd, Ray of the 19th and Robinson of the 16th:
A bill to amend Code Section 20-2-167 of the Official Code of Georgia Annotated, relating to funding for direct instructional costs, media center costs, and staff development costs generally, so as to provide for a minimum spending require ment for direct instructional costs; to provide for a minimum spending require ment for media center costs.
The Senate Education Committee offered the following substitute to SB 529:
A BILL
To be entitled an Act to amend Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to financing under the "Quality Basic Educa tion Act," so as to provide for funding for direct instructional costs; to amend Part 5 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to program weights and funding requirements under the "Quality Basic Education Act," so as to remove maximum spending requirements; to provide for related matters; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to financing under the "Quality Basic Education Act," is amended by striking Code Section 20-2-167, relating to funding for direct instructional costs, media center costs, and staff development costs generally, and inserting in its place a new Code Section 20-2-167 to read as follows:
"20-2-167. (a) (1) The State Board of Education shall annually compute, based upon the initial allotment of funds to each local school system, the total funds needed for direct instructional costs for each program identified in Code Section 20-2-161, specifying the sala ries and operational costs portions. 'Direct instructional costs' is defined as those compo nents of the program weights which are specified in subsections (a) through (h) of Code Section 20-2-182. In computing the total funds needed for direct instructional costs for each program, the state board shall apply the percentage that these costs represent of the total costs used in developing the program weights. The direct instructional costs for the four instructional programs for handicapped students shall be summed into one amount for spe cial education. For each program, each local school system shall spend a minimum of 90 percent of the funds designated for salaries in direct instructional costs for such salaries and

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JOURNAL OF THE SENATE

a minimum of 00 percent of the funds dcoignatcd for operational coats in on the direct instructional costs for aueh operational coata of such program, except as modified in this paragraph. For purpoaca of determining compliance with the 00 percent expenditure amounts, the separate identification of salary and operational coat portiona ahull become effective on July 1, 1002 Each local school system shall spend the sum of all funds desig nated for operational costs for such operational costs, summed across all programs. For each local school system which is granted an additional allotment for the midterm adjustment pursuant to Code Section 20-2-162, the 90 percent amounts and the sum of funds desig nated for operational costs shall be increased by the portion of the midterm adjustment allotment which is applied to the rcapcctivc portions of the direct instructional costs of an instructional program. In the event a local school system does not actually enroll the fulltime equivalent count that was anticipated by its initial allocation for one or more programs authorized pursuant to Code Section 20-2-161 but does enroll a greater full-time equivalent count than was anticipated by its initial allocation for one or more programs authorized pursuant to Code Section 20-2-161 as reflected in the midterm calculations, the local school system shall be authorized to increase the 90 percent amount for the appropriate portions of the direct instructional costs of any or all of the instructional programs which experienced the greater than anticipated full-time equivalent counts and reduce the 90 percent amount for the appropriate portions of the direct instructional costs of the instructional programs which experienced the lower than anticipated full-time equivalent counts; provided, how ever, that the combined amount of such reductions shall be equal to the combined amount of increases in the 90 percent amounts for programs with greater than anticipated full-time equivalent program counts; provided, further, that the 90 percent amounts for direct in structional costs for any instructional program which experienced a lower than anticipated full-time equivalent count shall not be reduced below the 90 percent amount reflected in the midterm calculations. In the event a local school system does not actually enroll the fulltime equivalent count that was anticipated by its initial allocation for a program authorized pursuant to Code Section 20-2-161 and it elects to return a portion of that allocation for direct instructional costs to the state, the 90 percent amount for the appropriate portions of the direct instructional costs of that program shall be reduced by that returned amount. Except as otherwise provided by law or rule and regulation of the state board, local school systems may decide whether direct instructional funds shall be used for teacher salaries, aide salaries, instructional material or equipment, or any other appropriate direct instruc tional expense. Quality Basic Education Formula funds in excess of the amount required by this paragraph to be expended by a local school system for the direct instructional costs of an instructional program specified by Code Section 20-2-161 which are not expended for the direct instructional costs of that program may be expended only for the direct instructional costs of one or more of the other programs specified by that Code section.
(2) The state board shall annually compute, based upon the initial allotment of funds to each local school system, the total funds needed system wide for media center costs, specify ing the salaries and materials cost portions. In computing the total funds needed for media center costs, the state board shall apply the percentage that these costs represent of the total costs used in developing program weights. Each local school system shall spend a mini mum of 90 percent of the funds designated for media center salary costs for such salaries and a minimum of 90 percent of the funds designated for media center materials costs for such materials. For purposes of determining compliance with the 90 percent expenditure amounts, the separate identification of salary and materials cost portions shall become effec tive on July 1, 1992. For each local school system which is granted an additional allotment for the midterm adjustment pursuant to Code Section 20-2-162, the 90 percent amounts shall be increased by the portion of the midterm adjustment allotment which is applied to the respective portions of the media center costs. In the event a local school system does not actually enroll the full-time equivalent count that was anticipated by its initial allocation and it elects to return a portion of its allocation for media center costs to the state, the 90 percent amount for the appropriate portions of the media center costs shall be reduced by that returned amount. Quality Basic Education Formula funds in excess of the amount re quired by this paragraph to be expended by a local school system for media center costs

FRIDAY, FEBRUARY 25, 1994

1045

which are not expended for this purpose may be expended only for the costs of one or more of the programs specified by Code Section 20-2-161.
(3) The state board shall annually compute, based upon the initial of funds to each local school system, the total funds needed system wide for staff development costs. In com puting the total funds needed for these categories, the state board shall apply the percent age that these costs represent of the total costs used in developing the program weights. Each local school system shall spend a minimum of 99 100 percent of the total funds desig nated for staff development and professional development programs for certificated and classified personnel and local school board members and for meeting the certification re quirements needed by personnel to continue in currently assigned positions. If a local school system expends any portion of ita professional development stipends for otaff development programs pursuant to subsection (h) of Code Section 20-2-182, the 00 percent amount calcu lated under thia aubacction ahull be incrcaacd by 00 percent of that amount of profcaaionnl development stipends funds expended for thia purpose. For each local school system which is granted an additional allotment for the midterm adjustment pursuant to Code Section 202-162 these 00 percent amounts shall be increased by the portion of the midterm adjust ment allotment which is applied to staff development. In the event a local school system does not actually enroll the full-time equivalent count that was anticipated by its initial allocation and it elects to return a portion of its allocation for staff development and profes sional development costs to the state, the 99 100 percent amount for staff development shall be reduced by that returned amount. Quality Basic Education Formula funds in excess of the amount required by this paragraph to be expended by a local school system for staff development and professional development of certificated and instructional personnel which are not expended for this purpose may be expended only for staff development of noncertificated personnel employed by the local school system and the members of the local school board, for meeting certification requirements of personnel, and for administration and oper ation of the staff development and professional development programs authorized pursuant to subsection (h) of Code Section 20-2-182.
(4) In the event any local school system should fail to encumber at least 90 percent of the funds specified in paragraph (1); or (2), of (3) of this subsection or the funds designated for operational costs in paragraph (iy"of this subsection, the state board shall increase the local fair share for an ensuing year by the difference between the actual amounts encum bered and the 90 percent amounts or the funds designated for operational costs calculated pursuant to this subsection. All funds earned pursuant to this article may be expended only for the operation of educational programs and services explicitly authorized under this article.
(5) The budget of each local school system shall reflect all anticipated revenues from each source. The budget of each local school system shall designate all of such anticipated revenues among the several funds or accounts of the system and shall not leave any antici pated revenues undesignated. Except as otherwise provided in this paragraph, all amounts allocated to each fund or account and any existing balance in each fund or account shall be intended for expenditure within the budget year for the purposes of that fund or account. There shall be no fund or account in the nature of a 'surplus' or 'unobligated surplus' fund or account. Each local school system may, however, establish a single reserve fund or reserve account intended to cover unanticipated deficiencies in revenue or unanticipated expendi tures, provided that the budget for any year shall not allocate to such reserve fund or re serve account any amounts which, when combined with the existing balance in such fund or account, exceed 15 percent of that year's total budget. A local school system may also estab lish one or more capital accumulation funds or accounts, and amounts may be allocated to such capital accumulation funds or accounts for expenditure in future budget years only if the purpose for which such amounts will be expended and the anticipated date of expendi ture of such amounts are clearly and specifically identified. The purpose of this paragraph is to prohibit local school systems from accumulating surplus funds through taxation without accounting to the taxpayers for how such funds will be expended, and this paragraph shall be liberally construed to accomplish this purpose.

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(b) (1) The State Board of Education shall establish a computerized uniform budget and accounting system as a component of the state-wide comprehensive educational infor mation network established pursuant to Code Section 20-2-320 and shall establish uniform regulations to be implemented by local units of administration. The computerized uniform budget and accounting system shall conform to generally accepted governmental accounting principles which shall include, but not be limited to, the following costing information:
(A) Instructional program involved;
(B) Whether basic education or enrichment in purpose;
(C) Fund source or sources; and
(D) Major program components such as instructional personnel, instructional opera tions, facility maintenance and operation, media center operation, school administration, system administration, staff development, or professional development.
(2) The state board is authorized to prescribe information that must be submitted to the state board and the time it must be submitted. The state board is authorized to estab lish a financial review section for the limited purpose of reviewing financial records and accounting of local governing boards and assisting local units of administration in training personnel in financial and budgetary accounting.
(c) The State Board of Education is authorized to prescribe a date by which each local unit of administration must submit a budget to the state board. The regulations developed by the state board must make adequate provision for local review and modification prior to local approval and submittal to the State School Superintendent. The State School Superin tendent shall provide for the examination and preparation of a written report on the budget of each local unit and submit a copy to the state board and to the respective local unit of administration. The state board shall either accept or reject the budget of a local unit.
(d) The standards set forth in this article shall be construed as setting out a basic plan for the direction of the State Board of Education in planning a program and presenting proposals to the Governor and to the General Assembly. Nothing in this article shall be construed as amending or modifying in any way Part 1 of Article 4 of Chapter 12 of Title 45, known as the 'Budget Act.' The state board shall, in all of its programs involving allocation or expenditure of funds, be governed and controlled by Part 1 of Article 4 of Chapter 12 of Title 45 and all other laws of general application pertaining to the handling and expenditure of state funds, none of which are amended, modified, or repealed by this article unless spe cifically so provided in this article."
Section 2. Part 5 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to program weights and funding requirements under the "Quality Basic Education Act," is amended by striking subsection (h) of Code Section 20-2-182, relating to program weights to reflect funds for payment of salaries and benefits, and inserting in its place a new subsection (h) of said Code section to read as follows:
"(h) All program weights, when multiplied by the base amount, shall reflect, whenever they are revised pursuant to subsection (f) of Code Section 20-2-161, an amount of funds for the purpose of providing staff development to certificated and classified personnel and local school board members which shall be at least equivalent to one-half of 1 percent of salaries of all certificated professional personnel used in the development of each respective program weight, subject to appropriation by the General Assembly. The program weights, when mul tiplied by the base amount, shall also reflect an amount of funds for the purpose of provid ing professional development stipends which shall be sufficient to allow eligible certificated personnel to participate in such activities at least once every five years, subject to appropri ation by the General Assembly. Such stipends shall be provided to the individual on a reim bursable basis on a state approved schedule which shall not exceed $150.00 per credit hour for staff development or professional development stipends for approved program participa tion; provided, however, that such limit shall be adjusted annually, consistent with the per centage increase in the salary base determined pursuant to Code Section 20-2-212. No sti pends shall be provided for less than one credit hour participation or for more than 15 hours

FRIDAY, FEBRUARY 25, 1994

1047

within the fiscal year. Each credit hour shall require ten contact hours of participation. Funds used for staff development purposes may be used throughout the fiscal year, includ ing days when students are not present at school, to meet staff development needs in the order of priority determined by the local board of education within the comprehensive staff development program plan approved by the State Board of Education pursuant to Code Section 20-2-232. Funds for professional development stipends may be used for activities occurring at any time during the fiscal year outside of an employee's normal contract hours. A local school system ahall be authorized to expend up to 16 percent of ita initial allotment of fundo for providing profcooional development otipcnds for staff development programs 03 specified under thia subsection. If any portion of professional development funds are not expended by a local school system for these purposes, that portion shall be returned to the state. Such staff and professional development activities shall be in accordance with the annual local staff development plan approved by the State Board of Education pursuant to Code Section 20-2-232."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Alien Baugh Coleman

Langford of 35th Parrish Robinson (presiding)

Thomas 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.
SB 544. By Senators Farrow of the 54th and Huggins of the 53rd: A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of the superior courts, so as to provide for a fourth judge of the superior courts of the Conasauga Judicial Circuit of Georgia;

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to provide for the appointment, subsequent election, and terms of office of said judge; to declare inherent authority; to provide effective dates.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
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 Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Day Dean Edge Egan

Farrow Gillis Gochenour Guhl Harbison Hemmer Hill Hooks Huggins Isakson Langford of 29th Madden Marable McGuire Middleton

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

Voting in the negative was Senator Blitch.

Those not voting were Senators:

Alien Baugh Glanton Henson

Kemp Langford of 35th Parrish

Robinson (presiding) Scott Starr

On the passage of the bill, the yeas were 45, nays 1.
The bill, having received the requisite constitutional majority, was passed.
SB 676. By Senator Clay of the 37th: A bill to amend Code Section 15-6-94 of the Official Code of Georgia Annotated, relating to the Georgia Superior Court Clerk's Cooperative Authority, so as to provide for the membership of the authority; to provide for the effectiveness of prior arts of the authority; to provide for related matters; to provide an effective date.
The Senate Judiciary Committee offered the following amendment:
Amend SB 676 by striking the word "president" on line 19 of page 1 and inserting in its place the following:
"executive board".
On the adoption of the amendment, the yeas were 29, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

FRIDAY, FEBRUARY 25, 1994

1049

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears
owen , ,,,,*,.
BBrB,rruoorwutonnnoofff 4n26/6*ttihih Cheeks Clay Coleman
Crotts Day Dean

Edge Egan Gillis Gochenour
Suhu-
THHHIeeanmrbsmiosnoern Hooks Hugging Isakson
Langford of 29th Madden Marable

Those not voting were Senators:

Alien Baugh Farrow Glanton Hill

Kemp Langford of 35th Middleton Oliver Parrish

McGuire Newbill Pollard Ragan of llth
Rag*n of 32nd
K^DQl.aoi,tsl.ttnon btarr Taylor Thomas Thompson Turner Walker
Perdue Ray Robinson (presiding) Scott Tysinger

On the passage of the bill, the yeas were 41, nays 0. The bill, having received the requisite constitutional majority, was passed as amended.

SB 629. By Senators Farrow of the 54th, Oliver of the 42nd and Ralston of the 51st:
A bill to amend Subpart 3 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student records, so as to provide for the withholding of funds to any school system which denies both parents of a child the right to inspect and review the education records of such child.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
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 Cheeks Clay Coleman Crotts Day Dean Edge Egan Farrow

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

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

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JOURNAL OF THE SENATE

Those not voting were Senators:

Alien Baugh Bowen

Henson Kemp Langford of 35th

Parrish Robinson (presiding)

On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 460. By Senator Oliver of the 42nd:
A bill to amend Code Section 16-15-3 of the Official Code of Georgia Annotated, relating to definitions in the "Georgia Street Gang Terrorism and Prevention Act," so as to add rape within the list of those crimes considered a pattern of criminal gang activity.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Glanton Gochenour Guhl Harbison Hemmer Henson Hill Hooks Huggins Isakson Langford of 29th Madden Marable McGuire Middleton Newbill

Oliver Pollard Ragan of llth Ragan of 32nd Ralston R_ y
Slotin Starr
Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Alien Bowen

Broun of 46th Kemp Langford of 35th

Parrish Perdue Robinson (presiding)

On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed.
SR 512. By Senators Hemmer of the 49th, Gillis of the 20th, Henson of the 55th and Madden of the 47th: A resolution creating the Joint Study Committee on Environmental Education; and for other purposes.
The Senate Rules Committee offered the following substitute to SR 512:

FRIDAY, FEBRUARY 25, 1994

1051

A RESOLUTION
Creating the Joint Study Committee on Environmental Education; and for other purposes.
WHEREAS, the natural resources and environment of Georgia are of vital importance to the state and its citizens; and
WHEREAS, numerous laws and regulations have been enacted to assure that Georgia's natural resources and environment are adequately protected; and
WHEREAS, a comprehensive program of education is essential to public awareness of and support for such laws and regulations; and
WHEREAS, numerous other agencies and organizations have developed a variety of public education materials and programs aimed at the general public which address various environmental issues; and
WHEREAS, the Environmental Education Council, created within the Department of Education by the General Assembly in 1992, was charged with developing "programs and projects designed to enhance awareness of environmental issues among kindergarten and primary education students in the state"; and
WHEREAS, a comprehensive environmental education strategy is needed to ensure that the citizens of Georgia have access to appropriate educational materials and programs; the roles and responsibilities of agencies and organizations engaged in environmental educa tion activities are clearly defined; and coordination and communication among the various agencies and organizations are maintained on a regular basis.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Study Committee on Environmental Education to be composed of three members of the House of Representatives to be appointed by the Speaker of the House of Representatives, three members of the Senate to be appointed by the President of the Senate, the commissioner of natural resources or his or her designee, the commissioner of community affairs or his or her designee, the State School Superinten dent or his or her designee, a member of the faculty within the University System of Geor gia appointed by the chancellor thereof, one member of the agriculture community ap pointed by the Governor, one member representing the news media appointed by the Governor, and three members from the public and private sectors to be appointed by the Governor. The members from the public and private sectors shall include one representative of local government, one representative of an environmental organization, and one represen tative of the business community.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the con ditions, needs, issues, and problems enumerated above and recommend any actions or legis lation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. All members of the committee except the execu tive branch members shall receive the allowances authorized for legislative members of in terim legislative committees but shall receive the same for not more than five days unless additional days are authorized by the President of the Senate and the Speaker of the House of Representatives. The executive branch members shall be reimbursed for actual and nec essary expenses incurred by them in carrying out their duties from the funds of their respec tive branches. Except as otherwise provided in this resolution, the funds necessary to carry out the provisions of this resolution shall come from the funds of the legislative branch of government. The committee shall make a report of findings and recommendations, with sug gestions for proposed legislation and funding, if any, on or before December 1, 1994. The committee shall stand abolished on December 1, 1994.
On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted.

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JOURNAL OF THE SENATE

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:

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

Gillis Glanton Gochenour Guhl Hemmer Hill Hooks Huggins Isakson Langford of 29th
Madden Marable
McGuire Middleton
Newbill

Oliver Perdue Pollard Ragan of llth Ragan of 32nd Ralston j. 0, .. |lotm
tarr
Thomas Thompson Tysinger Walker

Those not voting were Senators:

Abernathy Alien Bowen Coleman

Harbison Henson Kemp Langford of 35th

Parrish Robinson (presiding) Scott Turner

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

SR 387. By Senators Newbill of the 56th, Clay of the 37th, Glanton of the 34th and others:
A resolution creating the Senate Study Committee for the Reorganization of the Department of Education.

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 Guhl

Hemmer Henson Hill Hooks Huggins Isakson Langford of 29th Madden Marable McGuire Middleton

FRIDAY, FEBRUARY 25, 1994

1053

Newbill Pollard Ragan of llth Ragan of 32nd Ralston

Ray Scott Slotin Starr Taylor

Those not voting were Senators:

Alien Harbison Kemp

Langford of 35th Oliver Parrish

Thomas Thompson Turner Tysinger Walker
Perdue Robinson (presiding)

On the adoption of the resolution, the yeas were 48, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

SR 509. By Senators Coleman of the 1st and Alien of the 2nd:

A RESOLUTION
Proposing an amendment to the Constitution so as to allow owners of real property located in an industrial area on an island by virtue of Article XI, Section I, Paragraph IV of the Constitution to irrevocably remove such property and adjacent public rights of way from the industrial area; to provide for the submission of this amendment for ratification or rejec tion; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article XI, Section I, Paragraph IV of the Constitution is amended by ad ding at the end thereof a new subparagraph (e) to read as follows:
"(e) Any other provision of this Constitution to the contrary notwithstanding, the legal and equitable owners of any real property located within the boundaries of an industrial area described in subparagraph (d) which property is located on an island may remove such property from the industrial area by filing a certificate with the clerk of the superior court for the county where such property is located removing the property from the industrial area. The filing of such certificate shall be irrevocable and shall bind the legal and equitable owners, their heirs, successors, and assigns. For purposes of this subparagraph, a legal or equitable owner shall not include a beneficiary of any trust or a partner in any partnership owning any interest in the property, or the owner of any easement rights in the property. Upon the riling of such certificate, the property described in the certificate, together with all public streets and public rights of way within the property or abutting the property or con necting the property to lands outside the industrial area, shall be immediately removed from the industrial area and such property and adjacent public rights of way may thereafter be annexed into the corporate limits of any adjacent municipality pursuant to any method of annexation allowed by law."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"[ ] YES [ ] NO

Shall the Constitution be amended so as to permit an owner of property located on an island to remove such property from a constitutionally created industrial area in which such property is currently granted certain tax bene fits and is currently exempted from certain regulatory powers of a municipal government?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote

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JOURNAL OF THE SENATE

""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Egan Farrow Gillis Glanton Gochenour Guhl Hemmer Henson Hill Hooks Huggins Isakson Langford of 29th Madden Marable

McGuire Middleton Newbill Oliver Pollard RD aaflgsat. onnof32nd
Scott Slotm Starr Taylor Thompson Turner Tysinger

Those not voting were Senators:

Alien Harbison Kemp Langford of 35th

Parrish Perdue Ragan of llth

Robinson (presiding) Thomas Walker

On the adoption of the resolution, the yeas were 46, nays 0.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.
SB 168. By Senators Boshears of the 6th and Ralston of the 51st: A bill to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of drivers' licenses, so as to require minors to be enrolled in public or private school, home study, or cer tain other courses of study or to have graduated from high school or received an equivalency diploma or certificate of high school completion as a requirement of issuance of a driver's license; to provide for verification.
The Public Safety Committee offered the following substitute to SB 168:
A BILL
To be entitled an Act to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of drivers' licenses, so as to require minors to be enrolled in public or private school, home study, or certain other courses of study or to have graduated from high school or received an equivalency diploma

FRIDAY, FEBRUARY 25, 1994

1055

or certificate of high school completion as a requirement of issuance of a driver's license; to provide for verification; to provide for procedures for remediation of a minor's failure to comply with relevant attendance and academic requirements; to provide for suspension of a minor's driver's license for failure to comply with such requirements; to provide for notice, hearing, and appeal of such intended suspension; to provide for reinstatement; to provide for fees; to provide for the period of suspension; to provide for procedures for compliance with reporting requirements; to provide for hardship exemptions; to provide for related mat ters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of drivers' licenses, is amended by striking Code Section 40-5-26, relating to applications by minors, in its entirety and inserting in lieu thereof the following:
"40-5-26. (a) The application of any person under the age of 18 years for an instruction permit or driver's license shall be signed and verified by the father, mother, or guardian of the applicant before a person authorized to administer oaths or, in the event there is no parent or guardian, by another responsible adult.
(b) The department may issue a driver's license to a minor who is at least 16 years of age 5ut younger than 18 years of age if, at the time of application, such minor has been provided certification by the board of education that is acceptable to the department that said applicant:
(1) Has received a high school diploma, a high school general education development (GED) equivalency diploma, a special diploma, or a certificate of high school completion;
(2) Is enrolled in a public or private school and satisfies relevant attendance and aca demic requirements;
(3) Is enrolled in a study course in preparation for the test of general education devel opment and satisfies relevant attendance requirements;
(4) Is enrolled in a home education program that satisfies the requirements of all state laws governing such courses;
(5) Is enrolled in a postsecondary vocational program or a postsecondary adult voca tional program and satisfies relevant attendance requirements]
(6) Is enrolled in a job training program and satisfies relevant attendance requirements;
(7) Is enrolled in other educational activities approved by the local board of education of the minor's residence and satisfies relevant attendance requirements;
(8) Is disabled and medically unable to pursue any of the educational programs enu merated in paragraphs (1) through (7) of this subsection!
(9) Has a parent who is totally disabled and said parent needs the minor to perform services which prevent the minor from engaging in the educational activities enumerated in paragraphs (1) through (7) of this subsection; or
(10) Is employed and such employment by its full-time nature prevents the minor from engaging in the educational activities enumerated in paragraphs (1) through (7) of this subsection?
(c) An applicant for a driver's license shall provide either written verification of compli ance''^^ the requirements of subsection (b) of this Code section or a waiver from such requirements pursuant to subsection (d) of Code Section 40-5-26.1 to the department. The necessary verification shall be obtained from the applicable local board of education. If the applicant is enrolled in or has graduated from a private high school, such verification shall be obtained by the applicant from the governing body of the private school. A local board of education or governing body of a private school, as applicable, shall not refuse to provide

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JOURNAL OF THE SENATE

written verification of a minor's compliance with the enrollment and attendance require ments of paragraphs (1) through (7) of subsection (b) of this Code section unless and until the school administration has completed the following escalating activities to determine the cause and to attempt the remediation of the minor's failure to satisfy relevant attendance requirements:
(1) One or more meetings shall be held between a school attendance professional or schooTsocial worker, the minor's parent or guardian, and the minor to report and to attempt to solve the attendance problem. However, if the school attendance professional or school social worker has documented the refusal of the parent or guardian to attend the meeting after a reasonable period of time has elapsed, then this requirement shall be deemed to have been met and the school administration shall proceed to the next escalating activity;
(2) Educational counseling and evaluation shall be provided to the minor to attempt to identify the specific condition, if any, that is contributing to the attendance problem and to determine whether curriculum changes would help solve the attendance problem. If any changes are indicated, such changes shall be instituted. If counseling is proven unsuccessful in remedying the attendance problem or if the minor fails to participate, this requirement shall be deemed to have been met. Such curriculum changes may include enrollment of the minor in a dropout prevention program meeting the specific educational and behavioral needs of the minor.
4fe) (d) The department shall, by rule and regulation, provide that all licenses issued to applicants under 21 years of age shall be so designed as to be readily distinguishable from all other licenses issued to other applicants. After having attained 21 years of age, the holder of any such distinctive license may obtain a new license which shall not be distinctive. Such new license shall be obtained in the same manner and under the same conditions and limi tations as are provided in Code Section 40-5-32, relating to renewals of licenses."
Section 2. Said article is further amended by inserting a new Code Section 40-5-26.1 to read as follows:
"40-5-26.1. (a) Notwithstanding any other provisions of this chapter, the burden of proof shall be upon the minor applying for the license to prove that he or she has complied with the requirements of subsection (b) of Code Section 40-5-26. The board of education may comply with the reporting requirements of this Code section by providing a certified copy of the applicant's academic and attendance records. Nothing in this Code section shall be construed to require the board of education to compile or create any additional records not otherwise maintained by the board of education.
(b) The board of education shall be authorized to charge a fee of up to $20.00 to provide certification to the department that an applicant has complied with the requirements of paragraphs (3) through (10) of subsection (b) of Code Section 40-5-26.
(c) The board of education may comply with the certification requirement of paragraph (2) of subsection (b) of Code Section 40-5-26 by executing the following form to include the name of the applicant, to wit: '_____ is enrolled in a public or private school and satisfies relevant attendance and academic requirements,' said form to be signed by a designated official of the board of education. The board of education shall have sole discretion to deter mine compliance with paragraph (2) of subsection (b) of Code Section 40-5-26.
(d) A local board of education or the governing body of a private school, as applicable, shall grant a waiver of the requirements of paragraphs (1) through (7) of subsection (b) of Code Section 40-5-26 for any minor under its jurisdiction for whom a personal or family hardship requires that such minor have a driver's license in order to provide for his or her personal or family employment or medical care needs. The local board of education or gov erning body of a private school, as applicable, shall take into consideration the recommen dations of the principal or other school official and guidance counselors or academic advisers prior to granting such a waiver."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

FRIDAY, FEBRUARY 25, 1994

1057

Senators Dean of the 31st and Newbill of the 56th offered the following amendment:
Amend the committee substitute to SB 168 by adding on page 5 line 18 after "$20.00" the following: "and shall" and delete "to" before the word "provide"
On the adoption of the amendment, the yeas were 42, nays 0, and the Dean and Newbill amendment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 41, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Edge Egan Gillis Glanton Gochenour Guhl Hemmer Hill Hooks Isakson Kemp Madden Marable McGuire

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

Those voting in the negative were Senators:

Brown of 26th Farrow Harbison

Huggins Langford of 29th Middleton

Oliver Slotin Walker

Those not voting were Senators:

Alien Henson

Langford of 35th Parrish

Robinson (presiding)

On the passage of the bill, the yeas were 42, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. Senator Boshears of the 6th moved that SB 168 be immediately transmitted to the House. On the motion, the yeas were 35, nays 0; the motion prevailed, and SB 168 was immedi ately transmitted. The following resolution of the Senate was put upon its adoption:
SR 563. By Senators Robinson of the 16th, Ray of the 19th and Scott of the 36th: A resolution relative to adjournment Friday, February 25, to Monday, February 28, 1994.
On the adoption of the resolution, the yeas were 44, nays 0, and the resolution was adopted.

1058

JOURNAL OF THE SENATE

The Calendar was resumed.

SR 464. By Senators Isakson of the 21st and Marable of the 52nd: A resolution creating the Senate Study Committee on Ombudsman Services.

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 Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dean Edge Egan Farrow Gillis

Glanton Gochenour Guhl Harbison Hemmer Henson Hooks Huggins Isakson Kemp Langford of 29th Madden Marable McGuire Middleton

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

Those not voting were Senators:

Alien Balfour Baugh Blitch

Day Hill . Langford of 35th Parrish

Perdue Robinson (presiding) Walker

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

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

The President resumed the Chair.

HB 1100. By Representatives Shipp of the 38th, Atkins of the 29th, Coker of the 31st and others:
A bill to amend Code Section 16-11-127.1 of the Official Code of Georgia Anno tated, relating to carrying weapons at school functions or on school property, so as to include bludgeon-type instruments within the definition of weapons.
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 Balfour

Baugh Boshears

Bowen Broun of 46th

FRIDAY, FEBRUARY 25, 1994

1059

Brown of 26th Burton Cheeks Clay Coleman C rotts Day DEdegaen Egan
Farrow Gillis
Glanton Gochenour Guhl

Harbison Hemmer Henson Hooks Muggins {sakson Kemp LMaandgdfeonrd of 29th Marable
McGuire Middleton
Newbill Oliver Perdue

Those not voting were Senators:

Alien Blitch

Hill Langford of 35th

Pollard Ragan of llth Ragan of 32nd Ralston pav Robinson & .. ,lotm. btarr Taylor Thomas Thompson Turner Tysinger
Parrish Walker

On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed.

HR 730. By Representative Murphy of the 18th: A resolution designating the Sergeant Ray McKibben Highway. 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 Balfour
Baugh Blitch Boshears
Bowen Broun of 46th Brown of 26th BChuerteokns C l ay Coleman Crotts Day Dean Edge Egan

Farrow Gillis
Glanton Gochenour Guhl
Harbison Henson Hm H.,ook. s Huggins Isakson KemP Langford of 29th Madden Marable McGuire

Middleton Newbill
Oliver Perdue Pollard
Ragan of llth Ragan of 32nd Ralgton RD ay Scott Slotin Starr Taylor Thompson Turner Tysinger

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JOURNAL OF THE SENATE

Those not voting were Senators:

Alien Hemmer Langford of 35th

Parrish Robinson

Thomas Walker

On the adoption of the resolution, the yeas were 49, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

HR 709. By Representatives Buckner of the 95th, Lee of the 94th, Bailey of the 93rd and Benefield of the 96th:
Senate Sponsor: Senator Starr of the 44th.

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the State of Georgia shall have full and complete authority to regulate alcoholic beverages in any manner permit ted under the Twenty-First Amendment to the United States Constitution; to provide that this regulatory power of the state may be exercised in certain cases by the adoption and enforcement of regulatory ordinances by the counties and municipalities of this state or may be exercised by general law; to provide for submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article III, Section VI of the Constitution is amended by adding at its end a new Paragraph VII to read as follows:
"Paragraph VII. Regulation of alcoholic beverages. The State of Georgia shall have full and complete authority to regulate alcoholic beverages and to regulate, restrict, or prohibit activities involving alcoholic beverages. This regulatory authority of the state shall include all such regulatory authority as is permitted to the states under the Twenty-First Amend ment to the United States Constitution. This regulatory authority of the state is specifically delegated to the counties and municipalities of the state for the purpose of regulating, re stricting, or prohibiting the exhibition of nudity, partial nudity, or depictions of nudity in connection with the sale or consumption of alcoholic beverages; and such delegated regula tory authority may be exercised by the adoption and enforcement of regulatory ordinances by the counties and municipalities of this state. A general law exercising such regulatory authority shall control over conflicting provisions of any local ordinance but shall not pre empt any local ordinance provisions not in direct conflict with general law."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

" [ ] YES [ ] NO

Shall the Constitution of the State of Georgia be amended so that alcoholic beverages and activities involving nudity and alcoholic beverages, such as in nude dance clubs, may be regulated, restricted, or prohibited by counties and municipalities and so that the state shall have full and complete au thority to regulate alcoholic beverages under the powers granted by the Twenty-First Amendment to the United States Constitution?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

FRIDAY, FEBRUARY 25, 1994

1061

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Farrow Gillis Glanton Gochenour Guhl Harbison Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable McGuire

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

Those not voting were Senators:

Alien Brown of 26th Hemmer

Langford of 35th Parrish Scott

Thomas Walker

On the adoption of the resolution, the yeas were 48, nays 0.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.

HR 861. By Representatives Twiggs of the 8th and Colwell of the 7th: A resolution authorizing the leasing of 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 Baugh Blitch Boshears Bowen Brown of 26th Burton Cheeks Clay

Coleman Crotts Day Dean Edge Egan Farrow Gillis Glanton Gochenour

Guhl Harbison Henson Hooks Isakson Kemp Langford of 29th Madden Marable McGuire

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JOURNAL OF THE SENATE

Middleton Newbill Oliver Pollard Ragan of llth Ragan of 32nd

Ralston Robinson Scott Slotin Starr

Those not voting were Senators:

Alien Broun of 46th Hemmer Hill

Muggins Langford of 35th Parrish

Thomas Thompson Turner Tysinger Walker
Perdue Ray Taylor

On the adoption of the resolution, the yeas were 46, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
Senator Ray of the 19th moved that, pursuant to SR 563, adopted previously, the Sen ate stand in recess until 5:00 P.M. today, and at that time stand adjourned until 10:00 A.M. on Monday, February 28, 1994; the President announced that the motion prevailed at 11:30 A.M.

MONDAY, FEBRUARY 28, 1994

1063

Senate Chamber, Atlanta, Georgia Monday, February 28, 1994 Thirty-first Legislative Day
The Senate met pursuant to adjournment at 10:00 A.M. today and was called to order by the President.
Senator Muggins of the 53rd reported that the Journal of Friday, February 25, 1994 proceedings had been read and found correct.
Senator Dean of the 31st moved that the Senate reconsider its action in passing the following bill of the Senate:
SB 688. By Senators Taylor of the 12th, Gillis of the 20th and Kemp of the 3rd: A bill to amend Code Section 27-3-8 of the Official Code of Georgia Annotated, relating to the unlawful enticement of game, so as to provide a penalty for cer tain such enticement.
On the motion, the yeas were 35, nays 0; the motion prevailed, and SB 688 was placed at the foot of the Rules Calendar for today.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1880. By Representatives Walker of the 141st, Watson of the 139th, Ray of the 128th and Floyd of the 138th: A bill to repeal an Act providing for a board of elections in each county in this state having a population of not less than 60,000 and not more than 65,000 ac cording to the United States decennial census of 1970 or any future such census (now not less than 88,000 and not more than 90,000 according to the United States decennial census of 1990 or any future such census).
HB 1899. By Representatives Johnson of the 84th and Carrell of the 87th: A bill to amend an Act to reincorporate and provide a new charter for the City of Loganville in the Counties of Walton and Gwinnett, so as to provide for four-year staggered terms of office for the mayor and members of the city council.
HB 1908. 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 change the corporate boundaries.
HB 1909. By Representatives Brooks of the 103rd, Yates of the 106th and Epps of the 131st: A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Coweta County.

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HB 1910. By Representative Brooks of the 103rd:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Heard County.
HB 1913. By Representatives Royal of the 164th, Bostick of the 165th and Carter of the 166th:
A bill to amend an Act relating to the board of education of Colquitt County, so as to provide for the addition of a seventh member of the board to be elected at large.
HB 1915. By Representatives Floyd of the 138th, Walker of the 141st, Hudson of the 156th and James of the 140th:
A bill to provide for a local salary supplement to the compensation, expenses, and allowances of the judges of the superior courts of the Cordele Judicial Circuit by the counties comprising such circuit.
HB 1919. By Representatives Smith of the 169th and Mosley of the 171st:
A bill to amend an Act providing for a new charter for the City of Blackshear, so as to revise certain provisions of said charter describing the City of Blackshear's powers regarding municipal utilities.
HB 1923. By Representative Porter of the 143rd:
A bill to amend an Act reconstituting the Board of Education of the City of Dublin, so as to provide that successors to members of the board of education whose terms of office are to expire shall be elected at the City of Dublin general election immediately preceding the expiration of such terms.
HB 1924. By Representatives Chandler of the 99th and Hembree of the 98th:
A bill to amend an Act creating the Board of Commissioners of Douglas County, so as to authorize a change in the location of commission meetings.
HB 1926. By Representative Scoggins of the 24th:
A bill to amend an Act creating a Board of Commissioners of Madison County, so as to provide three proposals relating to the composition of the Board of Com missioners of Madison County.
HB 1917. By Representatives Ladd of the 59th, Teper of the 61st, Randolph of the 72nd, Mobley of the 69th, Jones of the 71st and others:
A bill to provide a homestead exemption from certain DeKalb County ad valorem taxes for county purposes in an amount equal to a pro rata amount of the proceeds generated from the collection of certain local sales and use taxes for certain residents of that county.
HB 1705. By Representatives Purcell of the 147th, Benefield of the 96th, Reaves of the 178th, Royal of the 164th, Hanner of the 159th and others:
A bill to amend Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, so as to establish the Natural Disaster Relief Fund; to provide for authorized deductions from state income tax refunds by the Department of Revenue for transfer to such fund.

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HB 260. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Code Section 47-2-334 of the Official Code of Georgia Annotated, relating to members of the Employees' Retirement System of Georgia who first or again became members on or after July 1, 1982, so as to provide that such members shall receive creditable service for forfeited annual and sick leave.
HB 1623. By Representatives Culbreth of the 132nd, Williams of the 114th, Burkhalter of the 41st and Stanley of the 49th:
A bill to amend Chapter 14 of Title 33 of the Official Code of Georgia Annotated, relating to domestic stock and mutual insurers, so as to revise requirements for procedures relative to the conversion of a mutual insurer to a stock insurer; to provide for the continuation of corporate existence.
HB 913. By Representative Lane of the 55th:
A bill to amend an Act providing in Fulton County a system for pension and retirement pay to the teachers and employees of the Board of Education of Fulton County, so as to add a definition; to provide for period of service in order to qualify; to provide for the pension to be received; to provide for computation of benefits.
HB 1459. By Representatives Porter of the 143rd, Bostick of the 165th, Thomas of the 100th, Poston of the 3rd, Lawson of the 20th and others:
A bill to amend Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to municipal courts, so as to create the Council of Municipal Court Judges of Georgia.
HB 1274. By Representatives Coleman of the 142nd, Buck of the 135th, Walker of the 141st, Greene of the 158th and Parrish of the 144th:
A bill to amend Article 3 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, the "Georgia Fiscal Note Act," so as to change provisions relating to the requesting, preparation, and consideration of fiscal notes.
HB 1768. By Representatives Smith of the 175th, Coleman of the 80th, Canty of the 52nd, Godbee of the 145th and Hart of the 116th:
A bill to amend Code Section 20-2-152 of the Official Code of Georgia Annotated, relating to special education services, so as to change the eligibility criteria for state funded special education programs for the intellectually gifted.
HB 1906. By Representatives Connell of the 115th, Williams of the 114th, Brown of the 117th, Hart of the 116th, Padgett of the 119th and others:
A bill to amend Part 2 of Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Golf Hall of Fame, so as to change the provisions relating to the Georgia Golf Hall of Fame Board and the member ship thereof.
HB 1627. By Representatives Sinkfield of the 57th, McKinney of the 51st, Martin of the 47th and Taylor of the 134th:
A bill to amend Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insuring and indemnification of public officers and employees, so as to authorize the Department of Children and Youth Services to obtain liability in surance coverage through the state self-insurance program for vehicles operated by employees of nonprofit agencies contracting with the Department of Children and Youth Services.

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The House has adopted by the requisite constitutional majority the following resolu tions of the House and Senate:
HR 1012. By Representatives Bates of the 179th and Titus of the 180th:
A resolution authorizing the conveyance of certain state owned real property lo cated in Grady County.
HR 966. By Representatives Hegstrom of the 66th, Byrd of the 170th, Dobbs of the 92nd and Dixon of the 150th:
A resolution authorizing the conveyance of two acres of certain state owned real property located in Lumpkin County.
HR 1032. By Representatives Reichert of the 126th, Channell of the lllth, Walker of the 141st, Groover of the 125th, Connell of the 115th and others:
A resolution recognizing and designating Georgia's Antiques Trail.
SR 563. By Senators Robinson of the 16th, Ray of the 19th and Scott of the 36th: A resolution relative to adjournment.
The House has agreed to the Senate amendments, as amended by the House, to the following bills of the House:
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.
HB 1187. By Representatives Groover of the 125th and Walker of the 141st: A bill to amend Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to public authorities, so as to create the Georgia Sports Hall of Fame Authority.
The House has agreed to the Senate amendments to the following bills of the House:
HB 574. By Representatives Cauthorn of the 35th, Martin of the 47th, Hammond of the 32nd and Henson of the 65th: A bill to amend Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to the regulation of specialized land transactions, so as to provide for the governance of certain property owners' associations and developments; to provide a short title.
HB 1241. By Representatives Watson of the 139th, Walker of the 141st, Floyd of the 138th and Ray of the 128th: 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 to expend a portion of the taxes collected from levies on public accommodations charges for the purpose of supporting a museum of aviation.

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HB 1254. By Representatives Thomas of the 100th, Chambless of the 163rd and Cauthorn of the 35th:
A bill to amend Article 2 of Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to the state funded local indigent defense programs, so as to provide for indigent defense in all felony and misdemeanor cases in the superior, state, and magistrate courts.
HB 1277. By Representatives Ray of the 128th, Reaves of the 178th, Birdsong of the 123rd, Hudson of the 156th, Cox of the 160th and others:
A bill to amend Code Section 16-8-12 of the Official Code of Georgia Annotated, relating to punishment for criminal offenses involving theft, so as to change pro visions relating to punishment of offenses involving the theft of growing or other wise unharvested agricultural products.
HB 1321. By Representatives Cauthorn of the 35th, Barnes of the 33rd, Hammond of the 32nd, Groover of the 125th, Thomas of the 100th and others:
A bill to amend Code Section 9-11-28 of the Official Code of Georgia Annotated, relating to persons before whom depositions may be taken, so as to disallow waiver of disqualification of a court report for interest; to provide for disclosure; to amend Article 2 of Chapter 14 of Title 15 of the Official Code of Georgia Annotated, relating to training and certification of court reporters.
HB 1455. By Representatives Byrd of the 170th, Holmes of the 53rd, Birdsong of the 123rd, Parham of the 122nd, Reaves of the 178th and others:
A bill to amend Article 3 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to salary deductions for public officers and employees, so as to permit state government employees, on a voluntary basis, to make payroll de ductions to not-for-profit organizations providing tangible services and benefits to state government or state government employees.
HB 1497. By Representative Jamieson of the 22nd:
A bill to amend an Act incorporating the City of Toccoa, so as to deannex and exclude certain property from the corporate limits of said city.
HB 1505. By Representatives Lane of the 146th, Dobbs of the 92nd, Buck of the 135th, Watson of the 139th, Powell of the 23rd and others:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to revise definitions; to provide for con ditions which create rebuttable presumptions with regard to the causation of ac cidents and injuries or deaths.
The House has agreed to the Senate substitutes to the following bills of the House:
HB 1181. By Representatives Lane of the 55th, Polak of the 67th, Lakly of the 105th and Burkhalter of the 41st:
A bill to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to provide that all dogs and cats released for adoption by a public animal shelter shall be sterilized.
HB 1226. By Representatives Skipper of the 137th, Watson of the 139th, Chandler of the 99th and Dixon of the 150th:
A bill to amend Chapter 39A of Title 43 of the Official Code of Georgia Anno tated, relating to real estate appraisers, so as to authorize the Georgia Real Es tate Appraisers Board to issue certain temporary permits; to define a certain

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term; to provide a penalty for a real estate appraiser providing an oral appraisal report in certain transactions and related matters.
HB 1227. By Representatives Skipper of the 137th, Watson of the 139th, Chandler of the 99th and Dixon of the 150th:
A bill to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to provide that the real estate commissioner may designate persons to certify certain records; to provide that for purposes of certain licensure, the term "conviction" includes first of fender treatment and pleas of nolo contendere for certain offenses.
HB 1281. By Representative Randall of the 127th:
A bill to amend Article 3 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to costs and compensation in probate courts, so as to provide for certain additional costs for specific services; to amend Code Section 29-4-12 of the Official Code of Georgia Annotated, relating to appointed guardians, so as to change the provisions relating to the oaths of office of guardians.
HB 1420. By Representatives Walker of the 141st, Groover of the 125th, Bostick of the 165th and Murphy of the 18th:
A bill to amend Article 2 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to conveyances of property, so as to provide that remainders, whether vested or contingent, executory interests, and other expectant estates are alienable in the same manner as estates in possession and may be freely con veyed inter vivos.
The House has disagreed to the Senate substitute to the following bill of the House:
HB 1196. By Representatives Lee of the 94th, Buckner of the 95th, Bailey of the 93rd, Johnson of the 97th and Benefield of the 96th:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization and review and appeal of ad valorem tax assessments, so as to provide for conditions under which valuations estab lished on appeal can be changed for subsequent taxable years.
The following resolution of the Senate was introduced, read the first time and referred to committee:
SR 565. By Senators Thompson of the 33rd, Glanton of the 34th and Perdue of the 18th:
A resolution creating the Senate Postage Cost Reduction Study Committee. Referred to Committee on Rules.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 260. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Code Section 47-2-334 of the Official Code of Georgia Annotated, relating to members of the Employees' Retirement System of Georgia who first or again became members on or after July 1, 1982, so as to provide that such members shall receive creditable service for forfeited annual and sick leave. Referred to Committee on Retirement.

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HB 913. By Representative Lane of the 55th:
A bill to amend an Act providing in Fulton County a system for pension and retirement pay to the teachers and employees of the Board of Education of Fulton County, so as to add a definition; to provide for period of service in order to qualify; to provide for the pension to be received; to provide for computation of benefits.
Referred to Committee on Retirement.
HB 1274. By Representatives Coleman of the 142nd, Buck of the 135th, Walker of the 141st and others:
A bill to amend Article 3 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, the "Georgia Fiscal Note Act," so as to change provisions relating to the requesting, preparation, and consideration of fiscal notes.
Referred to Committee on Appropriations.
HB 1459. By Representatives Porter of the 143rd, Bostick of the 165th, Thomas of the 100th and others:
A bill to amend Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to municipal courts, so as to create the Council of Municipal Court Judges of Georgia.
Referred to Committee on Judiciary.
HB 1623. By Representatives Culbreth of the 132nd, Williams of the 114th, Burkhalter of the 41st and Stanley of the 49th:
A bill to amend Chapter 14 of Title 33 of the Official Code of Georgia Annotated, relating to domestic stock and mutual insurers, so as to revise requirements for procedures relative to the conversion of a mutual insurer to a stock insurer; to provide for the continuation of corporate existence.
Referred to Committee on Insurance and Labor.
HB 1627. By Representatives Sinkfield of the 57th, McKinney of the 51st, Martin of the 47th and Taylor of the 134th:
A bill to amend Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insuring and indemnification of public officers and employees, so as to authorize the Department of Children and Youth Services to obtain liability in surance coverage through the state self-insurance program for vehicles operated by employees of nonprofit agencies contracting with the Department of Children and Youth Services.
Referred to Committee on Youth, Aging and Human Ecology.
HB 1705. By Representatives Purcell of the 147th, Benefield of the 96th, Reaves of the 178th and others:
A bill to amend Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, so as to establish the Natural Disaster Relief Fund; to provide for authorized deductions from state income tax refunds by the Department of Revenue for transfer to such fund.
Referred to Committee on Public Safety.

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HB 1768. By Representatives Smith of the 175th, Coleman of the 80th, Canty of the 52nd and others: A bill to amend Code Section 20-2-152 of the Official Code of Georgia Annotated, relating to special education services, so as to change the eligibility criteria for state funded special education programs for the intellectually gifted.
Referred to Committee on Education.
HB 1906. By Representatives Connell of the 115th and Williams of the 114th: A bill to amend Part 2 of Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Golf Hall of Fame, so as to change the provisions relating to the Georgia Golf Hall of Fame Board and the member ship thereof.
Referred to Committee on Economic Development, Tourism and Cultural Affairs.
HB 1917. By Representatives Ladd of the 59th, Teper of the 61st, Randolph of the 72nd and others: A bill to provide a homestead exemption from certain DeKalb County ad valorem taxes for county purposes in an amount equal to a pro rata amount of the proceeds generated from the collection of certain local sales and use taxes for certain residents of that county.
Referred to Committee on Urban and County Affairs.
HR 966. By Representatives Hegstrom of the 66th, Byrd of the 170th, Dobbs of the 92nd and Dixon of the 150th: A resolution authorizing the conveyance of two acres of certain state owned real property located in Lumpkin County.
Referred to Committee on Finance and Public Utilities.
HR 1012. By Representatives Bates of the 179th and Titus of the 180th: A resolution authorizing the conveyance of certain state owned real property lo cated in Grady County.
Referred to Committee on Finance and Public Utilities.
HB 1880. By Representatives Walker of the 141st, Watson of the 139th, Ray of the 128th and Floyd of the 138th: A bill to repeal an Act providing for a board of elections in each county in this state having a population of not less than 60,000 and not more than 65,000 ac cording to the United States decennial census of 1970 or any future such census (now not less than 88,000 and not more than 90,000 according to the United States decennial census of 1990 or any future such census).
Referred to Committee on Urban and County Affairs (General).
HB 1899. By Representatives Johnson of the 84th and Carrell of the 87th: A bill to amend an Act to reincorporate and provide a new charter for the City of Loganville in the Counties of Walton and Gwinnett, so as to provide for four-year staggered terms of office for the mayor and members of the city council.
Referred to Committee on Urban and County Affairs.
HB 1908. 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 change the corporate boundaries.
Referred to Committee on Urban and County Affairs.

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HB 1909. By Representatives Brooks of the 103rd, Yates of the 106th and Epps of the 131st:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Coweta County. Referred to Committee on Urban and County Affairs.
HB 1910. By Representative Brooks of the 103rd:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Heard County. Referred to Committee on Urban and County Affairs.
HB 1913. By Representatives Royal of the 164th, Bostick of the 165th and Carter of the 166th: A bill to amend an Act relating to the board of education of Colquitt County, so as to provide for the addition of a seventh member of the board to be elected at large.
Referred to Committee on Urban and County Affairs.
HB 1915. By Representatives Floyd of the 138th, Walker of the 141st, Hudson of the 156th and James of the 140th: A bill to provide for a local salary supplement to the compensation, expenses, and allowances of the judges of the superior courts of the Cordele Judicial Circuit by the counties comprising such circuit.
Referred to Committee on Urban and County Affairs.
HB 1919. By Representatives Smith of the 169th and Mosley of the 171st: A bill to amend an Act providing for a new charter for the City of Blackshear, so as to revise certain provisions of said charter describing the City of Blackshear's powers regarding municipal utilities.
Referred to Committee on Urban and County Affairs.
HB 1923. By Representative Porter of the 143rd: A bill to amend an Act reconstituting the Board of Education of the City of Dublin, so as to provide that successors to members of the board of education whose terms of office are to expire shall be elected at the City of Dublin general election immediately preceding the expiration of such terms.
Referred to Committee on Urban and County Affairs.
HB 1924. By Representatives Chandler of the 99th and Hembree of the 98th: A bill to amend an Act creating the Board of Commissioners of Douglas County, so as to authorize a change in the location of commission meetings.
Referred to Committee on Urban and County Affairs.
HB 1926. By Representative Scoggins of the 24th: A bill to amend an Act creating a Board of Commissioners of Madison County, so as to provide three proposals relating to the composition of the Board of Com missioners of Madison County.
Referred to Committee on Urban and County Affairs.

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

Mr. President:

The Committee on Appropriations has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 591. Do pass by substitute. SB 661. Do pass by substitute.
Respectfully submitted,
Senator Hooks of the 14th District, Chairman

Mr. President:

The Committee on Corrections 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 561. Do pass.
Respectfully submitted,
Senator Hill of the 4th District, Vice Chairman

Mr. President:

The Committee on Education has had under consideration the following bill of the Sen ate and has instructed me to report the same back to the Senate with the following recommendation:
SB 436. Do pass by substitute.
Respectfully submitted,
Senator Hill of the 4th District, Chairman

Mr. President:

The Committee on Higher Education has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 710. Do pass. SB 711. Do pass.
Respectfully submitted,
Senator Perdue of the 18th District, Chairman

Mr. President:

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

SB 616. Do pass by substitute.

SB 706. Do pass.

SB 702. Do pass.

SB 707. Do pass.

SB 703. Do pass.

SB 708. Do pass.

SB 705. Do pass.

HB 1470. Do pass.

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HB 1732. HB 1817.

Do pass by substitute.

HB 1845. Do pass.

Do pass.

HB 1879. Do pass.

Respectfully submitted,

Senator Thompson of the 33rd District, Chairman

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

SB 437 SB 649 SB 668 SB 698 SR 522 SR 547 HB 879 HB 1318 HB 1541 HB 1693 HR 907

SB 637 SB 657 SB 669 SB 704 SR 536 SR 548 HB 1192 HB 1489 HB 1617 HB 1783

SB 645 SB 659 SB 680 SR 456 SR 546 HB 180 HB 1195 HB 1536 HB 1637 HR 796

Senator Edge of the 28th moved that Senator Balfour of the 9th be excused from the Senate today due to business out of town.
On the motion, the yeas were 37, nays 0; the motion prevailed, and Senator Balfour of the 9th was excused.
Senator Robinson of the 16th moved that Senator Langford of the 35th be excused from the Senate during the remainder of his hospitalization.
On the motion, the yeas were 43, nays 0; the motion prevailed, and Senator Langford was excused.
The President called for the morning roll call, and the following Senators answered to their names:

Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Day Dean Edge Egan Farrow Gillis

Glanton Gochenour Guhl Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable McGuire 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 answering were Senators:

Abernathy Alien

Balfour (excused) Langford of 35th (excused)

Perdue

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The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Middleton of the 50th introduced the chaplain of the day, Reverend Med Roach of Dahlonega, Georgia, who offered scripture reading and prayer.
The following resolutions were read and adopted:
SR 562. By Senator Newbill of the 56th: A resolution recognizing Thomas Carroll (T.C.) Newbill III.
SR 564. By Senator Baugh of the 25th: A resolution congratulating Judge Hugh Proctor Thompson.
SR 566. By Senator Burton of the 5th: A resolution commending Eugene Edgar Thomas.
HR 1032. By Representatives Reichert of the 126th, Channell of the lllth, Walker of the 141st and others: A resolution recognizing and designating Georgia's Antiques Trail.
Senator Cheeks of the 23rd introduced Evander Holyfield, commended by SR 477, adopted previously, who addressed the Senate briefly.
The following local uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Monday, February 28, 1994
THIRTY-FIRST LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
*SB 616 Thomas, 10th Glanton, 34th Starr, 44th CLAYTON COUNTY Creates the Clayton County Airport Authority; to declare the need for an airport authority; to declare the purposes and objectives of this Act; to define certain terms; to provide for the membership of the authority; to provide for the terms of office of the authority members; to provide for the election of officers, quorum, by-laws, procedures, and meetings; to provide for compensa tion of members; to provide for the filling of vacancies; to repeal conflicting laws. (SUBSTITUTE)
SB 702 Langford, 29th TROUP COUNTY Amends an Act creating State Court of Troup County, so as to provide that the judge of the state court shall be a full-time judge within the meaning of Code Section 15-7-20 of the O.C.G.A.; to change the provisions relating to the compensation of the judge; to provide an effective date; to repeal conflicting laws.

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SB 703 Starr, 44th CITY OF MORROW
Amends an Act to provide a homestead exemption from certain City of Mor row ad valorem taxes for city purposes, so as to increase the amount of home stead exemption from City of Morrow ad valorem taxes to $8,000.00; to pro vide for applicability; to provide for a referendum and automatic repeal; to repeal conflicting laws.
SB 705 Boshears, 6th APPLING COUNTY
Provides for the nonpartisan nomination and election of the chief magistrate of the Magistrate Court of Appling County; to provide for the requirements and procedures of the nonpartisan nomination and election; to provide for other matters relative to the foregoing; to provide for the authority for this Act; to repeal conflicting laws.
SB 706 Boshears, 6th APPLING COUNTY
Amends an Act changing the composition and method of election of the Board of Education of Appling County, so as to provide for the nonpartisan nomination and election of the members of such board; to repeal conflicting laws.
SB 707 Boshears, 6th APPLING COUNTY
Provides for the nonpartisan nomination and election of the judge of the Pro bate Court of Appling County; to provide for the requirements and proce dures of the nonpartisan nomination and election; to provide for other mat ters relative to the foregoing; to provide for the authority for this Act; to repeal conflicting laws.
SB 708 Harbison, 15th Robinson, 16th MUSCOGEE COUNTY
Amends an Act establishing the State Court of Muscogee County, so as to change the compensation of the judges of the court; to provide for related matters; to provide an effective date; to repeal conflicting laws.
HB 1470 Burton, 5th Thomas, 10th Tysinger, 41st Oliver, 42nd Parrish, 43rd Henson, 55th DEKALB COUNTY
Repeals an Act approved March 18, 1985, which continued in force and effect as part of the Constitution of the State of Georgia that constitutional amend ment duly ratified at the 1966 general election, authorizing the Board of Commissioners of DeKalb County to provide systems of garbage disposal, es tablish sanitation districts, and levy assessments on residents and businesses served.

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*HB 1732

Muggins, 53rd WALKER COUNTY
Amends an Act creating the State Court of Walker County, so as to change the provisions relative to the judge of said court and the compensation of said judge; to provide for a secretary for such judge. (SUBSTITUTE)

HB 1817 Gillis, 20th CITY OF EAST DUBLIN
Amends an Act providing a new charter for the City of East Dublin, so as to change the council districts for election of council members.

HB 1845 Ragan, llth CITY OF BLAKELY
Provides a new charter for the City of Blakely.

HB 1879 Crotts, 17th Guhl, 45th NEWTON COUNTY
Amends the Newton County Water and Sewerage Authority Act, so as to authorize the issuance of additional negotiable revenue bonds.

The substitutes to the following bills were put upon their adoption:

*SB 616:

The Senate Urban and County Affairs Committee offered the following substitute to SB 616:

A BILL

To be entitled an Act to create the Clayton County Airport Authority; to declare the need for an airport authority; to declare the purposes and objectives of this Act; to define certain terms; to provide for the membership of the authority; to provide for the terms of office of the authority members; to provide for the election of officers, quorum, bylaws, pro cedures, and meetings; to provide for compensation of members; to provide for the filling of vacancies; to provide for removal of members; to provide for the appointment and compen sation of an executive director, treasurer, and other administrative officers and employees of the authority; to provide that no member, officer, or employee of the authority shall have any financial dealings with the authority; to provide that any member, officer, or employee having financial dealings with the authority shall be subject to removal; to provide for the powers of such authority; to define the types of activity in which the authority is prohibited from engaging and otherwise to restrict the powers of the authority; to provide for the exe cution of contracts, leases, and other legal documents; to provide for the location of such authority; to provide for the issuance and validation of revenue bonds; to provide for the replacement of lost or mutilated bonds; to provide that such bonds may be secured by a trust indenture; to provide for additional powers relative to the issuance of revenue bonds and security for such bonds; to provide for the protection of interest of bondholders; to exempt the bonds and interest therefrom from taxation; to provide that such bonds may be used as lawful deposits of securities for public officers; to provide the form of revenue bonds; to provide the denominations, registration, and place of payment of revenue bonds; to pro vide for signatures and seal on revenue bonds; to provide for negotiability of revenue bonds; to provide for the sale and price of revenue bonds; to provide for the proceeds of revenue bonds; to provide for the interim receipts and certificates of temporary revenue bonds; to provide for the conditions precedent to issuance and the object of issuance of revenue bonds; to provide for credit not pledged in issuing revenue bonds; to provide to whom pro ceeds of revenue bonds shall be paid; to provide for a sinking fund for revenue bonds; to provide for the refunding of revenue bonds; to provide for the validation of revenue bonds; to provide that the property of the authority shall be deemed to be public property; to

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provide for the transfer of airports and related facilities from the county to the authority; to provide that conveyances and transfers shall be accomplished so as to protect interest of bondholders and others affected thereby; to provide that airports acquired by the authority shall be subject to the control of the authority; to provide that the powers of the authority shall be limited to airports; to provide that the funds of the authority shall be used only for airports; to provide for publication of financial data; to provide for fire and emergency medi cal protection; to provide for maintenance of roads, taxiways and runways; to provide for transfer of federal funds; to provide for immunity from liability; to provide for exemption from taxation; to provide for rights of personnel; to provide for dissolution; to provide for lease of certain lands; to provide for service of process; to provide for severability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Creation of authority. There is created the Clayton County Airport Author ity which is referred to in this Act as the "authority." The authority shall be an instrumen tality and political subdivision of the State of Georgia and a public corporation. The author ity may exercise, subject to approval of the governing authority of Clayton County, the powers set out in this Act with respect to any land located within Clayton County or land contiguous to Clayton County which is, in either case, owned by Clayton County or the authority and used for airport purposes as provided in this Act.
Section 2. Determination of need for the authority. The General Assembly determines and declares that there is a present and projected rapid grown in commercial and private air traffic in the Clayton County area. There is the need for adequate airports safely and effi ciently to serve the air transportation needs of this state and Clayton County through its metropolitan areas, the need to eliminate airport hazards, the need to raise large amounts of capital for the establishment, operation, and maintenance of present and future airports, and the need to coordinate the operation of various airports within certain metropolitan areas of the state. The General Assembly further determines and declares that the establish ment of an authority is necessary and essential to ensure the welfare, safety, and conve nience of citizens of the region and the entire state and to insure the proper economic devel opment of the region and the entire state.
Section 3. Declaration of purposes. The purposes and objectives of this Act and the authority created by this Act shall be to meet the needs and requirements recognized in Section 2 of this Act through the establishment, maintenance, and operation of a unified and coordinated airport system in the Clayton County area; to ensure the orderly and proper use and growth of the public airport; to ensure that the maximum public benefit is obtained from the public airport owned by Clayton County that is presently in existence and future airports; to ensure proper planning and establishment of airports needed in the future; to ensure the maximum participation of this region and state in national and inter national programs of air transportation; and to promote public transportation and com merce, all to the end of providing the most effective and economical use of public airports for the public welfare, safety, and convenience.
Section 4. Definitions. As used in this Act, unless the context in which they are used requires otherwise, the term:
(1) "Airport" means any area of land or structure within the authority's jurisdiction as set out in Section 1 of this Act, which is or has been used or which the authority may plan to use for the landing and taking off of commercial, private, and military aircraft, including helicopters; all buildings, equipment, facilities, or other property and improvements of any kind or nature located within the bounds of any such land area or structure which are or have been used or which the authority may plan to use for terminal facilities; all facilities of any type for the accommodation of passengers, maintenance, servicing, and operation of aircraft, business offices and facilities of private businesses and governmental agencies, and the parking of automobiles; and all other activities which are or have been carried on or which may be necessary or convenient in conjunction with the landing and taking off of commercial, private and military aircraft including all land originally acquired by Clayton

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County for the establishment of a county airport, any land to be deeded to Clayton County for airport use, including without limitation, aviation easements, and other real or personal property.
(2) "Airport hazard" means any structure, terrain, or object of natural growth which obstructs or impedes the airspace required for the flight, landing, or taking off of aircraft to or from an airport, or any other thing that is hazardous to the flight, landing, or taking off of aircraft to or from an airport.
(3) "County" means Clayton County, Georgia.
(4) "Revenue Bond Law" means the provision of Article 3 of Chapter 82 of Title 36 of the O.C.G.A., as now or hereafter amended.
Section 5. Members of the authority. The authority shall be composed of seven mem bers appointed by the governing authority of the county as provided in this Act. The au thority shall be composed of seven posts.
Section 6. Initial terms. The initial terms of the members of the authority appointed to Posts 1 and 2 shall end on December 31, 1994; the initial terms of those members appointed to Posts 3 and 4 shall end on December 31, 1995; the initial terms of those members ap pointed to Posts 5 and 6 shall end on December 31, 1996, and the initial term of the mem ber appointed to Post 7 shall end on December 31, 1997. Thereafter all appointed members shall be appointed for terms of four years each and until their successors are appointed.
Section 7. Election of officers, quorum, bylaws, procedures, and meetings. After the ap pointment of the initial members, the full membership of the authority shall meet as soon as practicable and shall elect one of its members as chairperson and one as vice-chairperson, each of whom shall continue as voting members in such positions for the succeeding year and until their successors are elected. Thereafter, a chairperson and vice-chairperson shall be elected in the same manner each year to serve for the succeeding year and until their successors are elected. The chairperson shall preside at meetings of the authority and the vice-chairperson shall preside in his or her absence, and they shall have such other powers, duties, and responsibilities as are set out elsewhere in this Act and in the bylaws of the authority. The authority shall also designate a secretary to keep the minutes and records of the authority. A majority of the members of the authority shall constitute a quorum. A majority of the quorum may exercise any and all powers of the authority. The authority shall, as soon as practicable, adopt its own bylaws, rules of procedure, and rules of conduct of its business. The authority shall meet at least once a month and at such other times as it may deem necessary.
Section 8. Compensation of members. The members shall receive no compensation but shall be reimbursed from the funds of the authority for reasonable and necessary expenses incurred in pursuing the business of the authority.
Section 9. Vacancies in authority. Should an appointed member vacate his or her office either by resignation, death, removal, or for any other reason, the governing authority of the county shall, as soon as practicable, appoint another member as a member of the authority to complete the term of the vacating member. Until such time as a new member is ap pointed, the total number of members of the authority for the purposes of determining a quorum shall not include the vacating member.
Section 10. Removal of members. Any member may be removed from office for good cause affecting his or her ability to perform his or her duties as a member, for misfeasance, malfeasance, or nonfeasance in office, or for violating the conflicts of interest provisions of this Act by vote of a majority of the governing authority of the county, but only after a public hearing at which such member is given the right to present evidence on his or her own behalf and only upon a finding by a majority of the governing authority of the county that good cause for removal affecting the member's ability to perform his or her duties as a member exists, that he or she was guilty of misfeasance, malfeasance, or nonfeasance in office, or that he or she violated the conflicts of interest provisions of this Act.

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Section 11. Executive director, treasurer, and other administrative officers and employ ees. The authority may, subject to approval by the governing authority of the county, ap point and fix the compensation of an executive director under such terms and conditions as it deems appropriate. The executive director shall be the chief executive and operating of ficer of the authority. He or she shall have had experience as a business executive, prefera bly in connection with the field of aviation. Under the supervision of the authority and the governing authority of the county, the executive director shall be responsible for the opera tion, management and promotion of all activities with which the authority is charged under this Act, together with such other duties as may be prescribed by the authority, and he or she shall have such powers as are necessarily incident to the performance of his or her du ties and such other powers as may be granted by the authority and the governing authority of the county. Additionally, the authority may, subject to approval by the governing author ity of the county, in a like manner appoint and fix the compensation of a treasurer who shall have custody of all moneys, funds, notes, bonds, and other securities as the authority may prescribe. The authority may also, subject to approval by the governing authority of the county, authorize and employ such other administrative officers and employees under such terms and conditions as the authority shall consider necessary and appropriate to effectuate its purposes under this Act.
Section 12. Conflicts of interest. No member, officer, or employee of the authority shall have a financial interest, direct or indirect, in any contract with the authority or be finan cially interested, directly or indirectly, in the sale to the authority of any lands, material, supplies, or services, except on behalf of the authority as a member, officer, or employee. Any violation of the provisions of this section by a member of this authority shall be grounds for removal pursuant to Section 10 of this Act. Any violation of the provisions of this section by the executive director, any officer, or any employee of the authority shall be grounds for removal by the authority.
Section 13. Powers of the authority. The authority shall possess, subject to approval by the governing authority of the county and those conditions and limitations set out elsewhere in this Act, all the powers necessary or convenient for it to accomplish the purposes of this Act, including the following specific powers, which shall not be construed as a limitation upon the general or other specific powers conferred in this Act:
(1) To adopt a seal to be used for the authentication of legal documents, obligations, contracts, and other instruments and to alter same at the pleasure of the authority;
(2) To acquire by purchase, lease, gift or otherwise and to hold, lease, sell, use, and dispose of real and personal property of every kind and character or any interest therein;
(3) To request the county to exercise the power of eminent domain to acquire any pri vate real property or any rights or interests therein including any easements, as necessary or convenient for the accomplishment of the purposes of this Act, including the elimination of airport hazards, in accordance with the provisions of any and all existing laws applicable to the exercise of such power including, without limitation, the authority provided for in Code Section 6-3-22 of the O.C.G.A. The authority shall pay for any property condemned under this power from funds of the authority and in proceedings to condemn pursuant to this section. The court having jurisdiction of the suit, action, or proceedings may enter such orders regarding the payment for such property or interest therein as may be fair and just to the county, the authority, and to the owners of the property being condemned. Any such procedure shall suggest the method of payment to persons who own or have an interest in the property acquired by the authority;
(4) To appoint, select, and contract for the services of engineers, architects, building contractors, accountants, and other fiscal agents, attorneys, and such other persons, firms, or corporations as are necessary to accomplish the purposes of this Act for such fees or com pensation and under such terms and conditions as it deems appropriate;
(5) To plan, acquire, establish, develop, construct, enlarge, improve, maintain, equip,

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and lease all airports which shall come under the control of the authority under the provi sions of this Act or which it may acquire or plan to acquire; to regulate, protect, and police such airports and all related activities and facilities; to enter into any contracts, leases, or other agreements, promulgate any orders, set any tolls, fees, or other charges for the use of property or services of the authority and collect and use same as necessary to operate the airports under control of the authority; and to accomplish any purposes of this Act and make any purchases or sales necessary for such purposes;
(6) To contract with any persons, firms, or public or private corporations to supply goods, commodities, facilities, and services to the public, employees of the authority, and employees of air carriers and other commercial interests located at any airport under the control of the authority under such terms and conditions as it may prescribe including the power to grant exclusive rights, franchises, or concessions;
(7) To adopt and enforce reasonable rules and regulations for the orderly, safe, efficient, and sanitary operation of airports and related facilities under the control of the authority, to provide its own security force and peace officers with powers of arrest or to arrange for such security force or peace officers in connection with any municipality or county, and to pre scribe reasonable penalties for the breach of any rule or regulation. All such rules, regula tions, or orders shall become effective upon approval of the authority and after publication of a notice containing a substantive statement of the rule or regulation and the penalty for violation thereof in a newspaper of general circulation of the county in which rules and regulations are to be applied. The notice shall state that the breach of the rule or regulation will subject the violator to the penalty and shall state that the full text of all rules and regulations shall be maintained in the principal office of the authority where such text will be open to public inspection and perusal. All rules and regulations shall in fact be so main tained. Said rules and regulations, when promulgated as provided under this Act shall be judicially recognized by and enforceable in the court of any municipality or the county in which airports under the control of the authority are located and having jurisdiction over the place where any violation occurs;
(8) To provide fire protection and crash and rescue services or to arrange for such ser vices in connection with any federal, state, municipal, or county agency or any private firm in the business of providing such services;
(9) To make application directly or indirectly to any federal, state, county, or municipal government or agency or to any other source, public or private, for loans, grants, guarantees, or other financial assistance in aid of airports under the control of the authority and to accept and use such loans, grants, guarantees, or other financial assistance upon such terms and conditions as are prescribed by the federal, state, county, or municipal government or agency or other source;
(10) To adopt, administer, and enforce airport zoning regulations for any airport subject to the control of the authority, in accordance with an Act known as the "Airport Zoning Act," approved January 31, 1946 (Ga. L. 1946, p. 12), as amended. The authority is hereby deemed and declared to be a political subdivision within the meaning of said Act, and shall have every power of a political subdivision under said Act with regard to the airports under its control just as if such authority were a county or municipality owning an airport located wholly or partially outside the corporate limits of such county or municipality;
(11) To enter into agreements with the state, any state agency, county, municipality, or the federal government or any agency thereof to use in the performance of the functions of the authority, any facilities or services of the state or such agency, county, municipality, or the federal government or any agency thereof in order to accomplish the purposes as set forth in this Act;
(12) To borrow money to accomplish any purposes and execute evidences of indebted ness therefor and secure such indebtedness in such manner as the authority may provide by resolution authorizing such indebtedness to be incurred; provided, however, that the author ity shall not pledge for the payment of such indebtedness revenue pledged for the payment

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of any other indebtedness then outstanding or incumber property in violation of the terms of any existing contract, agreement, or trust indenture securing existing indebtedness;
(13) To issue negotiable bonds, including revenue and refunding bonds, under such terms and conditions as it deems appropriate and to provide for the payment of same and for the rights of the holders therefor;
(14) To enter into any financial arrangements whatsoever necessary to accomplish the purposes of this Act not prohibited by this Act or by the Constitution of the State of Georgia;
(15) To sell, lease, or otherwise dispose of surplus personal property, and to sell, lease, or otherwise dispose of land and any improvements thereon acquired by the authority pur suant to law which the authority may determine is no longer required to accomplish the purposes of this Act, including property which is suitable for industrial development. Any such property may be sold, leased or otherwise disposed of upon such terms and conditions as may be provided by resolution of the authority. The proceeds of any such sale may be used by the authority to accomplish any of the purposes of this Act;
(16) To determine what usage may be made of airports subject to the control of the authority, including the power to determine what classes of aircraft may use particular air ports in order to derive the maximum public benefit from all airports;
(17) To exercise each and every power that any municipality or any county could exer cise, under laws existing at the time this Act becomes law, over airports owned or operated by any municipality or any county which subsequently comes under the control of the au thority under the provisions of this Act just as if the authority were the municipality or the county that previously owned or operated such airport and with regard to any future airport or airports not existing at the time this Act becomes law, the authority may exercise each and every power that the municipality or county could have exercised under this Act had the authority acquired the ownership or operation of any such airport or airports just as if the authority were the municipality or county;
(18) To enter into contracts, leases or other agreements with federally certificated air carriers, other commercial air carriers, and other commercial users of the authority's air ports, for the use of such airports under such terms and conditions as the authority deems appropriate and for such charges, rentals, and fees as the authority deems appropriate under the circumstances;
(19) To enter into such agreement with any municipality or county presently operating airports of which the authority may subsequently assume control with respect to the man ner of transfer of airport employees from any municipality or any county to the authority as the authority deems necessary and appropriate under the circumstances;
(20) To establish a plan of civil service for officers and employees of the authority or to provide by resolution that such officers and employees of the authority shall be covered under any state, county, or municipal civil service plan which is available to such employees under the laws of this state or any county or municipality; and
(21) To establish a plan for retirement, disability, hospitalization, and death benefits for officers and employees of the authority or to provide by resolution that such officers and employees shall be covered under any state, county, or municipal plan available to them under the laws of this state or any county or municipality.
Section 14. Execution of contracts, leases, obligations, agreements, or other legal instru ments. Any and all contracts, leases, obligations, agreements, or other legal instruments of the authority shall be approved by resolution of the authority and shall be executed by those individuals designated in such resolution, and in the absence of such designation, by the chairperson or vice-chairperson. Nothing in this provision shall prohibit general resolu tions authorizing the executive director or other officers, agents, or employees to execute such contracts, leases, obligations, agreements, or other legal instruments as the authority

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may prescribe; provided, however, that all such contracts, leases, obligations, agreements, or other legal instruments shall be approved by the governing authority of the county.
Section 15. Revenue bonds, Revenue Bond Law applicable. The authority shall have the power and is authorized, at one time or from time to time as it deems necessary to accomplish the purpose of this Act, to issue revenue bonds pursuant to the Revenue Bond Law, subject to approval by the governing authority of the county. The authority is deter mined to be a municipality within the meaning of that law and is authorized to utilize any and all procedures set out in this Act, and to exercise any and all powers of a municipality under such law. The members of the authority shall constitute the governing body as that term is used in such law. Except as otherwise provided in this Act, nothing in this section shall be construed so as to limit the power of the authority to issue any bonds authorized pursuant to paragraph (13) of Section 13 of this Act, except as provided in such law.
Section 16. Validation of revenue bonds, location of authority. For purposes of valida tion of bonds under the Revenue Bond Law, the authority shall be considered to be located in Clayton County.
Section 17. Replacement of lost or mutilated bonds. The authority may provide for the replacement of any bonds issued by the authority which have been mutilated or destroyed.
Section 18. Bonds; trust indenture as security. In the discretion of the authority, sub ject to approval by the governing authority of the county, any issue of bonds pursuant to this Act may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside the state. Such trust indenture may pledge or assign fees, tolls, revenues, and earnings to be received by the authority, including the proceeds derived from the sale from time to time of any surplus property of the authority, either real or personal. The resolution providing for the issuance of such bonds or the trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property; the construction of air ports, the maintenance, operation, repair, and insurance of property; and the custody, safe guarding, and application of all moneys of the authority. Such resolution or trust indenture may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects satisfactory to the trustee or to the bond holders, and may also require that the security given by any contracts and by any deposi tory of the proceeds of the bonds or revenues or other moneys shall be satisfactory to such trustee or bondholders, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depository and to furnish such security as may be required by the authority. Such resolution or trust indenture may set forth rights and remedies of the bondholders and of the trustees, and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such resolution or trust inden ture may contain such other provisions as the authority may deem reasonable, proper and appropriate for the security of the bondholders. All expenses incurred in connection with any trust indenture or such resolution made in accordance therewith may be treated as operating expenses of the authority.
Section 19. Revenue bonds; additional powers as to security. In addition to other pow ers granted in this Act as to the issuance of revenue bonds and security for such bond, and subject to approval of the governing authority of the county and those conditions and limi tations set out elsewhere in this Act, the authority shall have the power to enter into any financial and contractual arrangements with users of airports under the control of the au thority, including commercial air carriers which are deemed appropriate by the authority in order to provide security to bondholders, and for such purposes, the authority may also enter into joint agreements, arrangements, or trust indentures with such users and trustee or trustees under any trust indenture authorized under Section 18 of this Act in order that

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funds may be procured to accomplish the purposes of this Act at the least possible cost to the authority.
Section 20. Revenue bonds; interest of bondholders protected. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of the authority or of officers, employees, or agents of the authority shall not be diminished or impaired in any manner that will adversely affect the interest and rights of the holders of such bonds, and no other entity, department, agency, or authority shall be created which competes with the authority to such an extent as to adversely affect the interest and rights of the holders of such bonds.
Section 21. Revenue bonds; exemption from taxation. All revenue bonds issued under the provisions of this Act are declared to be issued for an essential public and governmental purpose and said bonds and the income therefrom shall be exempt from all taxation within the state.
Section 22. Revenue bonds as legal investments for trustees and as lawful deposits of securities with public officers. Any bonds issued by the authority under the provisions of this Act shall be deemed securities in which all public officers and bodies of this state, mu nicipalities, and municipal subdivisions; insurance companies, associations, and other per sons carrying on an insurance business; banks, bankers, trust companies, savings banks and associations, investment companies, and other persons carrying on a banking business; ad ministrators, guardians, executors, trustees, and other fiduciaries; and all other persons whomsoever who are now or may hereafter be authorized to invest in bonds or other obliga tions of the state may properly and legally invest funds including capital in their control or belonging to them. The bonds are also deemed securities which may be deposited with and shall be received by all public officers and bodies of this state, municipalities, and municipal subdivisions for any purpose for which the deposit of the bonds or other obligations of this state is now or may hereafter be authorized.
Section 23. Revenue bonds; form; denominations; registration; place of payment. The authority shall, subject to approval by the governing authority of the county, determine the form of the bonds and the place or places of payment of principal and shall fix the denomi nation or denominations of the bonds and the place or places of payment of principal and interest which may be at a bank or trust company within or without the state. The bonds may be issued in coupon or registered form, or both, as the authority may determine and provision may be made for the registration of any coupon bond as to principal and also as to both the principal and interest.
Section 24. Revenue bonds; signatures; seal. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he or she had remained in office until such delivery. All such bonds shall be signed by the chairperson of the authority and attested by the secretary-treasurer of the authority and the official seal of the authority shall be affixed thereto and any coupons attached thereto shall bear the facsimile signatures of the chairper son and secretary-treasurer of the authority. Any bond may be signed, sealed, and attested on behalf of the authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of delivery and payment of such bonds such persons may not have been so authorized or shall not have held such office.
Section 25. Revenue bonds; negotiability. All revenue bonds issued under the provi sions of this Act shall have and are declared to have all the qualities and incidents of negoti able instruments under the negotiable instrument law of the state.
Section 26. Revenue bonds; sale; price. The authority may sell, subject to approval by the governing authority of the county, such bonds in such manner and for such price as the authority may determine to be for the best interest of the authority; but no such sale shall

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be made at a price less than such price as provided in the Revenue Bond Law, unless such article is amended to permit the sale of such bonds at less than par.
Section 27. Revenue bonds; proceeds of bonds. The proceeds of revenue bonds issued pursuant to this Act shall be used solely for the payment of the cost of the project or projects, and unless otherwise provided in the resolution authorizing the issuance of bonds in the trust indenture, additional bonds may in like manner be issued to provide the amount of any deficit for the cost of the project or projects, which unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture shall be deemed to be of the same issue and shall be entitled to payment from the same fund without prefer ence or priority of the bonds first issued for the same purposes. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into a sinking fund or used for additional construction as may be provided in the resolution authorizing the issuance of the bonds or in the trust indenture.
Section 28. Revenue bonds; interim receipts and certificates of temporary bonds. Prior to the preparation of definitive bonds, the authority may, under like restrictions, issue in terim receipts, interim certificates, or temporary revenue bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter.
Section 29. Revenue bonds; conditions precedent to issuance; object of issuance. Such revenue bonds may, subject to approval by the governing authority of the county, be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things which are specified or required by this Act. In the dis cretion of the authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution, providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon passage and need not be published or posted, and any such resolution may be passed at any regular, special, or ad journed meeting of the authority by a majority of the quorum as provided in this Act.
Section 30. Revenue bonds; credit not pledged. Revenue bonds issued under the provi sions of this Act shall be payable from the fund provided for in this Act and, unless other wise authorized and approved by the governing authority of the county, the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the county or any mu nicipality therein to levy or to pledge any form of taxation whatever therefor or to make any appropriation for the payment, and all such bonds shall contain recitals on their face cover ing substantially the foregoing provisions of this section.
Section 31. Revenue bonds; to whom proceeds of bonds shall be paid. The authority shall, in the resolution providing for the issuance of revenue bonds or in trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purpose of this Act, subject to such regulations as this Act and such resolutions or trust indenture may provide.
Section 32. Revenue bonds; sinking fund. The revenues, fees, tolls, and earnings de rived from any particular project or projects, regardless of whether or not such fees, earn ings, and revenues were produced by a particular project for which bonds have been issued and any moneys derived from the sale of any properties, both real and personal of the au thority, unless otherwise pledged and allocated, may be pledged and allocated by the au thority to the payment of the principal and interest on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or the trust instrument may provide, and such funds so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture into a sinking fund which said sinking fund shall be pledged to and charged with the payments of:
(1) The interest upon such revenue bonds as such interest shall fall due;
(2) The principal of the bonds as such principal shall fall due;

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(3) The necessary charges of paying an agent or agents for paying interest and princi pal; and
(4) Any premium upon bonds retired by call or purchase as provided in this Act.
The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issu ance of the bonds or in the trust indenture surplus moneys in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or re deemed shall forthwith be cancelled and shall not again be issued.
Section 33. Revenue bonds; refunding bonds. The authority is authorized, subject to approval by the governing authority of the county, to provide by resolution for the issuance of revenue bonds of the authority for the purpose of refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities, and all other details thereof, the rights of the holders thereof, and the duties of the authority in respect to the same, shall be governed by the provisions of this Act insofar as the same may be applicable.
Section 34. Revenue bonds; validation. Bonds of the authority shall be confirmed and validated in accordance with the procedures of the Revenue Bond Law. The petition for validation shall also make party as a defendant to such action any municipality, county, authority, subdivision, or instrumentality of this state or the federal government or any department or agency of the federal government, if subject to be sued, which has contracted with the authority for the services and facilities of the project for which bonds are to be issued and sought to be validated and such municipality, county, authority, subdivision, or instrumentality, shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as security for the payment of any such bonds of the authority. The bonds when validated, and the judg ment of validation shall be final and conclusive with respect to such bonds, against the authority issuing the same, and any municipality, county, authority, subdivision, or instru mentality of the federal government if a party to the validation proceedings, contracting with the authority.
Section 35. Property of authority deemed to be public property. It is declared that all property of the authority held pursuant to the terms of this Act, whether real or personal, tangible or intangible, and of any kind or nature, and any income or revenue therefrom is held for an essential public and governmental purpose and all such property is deemed to be public property.
Section 36. Transfer of airport and related facilities to authority; public necessity. The authority shall by resolution, at such times as shall be deemed appropriate, determine what public airports within its jurisdiction as set out in Section 1 of this Act are necessary to accomplish the purposes of this Act, and shall inform the governing authority of Clayton County of such determination and request that the governing authority convey by deed all of the right and interest in real property and any other property making up such airports owned by Clayton County to the authority for a proper consideration within such time as the authority may prescribe, subject to the provisions of Section 38 of this Act. It is declared that the conveyance of such property is necessary and essential in order to accomplish the purposes of this Act so as to secure the public welfare, safety, and convenience.
Section 37. Transfer of contracts to authority. Upon conveyance of any airport to the authority pursuant to Section 36 of this Act, all contracts, commitments, leases, and other obligations of Clayton County with respect to such airport shall be transferred to the au thority, and the authority shall stand in the place of Clayton County for the purposes of

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such contracts, commitments, leases, or other obligations, subject to the provisions of Sec tion 38 of this Act.
Section 38. Conveyances and transfers pursuant to Sections 36 and 37 of this Act to be accomplished so as to protect interests of bondholders and others affected thereby. The conveyance of an airport and related facilities by Clayton County to the authority pursuant to Section 36 of this Act, and the transfer of contracts, commitments, leases, and any other obligations to the authority from Clayton County pursuant to Section 37 of this Act shall be accomplished under such terms and conditions as may be necessary to protect the interest of bondholders of Clayton County affected by such conveyances and transfers and other parties affected thereby. Transfers may be conditioned so as to protect such interests, and the authority and Clayton County may enter into any agreements with each other or other parties necessary to protect such interests.
Section 39. Airport subject to control of authority. Any airport acquired by the author ity pursuant to this Act or acquired by the authority in any legal manner, and any other property held by the authority, shall be under the control of the authority, and the author ity shall have the right to exercise any and all of the powers set out in this Act in regard thereto.
Section 40. Powers of authority limited to airports. All of the powers, general and spe cific, granted to the authority pursuant to this Act shall be exercised only in regard to air ports and are subject to approval of the governing authority of the county. The authority shall not have the power to plan, construct, finance, operate, or maintain any facilities other than airports and related facilities; provided, however, that nothing in this section shall be construed to prohibit the authority from cooperating with other federal, state, county, or municipal governmental agencies or public corporations in order to coordinate other types of facilities with airports under the control of the authority or purchasing, selling, exchang ing, or otherwise acquiring any property from or with such agencies or corporations.
Section 41. Funds of authority to be used only for airports. The funds of the authority, from whatever source, shall be used only in support of airports as defined in this Act, but nothing in this section shall prohibit the authority from making, subject to approval by the governing authority of the county, any and all expenditures of any kind or nature necessary to support such airports under the control of the authority.
Section 42. Publication of financial report and budget. The authority shall, at least an nually, publish in the legal newspaper of Clayton County a statement of sources and ex penditures of funds for the previous year and the proposed budget for the following year.
Section 43. Fire and emergency medical protection. The governing authority of Clayton County may continue to provide fire and emergency medical protection for the authority at Clayton County Airport -- Tara Field.
Section 44. Maintenance of roads, taxiways, and runways. The county shall continue to maintain the roads, taxiways, and runways of the authority at no cost to the authority. Such roads, taxiways, and runways shall be maintained accordingly to meet minimum standards as set forth by the Federal Aviation Administration, this state, and the county.
Section 45. Funds due from the federal aviation administration. All funds currently due from the Federal Aviation Administration to the county, unless otherwise committed or en cumbered by agreement, shall be assigned to the authority as initial operating and construc tion capital.
Section 46. Immunity from liability. The authority shall have the same immunity and exemption from liability from torts and negligence as the state, the county, and members, officers, agents, and employees of the authority who in performance of the work of the au thority shall have the same immunity and exemption from liability from torts and negli gence as the officers, agents, and employees of the state and the county when in perform ance of their public duties or work of the state or the county.
Section 47. Taxation of the authority. The property, obligations, and interest on the

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obligations of the authority shall have the same exemption from taxation as the property, obligations, and interest on the obligations of the county. The exemption from taxation pro vided in this Act shall not extend to tenants or lessees of the authority.
Section 48. Rights of personnel. All rights, credits, and funds in any retirement system of the county which are possessed by any personnel of the authority at the time of employ ment by the authority shall be continued, subject to approval of the governing authority of the county, and it is the intent of this Act that any such employees and personnel shall not lose rights, credits, or funds to which they were entitled prior to being employed by the authority.
Section 49. Dissolution of authority. In the event of dissolution of the authority, all property, real and personal, tangible and intangible, shall revert to and be the property of the county, subject to all rights and encumbrances thereon; provided that the county, by acceptance thereof, shall fulfill all obligations of the authority.
Section 50. Principal office of authority; service of process. The principal office of the authority shall be in Clayton County. Service of process on the authority may be effectuated upon the executive director or other officers of the authority as in the case of private corpo rations incorporated or domesticated under the laws of this state.
Section 51. Severability; should any portion of this Act be held invalid. The terms and provisions of this Act are severable. Should any section, subdivision, sentence, clause, or phrase of this Act, or the application thereof to any person or circumstances for any reason be held by a court of competent jurisdiction to be invalid or void, the validity of the remain der of this Act or the application of such provision to other persons or circumstances shall not be affected thereby to the extent that any remaining portion of the Act may reasonably be given effect without the invalid or void portion.
Section 52. Cumulative with nonconflicting existing laws. This Act shall not be con strued so as to repeal any laws or parts thereof not directly in conflict with this Act, and the provisions of this Act shall be cumulative with existing laws on the subject or existing laws which authorize the doing of things authorized by this Act unless they are in direct conflict with this Act.
Section 53. General repealer. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 47, nays 0, and the substitute was adopted.
*HB 1732:
The Senate Urban and County Affairs Committee offered the following substitute to HB 1732:
A BILL
To be entitled an Act to amend an Act creating the State Court of Walker County, approved March 5, 1957 (Ga. L. 1957, p. 2561), as amended, particularly by an Act approved March 20, 1986 (Ga. L. 1986, p. 4144), and particularly by an Act approved March 31, 1987 (Ga. L. 1987, p. 5111), so as to change the provisions relative to the judge of said court and the compensation of said judge; to provide for a secretary for such judge; to provide for such secretary's 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. An Act creating the State Court of Walker County, approved March 5, 1957 (Ga. L. 1957, p. 2561), as amended, particularly by an Act approved March 20, 1986 (Ga. L. 1986, p. 4144), and particularly by an Act approved March 31, 1987 (Ga. L. 1987, p. 5111), is amended by striking Section 3 in its entirety and substituting in lieu thereof a new Section 3 to read as follows:
"Section 3. (a) There shall be a full-time judge of the State Court of Walker County

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who shall be elected for a four-year term as provided by Code Section 15-7-20 of the O.C.G.A. In the event a vacancy occurs in the office of said judge for any reason, such va cancy shall be filled as provided in Code Section 15-7-23 of the O.C.G.A.
(b) The judge of said state court shall receive a salary of $60,000.00 per annum. Such salary shall be paid in equal monthly installments from the funds of Walker County.
(c) In addition to the secretary appointed by the solicitor pursuant to Section 10.1 of this Act, the judge shall have the authority to appoint a secretary who shall serve at the pleasure of the judge and shall perform such duties as may be prescribed by the judge. Such secretary shall be compensated from the funds of Walker County in the amount of $15,500.00 per year, payable in equal monthly installments."
Section 2. This Act shall become effective on May 1, 1994.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 47, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.
On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Baugh Blitch Boshears Brown of 26th Cheeks C'f CCorolettms an
Day Dean Edge Egan Farrow Gillis Gochenour

Guhl Harbison Hemmer Henson Hill Hooks juggins IKseamkspon
Langford of 29th Madden Marable McGuire Middleton Newbill Oliver

Parrish Pollard Ragan of llth Ragan of 32nd Ralston R Robinson 0Sco.t.t
blotln Starr Taylor Thomas Thompson Turner Walker

Those not voting were Senators:

Abernathy Balfour (excused) Bowen

Broun of 46th Burton Glanton

Langford of 35th (excused) Perdue Tysinger

On the passage of all the local bills, the yeas were 47, nays 0.
All the bills on the Senate Local Consent Calendar, except SB 616 and HB 1732, having received the requisite constitutional majority, were passed.
SB 616 and HB 1732, having received the requisite constitutional majority, were passed by substitute.

MONDAY, FEBRUARY 28, 1994

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SENATE RULES CALENDAR
Monday, February 28, 1994
THIRTY-FIRST LEGISLATIVE DAY
SB 552 Welfare Recipient in Nursing Home--personal needs allowance (H&HS--25th)
SB 694 Corporate Finance--issuance of preferred stock (I&L--24th)
SR 517 Congress--call convention for provisions on imposing federal tax (Substitute) (F&PU--28th)
SB 642 Professional Counselors, Marriage Therapists--licensing (Substitute) (H&HS--47th)
SB 648 Family Caregiver Support Act--enact (YA&HE--33rd)
SB 696 Retail Installment Contract--application of payments (B&FI--1st)
SB 651 Remedies for Residents of Personal Care Homes Act--provide (Amendment) (YA&HE--54th)
SB 673 Health Care Provider Act of 1994--provide (Substitute) (H&HS--54th)
SR 531 CA: Contracts Among Health Care Providers--General Assembly authorize (H&HS--54th)
SB 526 Education--criminal record checks of new certificated personnel (Substitute) (Ed--23rd)
SB 513 Education--uniform grading system (Substitute) (Ed--17th)
SB 608 Land-Disturbing Activity--property owner obtain permit (Substitute) (Nat R--49th)
SB 438 Jury Lists--method, sources of compilation (Substitute) (S Judy--17th)
HB 674 Certain Property Owned by Hospital Authority--ad valorem taxation (Substi tute) (F&PU--16th) Groover--125th
HB 1000 Driver's License Suspension--additional drug related crimes (S Judy--1st) Benefield--96th
HB 1209 Carrying Weapon at School Function--appellate judges (Pub Saf--54th) Dobbs--92nd
HB 1382 Game and Fish--fishing licenses, certain private ponds (Nat R--20th) Hud son--156th
HB 1217 Controlled Substances--change listing (H&HS--47th) Parham--122nd
Respectfully submitted,
/s/ Scott of the 36th, Chairman Senate Rules Committee
The following general bills were read the third time and put upon their passage:
SB 552. By Senator Baugh of the 25th:
A bill to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," so as to require a min imum personal needs allowance for recipients of medical assistance who are resi dents of long-term care facilities.

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

DEPARTMENT OF AUDITS 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400
February 24, 1994
The Honorable Charles W. Walker, Chairman Senate Health and Human Services Committee Legislative Office Building, Room 325B Atlanta, Georgia 30334
SUBJECT: Fiscal Note Senate Bill 552 (LC 11 8204) Medical Assistance Recipients: Increase Personal Needs Allowance
Dear Chairman Walker:
This bill would increase the personal needs allowance for recipients of medical assis tance who are residents of long-term care facilities from the current allowance of $30 per month to $50 per month.
This bill is estimated to result in an increase in total expenditures of approximately $8 million, which is partially offset by federal participation in program costs. The increase in state expenditures is approximately $3 million. This assumes that the increase in the per sonal needs allowance would be made at the beginning of the state's fiscal year.
Sincerely,
/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 Baugh Blitch Boshears
Bowen Broun of 46th
BBCrhuoerwteoknns of 26th Q Coleman Crotts Day Dean Edge Egan Farrow

Glanton Gochenour Guhl Harbison Hemmer
Henson Hm
HuHouogkggm s Isakson KemP Langford of 29th Madden Marable McGuire Middleton Newbill

Oliver Parrish Perdue Pollard Ragan of llth
Ragan of 32nd Ralston
RrR> obu-inson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger

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Those not voting were Senators:

Balfour (excused) Gillis

Langford of 35th (excused) Walker

On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 694. By Senator Pollard of the 24th:
A bill to amend Article 3 of Chapter 4 of Title 14 of the Official Code of Georgia Annotated, relating to corporate finance, so as to provide cross references to pro visions governing the issuance of preferred stock by insurance, banking, or trust companies; to amend Article 2 of Chapter 14 of Title 33 of the Official Code of Georgia Annotated, relating to domestic stock insurers, so as to authorize the issuance of preferred stock by domestic stock insurance companies.
Senator Pollard of the 24th offered the following amendment:
Amend SB 694 by striking (a) on page 2, line 22 and inserting (b) after the word subsection.
On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, e, 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 Clay Coleman Crotts Day Dean Edge Egan Farrow

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

Those not voting were Senators:

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

Balfour (excused) Cheeks

Langford of 35th (excused) Walker Marable

On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed as amended.

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The following bill was taken up to consider House action thereto:

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.

The House amendment was as follows:
Amend the Senate amendment to House Bill 545 by adding after line 9 the following:
Amend HB 545 by striking lines 26 and 27 of page 4 and inserting in their place the following:
"Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval."
Senator Ralston of the 51st moved that the Senate agree to the House amendment to the Senate amendment to HB 545.
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 Clay Coleman Crotts Day Dean Edge Egan Farrow

Gillis Glanton Gochenour Guhl Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable McGuire 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:

Balfour (excused) Cheeks

Langford of 35th (excused) Walker Taylor

On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to HB 545.
Senator Robinson of the 16th introduced Gaddy Soffer, commended by SR 560, adopted previously, who addressed the Senate briefly.
The Calendar was resumed.

SR 517. By Senators Edge of the 28th, Day of the 48th, Guhl of the 45th and others:
A resolution applying to the Congress of the United States to call a convention for the purpose of proposing an amendment to the Constitution of the United States to provide that no federal tax shall be imposed for the period before the date of enactment of the tax.

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1093

The Senate Finance and Public Utilities Committee offered the following substitute to SR 517:

A RESOLUTION
Applying to the Congress of the United States to call a convention for the purpose of proposing an amendment to the Constitution of the United States to provide that no federal tax shall be imposed for the period before the date of enactment of the tax; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
That this body respectfully petitions the Congress of the United States to call a conven tion for the specific and exclusive purpose of proposing an amendment to the Constitution of the United States to provide that no federal tax shall be imposed for the period before the date of enactment of the tax.
BE IT FURTHER RESOLVED that this application by the General Assembly of the State of Georgia constitutes a continuing application in accordance with Article V of the Constitution of the United States until at least two-thirds of the legislatures of the several states have made similar applications pursuant to Article V, but if Congress proposes an amendment to the Constitution identical in subject matter to that contained in this resolu tion before January 1, 1998, this petition for a constitutional convention shall no longer be of any force or effect.
BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and in structed to transmit a duly attested copy of this resolution to the President and Secretary of the Senate of the United States Congress, the Speaker and Clerk of the House of Represent atives of the United States Congress and to each member of the Georgia congressional delegation.
On the adoption of the substitute, the yeas were 37, nays 1, 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 Baugh Blitch Boshears Bowen Broun of 46th BChuerteokns Clay Coleman
Crotts Day Dean Edge Egan

Farrow Gillis Guhl Harbison Hemmer Henson Hill HHouogkgsins Isakson Kemp
Langford of 29th Madden Marable Middleton Newbill

Oliver Parrish Perdue Pollard Ragan of 32nd Rnktnn R tO" ,,Ro*b.inson Scott Slotm
Starr Taylor Thompson Turner Tysinger

Those voting in the negative were Senators:

Brown of 26th Glanton

Gochenour McGuire

Ragan of llth Walker

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JOURNAL OF THE SENATE

Those not voting were Senators:

Balfour (excused)

Langford of 35th (excused) Thomas

On the adoption of the resolution, the yeas were 47, nays 6.
The resolution, having received the requisite constitutional majority, was adopted by substitute.
Senator Glanton of the 34th gave notice that, at the proper time, she would move that the Senate reconsider its action on SR 517.
Senator Hill of the 4th introduced Sergeant Walt Taylor, commended by SR 513, adopted previously, who addressed the Senate briefly.
The Calendar was resumed.
SB 642. By Senator Madden of the 47th:
A bill to amend Chapter 10A of Title 43 of the Official Code of Georgia Anno tated, the "Professional Counselors, Social Workers, and Marriage and Family Therapists Licensing Law," so as to change the provisions relating to definitions; to change certain exemptions from licensing; to change the licensing require ments for professional counseling.
The Senate Health and Human Services Committee offered the following substitute to SB 642:
A BILL
To be entitled an Act to amend Chapter 10A of Title 43 of the Official Code of Georgia Annotated, the "Professional Counselors, Social Workers, and Marriage and Family Ther apists Licensing Law," so as to change the provisions relating to definitions; to change cer tain exemptions from licensing; to change the licensing requirements for professional coun seling; 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 10A of Title 43 of the Official Code of Georgia Annotated, the "Pro fessional Counselors, Social Workers, and Marriage and Family Therapists Licensing Law," is amended by adding between paragraphs (3) and (4) of Code Section 43-10A-3, relating to definitions, the following paragraph:
"3.1. 'Commission on Rehabilitation Counselor Certification' means the national certify ing agency for rehabilitation counselors as recognized by the National Commission for Certi fying Agencies."
Section 2. Said chapter is further amended by striking subsections (b) and (c) of Code Section 43-10A-7, relating to licensing requirements for professional counselors, and in serting in their place new subsections (b) and (c) to read as follows:
"(b) The prohibition of subsection (a) of this Code section shall not apply to the follow ing persons:
(1) Persons licensed to practice medicine or psychology under Chapter 34 or 39, respec tively, of this title;
(2) Persons engaged in the practice of a specialty as an employee of any agency or department of the federal government or any licensed hospital or long-term care facility, but only when engaged in that practice as an employee of such agency, department, hospital, or facility;

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1095

(3) (A) Persons who, prior to July 1, 1997, engaged in the practice of a specialty as an employee of any agency or department of the state or any of its political subdivisions, but only when engaged in that practice as an employee of such an agency or department; .
(B) Persons who engage in the practice of social work as employees of any agency or department of the state or any of its political subdivisions, but only when engaged in that practice as employees of such agency or department, and persons or entities which contract to provide social work services with any agency or department of the state or any of its political subdivisions, but such contracting persons and entities shall only be exempt under this subparagraph when engaged in providing social work services pursuant to those con tracts and shall only be exempt until January 1, 1996; and .
(C) Persons who engage in the practice of professional counseling as employees of the Department of Corrections, Department of Human Resources, any county board of health, or any community service board or similar entity created by general law to provide services to persons with disabilities, as defined in Chapter 2 of Title 37, but only when engaged in that practice as employees of such department, board, or entity and persons or entities which contract to provide professional counseling services with such department or board of health, but such contracting persons and entities shall only be exempt under this subpara graph when engaged in providing professional counseling services pursuant to those con tracts and shall only be exempt until January 1, 1996; and
(4) Students of a recognized educational institution who are preparing to become prac titioners of a specialty, but only if the services they render as such practitioners are under supervision and direction and their student status is clearly designated by the title 'trainee' or 'intern';
(5) Persons who have obtained a master's degree from a program accredited by the Council on Social Work Education and who are practicing social work under direction and supervision while preparing to take the master's social work licensing examination, but only for a period of up to one year following the granting of such degree;
(6) Persons who have obtained one of the graduate degrees required for licensure as a professional counselor or marriage and family therapist and who are practicing such spe cialty under supervision and direction in order to obtain the experience required for licensure;
(7) Elementary, middle, or secondary school counselors and school social workers certif icated as such by the Department of Education, Professional Standards Commission, or its successor agency but only when practicing within the scope of such certification and only when designated by the title 'school counselor,' 'school social worker,' or a title designated by the school system in which they are employed for persons practicing within such certification;
(8) Persons registered as rehabilitation suppliers by the Georgia Board of Workers' Compensation, including those registered as of July 1, 1992, but only when practicing reha bilitation counseling as a rehabilitation supplier for workcro workers' compensation claim ants and only so long as they do not use any titles other than titles describing the certifica tions or licenses they are required to hold under Code Section 34-9-200.1;
(9) Active members of the clergy but only when the practice of their specialty is in the course of their service as clergy;
(10) Members of religious ministries responsible to their established ecclesiastical au thority who possess a master's degree or its equivalent in theological studies;
(11) Persons engaged in the practice of a specialty in accordance with Biblical doctrine in public or nonprofit agencies or entities or in private practice;
(12) Persons engaged in the practice of a specialty as an employee of the Division of Family and Children Services of the Department of Human Resources but only when en gaged in such practice as an employee of that division;

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(13) Persons who have obtained a master's degree from a program accredited by the Council on Social Work Education and who are engaged in the practice of community or ganization, policy, planning, research, or administration may use the title 'social worker' and may only engage in such practice; and
(14) Persons who have obtained a bachelor's degree in social work from a program ac credited by the Council on Social Work Education may use the title 'social worker' and may practice social work, but they may not practice autonomously and may only practice under direction and supervision, and, notwithstanding the definitions in paragraphs (5) and (15) of Code Section 43-10A-3, such supervision shall be provided by a social worker who, as a minimum, has been awarded a bachelor's or a master's degree in social work from a program accredited by the Council on Social Work Education and who has completed at least two years of post-degree practice in the field of social work? ; and
(15) Persons who engage in the practice of professional counseling, excluding the use of psycEotherapy, as employees of organizations which maintain, now or in the future, accredi tation from the Commission on Accreditation of Rehabilitation Facilities or the national Accreditation Council for Agencies Serving the Blind and Visually Handicapped, but only when those persons are providing those services as employees of those organizations pursu ant to contracts between such organizations and the state or a department, agency, county, municipality, or political subdivision of the state; such persons shall be exempt until Janu ary 1, 2000.
(c) Unless exempt under paragraph (1), (2), (4), (5), (6), (11), (13), of (14), or (15) of subsection (b) of this Code section, a person who is not licensed under this chapter shall not practice a specialty for any corporation, partnership, association, or other business entity which uses in its corporate, partnership, association, or business name any words, letters, titles, or figures indicating or implying that such entity or any of its employees, officers, or agents are practicing a specialty."
Section 3. Said chapter is further amended by adding between paragraphs (2) and (3) of subsection (a) of Code Section 43-10A-11, relating licensing requirements for professional counselors, a new paragraph to read as follows:
"(2.1) A master's degree from a recognized educational institution and the Certified Rehabilitation Counselor designation from the Commission on Rehabilitation Counselor Certification and two years post master's rehabilitation-related work experience; or".
Section 4. 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 Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman

Crotts Day Dean Edge Farrow Gillis Glanton Gochenour Guhl Harbison Hemmer Henson

Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable McGuire Middleton Newbill Oliver

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1097

Parrish Perdue Pollard Raganofllth Ragan of 32nd
Ralston

Ray Robinson Scott Slotin Starr
Taylor

Those not voting were Senators:

Balfour (excused)

Egan

Thomas Thompson T iurner Tysmger Walker
Langford of 35th (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.
The President introduced United States Congressman Don Johnson, who addressed the Senate briefly.

SB 648. By Senators Thompson of the 33rd and Perdue of the 18th:
A bill to amend Chapter 6 of Title 49 of the Official Code of Georgia Annotated, relating to services for the aging, so as to enact the "Georgia Family Caregiver Support Act"; to provide for a short title, intent, and definitions; to provide for rules and procedures; to prevent the creation of entitlements; to prohibit the dis placement of benefits, entitlements, and resources.

Senator Thompson of the 33rd offered the following amendment:
Amend SB 648 by adding immediately preceding the period on line 17 of page 3 the following:
"or being an adult who is in a comatose state as a result of any head injury".
On the adoption of the amendment, the yeas were 32, nays 3, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

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

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

Oliver Perdue Pollard Ragan of llth Ragan of 32nd Ralston p>
*
Starr Taylor Thomas Thompson Turner Tysinger Walker

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Those not voting were Senators:

Balfour (excused)

Langford of 35th (excused) Parrish

On the passage of the bill, the yeas were 53, nays 0. The bill, having received the requisite constitutional majority, was passed as amended.

Senator Perdue of the 18th introduced Chancellor H. Dean Propst, commended by SR 479, adopted previously, who addressed the Senate briefly.

SB 696. By Senators Coleman of the 1st, Turner, of the 8th and Starr of the 44th:
A bill to amend Article 1 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to retail installment and home solicitation sales, so as to pro vide for the application of payments to revolving accounts by written agreement of the parties; to provide for construction.

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

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 BChuerteokns Clay
Coleman Crotts
Day Dean Edge Egan

Farrow Gillis Glanton Gochenour Guhl Harbison Hemmer Henson HHiolol ks Huggins
Isakson Kemp
Langford of 29th Madden Marable McGuire

Middleton Newbill Oliver Pollard Ragan of llth Ragan of 32nd Ralston R "Roub-inson Scott
Slotm Starr
Taylor Thomas Thompson Turner

Those not voting were Senators:

Balfour (excused)

Parrish

Langford of 35th (excused) Perdue

Tysinger Walker

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

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

SB 651. By Senators Farrow of the 54th and Perdue of the 18th:
A bill to amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to care and protection of indigent and elderly patients, so as to provide for a short title; to provide for legislative intent; to provide for definitions; to provide for rights of residents of personal care homes; to provide for grievance procedures for violations of such rights; to provide for administrative hearings for violations of such rights.

MONDAY, FEBRUARY 28, 1994

1099

The Senate Youth, Aging and Human Ecology Committee offered the following amendment:
Amend SB 651 by striking "state or" from line 24 of page 7.
On the adoption of the amendment, the yeas were 40, nays 0, and the amendment was adopted.
Senators Burton of the 5th, Edge of the 28th, Crotts of the 17th and Farrow of the 54th offered the following amendment:
Amend SB 651 on page 4, line 8 change "3" to "5".
On the adoption of the amendment, the yeas were 41, nays 0, and the Burton et al. amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Gillis Gochenour Guhl Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable McGuire 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:

Abernathy Balfour (excused)

Glanton

Parrish

Langford of 35th (excused) Perdue

On the passage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
The President announced that the Senate would stand in recess from 12:18 P.M. until 1:25 P.M.
The President called the Senate to order at 1:30 P.M.

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The Calendar was resumed.
SB 673. By Senators Farrow of the 54th and Walker of the 22nd:
A bill to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation and construction of hospitals and other health care fa cilities, so as to allow health care providers to enter into cooperative agreements for the provision of health care which may have the effect of lessening competi tion; to provide a short title; to define certain terms; to provide for applications for certificates of public advantage.
The Senate Health and Human Services Committee offered the following substitute to SB 673:
A BILL
To be entitled an Act to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation and construction of hospitals and other health care facilities, so as to allow health care providers to enter into cooperative agreements for the provision of health care which may have the effect of lessening competition; to provide a short title; to define certain terms; to provide for applications for certificates of public ad vantage; to provide for the review of such applications and standards for such review; to provide for record keeping; to provide for the active supervision of such agreements; to pro vide for an annual review; to provide for the termination of such certificates; to provide for judicial review; to provide for fees; to provide for certain department authority; to provide for the effects on other laws; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation and construction of hospitals and other health care facilities, is amended by inserting at the end thereof the following:
"ARTICLE 13
31-7-300. This article shall be known and may be cited as the 'Health Care Provider Act of 1994.'
31-7-301. As used in this article, the term:
(1) 'Antitrust laws' means any and all federal or state laws prohibiting monopolies or agreements in restraint of trade including, but not limited to, the federal Sherman AntiTrust Act, 26 Stat 209, as amended; the federal Clayton Act, 38 Stat 730, as amended; the Federal Trade Commission Act, 38 Stat 717, as amended; and Article III, Section VI, Para graph V of the Constitution of Georgia.
(2) 'Certificate of public advantage' means the formal approval, including any condi tions or modifications by the department, of a cooperative agreement between two or more providers of health care services.
(3) 'Cooperative agreement' means any activities carried out by two or more hospitals or licensed providers of health care services in Georgia for the purpose of providing health care services, including, but not limited to, integrated health care delivery networks; agreements among hospitals, or hospitals and other licensed providers for the sharing, allocation, or referral of patients, personnel, instructional programs, support services, or facilities and equipment, including medical, diagnostic, or laboratory facilities or equipment, or other pro cedures or services traditionally oifered by health care providers; and physician network joint ventures as defined in this article. Any cooperative agreement, to the extent reasonably within the financial capacity of such agreement, shall provide for the provision of services to persons regardless of the source or method of payment for such services or of the recipient's ability to pay. The cooperative agreement shall comply with all state laws, and, except for

MONDAY, FEBRUARY 28, 1994

1101

physician network joint ventures described above, the cooperative agreement shall include participants who provide a comprehensive range of acute and nonacute health care services.
(4) 'Department' means the Department of Human Resources.
(5) 'Health care services' means any services reasonably necessary for the diagnosis or treatment of an illness or injury and for which payment may be made under a private or public health benefit plan, including services related to the delivery or administration of such services.
(6) 'Hospital' means any hospital licensed under Article 2 of Chapter 7 of this title.
(7) 'Physician' means any person who is licensed to practice medicine by the Composite State Board of Medical Examiners pursuant to Chapter 34 of Title 43.
(8) 'Physician network joint venture' means a physician controlled venture that does not include more than 35 percent of the physicians, including subspecialists, in the geo graphic area in which the venture will offer the physician services, and all the physician members share financial risk, including an equity interest in the network, in jointly market ing the physician services to third-party payers.
(9) 'Provider of health care services' means any individual or entity that is engaged in the delivery of health care services and is required by the State of Georgia to be licensed to engage in the delivery of those services within the state.
31-7-302. (a) One or more providers of health care services may apply to the depart ment for a certificate of public advantage authorizing and governing a cooperative agree ment; provided, however, that except for a physician network joint venture, at least one hospital shall be a party to any such agreement. Such application shall be in a form and provide such information as the department deems appropriate and consistent with the pur poses of this article, but shall not be so burdensome as to unnecessarily discourage applica tions for a certificate of public advantage. The application may include an executed copy of the agreement or a letter of intent to enter in to such an agreement, a description of the nature and scope of the activities and cooperation provided in the agreement, an explana tion of any consideration passing to any party under the agreement, and any other materials necessary to explain fully the agreement and its anticipated effects.
(b) Any hospital, physician, or other person may negotiate and enter into a cooperative agreement without being subject to damages, liability, or scrutiny under any antitrust laws if an application for a certificate of public advantage has in good faith been filed or is in tended to be filed with the department as provided in subsection (a) of this Code section. The parties to such a cooperative agreement may conduct business pursuant to the agree ment without being subject to any damages, liability, or scrutiny under the antitrust laws only after a certificate of public advantage has been issued authorizing and governing the cooperative agreement.
31-7-303. (a) The department shall review each application for a certificate of public advantage submitted as provided in Code Section 31-7-302 and shall hold a public hearing, after notice of such hearing is published in a newspaper of general circulation in the area affected by the cooperative agreement under scrutiny, with the opportunity for any inter ested party to present oral or written comments.
(b) The department shall issue a certificate of public advantage within 90 days after the date the application was filed if it determines that the applicant has demonstrated that the benefits likely to result from the agreement outweigh the disadvantages likely to result from a reduction in competition precipitated by the agreement. An applicant shall have made such a showing if the agreement satisfies two or more of the following criteria:
(1) The cooperative agreement provides for a new service to the area served by the parties to the agreement or there will remain alternative sources for the same service offered pursuant to the cooperative agreement to consumers in the area served by the parties to the agreement;

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(2) The cooperative agreement is either nonexclusive in nature so that the parties are not prohibited from participating in similar agreements or, if the agreement is exclusive in nature, then the parties to such agreement shall not number more than 35 percent of the total of each class of health care providers in the area served by the parties to the agreement;
(3) The cooperative agreement is for the purchase or operation of equipment or services and either the cost is less than $1 million or a certified public accountant has certified that the projected savings from purchasing or operating the equipment or service will exceed the cost of such equipment or service;
(4) The cooperative agreement involves the merger of two hospitals, one of which has fewer than 100 licensed beds and has had an average inpatient census of less than 40 pa tients for the past three calendar years;
(5) The cooperative agreement will enable the participants to jointly offer health care services to third-party payers or other purchasers of health care services; the hospital par ticipants, not including specialty hospitals not offering the full range of acute care services, are located at least ten miles apart; and the nonhospital participants do not constitute more than 35 percent of the total of each class of provider in the area served by the parties to the agreement; or
(6) If the cooperative agreement is a physician network joint venture, then the venture shall not include more than 35 percent of the total number of physicians, including subspecialists, in the geographic area in which the venture will offer physician services to thirdparty payers, and all of the participating physicians shall share financial risk, including an equity interest in the network, in jointly marketing the physician services to third-party payers.
(c) The department shall give notice of its decisions on applications of public advantage in the same manner as prescribed for giving notice of decisions on applications for public need in subsection (g) of Code Section 31-6-43. If the department denies an application for the issuance of a certificate of public advantage and thereafter receives a request from the applicant for the return of any documents and information submitted by the applicant in connection with the application for the certificate, the department shall return to the appli cant, not later than 30 days after receipt of the request, the documents and information and all copies of the documents and information available to the department.
31-7-304. The department shall maintain on file all cooperative agreements for which certificates of public advantage are in effect, together with a copy of the certificate. Any party who terminates a cooperative agreement shall notify the department of that termina tion within 30 days after the effective date of the termination. All certificates of public advantage issued shall be public records within the meaning of Article 4 of Chapter 18 of Title 50. All other documents containing confidential commercial or financial information of the holders of certificates of public advantage that were submitted in connection with the application for the certificate shall not be considered public records under Article 4 of Chapter 18 of Title 50 and may not be disclosed by the department or any other compo nents of the state without the consent of the certificate holder.
31-7-305. The department is responsible for the active supervision of any cooperative agreement for which a certificate of public advantage has been issued and is in effect. If at any time the department determines, considering the criteria provided in Code Section 317-303, that the benefits or anticipated benefits resulting from a cooperative agreement no longer outweigh the disadvantages or anticipated disadvantages attributable to a reduction in competition resulting from the agreement, the department shall advise the parties to the agreement and review the certificate of public advantage in the same manner as provided for reviewing an initial application of public advantage; provided, however, that the require ment for publication shall not apply to this Code section. The department may request from the parties of a cooperative agreement under such review for such additional information or

MONDAY, FEBRUARY 28, 1994

1103

documents as the department deems necessary to complete the review. The failure to pro vide any such information within 90 days of a written notice of default from the department shall be grounds for the revocation of the certificate subject to the right of the department to extend the time period for good cause shown. If the department revokes a certificate of public advantage and thereafter receives a request from the applicant for the return of any documents and information submitted by the applicant in connection with the application for the certificate, the department shall return to the applicant, not later than 30 days after receipt of the request, the documents and information and all copies of the documents and information available to the department.
31-7-306. (a) The parties to a cooperative agreement for which a certificate of public advantage is in effect shall file with the department an annual report of principal activities conducted pursuant to the cooperative agreement. Such report shall be filed during the 30 day period preceding the anniversary date of the initial approval of the certificate of public advantage. The report shall be in a form and provide such information as the department deems appropriate and consistent with the purposes of this article, but shall not be so bur densome as to unnecessarily discourage applications for or the maintenance of certificates of public advantage. The report may include:
(1) A description of activities conducted pursuant to the agreement;
(2) The cost incurred and the savings realized as a result of such activities;
(3) The nature and scope of the activities anticipated for the next two years pursuant to the agreement and the anticipated effect of those activities on the provision of health care services to the citizens of the area serviced by the parties to the agreement; and
(4) A certificate signed by all parties to the agreement stating that the benefits or antic ipated benefits of the cooperative agreement continue to outweigh disadvantages or antici pated disadvantages of any reduction in competition resulting from the agreement.
(b) The department shall publish notice that the report required in subsection (a) of this Code section has been received in a newspaper of general circulation in the area af fected by the cooperative agreement. The public shall have 30 days after the date of such publication to file written comments on the report and on the benefits and disadvantages of continuing the certificate of public advantage. The failure to file an annual report or to provide information as required by this subsection within 60 days of receipt of a written notice of default from the department shall constitute grounds for the revocation of the certificate of public advantage. Confidential commercial or financial information contained in annual reports or in the information submitted by the certificate holders as part of the reporting process shall not be considered public records within the meaning of Article 4 of Chapter 18 of Title 50 and may not be disclosed by the department or any other component of the state without the consent of the certificate holder. Except as provided above, such annual reports, public comments, and information submitted shall be public records within the meaning of Article 4 of Chapter 18 of Title 50.
31-7-307. (a) The department shall review any information received pursuant to Code Section 31-7-305 and all annual reports, public comments, and information received pursu ant to Code Section 31-7-306. In either case, the department shall determine, considering the factors provided in Code Section 31-7-303, if the advantages or anticipated advantages of the cooperative agreement continue to outweigh the disadvantages or anticipated disad vantages of any reduction in competition resulting from the agreement. Within 60 days of notifying the parties of a review under Code Section 31-7-305, and within 30 days of the filing of an annual report under Code Section 31-7-306, the department shall make a final determination as to whether the certificate of public advantage should remain in effect; pro vided, however, that the department may extend such review period an additional 30 days.
(b) If the department determines after a review as provided in subsection (a) of this Code section that the advantages or anticipated advantages of the certificate no longer out weigh the disadvantages of the reduction in competition resulting from the agreement, or that the parties to a cooperative agreement have not acted in accordance with the approved

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application for a certificate of public advantage, the department shall revoke the certificate, provide all parties to the cooperative agreement with notice of such termination, and pro vide the parties with a summary of the reasons for such termination. If the department revokes a certificate of public advantage or if the parties applying for a certificate of public advantage voluntarily withdraw their application and the department thereafter receives a request from the applicant for the return of any documents and information submitted by the applicant in connection with the application for the certificate, the department shall return to the applicant, not later than 30 days after receipt of the request, the documents and information and all copies of the documents and information available to the department.
(c) The health care providers holding a certificate of public advantage may voluntarily terminate the certificate by providing written notice to the department in the form and with the content deemed appropriate by the department. The certificate shall terminate 30 days after the provision of notice.
31-7-308. (a) Any person whose application for a certificate of public advantage is de nied, and any party to a cooperative agreement which is revoked by the department shall be entitled to judicial review of the department's action without having to pursue any further administrative appeal. A petition for judicial review as provided in this subsection shall be filed within 30 days after receipt of such notice of the department's action in either the superior court of the county in which the applicant or party resides or in the Superior Court of Fulton County.
(b) In any action initiated pursuant to this Code section, the work product of the de partment shall be a public record within the meaning of Chapter 18 of Title 50 and shall be discoverable and admissible in discovery, at a hearing, or at trial.
(c) The filing of a petition for judicial review shall stay enforcement of the department's decision under review until such time as any judicial action on the matter becomes final.
31-7-309. The department shall establish a schedule of fees for filing an application for a certificate of public advantage and for filing an annual report. The filing fees may differ according to the size of the cooperative agreement involved as measured by projected reve nues, assets dedicated to the activities contemplated by the cooperative agreement, or some other rational basis. However, in no case shall the filing fee for an application exceed $7,500.00, or the filing fee for an annual report exceed $1,000.00, and the filing fees for physician network joint ventures, cooperative agreements between small hospitals, and other cooperative agreements shall not be so large as to discourage applications for certifi cates of public advantage. Such fees shall be paid into the general fund of the state treasury as provided by the Constitution and laws of this state.
31-7-310. The department shall have the necessary powers to adopt rules and regula tions necessary to carry out the purposes and mandates of this article.
31-7-311. (a) This article is intended to and shall be construed to immunize activities conducted pursuant to a cooperative agreement authorized by a certificate of public advan tage from challenge of scrutiny under antitrust laws. The submission of a cooperative agree ment for approval is voluntary, and the failure to seek a certificate of public advantage by health care providers entering into a cooperative agreement does not give rise to any legal inference or presumption of noncompliance with antitrust laws. The failure to seek such approval shall not be admissible in any civil or criminal antitrust action if such action is based upon the cooperative agreement or arises from conduct or activity reasonably neces sary and reasonably foreseeable to the making of an application for a certificate of public advantage. Denial of an application for a certificate of public advantage or revocation of a certificate may not be used as evidence of a violation of the antitrust laws in any judicial proceeding brought against the applicants or holders of the certificate.
(b) Nothing in this article shall exempt hospitals, physicians, or other health care prov iders from compliance with state or federal laws governing certificates of need, licensure, or other regulatory requirements.

MONDAY, FEBRUARY 28, 1994

1105

(c) Any dispute between or among the parties to a cooperative agreement arising out of such agreement shall be governed by general principles of contract law recognized in this state."
Section 2. This law shall become effective upon the approval of a constitutional amend ment authorizing certain cooperative agreements between or among health care providers which may have the effect of lessening competition.
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 Baugh Blitch Boshears Bowen Broun of 46th Burton Cheeks Clay Coleman
Crotts Dean Egan Farrow Gillis

Glanton Gochenour Guhl Harbison Hemmer Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable McGuire Middleton

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

Those not voting were Senators:

Alien Balfour (excused) Brown of 26th Day

Edge Henson Langford of 35th (excused) Oliver

Parrish Ray Slotin

On the passage of the bill, the yeas were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
SB 526. By Senators Cheeks of the 23rd, Marable of the 52nd and Langford of the 35th:
A bill to amend Code Section 20-2-211 of the Official Code of Georgia Annotated, relating to annual contracts of teachers, principals, and other certificated profes sional personnel, so as to require fingerprinting and criminal record checks through the Georgia Crime Information Center and the National Crime Informa tion Center of all persons employed for the first time by local units of adminis tration as teachers, principals, or other certificated professional personnel; to provide that the cost of obtaining fingerprint and criminal records checks shall be borne by the person seeking employment; to provide for practices and procedures.

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The Senate Education Committee offered the following substitute to SB 526:
A BILL
To be entitled an Act to amend Code Section 20-2-211 of the Official Code of Georgia Annotated, relating to annual contracts of teachers, principals, and other certificated profes sional personnel, so as to provide for fingerprinting and criminal record checks of persons to be employed as teachers, principals, or other certificated professional personnel prior to is suance of the contract of first employment; to provide for temporary or provisional contracts while awaiting results of such checks; to provide that the cost of obtaining fingerprint and criminal record checks shall, at the discretion of the local unit employing such person, be borne by the person seeking employment or the local unit of administration; to provide for practices and procedures; to provide for submission of this Act to the Federal Bureau of Investigation and the Justice Department; to provide for restrictions on the use of such record checks; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 20-2-211 of the Official Code of Georgia Annotated, relating to annual contracts of teachers, principals, and other certificated professional personnel, is amended by adding at the end thereof a new subsection (e) to read as follows:
"(e) (1) Each person to be issued a contract of employment for the first time by a local unit of administration after January 1, 1995, as a teacher, principal, or other certificated professional personnel shall be fingerprinted and have a criminal record check made as re quired by this subsection prior to the issuing of a contract. The local unit of administration shall have the authority to employ a person or persons under a provisional or temporary contract for a maximum of 120 days to allow for the receipt of the results of the criminal record check.
(2) Fingerprints shall be in such form and of such quality as shall be acceptable for submission to the National Crime Information Center under standards adopted by the Fed eral Bureau of Investigation or the United States Department of Justice. It shall be the duty of each law enforcement agency in this state to fingerprint those persons required to be fingerprinted by this subsection.
(3) At the discretion of local units of administration, fees required for a criminal record check by the Georgia Crime Information Center, the National Crime Information Center, the Federal Bureau of Investigation, or the United States Department of Justice prior to the issuance of any contract of first employment of such person shall be paid by the local unit of administration or the individual seeking employment.
(4) It shall be the duty of the State Board of Education to submit this subsection to the Georgia Bureau of Investigation for submission to the Federal Bureau of Investigation and the United States Department of Justice for their consent to conduct criminal record checks through the National Crime Information Center as required by federal law, rules, or regula tions. No criminal record checks through the National Crime Information Center shall be required by this subsection unless and until such consent is given.
(5) Information provided by the Georgia Crime Information Center or the National Crime Information Center shall be used only for the purposes allowed by Code Section 35-335 or by applicable federal laws, rules, or regulations.
(6) The State Board of Education is authorized to adopt rules and regulations necessary to carry out the provisions of this subsection."
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.

MONDAY, FEBRUARY 28, 1994

1107

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 B,,,urto, n QV^IlCCHS
Coleman Crotts Tj ay Edge Egan Farrow Gillis

Glanton Gochenour Guhl Harbison Hemmer Henson
Hm uHook, s .HTuggm. s
Isakson Kem P Langford of 29th Madden Marable McGuire Newbill

Oliver Perdue Pollard Ragan of llth Ragan of 32nd Ralston Robinson Sc co.t.t S~,lotm
Starr
Thomas Thompson Turner Tysinger Walker

Voting in the negative was Senator Dean.

Those not voting were Senators:

Balfour (excused) Brown of 26th

Langford of 35th (excused) Parrish

Middleton

Ray

On the passage of the bill, the yeas were 49, nays 1. The bill, having received the requisite constitutional majority, was passed by substitute.

SB 513. By Senators Crotts of the 17th, Day of the 48th, Newbill of the 56th and others:
A bill to amend Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational programs in public elementary and secondary schools, so as to provide for a uniform grading system for certain purposes.
The Senate Education Committee offered the following substitute to SB 513:
A BILL
To be entitled an Act to amend Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational programs in public elementary and secondary schools, so as to provide for legislative intent; to provide for a uniform re porting system for certain purposes; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational programs in elementary and secondary schools, is amended by adding at the end a new Code section to read as follows:
"20-2-157. (a) It is the intent of the General Assembly to establish a uniform reporting system to be used as one of the criteria to determine eligibility of students seeking enroll ment in postsecondary courses pursuant to Code Section 20-2-161.1 or seeking educational scholarships, grants, or loan assistance administered by the Georgia Student Finance Com mission pursuant to Article 7 of Chapter 3 of this title.

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(b) Each school system shall adopt the following reporting system for purposes of iden tifying and qualifying graduating seniors for the HOPE scholarship program and other pro grams identified in this Code section:
(1) A final grade average of at least an 80 numeric average, provided the student is in a college preparatory curriculum; or
(2) A final grade average of at least an 85 numeric average, if the student is in other than a college preparatory curriculum.
Only the reporting system as indicated in this subsection shall be used to determine eligibil ity for all grants, scholarships, or loans to attend colleges or universities which are adminis tered pursuant to Article 7 of Chapter 3 of this title and eligibility for enrollment in postsecondary courses pursuant to Code Section 20-2-161.1."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 44, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Alien Baugh Blitch Boshears Bowen Broun of 46th Burton Cheeks Clay Coleman
Crotts Dean Edge Egan Farrow Gillis

Glanton Gochenour Guhl Harbison Hemmer Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable McGuire 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:

Balfour (excused) Brown of 26th Day

Henson

Middleton

Langford of 35th (excused) Parrish

On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Crotts of the 17th moved that SB 513 be immediately transmitted to the House.

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1109

On the motion, the yeas were 35, nays 0, and SB 513 was immediately transmitted.
SB 608. By Senators Hemmer of the 49th, Robinson of the 16th, Henson of the 55th and Hooks of the 14th:
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 define certain terms; to revise minimum requirements; to require the property owner where land-dis turbing activity occurs to obtain a permit; to authorize the denial of a permit under certain conditions; to allow an issuing authority to require a bond or other form of financial security.
The Senate Natural Resources Committee offered the following substitute to SB 608:
A BILL
To be entitled an Act to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, the "Erosion and Sedimentation Act of 1975," so as to define certain terms; to revise minimum requirements; to require the property owner where land-disturbing activity occurs to obtain a permit; to authorize the denial of a permit under certain conditions; to allow an issuing authority to acquire a bond or other form of financial security; to require a county or municipality to employ qualified personnel for the county or municipality to be certified; to require districts or the commission to periodically review local programs; to revise enforcement procedures by the division in certified counties and municipalities; to provide that land-disturbing activities may be stopped under certain conditions; to increase the civil penalty and to authorize municipal courts to levy certain civil penalties; to revise certain exemptions from such chapter; 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 7 of Title 12 of the Official Code of Georgia Annotated, the "Erosion and Sedimentation Act of 1975," is amended by striking Code Section 12-7-3, relating to definitions relative to such chapter, in its entirety and inserting in lieu thereof the following:
"12-7-3. As used in this chapter, the term:
(1) 'Board' means the Board of Natural Resources.
(2) 'Commission' means the state Soil and Water Conservation Commission.
(3) 'Director' means the director of the Environmental Protection Division of the De partment of Natural Resources.
(4) 'District' means any one of the soil and water conservation districts of this state.
(5) 'Division' means the Environmental Protection Division of the Department of Natu ral Resources.
(6) 'Drainage structure' means a device composed of a virtually nonerodible material such~as concrete, steel, plastic, or other such material that conveys water from one place to another by intercepting the flow and carrying it to a release point for storm-water manage ment, drainage control, or flood control purposesT
(6) (7) 'Erosion and sediment control plan' or 'plan' means a plan for the control of soil erosion and sediment resulting from land-distributing activity.
(?) (8) 'Issuing authority' means the governing authority of any county or municipality which is certified pursuant to subsection (a) of Code Section 12-7-8 and the division in those instances where an application for a permit is submitted to the division.
(8) (9) 'Land-disturbing activity' means any activity which may result in soil erosion from water or wind and the movement of sediments into state water or onto lands within the state, including, but not limited to, clearing, dredging, grading, excavating, transporting, and filling of land but not including agricultural practices as described in paragraph (5) of Code Section 12-7-17.
{9} (10) 'Person' means any individual, partnership, firm, association, joint venture,

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public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, state agency, municipality or other political subdivision of this state, any interstate body, or any other legal entity.
(11) 'Roadway drainage structure' means a device, such as a bridge, culvert, or ditch, composed of a virtually nonerodible material such as concrete, steel, plastic, or other such material that conveys water under a roadway by intercepting the flow on one side of a trav eled way consisting of one or more defined lanes, with or without shoulder areas, and carry ing water to a release point on the other side.
(12) 'Soil and water conservation district approved plan' means an erosion and sediment control plan approved in writing by a soil and water conservation district.
(13) 'State waters' includes any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells, and other bodies of surface or subsurface water, natural or artificial, lying within or forming a part of the boundaries of the state, which are not entirely confined and retained completely upon the property of a single indi vidual, partnership, or corporation."
Section 2. Said chapter is further amended by striking Code Section 12-7-6, relating to minimum requirements for rules and regulations, ordinances, or resolutions, in its entirety and inserting in lieu thereof the following:
"12-7-6. (a) The rules and regulations, ordinances, or resolutions adopted pursuant to this chapter foF the purpose of governing land-disturbing activities shall require, as a mini mum, sound conservation and engineering practices to prevent and minimize erosion and resultant sedimentation, which are consistent with the following:
(1) Stripping of vegetation, regrading, and other development activities shall be con ducted in such a manner so as to minimize erosion;
(2) Cut and fill operations must be kept to a minimum;
(3) Development plans must conform to topography and soil type, so as to create the lowest practicable erosion potential;
(4) Whenever feasible, natural vegetation shall be retained, protected, and supplemented;
(5) The disturbed area and the duration of exposure to erosive elements shall be kept to a practicable minimum;
(6) Disturbed soil shall be stabilized as quickly as practicable;
(7) Temporary vegetation or mulching shall be employed to protect exposed critical areas during development;
(8) Permanent vegetation and structural erosion control measures must be installed as soon as practicable;
(9) To the extent necessary, sediment in run-off water must be trapped by the use of debris basins, sediment basins, silt traps, or similar measures until the disturbed area is stabilized. As used in this paragraph, a disturbed area is stabilized when it is brought to a condition of continuous compliance with the requirements of this chapter;
(10) Adequate provisions must be provided to minimize damage from surface water to the cut face of excavations or the sloping surfaces of fills;
(11) Cuts and fills may not endanger adjoining property;
(12) Fills may not encroach upon natural watercourses or constructed channels in a manner so as to adversely affect other property owners;
(13) Grading equipment must cross flowing streams by the means of bridges or culverts, except when such methods are not feasible; provided, in any case, that such crossings must be kept to a minimum;

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(14) Land-disturbing activity plans for erosion and sedimentation control shall include provisions for treatment or control of any source of sediments and adequate sedimentation control facilities to retain sediments on site or preclude sedimentation of adjacent streams beyond the levels specified in paragraph 4i8) (17) of this Code section;
(16) Land disturbing activities shall not be conducted within the 100 year floor plain unless compliance with any applicable local flood plain management ordinance is demon strated or flood storage compensation for flood watcra is provided or such construction is in compliance with the Federal Emergency Management Agency regulations;
(15) An undisturbed natural vegetative buffer of Land-disturbing activities shall not be conducted within 25 feet of the banks of any state waters, as measured from trie point where vegetation has been wrested by normal stream flow or wave action, measured from the stream banks shall normally be retained adjacent to any state watcra except where the director determines to allow a variance that is at least as protective of natural resources and the environment, where otherwise required allowed by Part 6 of Article 6 of Chaptof-& of this title, the 'Metropolitan River Protection Act,' or by the department director pursu ant to Code Section 12-2-8, or when the economic use and the contour of the land require a different buffer subject to the division's approval, or where a drainage structure or a road way drainage structure must be constructed, provided that adequate erosion control mea sures are incorporated in the project plans and specifications and are implemented; pro vided, however, that buffers of at least 25 feet established pursuant to Part 6 of Article 5 of Chapter 5 of this title shall remain in force unless a variance is granted by the director as provided in this paragraph; and
(16) Land-disturbing activities shall not be conducted within 100 horizontal feet (horizontal) , as measured from the point where vegetation has been wrested by normal stream flow or wave action, of the banks of any state waters classified as 'trout streams' pursuant to Article 2 of Chapter 5 of this title, the 'Georgia Water Quality Control Act,' unless a variance for such activity is granted by the director except where a roadway drain age structure must be constructed, provided that adequate erosion control measures are in corporated in the project plans and specifications and are implemented;-****!.
(18) Diachargca of storm water runoff from disturbed arcao ohall be controlled to the extent that turbidity of the storm water runoff shall not exceed 60 ncphclomctric turbidity units higher than the turbidity level of the receiving stream immediately upstream from the storm water runoff discharge at the time of such discharge except where a roadway drainage structure must be constructed, the turbidity of the receiving stream downstream of the con struction site shall not exceed 60 ncphclomctric turbidity unita higher than the turbidity level of the receiving stream immediately upstream from the construction site. Downstream turbidity measurements shall be taken at points where the entering discharge i3 fully mixed with the receiving stream flow. Due to the various soils and hydrological and water condi tions throughout the state, the division shall have the discretion to vary from the aforesaid ncphclomctric turbidity units.
(b) Nothing contained in this chapter shall prevent an issuing authority from adopting rules~and regulations, ordinances, or resolutions which contain requirements that exceed the minimum requirements in subsection (a) of this Code sectionf"
Section 3. Said chapter is further amended by striking subsections (a) and (e) of Code Section 12-7-7, relating to the permit required for land-disturbing activity, in their entire ties and inserting in lieu thereof, respectively, the following:
"(a) No land-disturbing activities shall be conducted in this state, except those landdisturbing activities provided for in Code Section 12-7-17, without the property owner where the land-disturbing activity will occur first securing the permit required by this Code section."
"(e) (1) When reviewing any application for a land-disturbing activity permit, the issu ing authority shall consider the past record of the permit applicant in complying with previ ous land-disturbing activity permits and this Code section. If the a permit applicant has had

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two or more violations of previous permits or this Code section within three years prior to the date of filing of the application under consideration, the issuing authority may deny the permit application.
(2) The issuing authority may require the permit applicant to post a bond in the form of government security, cash, irrevocable letter of credit, or any combination thereof up to, but not exceeding, $3,000.00 per acre of the proposed land-disturbing activity, prior to issu ing the permit. If the applicant does not comply with this Code section or with the condi tions of the permit after issuance, the issuing authority may call the bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to stabilize the site of the land-disturbing activity and bring it into compliance. This subsection shall not apply unless there is in effect an ordinance or statute specifically providing for hearing and judi cial review of any determination or order of the issuing authority with respect to alleged permit violations."
Section 4. Said chapter is further amended by striking subsections (a), (b), and (d) of Code Section 12-7-8, relating to certification of a county or municipality as an issuing au thority, in their entireties and inserting in lieu thereof, respectively, the following:
"(a) If a county or municipality has enacted ordinances which meet or exceed the stan dards, requirements, and provisions of this chapter and which are enforceable by such county or municipality, and if a county or municipality documents that it employs qualified personnel to implement enacted ordinances, the director may certify such county or munici pality as an issuing authority for the purposes of this chapter.
(b) The districts or the commission or both may shall periodically review the actions of counties and municipalities which have been certified as issuing authorities pursuant to sub section (a) of this Code section. The districts or the commission or both may provide techni cal assistance to any county or municipality for the purpose of improving the effectiveness of the county's or municipality's erosion and sedimentation control program. The districts or the commission may shall notify the division and request investigation by the division if any deficient or ineffective local program is found."
"(d) Notwithstanding any action which may be taken pursuant to subsection (c) of this Code section, Upon written request made by an issuing authority, the director may deter mine that the public interest requires initiation of an enforcement action by the director within a jurisdiction certified pursuant to this Code section division. Such request shall be accompanied by documentation that demonstrates to the director's satisfaction that local remedy has been exhausted and that compliance with local ordinances or resolutions has not been achieved. Where such a determination is made and the issuing authority has failed to secure compliance, the director may implement the board's rules and seek compliance under provisions of Code Sections 12-7-12 through 12-7-15. For purposes of this subsection, en forcement actions taken by the division pursuant to Code Sections 12-7-12 through 12-7-15 shall not require prior revocation of certification of the county or municipality as an issuing authority. The governing authority within whose juriadiction auch violation occurs shall be liable to the state for coato incurred by the state in such enforcement actions, including the reasonable coat of attorney's fees when formal legal action is required."
Section 5. Said chapter is further amended by striking Code Section 12-7-12, relating to orders directed to violators, in its entirety and inserting in lieu thereof the following:
"12-7-12. (a) Whenever the director has reason to believe that a violation of any provi sion of this chapter, any rule or regulation of the board, or any order of the director has occurred in a county or municipality which is not certified pursuant to subsection (a) of Code Section 12-7-8, the director may issue an order directed to such violator or violators. The order shall specify the provisions of this chapter or the rules or regulations or order alleged to have been violated and may require that land-disturbing activity be stopped until necessary corrective action and mitigation have been taken or may require that necessary corrective action and mitigation be taken within a reasonable time to be prescribed in the

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order. Any order issued by the director under this Code section shall be signed by the direc tor. Any such order shall become final unless the person or persons named therein request, in writing, a hearing pursuant to Code Section 12-7-16.
(b) Whenever an issuing authority has reason to believe that a violation of any provi sion of a local ordinance or resolution has occurred within the jurisdiction of the issuing authority, the issuing authority may require that land-disturbing activity be stopped until necessary corrective action and mitigation have been taken or may require that necessary corrective action and mitigation be taken within a reasonable time."
Section 6. Said chapter is further amended by striking subsection (a) of Code Section 12-7-15, relating to civil penalty, in its entirety and inserting in lieu thereof the following:
"(a) Any person who violates any provision of this chapter, the rules and regulations adopted pursuant hereto, or any permit condition or limitation established pursuant to this chapter or who negligently or intentionally fails or refuses to comply with any final or emer gency order of the director issued as provided in this chapter shall be liable for a civil pen alty not to exceed $2,000.00 $2,500.00 per day. For the purpose of enforcing the provisions of this chapter, notwithstanding any provision in any city charter to the contrary, municipal courts shall be authorized to impose a penalty not to exceed $2,500.00 for each violation. Notwithstanding any limitation of local law as to penalties which can be assessed for viola tions of county ordinances, any court of competent jurisdiction trying cases brought as vio lations of this chapter under county ordinances approved under this chapter shall be authorized to impose penalties for such violations not to exceed $2,500.00 for each violation. Each day during which the violation or failure or refusal to comply continues shall be a separate violation."
Section 7. Said chapter is further amended by striking Code Section 12-7-17, relating to exemptions, in its entirety and inserting in lieu thereof the following:
"(a) This chapter shall not apply to the following activities:
(1) Surface mining, as the same is defined in Code Section 12-4-72;
(2) Granite quarrying and land clearing for such quarrying;
(3) Such minor land-disturbing activities as home gardens and individual home land scaping, repairs, maintenance work, and other related activities which result in minor soil erosion;
(4) 4A^ The construction of single-family residences, when such are constructed by or under contract with the owner for his or her own occupancy!, or
(B) The the construction of single-family residences not a part of a larger project and not otherwise exempted under subpuragraph (A) of this paragraph; provided, however, that construction of any such residence not otherwise exempt must shall conform to the mini mum standards requirements as set forth in Code Section 12-7-6 and that such
requirements shall be enforced by the issuing authority;
(5) Agricultural operations as defined in Code Section 1-3-3 to include those practices involving the establishment, cultivation, or harvesting of products of the field or orchard; the preparation and planting of pasture land; forestry land management practices, including harvesting; farm ponds; dairy operations; livestock and poultry management practices; and the construction of farm buildings;
(6) Any project carried out under the technical supervision of the Soil and Water Con servation Service of the United States Department of Agriculture;
(7) Any project involving one and one-tenth acres or less; provided, however, that this exemption shall not apply to any land-disturbing activity within 200 feet of the bank of any state waters, and for purposes of this paragraph, 'state waters' excludes channels and drainageways which have water in them only during and immediately after rainfall events and intermittent streams which do not have water in them year round; provided, however, that any person responsible for a project which involves one and one-tenth acres or less,

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which involves land-disturbing activity, and which is within 200 feet of any such excluded channel or drainageway must prevent sediment from moving beyond the boundaries of the property on which such project is located and provided, further, that nothing contained in this chapter shall prevent a city or county which is an issuing authority from regulating any such project which is not specifically exempted by aubparagrnph (B) of paragraph (4) of by paragraph paragraphs (1), (2), (3), (4), (5), (6), (8), or (9), or (10) of this Code section subsection;
(8) Construction or maintenance projects, or both, undertaken or financed in whole or in part, or both, by the Department of Transportation, the Georgia Highway Authority, or the Georgia Tollway Authority; or any road construction or maintenance project, or both, undertaken by any county or municipality; or construction and maintenance, or either, by any water or sewerage authority established by the General Assembly of this state, provided, however, that; such projects shall conform to the minimum requirements set forth in Code Section 12-7-6;
(A) If such projects are constructed within 200 feet of the banks of any channels or drainagcwaya which have water in them only during and immediately after rainfall events or intermittent streams which do not have water in them year round, then auch projects shall conform to the specifications used by the Department of Transportation for control of soil erosion and acdimcntation on its highway contraction projceta;
(B) If such projects arc constructed within 200 feet of the banka of any state waters which do have water in them year round and in which the drainage area of the watershed upstream from such projects is less than three aquarc miles, then ouch projects shall con form to the specifications used by the Department of Transportation for control of soil cro sion and sedimentation on its highway construction projects;
(C) If such projects arc constructed within 200 feet of the banka of any state waters which do have water in them year round and in which the drainage area of the watershed upstream from such projects is equal to or more than three square miles, then such projects shall conform to the minimum standards set forth in Code Section 12-7-6; and
(D) If such projects are constructed within 100 feet (horizontal) of the banks of any state waters classified as 'trout streams' pursuant to Article 2 of Chapter 6 of this title, the 'Georgia Water Quality Control Act,' regardless of the size of the watershed area, then such projects shall conform to the minimum standards act forth in Code Section 12-7-6;
(0) Any land disturbing activities conducted by any airport authority, provided that any such land-disturbing activity shall conform to the minimum standards set forth in Code Section 12-7-6; or
(9) Any land-disturbing activities conducted by any electric membership corpora tion or municipal electrical system or any public utility under the regulatory jurisdiction of the Public Service Commission, provided that any such land-disturbing activity shall con form to the minimum standards requirements set forth in Code Section 12-7-6.
(b) Where subsection (a) of this Code section requires compliance with the minimum requirements set forth in Code Section 12-7-6, issuing authorities shall enforce compliance with the minimum requirements as if a permit had been issued and violations shall be sub ject to the same penalties as violations by permit holders."
Section 8. All laws and parts of laws in conflict with this Act are repealed.
Senator Hemmer of the 49th offered the following amendment:
Amend Senate Committee on Natural Resources substitute to SB 608 by adding after the word and symbol "foregoing;" on line 18 of page 1 the following:
"to provide an effective date;".
By striking lines 7 through 26 of page 7 and inserting in lieu thereof the following:
(17) (A) Discharges of storm-water runoff from disturbed areas shall be controlled

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1115

to the extent that turbidity of the storm-water runoff shall not exceed 60 100 nephelometric turbidity units higher than the turbidity level of the receiving stream immediately upstream from the storm-water runoff discharge at the time of such discharge; provided, however, that for trout streams, such maximum allowable turbidity level shall be 50 nephelometric turbidity units higher than the turbidity level of such stream immediately upstream from the storm-water runoff discharge at the time of such discharge, except where a roadway drainage structure must be conatfuctcd, the turbidity of the receiving atrcam downstream of the conatruction aitc ahall not exceed 60 nephelometric turbidity units higher than the tur bidity level of the receiving stream immediately upstream from the construction aitc. Downatrcam turbidity measurements shall be taken at points where the entering discharge is fully mixed with the receiving atrcam flow. Due to the various soils and hydrological and water conditions throughout the state, the division shall have the discretion to vary from the aforesaid nephelometric turbidity units.
(B) On and after July 1, 1994, the Board of Natural Resources shall be authorized to establish the maximum allowable turbidity levels at higher or lower levels or establish an equivalent method of determining the amount of sedimentation with corresponding stan dards by rule or regulation, but only after the board has considered the results of a study of nephelometric turbidity unit levels and alternative standards done under the auspices of the Board of Regents. Upon the adoption of such rule or regulation, the provisions of subparagraph (A) of this paragraph shall be superseded by the provisions of this subparagraph."
By striking lines 9 and 10 on page 16 and inserting in lieu thereof the follewing:
"Section 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 9. All laws and parts of laws in conflict with this Act are repealed."
On the adoption of the amendment, the yeas were 40, nays 0, and the Hemmer amend ment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Alien Baugh Blitch Boshears Bowen Broun of 46th B.urton Clay CCorolettms an
Day Dean Edge Egan Farrow Gillis

Glanton Gochenour Guhl Harbison Hemmer Henson Hill Hooks Huggms IKsaekmspon
Langford of 29th Madden Marable McGuire Newbill Oliver

Perdue Pollard Ragan of llth Ragan of 32nd Ralston n av Roinson SCQU ,,, . **ltoaru,rn
'laylor Thomas Thompson Turner Tysinger Walker

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Those not voting were Senators:

Balfour (excused) Brown of 26th

Cheeks Longford of 35th (excused)

Middleton Parrish

On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. Senator Hemmer of the 49th moved that SB 608 be immediately transmitted to the House. On the motion, the yeas were 31, nays 1, and SB 608 was immediately transmitted. The following bill was taken up to consider House action thereto:

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.
Senator Edge of the 28th moved that the Senate adhere to its substitute to HB 415 and that a Conference Committee be appointed.
On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate adhered to its substitute to HB 415.
The President appointed as a Committee of Conference the following Senators:
Broun of the 46th, Egan of the 40th and Edge of the 28th.
The Calendar was resumed.

SB 438. By Senators Clay of the 37th, Guhl of the 45th and Crotts of the 17th:
A bill to amend Article 3 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to the selection of jurors, so as to change the method and manner in which certain jury lists are composed; to provide for duties and re sponsibilities of the Department of Public Safety, boards of education of inde pendent and county school systems, and the chief registrar of each county with respect to jury lists; to provide an effective date.
The Senate Special Judiciary Committee offered the following substitute to SB 438:
A BILL
To be entitled an Act to amend Article 3 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to the selection of jurors, so as to provide for additional qualifications of jurors; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 3 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to the selection of jurors, is amended by adding a new Code section immediately following Code Section 15-12-40, to be designated Code Section 15-12-40.1, to read as follows:
"15-12-40.1. In addition to any other qualifications provided under this article, no per son shall be qualified to serve as a juror under this article unless that person is a citizen of the United States."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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1117

Section 3. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Baugh Blitch Boshears Bowen Broun of 46th BC,,,luaryton Coleman Crotts Day Dean
Edge
Egan
Farrow Gillis

Glanton Gochenour Guhl Harbison Hemmer Henson HIHToilol k, s Huggins Langford of 29th Madden Marable
McGuire
Middleton
Newbill Oliver

Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Sec c, o.t.,t *lotm btarr Taylor Thomas
Thompson
Turner
Tysinger Walker

Those not voting were Senators:

Abernathy Balfour (excused) Brown of 26th

Cheeks Isakson Kemp

Langford of 35th (excused) Parrish Perdue

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 674. By Representative Groover of the 125th: A bill to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, known as the "Hospital Authorities Law," so as to provide that cer tain real property owned by a hospital authority shall be subject to state, county, and municipal ad valorem taxation; to provide that certain real property ac quired by a hospital authority shall be subject to all local zoning regulations.
Senate Sponsor: Senator Robinson of the 16th.
The Senate Finance and Public Utilities Committee offered the following substitute to HB 674:
A BILL
To be entitled an Act to amend Code Section 31-7-72 of the Official Code of Georgia Annotated, relating to the creation of hospital authorities, so as to provide that certain real property owned by a hospital authority created in any county, municipality within that county, or combination thereof having a population of 50,000 or more according to the United States decennial census of 1990 or any future such census or any subsidiary or affili ate thereof shall be subject to state, county, and municipal ad valorem taxation; to provide

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for applicability criteria; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 31-7-72 of the Official Code of Georgia Annotated, relating to the creation of hospital authorities, is amended by striking subsection (e) and inserting in its place a new subsection (e) to read as follows:
"(e) (1) Nothing in this Code section is intended to invalidate any of the acts of existing boards oFauthorities. Hospital authorities shall be granted the same exemptions and exclu sions from taxes as are now granted to cities and counties for the operation of facilities similar to facilities to be operated by hospital authorities as provided for under this title.
(2) Notwithstanding the provisions of paragraph (1) of this subsection or any other law to trie" contrary, any real property in which 50 percent or more of the floor space thereof, excluding halls, corridors, and public spaces, is rented or leased by persons, firms, or corpo rations engaged in or conducting a private for profit business or profession owned by a hos pital authority created in any county, municipality within that county, or combination thereof having a population of 50,000 or more according to the United States decennial census of 1990 or any future such census or owned by any subsidiary or affiliate thereof and which hospital authority or subsidiary or affiliate thereof operates a hospital containing more than 100 beds, shall be subject to all state, county, and municipal ad valorem taxes in the same manner as other private property."
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 Robinson of the 16th offered the following amendment:
Amend the Senate Committee on Finance and Public Utilities substitute to HB 674 by striking in lines 9 and 10 of page 2 the following:
"created in any county, municipality within that county, or combination thereof,
and inserting in lieu thereof the following:
"which is located in a county".
On the adoption of the amendment, the yeas were 37, nays 0, and the Robinson amend ment to the committee substitute was adopted.
The following Fiscal Notes, as required by law, were 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 19, 1993

SUBJECT: Fiscal Note - House Bill 674 (LC 9 7271) Ad Valorem Taxation - Hospital Authority Property

This bill revises existing provisions regarding certain real property owned by a hospital authority. The bill provides that certain hospital authority property where at least 30 per cent of the floor space (excluding halls and public space) is occupied by persons, firms, or

MONDAY, FEBRUARY 28, 1994

1119

corporations engaged in or conducting a private business or profession would be subject to ad valorem taxation. Additionally, the bill would subject any real property acquired by a hospital authority after January 1, 1993, to all local zoning regulations.
Since only one-quarter mill of the ad valorem tax would be remitted to the state, this bill should not have a significant impact on state revenues or expenditures. To estimate the amount of additional local tax that would result from this bill would require an extensive survey of all hospital authority properties to determine the value of property that would be taxed.

Is/ Claude L. Vickers State Auditor

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

DEPARTMENT OF AUDITS 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400
February 11, 1994
The Honorable Terrell Starr, Vice-Chairman Senate Appropriations The State Senate State Capitol Room 420C Atlanta, Georgia 30334
SUBJECT: Fiscal Note House Bill 674 (LC 18 6045S) Ad Valorem Taxation: Hospital Authority Property
Dear Vice-Chairman Starr:
This bill revises existing provisions regarding certain real property owned by a hospital authority. The bill provides that certain hospital authority property where at least 50 per cent of the floor space (excluding halls and public space) is occupied by persons, firms, or corporations engaged in or conducting a private business or profession would be subject to ad valorem taxation.
Since only one-quarter mill of the ad valorem tax would be remitted to the state, this bill should not have a significant impact on state revenue or expenditures. To estimate the amount of additional local tax that would result from this bill would require an extensive survey of all hospital authority properties to determine the value of property that would be taxed.
Sincerely,
/s/ Claude L. Vickers State Auditor
/s/ Henry M. Huckaby, Director Office of Planning and Budget
On the adoption of the substitute, the yeas were 42, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Alien Baugh

Blitch Boshears Bowen

Broun of 46th Burton Cheeks

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JOURNAL OF THE SENATE

Clay Coleman Crotts Day Dean Edge Egan
Farrow Gillis Glanton Gochenour Guhl Harbison Hemmer

Henson Hill Hooks Huggins Kemp Langford of 29th Madden Marable McGuire 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:

Balfour (excused) Brown of 26th

Isakson Langford of 35th (excused)

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 Calendar was resumed.

HB 1000. By Representative Benefield of the 96th:
A bill to amend Article 2A of Chapter 5 of Title 40 of the Official Code of Geor gia Annotated, relating to suspension of licenses, so as to provide for additional drug related crimes for which a person's driver's license shall be suspended.
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 Baugh Blitch Boshears Bowen Burton Cheeks Clay Coleman Crotts Day Dean Edge Egan
Farrow

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

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

Those not voting were Senators:

Balfour (excused) Broun of 46th Brown of 26th

Isakson (excused conferee) Langford of 35th (excused) Parrish

Robinson (excused conferee)
Scott (excused conferee)

MONDAY, FEBRUARY 28, 1994

1121

On the passage of the bill, the yeas were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1209. By Representatives Dobbs of the 92nd, Twiggs of the 8th, Colwell of the 7th and others:
A bill to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to the carrying and possession of firearms, so as to add state and federal appellate judges to the list of persons exempt from certain provisions of law relating to carrying weapons at school functions or on school property and relating to the possession and carrying of firearms.
Senate Sponsor: Senator Farrow of the 54th.
Senator Edge of the 28th offered the following amendment:
Amend HB 1209 by adding on line 7 of page 1 between the semicolon and the word "to" the following:
"to change the exemption relating to probation personnel and to provide an exemption with respect to certain retired persons who at the time of their retirement exercised proba tion functions with the Department of Corrections; to provide that certain exemptions shall apply to persons in certain offices regardless of whether such persons are employed full time or engaged in official duties;".
By striking from line 6 of page 4 the following:
"subsection (a) of".
By striking from line 9 of page 4 the following:
"subsection (a)",
and inserting in lieu thereof the following:
"Code Section 16-11-130".
By adding on line 11 of page 4 between the quotation marks and the designation (a) the following:
By striking in their entirety lines 13 through 15 of page 4 and inserting in lieu thereof the following:
"persons if such persons are employed full time in the offices listed below of if not full time cmploycca while engaged in pursuit of official duty or when authorized".
By striking in their entirety lines 19 through 25 of page 5 and inserting in lieu thereof the following:
"(8) Probation supervisors Chief probation officers, probation officers, intensive proba tion officers, and surveillance officers employed by and under the authority of the Depart ment of Corrections pursuant to Article 2 of Chapter 8 of Title 42, known as the 'State-wide Probation Act,' when specifically designated and authorized in writing by the director of Division of Probation;".
By striking the quotation marks at the end of line 1 of page 6 and adding between lines 1 and 2 of page 6 the following:
"(b) Code Sections 16-11-126 through 16-11-128 shall not apply to or affect persons who at the~time of their retirement from service with the Department of Corrections were chief probation officers, probation officers, intensive probation officers, or surveillance officers, when specifically designated and authorized in writing by the director of Division of Probation.

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JOURNAL OF THE SENATE

4te} (c) A prosecution based upon a violation of Code Section 16-11-126, 16-11-127, or 16-11-128 need not negative any exemptions.'"
On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Farrow Gillis Glanton Gochenour Guhl Harbison Hemmer Henson Hill Hooks Huggins Kemp
Langford of 29th Madden
Marable McGuire

Middleton Newbill Pollard Ragan of llth Ragan of 32nd Ralston p* Q1 .. | otm TM*" iay'or Thomas
Thompson Turner
Tysinger Walker

Voting in the negative was Senator Oliver.

Those not voting were Senators:

Balfour (excused) Brown of 26th Isakson (excused conferee)

Langford of 35th (excused) Robinson (excused

Parrish

conferee)

Perdue

Scott (excused conferee)

On the adoption of the amendment, the yeas were 47, 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:

Alien Baugh Blitch Boshears Bowen Broun of 46th Burton Cheeks Clay Coleman Crotts Day Dean Edge Farrow

Gillis Glanton Gochenour Guhl Harbison Hemmer Henson Hill Hooks Huggins Kemp Langford of 29th Madden Marable McGuire

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

MONDAY, FEBRUARY 28, 1994

1123

Those voting in the negative were Senators:

Abernathy Egan

Oliver

Slotin

Those not voting were Senators:

Balfour (excused) Brown of 26th Isakson (excused conferee) Langford of 35th (excused)

Parrish Robinson (excused
conferee)

Scott (excused conferee)

On the passage of the bill, the yeas were 45, nays 4.

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

HB 1382. By Representatives Hudson of the 156th, Johnson of the 148th, Ray of the 128th and others:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change a certain definition; to make the liberation of domestic fish without a permit unlawful; to require fishing licenses of persons who fish in private ponds owned or operated by certain governmental entities; to require persons in possessions of game fish from wholesale or retail fish dealers to possess a bill of sale or lading.

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 Baugh Blitch Boshears Bowen Burton Cheeks Clay Coleman Crotts Day Dean Edge Egan

Farrow Glanton Gochenour Guhl Harbison Hemmer Henson Hill Hooks Huggins Langford of 29th Madden Marable McGuire Middleton

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

Those not voting were Senators:

Balfour (excused) Broun of 46th Brown of 26th
Isakson (excused conferee)

Kemp Langford of 35th (excused) O__l, iver
Parrish

Robinson (excused conferee)
0Sco.tt. (. excused, conf,eree),
Walker

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 1217. By Representatives Parham of the 122nd, Parrish of the 144th, Twiggs of the 8th and Atkins of the 29th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change the listing of controlled sub stances and dangerous drugs.

Senate Sponsor: Senator Madden of the 47th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Alien Baugh Blitch Boshears

Farrow Gillis Glanton Guhl Harbison

RBroun of,46,uth BChuerteokns Clay

Henson HHoilol ks Kemp

Oliver Perdue Pollard Ragan of llth Ragan of 32nd
Ralston
TM * loytln Stair

Coleman Crotts Day
Dean Edge
Egan

Langford of 29th Madden Marable
McGuire Middleton
Newbill

Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Balfour (excused) Brown of 26th Gochenour Huggins

Isakson (excused conferee) Robinson (excused

Langford of 35th (excused) conferee)

Parrish

Scott (excused conferee)

On the passage of the bill, the yeas were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following bill of the Senate, reconsidered previously today, was put upon its passage:

SB 688. By Senators Taylor of the 12th, Gillis of the 20th and Kemp of the 3rd:
A bill to amend Code Section 27-3-8 of the Official Code of Georgia Annotated, relating to the unlawful enticement of game, so as to provide a penalty for cer tain such enticement.
Senator Taylor of the 12th moved that SB 688 be committed to the Senate Committee on Natural Resources.
On the motion, the yeas were 37, nays 0; the motion prevailed, and SB 688 was committed.

SR 531: By Senators Farrow of the 54th and Walker of the 22nd:
A RESOLUTION Proposing an amendment to the Constitution so as to provide that the General Assem bly may by general law authorize contracts and agreements among health care providers and other persons for the provision of health care services which may have the effect of lessening

MONDAY, FEBRUARY 28, 1994

1125

competition if the advantages to the public outweigh any disadvantages; to provide that any such contracts shall be continuously monitored; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article III, Section VI, Paragraph V of the Constitution is amended by in serting at the end thereof the following:
"(f) Notwithstanding the provisions of subparagraph (c) of this Paragraph, the General Assembly shall have the power by general law to authorize contracts and agreements among health care providers and other persons for the provision of health care services which may have the effect of lessening competition if, according to criteria established by the General Assembly, the benefits to the public of such contracts or agreements outweigh the disadvan tages of lessened competition, provided that any such law shall provide for the continuous monitoring of such contracts or agreements to ensure that such advantages continue to out weigh such disadvantages."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"[ ] YES [ ] NO

Shall the Constitution be amended so as to provide that the General Assem bly may authorize contracts or agreements among health care providers and other persons for the provision of health care services which may have the effect of lessening competition if the benefits to the public outweigh any disadvantages due to lessened competition?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
Senator Farrow of the 54th offered the following amendment:
Amend SR 531 by striking lines 11 through 14 of page 2 and inserting in lieu thereof the following:
"which may have the effect of increasing cooperation between such providers which outweigh the public benefits of competition?"
On the adoption of the amendment, the yeas were 34, nay 0, and the amendment was adopted.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended.
On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Alien Baugh Blitch Boshears Bowen Broun of 46th Burton Cheeks

Clay Coleman Crotts Dean Edge Farrow Gillis Glanton Guhl

Harbison Hemmer Hill Hooks Huggins Kemp Langford of 29th Madden Marable

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JOURNAL OF THE SENATE

McGuire Middleton Oliver Perdue
Pollard

Ragan of llth Ragan of 32nd Ray Slotin
Starr

Taylor Thompson
Turner Tysinger

Those voting in the negative were Senators:

Day Henson

Newbill

Those not voting were Senators:

Ralston

Balfour (excused) BTE-,groawnn of 26th Gochenour
Isakson (excused conferee)

Langford of 35th (excused) Vranrrisn,
Robinson (excused conferee)

Scott (excused conferee) T_W. hr ao.l.mkears

On the adoption of the resolution, the yeas were 41, nays 4. The resolution, having received the requisite two-thirds constitutional majority, was adopted. The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 471. By Representative Holland of the 157th: A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to property, casualty, and surety insurance, so as to provide that in an instance in which a claim is covered by two carriers, one carrier may settle and thereby release it and its insured from liability.
HB 1435. By Representatives Stancil of the 16th, Pinholster of the 15th and Harris of the 17th: A bill to amend Code Section 12-8-24 of the Official Code of Georgia Annotated, relating to permits for certain solid waste handling and disposal facilities, so as to provide for limitations on the modification of certain permits.
Serving as doctor of the day was Dr. Sandra Roberson, Atlanta, Georgia. Senator Ray of the 19th moved that the Senate do now adjourn until 9:30 A.M. to morrow; the motion prevailed, and the President announced the Senate adjourned at 2:45 P.M.

TUESDAY, MARCH 1, 1994

1127

Senate Chamber, Atlanta, Georgia Tuesday, March 1, 1994
Thirty-second Legislative Day
The Senate met pursuant to adjournment at 9:30 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 1888. By Representative Carrell of the 87th: A bill to amend an Act reincorporating the City of Monroe in the County of Walton, so as to change certain provisions relative to the membership of the Water, Light, and Gas Commission.
HB 1898. By Representatives Reichert of the 126th, Lucas of the 124th, Groover of the 125th, Randall of the 127th and Birdsong of the 123rd: A bill to amend an Act providing a new charter for the City of Macon, so as to change the corporate limits of said city.
HB 1931. By Representatives Carrell of the 87th and Johnson of the 84th: A bill to amend an Act creating the Walnutgrove-Youth Water Authority, now known as the Walton County Water and Sewerage Authority, so as to authorize the governing authority of the water and sewerage authority to provide by resolu tion for compensation of the chairman of the authority.
SB 677. By Senator Ralston of the 51st: A bill to amend an Act entitled "An Act to create the Ellijay-Gilmer County Water and Sewerage Authority" so as to provide for the compensation of the members of such authority.
HB 1878. By Representatives Teper of the 61st, Watson of the 139th and Skipper of the 137th: A bill to amend Chapter 6 of Title 43 of the Official Code of Georgia Annotated, relating to auctioneers, so as to provide an exception to the provisions of such chapter.
HB 1521. By Representatives Patten of the 176th and Dobbs of the 92nd: A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to provide that certain references to standards, rules, and regulations adopted by the Board of Natural Resources mean those standards, rules, and regulations in effect on January 1, 1994.

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JOURNAL OF THE SENATE

HB 1681. By Representatives Culbreth of the 132nd, Watts of the 26th and Smith of the 174th:
A bill to amend Chapter 39 of Title 33 of the Official Code of Georgia Annotated, relating to the collection, use, and disclosure of information gathered by insur ance institutions, so as to revise the definition of adverse underwriting decision; to repeal the definition of unauthorized insurer; to delete references to agents in connection with adverse underwriting decisions.
HB 419. By Representatives Mueller of the 152nd, Cummings of the 27th, Smith of the 109th, Jamieson of the 22nd and Smith of the 174th:
A bill to amend Code Section 47-2-96 of the Official Code of Georgia Annotated, relating to prior service credits under the Employees' Retirement System of Georgia, so as to provide that any member whose contributions to the retirement system were suspended because the member was unable to work because of an injury incurred during the course of employment may purchase service credit for such period.
HB 1814. By Representative Watson of the 139th:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to provide a source of funding and pro cedures for site investigation, engineering, and cleanup in cases where solvents used by dry cleaners may contaminate the environment.
HB 1690. By Representative Byrd of the 170th:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-volt age contractors, and utility contractors, so as to authorize the Division of Master Plumbers and Journeyman Plumbers to require continuing education for renewal of master plumber licenses.
HB 1666. By Representative Bordeaux of the 151st:
A bill to amend Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists, so as to change the name of the State Board of Examin ers in Optometry; to change the provisions relating to qualifications for member ship on such board; to change the requirements for certification and registration necessary to engage in the practice of optometry.
HB 1836. By Representatives Chambless of the 163rd, Floyd of the 172nd, Bostick of the 165th and Oliver of the 154th:
A bill to amend Chapter 9 of Title 11 of the Official Code of Georgia Annotated, relating to secured transactions, sales of accounts, and chattel paper, so as to provide for a defined term; to provide for filing to perfect a security interest; to provide for a "fixture filing"; to prohibit terms in contracts to prohibit assignment.
HB 1687. By Representative Cauthorn of the 35th:
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 for the right of the state to a direct appeal in certain delinquency cases.
HB 323. By Representative Randall of the 127th:
A bill to amend Code Section 47-3-60 of the Official Code of Georgia Annotated, relating to membership in the Teachers Retirement System of Georgia and re lated matters, so as to provide that certain persons employed by the Department

TUESDAY, MARCH 1, 1994

1129

of Technical and Adult Education may elect to transfer membership from the Employees' Retirement System of Georgia to the Teachers Retirement System of Georgia.
HB 1626. By Representatives Sinkfield of the 57th, McKinney of the 51st, Martin of the 47th and Taylor of the 134th: A bill to amend Chapter 4A of Title 49 of the Official Code of Georgia Anno tated, relating to children and youth services, so as to authorize the Department of Children and Youth Services to enter into contracts; to provide for the power of the commissioner to contract.
HB 1153. By Representatives Holmes of the 53rd, McKinney of the 51st, Sinkfield of the 57th, Ashe of the 46th, Martin of the 47th and others: A bill to amend Code Section 47-2-298 of the Official Code of Georgia Annotated, relating to creditable service in the Employees' Retirement System of Georgia for employees or former employees of a county department of family and children services in each county of this state having a population of 290,000 or more ac cording to the United States decennial census of 1980 or any future such census, so as to delete the population classification.
The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 967. By Representative Birdsong of the 123rd: A resolution designating the Hardy Durham Faulk, Sr., Memorial Bridge.
HR 1001. By Representative Connell of the 115th: A resolution authorizing the conveyance of certain state owned real property lo cated in Richmond County; to provide for the conveyance of said property back to the State of Georgia under certain conditions.
HR 961. By Representatives Perry of the llth, Pinholster of the 15th, Connell of the 115th, Walker of the 141st, Chandler of the 99th and others: A resolution honoring Ralph "Country" Brown and designating the Ralph "Country" Brown Highway.
HR 1002. By Representative Bordeaux of the 151st: A resolution authorizing the leasing of certain improved real property owned by the State of Georgia in Chatham County.
HR 726. By Representatives Twiggs of the 8th, Colwell of the 7th and Greene of the 158th: A resolution creating the Joint Study Committee on Historic Dramas.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 626. By Senators Robinson of the 16th, Ray of the 19th, Gillis of the 20th and Hooks of the 14th: A bill to amend Article 4 of Chapter 3 of Title 22 of the Official Code of Georgia Annotated, relating to the exercise of the power of eminent domain for construc tion and operation of petroleum and gas pipelines, so as to provide for legislative findings; to create the Petroleum Pipeline Study Committee to study the need for statutory land use controls or restrictions related to the siting and regulation

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JOURNAL OF THE SENATE

of petroleum pipelines; to provide for the abolishment of the study committee on January 1, 1995.
The House has agreed to the Senate substitute to the following bill of the House:
HB 1235. By Representatives Harris of the 112th, Parham of the 122nd and Powell of the 23rd:
A bill to amend Code Section 40-3-50 of the Official Code of Georgia Annotated, relating to perfection of security interests in motor vehicles, so as to provide for perfection of a security interest by delivery of the title application to either the commissioner or the local tag agent in the county of the vehicle owner's residence.
The House has disagreed to the Senate amendments to the following bill of the House:
HB 1225. By Representatives Martin of the 47th, Watson of the 139th and Carlisle of the 107th:
A bill to amend Article 12 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to ticket scalping, so as to provide that it shall be unlawful for any person to sell or offer for sale any ticket of admission or other evidence of right of entry to any entertainment event, including, but not limited to, athletic contests, concerts, theater performances, or other entertainments, amusements, or exhibitions to which the general public is admitted.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 715. By Senators Clay of the 37th and Newbill of the 56th:
A bill to amend Code Section 50-27-3 of the Official Code of Georgia Annotated, relating to definitions used in the "Georgia Lottery for Education Act," so as to redefine educational purposes and programs to provide that voluntary pre-kindergarten programs shall include substantially similar programs for students who are eligible for special education services and otherwise eligible for voluntary prekindergarten. Referred to Committee on Education.
SB 716. By Senator Slotin of the 39th:
A bill to amend an Act reincorporating the City of Atlanta, as amended, so as to regulate the receipt and investigation of complaints or information from city em ployees concerning fraud, waste, and abuse in or relating to any city programs or operations; to provide for definitions; to provide for confidentiality; to prohibit retaliatory action; to provide a remedy for retaliatory action. Referred to Committee on Urban and County Affairs.
SB 717. By Senator Henson of the 55th:
A bill to amend Chapter 42 of Title 33 of the Official Code of Georgia Annotated, known as the "Long-term Care Insurance Act," so as to remove the authority of the Commissioner of Insurance to extend limitation periods in long-term care insurance policies for coverage of loss or confinement for preexisting conditions; to prohibit the conditioning of eligibility for long-term care benefits on prior hospitalization. Referred to Committee on Insurance and Labor.

TUESDAY, MARCH 1, 1994

1131

SB 718. By Senator Robinson of the 16th:
A bill to amend Code Section 43-14-6 of the Official Code of Georgia Annotated, relating to powers and duties of divisions of the State Construction Industry Li censing Board, so as to provide for a Journeyman Conditioned Air Contractor license; to provide subject matters for testing. Referred to Committee on Science, Technology and Industry.
SB 719. By Senator Robinson of the 16th:
A bill to amend Code Section 25-10-4 of the Official Code of Georgia Annotated, relating to the requirement of a permit for conduct of a fireworks display, so as to change the provisions relating to the conditions under which a judge of the probate court may grant a permit for the display of fireworks; to provide that the holder of a certain permit issued by the Alcohol, Tobacco, and Firearms Division of the United States Treasury Department shall be authorized to possess, store, and utilize Class C common fireworks and Class B explosives under certain circumstances. Referred to Committee on Science, Technology and Industry.
SB 720. By Senators Boshears of the 6th and Kemp of the 3rd:
A bill to amend an Act changing the method of electing members of the board of education of Wayne County so as to provide for compensation for the members of the board; to provide for expenses and accounts. Referred to Committee on Urban and County Affairs.
SB 721. By Senators Hemmer of the 49th and Day of the 48th:
A bill to amend an Act creating a board of commissioners of Forsyth County, as amended, so as to change the manner of filling vacancies on said board; to pro vide for certain submissions. Referred to Committee on Urban and County Affairs.
SR 567. By Senators Perdue of the 18th and Hill of the 4th:
A resolution to create the Senate Study Committee for a Seamless Education System. Referred to Committee on Rules.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 323. By Representative Randall of the 127th:
A bill to amend Code Section 47-3-60 of the Official Code of Georgia Annotated, relating to membership in the Teachers Retirement System of Georgia and re lated matters, so as to provide that certain persons employed by the Department of Technical and Adult Education may elect to transfer membership from the Employees' Retirement System of Georgia to the Teachers Retirement System of Georgia. Referred to Committee on Retirement.
HB 419. By Representatives Mueller of the 152nd, Cummings of the 27th, Smith of the 109th and others:
A bill to amend Code Section 47-2-96 of the Official Code of Georgia Annotated, relating to prior service credits under the Employees' Retirement System of Georgia, so as to provide that any member whose contributions to the retirement system were suspended because the member was unable to work because of an

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JOURNAL OF THE SENATE

injury incurred during the course of employment may purchase service credit for such period.
Referred to Committee on Retirement.
HB 471. By Representative Holland of the 157th:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to property, casualty, and surety insurance, so as to provide that in an instance in which a claim is covered by two carriers, one carrier may settle and thereby release it and its insured from liability.
Referred to Committee on Insurance and Labor.
HB 1153. By Representatives Holmes of the 53rd, McKinney of the 51st, Sinkfield of the 57th and others:
A bill to amend Code Section 47-2-298 of the Official Code of Georgia Annotated, relating to creditable service in the Employees' Retirement System of Georgia for employees or former employees of a county department of family and children services in each county of this state having a population of 290,000 or more ac cording to the United States decennial census of 1980 or any future such census, so as to delete the population classification.
Referred to Committee on Retirement.
HB 1435. By Representatives Stancil of the 16th, Pinholster of the 15th and Harris of the 17th:
A bill to amend Code Section 12-8-24 of the Official Code of Georgia Annotated, relating to permits for certain solid waste handling and disposal facilities, so as to provide for limitations on the modification of certain permits.
Referred to Committee on Natural Resources.
HB 1521. By Representatives Patten of the 176th and Dobbs of the 92nd:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to provide that certain references to standards, rules, and regulations adopted by the Board of Natural Resources mean those standards, rules, and regulations in effect on January 1, 1994.
Referred to Committee on Natural Resources.
HB 1626. By Representatives Sinkfield of the 57th, McKinney of the 51st, Martin of the 47th and Taylor of the 134th:
A bill to amend Chapter 4A of Title 49 of the Official Code of Georgia Anno tated, relating to children and youth services, so as to authorize the Department of Children and Youth Services to enter into contracts; to provide for the power of the commissioner to contract.
Referred to Committee on Youth, Aging and Human Ecology.
HB 1666. By Representative Bordeaux of the 151st:
A bill to amend Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists, so as to change the name of the State Board of Examin ers in Optometry; to change the provisions relating to qualifications for member ship on such board; to change the requirements for certification and registration necessary to engage in the practice of optometry.
Referred to Committee on Health and Human Services.

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1133

HB 1681. By Representatives Culbreth of the 132nd, Watts of the 26th and Smith of the 174th:
A bill to amend Chapter 39 of Title 33 of the Official Code of Georgia Annotated, relating to the collection, use, and disclosure of information gathered by insur ance institutions, so as to revise the definition of adverse underwriting decision; to repeal the definition of unauthorized insurer; to delete references to agents in connection with adverse underwriting decisions. Referred to Committee on Insurance and Labor.
HB 1687. By Representative Cauthorn of the 35th:
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 for the right of the state to a direct appeal in certain delinquency cases. Referred to Committee on Judiciary.
HB 1690. By Representative Byrd of the 170th:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-volt age contractors, and utility contractors, so as to authorize the Division of Master Plumbers and Journeyman Plumbers to require continuing education for renewal of master plumber licenses. Referred to Committee on Science, Technology and Industry.
HB 1814. By Representative Watson of the 139th:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to provide a source of funding and pro cedures for site investigation, engineering, and cleanup in cases where solvents used by dry cleaners may contaminate the environment. Referred to Committee on Natural Resources.
HB 1836. By Representatives Chambless of the 163rd, Floyd of the 172nd, Bostick of the 165th and Oliver of the 154th:
A bill to amend Chapter 9 of Title 11 of the Official Code of Georgia Annotated, relating to secured transactions, sales of accounts, and chattel paper, so as to provide for a defined term; to provide for filing to perfect a security interest; to provide for a "fixture filing"; to prohibit terms in contracts to prohibit assignment. Referred to Committee on Judiciary.
HB 1878. By Representatives Teper of the 61st, Watson of the 139th and Skipper of the 137th:
A bill to amend Chapter 6 of Title 43 of the Official Code of Georgia Annotated, relating to auctioneers, so as to provide an exception to the provisions of such chapter. Referred to Committee on Science, Technology and Industry.
HR 726. By Representatives Twiggs of the 8th, Colwell of the 7th and Greene of the 158th:
A resolution creating the Joint Study Committee on Historic Dramas. Referred to Committee on Rules.

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JOURNAL OF THE SENATE

HR 961. By Representatives Perry of the llth, Pinholster of the 15th, Connell of the 115th and others: A resolution honoring Ralph "Country" Brown and designating the Ralph "Country" Brown Highway.
Referred to Committee on Transportation.
HR 967. By Representative Birdsong of the 123rd: A resolution designating the Hardy Durham Faulk, ST., Memorial Bridge.
Referred to Committee on Transportation.
HR 1001. By Representative Connell of the 115th: A resolution authorizing the conveyance of certain state owned real property lo cated in Richmond County; to provide for the conveyance of said property back to the State of Georgia under certain conditions.
Referred to Committee on Finance and Public Utilities.
HR 1002. By Representative Bordeaux of the 151st: A resolution authorizing the leasing of certain improved real property owned by the State of Georgia in Chatham County.
Referred to Committee on Finance and Public Utilities.
HB 1888. By Representative Carrell of the 87th: A bill to amend an Act reincorporating the City of Monroe in the County of Walton, so as to change certain provisions relative to the membership of the Water, Light, and Gas Commission.
Referred to Committee on Urban and County Affairs.
HB 1898. By Representatives Reichert of the 126th, Lucas of the 124th, Groover of the 125th and others: A bill to amend an Act providing a new charter for the City of Macon, so as to change the corporate limits of said city.
Referred to Committee on Urban and County Affairs.
HB 1931. By Representatives Carrell of the 87th and Johnson of the 84th: A bill to amend an Act creating the Walnutgrove-Youth Water Authority, now known as the Walton County Water and Sewerage Authority, so as to authorize the governing authority of the water and sewerage authority to provide by resolu tion for compensation of the chairman of the authority.
Referred to Committee on Urban and County Affairs. The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Banking and Financial Institutions has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1676. Do pass. Respectfully submitted, Senator Turner of the 8th District, Chairman

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1135

Mr. President:
The Committee on Consumer Affairs has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 800. Do pass. Respectfully submitted, Senator Henson of the 55th 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 1488. Do pass as amended. Respectfully submitted, Senator Pollard of the 24th District, Chairman
Mr. President:
The Committee on Retirement has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 260. Do pass. HB 913. Do pass.
Respectfully submitted, Senator Huggins of the 53rd District, Chairman
Mr. President:
The Committee on Special Judiciary has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 989. Do pass by substitute. HB 1378. Do pass as amended.
Respectfully submitted, Senator Egan of the 40th District, Chairman
Mr. President:
The Committee on Urban and County Affairs has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 713. Do pass. HB 1881. Do pass. HB 1884. Do pass.
Respectfully submitted, Senator Thompson of the 33rd District, Chairman

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JOURNAL OF THE SENATE

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

SB 436 SB 710

SB 591 SB 711

SB 661 SR 561

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

Gochenour
Guhl Harbison Hemmer Henson Hill

Cheeks CClraoytts Day Dean Edge Farrow Glanton

Kemp LMaandgdfeonrd of 29th Marable McGuire Middleton Newbill Oliver

Those not answering were Senators:

Abernathy Alien Balfour Coleman

Egan Gillis Hooks Isakson

Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston
Robinson
lotin starr Taylor Thomas Turner Tysinger
Langford of 35th (excused) Ray Thompson Walker

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Kemp of the 3rd moved that Senator Alien of the 2nd be excused from the Senate today due to personal business.
On the motion, the yeas were 34, nays 0; the motion prevailed, and Senator Alien of the 2nd was excused.
Senator Edge of the 28th moved that Senator Balfour of the 9th be excused from the Senate today due to business out of state.
On the motion, the yeas were 36, nays 0; the motion prevailed, and Senator Balfour of the 9th was excused.
Senator Perdue of the 18th introduced the chaplain of the day, Dr. John Yarborough, pastor of First Baptist Church, Perry, Georgia, who offered scripture reading and prayer.
The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Tuesday, March 1, 1994
THIRTY-SECOND LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

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1137

SB 713 Boshears, 6th PIERCE COUNTY
Amends an Act establishing the State Court of Pierce County, so as to change the compensation of the judge and solicitor of the state court; to pro vide an effective date to repeal conflicting laws.

HB 1881 Perdue, 18th HOUSTON COUNTY
Creates and provides for the Board of Elections of Houston County as suc cessor to the board of elections in existence prior to the effective date of this Act.

HB 1884 Dean, 31st CITY OF CEDARTOWN
Provides a new charter for the City of Cedartown.

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:

Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Day Dean Edge Egan Farrow Gillis Glanton Gochenour

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

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

Those not voting were Senators:

Abernathy Alien (excused) Balfour (excused)

Baugh Coleman Crotts

Langford of 35th (excused) Walker

On the passage of all the local bills, the yeas were 48, nays 0.
All the bills on the Senate Local Consent Calendar, having received the requisite consti tutional majority, were passed.

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JOURNAL OF THE SENATE

SENATE RULES CALENDAR
Tuesday, March 1, 1994
THIRTY-SECOND LEGISLATIVE DAY
SB 645 Official Code of Georgia Annotated--repeal certain obsolete provisions based on population (U&CA G--16th)
SB 680 State, Local Elections--plurality vote for election (Substitute) (Ethics--16th) SR 546 CA: Hazardous Waste Removal, Certain Sites--state incur debt to fund
(F&PU--6th) SB 704 Health--relating to genetic testing (H&HS--22nd) SR 547 Grady County--conveyance of certain state property (F&PU--llth) SR 456 CA: State Commission on Judicial Compensation--create (Judy--16th) SR 548 Richmond County--conveyance of certain state property (F&PU--23rd) SB 668 County Governing Authority Meetings--minutes (U&CA G--31st) SB 698 Hazardous Waste Sites--request for funding to correct (Nat R--6th) SB 669 Certain Propane Dealers--may repair, service propane systems (Substitute)
(ST&I--31st) SB 659 Tax Digests--provide for certification (F&PU--25th) SB 637 Frivolous Actions--motion for attorney's fees (Judy--42nd) SB 657 Certain Lobbyists--quarterly reports (Substitute) (Ethics--16th) SR 536 CA: Secretary of State, Attorney General, School Superintendent--elect by plu
rality vote (Substitute) (Ethics--16th) SB 437 Lottery for Education Act--purpose include institutions with special education
services (Substitute) (Ed--37th) SR 522 Walter Kelly, Jr., Bridge--designate (Trans--21st)
Respectfully submitted, /s/ Scott of the 36th, Chairman
Senate Rules Committee
The following general bills were read the third time and put upon their passage:
SB 645. By Senators Robinson of the 16th, Ray of the 19th, Edge of the 28th and Oliver of the 42nd: A bill to repeal certain obsolete and superseded laws and provisions of the Offi cial Code of Georgia Annotated, based upon classification by population; to pro vide for legislative intent; to repeal codified and uncodified laws; to amend Code provisions to strike cross-references to repealed laws.
Senator Cheeks of the 23rd offered the following amendment:
Amend SB 645 by striking lines 16 through 20 of page 2 and inserting the following:
"(3) Reserved."
By striking lines 1 through 5 of page 3 and inserting the following:
"(6) Reserved."
By striking lines 25 through 30 of page 21 and inserting the following: "(32) Reserved."
On the adoption of the amendment, the yeas were 42, nays 0, and the amendment was adopted.

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1139

Senator Newbill of the 56th offered the following amendment:
Amend SB 645 by deleting all of paragraph (9) on lines 1 through 5 of page 17 and inserting in place thereof the following:
"(9) Reserved."
and by deleting on page 17 lines 23 through 28 paragraph (12) and inserting in place thereof the following:
"(12) Reserved."
On the adoption of the amendment, the yeas were 43, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Blitch Boshears Bowen Broun of 46th Brown of 26th Burton
Clay Crotts DDaeyan Edge Egan Farrow Gillis Glanton Gochenour

Guhl

Harbison

Hemmer

Henson

.

Hill

Hooks

Huggins

Isakson

Kemp

LMaandgdfeonrd of 29th

Marable

McGuire

. Middleton

Newbill

Oliver

Parrish

Perdue Pollard Ragan of llth Ragan of 32nd Ralston
Robinson & e] . i^stanm Tay'or Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Alien (excused)

Balfour (excused) Baugh

Coleman Langford of 35th (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.
SB 680. By Senator Robinson of the 16th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that in any state or local election the candidate receiv ing a plurality of the votes cast shall be elected; to define what shall constitute a plurality; to provide that a runoff shall be held only in the case of a tie; to make similar provisions for the election of persons to the offices of United States sena tor and representative; to provide that there shall be no majority vote require ment for the election of any officer.

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JOURNAL OF THE SENATE

The Senate Ethics Committee offered the following substitute to SB 680:
A BILL
To be entitled an Act to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that in certain elections the candidate receiving a plurality of the votes cast shall be elected; to define what shall constitute a plurality; to provide that in such elections a runoff shall be held only in the case of a tie or failure to achieve a plurality; to provide an exception whereby certain constitutional officers of the state shall continue to be elected by majority vote until and unless the Constitution is amended to provide for election of such officers by plurality vote; to provide for all matters related to the foregoing; to provide for an effective date and for 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 by adding between paragraphs (18) and (19) of Code Section 21-2-2, relating to definitions of terms used in the election laws, a new paragraph (18.1) to define the term "plurality" and to read as follows:
"(18.1) 'Plurality' means the receiving by one candidate alone of the highest number of votes cast in an election among the candidates for the same office provided that such num ber of votes exceeds 40 percent of the total number of votes cast in such election for such office. In the case where two or more persons tie in receiving the highest number of votes or no candidate receives more than 40 percent of the total votes cast in the election for the office sought there is no plurality."
Section 2. Said title is further amended by striking Code Section 21-2-285.1, relating to nonpartisan elections and run-off elections, and inserting in its place a new Code section to read as follows:
"21-2-285.1. The names of all candidates nominated in the nonpartisan primary 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 be printed on each official election ballot; and insofar as practicable such offices to be filled in the nonpartisan election shall be separated from the names of candidates for other offices by being listed last on each ballot, with the top of that portion of each official election ballot relating to the nonpartisan election of judges to have printed in prominent type the words 'OFFICIAL NONPARTISAN ELECTION BALLOT.' Immediately under this caption the following directions shall be printed: 'Place a cross (X) or check (V) mark in the square opposite the name of each nonpartisan 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.' Immediately under the directions, the name of each nonpartisan candidate shall be arranged under the title of the office for which such candidate was nominated in the official nonpartisan pri mary. No party designation or affiliation shall appear beside the name of any candidate for nonpartisan office. An appropriate space shall also be placed on the ballot for the casting of write-in votes for such offices. In the event that no candidate in such nonpartisan election receives a majority plurality of the total votes cast for such office, there shall be a nonparti san election runoff between the candidates receiving the two highest numbers of votes; and the names of such candidates shall be placed on the official ballot at the general election runoff in the same manner as prescribed in this Code section for the nonpartisan election. In the event that only nonpartisan candidates for judges are to be placed on a run-off ballot, the form of the ballot shall be as prescribed by the Secretary of State or election superinten dent in essentially the same format as prescribed for the nonpartisan election of judges. The candidate having a majority plurality of the votes cast in the nonpartisan election or the candidate receiving the highest number of votes cast in the nonpartisan election runoff shall be declared duly elected to such office."
Section 3. Said title is further amended by striking subsection (a) of Code Section 21-2498, relating to the Constitutional Officers Election Board, and inserting in its place a new subsection to read as follows:

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1141

"(a) On the Tuesday next following the general election or general election runoff if any, the Secretary of State shall transmit the returns for the elections for the constitutional officers to the Constitutional Officers Election Board, which shall be composed of the Speaker and the Clerk of the House of Representatives, the President Pro Tempore and the Secretary of the Senate, and the chairman chairperson of each standing committee of the General Assembly. The Speaker of the House shall act as the chairman chairperson of such board. On said date, the chairman chairperson shall convene such board at such time and place as he the Speaker of the House shall determine, after having given due notice thereof to all members of the board and the candidates for constitutional offices. Each candidate shall be entitled to designate one person to be present at the opening of the returns. Such board shall open and publish the returns of each such election. The person having the ma jority plurality of the whole number of votes in each election shall be declared duly elected, and certified returns shall be made by the Constitutional Officers Election Board and filed with the Secretary of State.
Section 4. Said title is further amended by striking Code Section 21-2-501, relating to the requirement of receipt of a majority vote as a condition of nomination or election, and inserting in its place a new Code section to read as follows:
"21-2-501. (a) Except as otherwise provided in this Code section, no candidate shall be nominated for public office in any primary or elected to public office in any special election unless such candidate shall have received a majority of the votes cast to fill such nomination or public office. To be elected to the office of presidential clcctora, no alatc of candidatca of any political party or body shall be required to receive a majority of the votes cast, but that slate of candidatca of a political party or body shall be elected to such office which receives the highest number of votes caat. In instances where no candidate receives a majority of the votes cast, a run-off primary or special election runoff between the candidates receiving the two highest numbers of votes shall be held. Unless such date is postponed by a court order, such run-off primary or special election runoff shall be held on the twenty-first day after the day of holding the preceding primary or special election, provided that unless postponed by court order, a runoff in the case of a special primary or special election shall be held no sooner than the fourteenth day and no later than the twenty-first day after the day of hold ing the preceding special primary or special election, which run-off day shall be determined by the Secretary of State in a runoff to fill a federal or state office, or by the superintendent in a runoff to fill a county or militia district office. If any candidate eligible to be in a runoff withdraws, dies, or is found to be ineligible, the remaining candidates receiving the two highest numbers of votes shall be the candidates in the runoff. The candidate receiving the highest number of the votes cast in such run-off primary or special election runoff to fill the nomination or public office he such candidate seeks shall be declared the winner. The name of a write-in candidate eligible for election in a runoff shall be printed on the special elec tion run-off election ballot in the independent column. The run-off primary or run -off spe cial election runoff shall be a continuation of the primary or special election for the particu lar office concerned, and only the electors who were entitled to vote in the primary or special election for candidates for that particular office shall be entitled to vote therein; and only those votes cast for the persons designated as candidates in such run-off primary or run off special election runoff shall be counted in the tabulation and canvass of the votes cast. No elector shall vote in a run-off primary in violation of Code Section 21-2-235.
(b) In the event no candidate for the office of Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Com missioncr of Agriculture, or Commiaaioncr of Labor receives a majority of the whole number of votca east in the general election, the Constitutional Officer-3 Election Board shall con tinuc the election for the office in which no candidate received a majority by immediately calling a run-off election and designating a3 candidates therein the candidatca who received the two highest numbers of votca for the particular office concerned and who continue in life and have not declined to continue aa a candidate. This run-off election shall be held on the third Tuesday immediately following the general election. The run-off election ahull be a continuation of the general election for the particular office concerned, and only the clcctofo

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JOURNAL OF THE SENATE

who were entitled to vote in the general election for candidates for that particular office shall be entitled to vote therein, and only those votes cast for the persons dcaignatcd by the Constitutional Officers Election Board as candidates in auch run'off election ahall be counted in the tabulation and canvaoa of the votes cast. The provisions of Code Section 212 408 relating to the convening of the Constitutional Officers Election Board, tranamiaaion of the returns in the general election, and the opening of the returns, their tabulation, can vassing, and publication shall apply to the run off elections provided for by this subsection. On the Tuesday next following the run-off election, the Constitutional Officers Election Board ahall convene, open canvasa, tabulate, and publish the returns of the run off election or elections. The person having the highest number of votes entitled to be counted in the run-off election for each of such offices shall be declared duly elected. To be elected to public office in a general election, a candidate must receive a plurality of the"votes cast in an election to fill such public officeT
(c) In the event that no candidate receives a plurality of the votes cast in a general election or more than one candidate in a general election, special election runoff, or run-off primary receives the highest number of votes cast, a runoff of the general election, special election runoff, or run-off primary between the candidates receiving the two highest num bers of votes shall be held. Unless such date is postponed by a court order, such runoff shall be held on the twenty-first day after the day of holding the preceding general election, spe cial election runoff, or run-off primary; provided that, unless postponed by court order, a runoff resulting from a special election runoff or a special primary runoff shall be held no sooner than the fourteenth day and no later than the twenty-first day after the day of hold ing the preceding special election runoff or special primary runoff, which run-off day shall be determined by the Secretary of State in a runoff to fill a federal or state office, or by the superintendent in a runoff to fill a county or militia district office. If any candidate eligible to be in such runoff withdraws, dies, or is found to be ineligible, the remaining candidates receiving the two highest numbers of votes shall be the candidates in the runoff. The candi date receiving the highest number of the votes cast in such runoff to fill the nomination or public office such candidate seeks shall be declared the winner. The name of a write-in candidate eligible for election in a runoff shall be printed on the run-off election ballot in the independent column. The runoff of a run-off primary or special election runoff shall be a continuation of the primary or special election for the particular office concerned; and the run-off election of a general election shall be a continuation of the general election for the particular office concerned, and only the electors who were entitled to vote for that particu lar office shall be entitled to vote therein; and only those votes cast for the persons desig nated as candidates in such runoff shall be counted in the tabulation and canvass of the votes cast. No elector shall vote in a run-off primary in violation of Code Section 21-2-235.
(d) Until and unless Article V, Section II, Paragraph VIII(b) of the Constitution is amended so as to provide for plurality election of the Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, and Commissioner of Labor, such officers shall continue to be elected by majority vote as pro vided by the law in effect prior to July 1, 1994.71
Section 5. Said title is further amended by striking subsection (a) and (b) of Code Sec tion 21-2-502, relating to certification of election, and inserting in their place new subsec tions to read as follows:
"(a) The pcraon persons receiving a majority the required number of the votes for to be elected to the respective offices named in subparagraph (A) of paragraph (4) of Code Section 21-2-497 shall be declared elected thereto, and certificates of election shall be made by the Constitutional Officers Election Board and issued to each person so elected. The Secretary of State shall lay the certified returns filed with him or her by the Constitutional Officers Election Board before the Governor upon his or her oath of office as Governor; and the Governor, upon the other constitutional officers taking their oaths of office, shall issue a commission under the great seal of the State of Georgia signed by the Governor and coun tersigned by the Secretary of State, to each such person. The Secretary of State shall issue the commission to the person elected Governor.

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1143

(b) (1) Upon completing the tabulation of any election for United States senator or representative in Congress, the Secretary of State shall lay the same before the Governor, who shall immediately issue certificates of election and commissions under the seal of the state, duly signed by himself the Governor and attested by the Secretary of State and de liver the same to the candidates receiving a majority the required number of the votes for to be elected to the respective offices.
(2) The Secretary of State shall issue certificates of election to the persons elected members of the Senate and the House of Representatives of the General Assembly and, between the hours of 12:00 Noon and 1:00 P.M. on the second Monday in January of each odd-numbered year, present before the Senate and the House of Representatives the several returns of the elections of members of the respective houses. In case of a special election the Secretary of State shall issue a certificate of election to each person so elected, and h the Secretary of State shall present the returns of such election to the proper house as soon as received and tabulated by hint the Secretary of State. Immediately upon their taking the oath of office, each member of the Senate and the House of Representatives shall be issued a commission under the great seal of the State of Georgia, signed by the Secretary of State."
Section 6. This Act shall become effective July 1, 1994, and shall apply to elections conducted on or after that date.
Section 7. 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:

Baugh Blitch Broun of 46th Brown of 26th Cheeks Coleman Dean Farrow Gillis Harbison Henson

Hill Hooks Huggins Kemp Langford of 29th Madden Marable Middleton Oliver Parrish Perdue

Those voting in the negative were Senators:

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

Boshears
Burton CoClraoyit*ts Day
Edge

Egan
Glanton GnGuohcuhil enour Isakson
McGuire

Newbill Ragan of 32nd RD al, ston
Turner Tysinger

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JOURNAL OF THE SENATE

Those not voting were Senators:

Abernathy Alien (excused)

Balfour (excused) Bowen

On the passage of the bill, the yeas were 33, nays 17.

Hemmer Langford of 35th (excused)

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

Senator Robinson of the 16th moved that SB 680 be immediately transmitted to the House.

On the motion, the yeas were 32, nays 7; the motion prevailed, and SB 680 was immedi ately transmitted.

SR 546. By Senators Boshears of the 6th and Kemp of the 3rd:

A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the state to incur debt to fund activities associated with the investigation, detoxification, removal, and disposal of any hazardous wastes, hazardous constituents, or hazardous substances at sites where cor rective action is necessary to mitigate a present or future danger to human health or the environment; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section IV, Paragraph I of the Constitution is amended by in serting at the end thereof a new subparagraph (g) to read as follows:

"(g) General obligation to fund activities associated with the investigation, detoxifica tion, removal, and disposal of any hazardous wastes, hazardous constituents, or hazardous substances at sites where corrective action is necessary to mitigate a present or future dan ger to human health or the environment."

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

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

"[ ] YES [ ] NO

Shall the Constitution be amended so as to provide that the state may incur debt to fund activities associated with the investigation, detoxification, removal, and disposal of any hazardous wastes, hazardous constituents, or
hazardous substances?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

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

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

Those voting in the affirmative were Senators:

Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th

Burton Cheeks Clay Coleman Crotts Dean

Edge Egan Gillis Guhl Harbison Hemmer

TUESDAY, MARCH 1, 1994

1145

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

Newbill Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston
Ray
Robinson

Scott Slotin Starr Taylor T, ^ Inompson Turner
Tysinger
Walker

Those voting in the negative were Senators:

Day

Farrow

Gochenour

Those not voting were Senators:

Abernathy Alien (excused)

Balfour (excused) Glanton

Langford of 35th (excused) Middleton

On the adoption of the resolution, the yeas were 47, nays 3.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.
Senator Ray of the 19th introduced the doctor of the day, Dr. George Pursley, Jr. of Augusta, Georgia.
The following bill was taken up to consider House action thereto:

HB 1225. By Representatives Martin of the 47th, Watson of the 139th and Carlisle of the 107th:
A bill to amend Article 12 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to ticket scalping, so as to provide that it shall be unlawful for any person to sell or offer for sale any ticket of admission or other evidence of right of entry to any entertainment event, including, but not limited to, athletic contests, concerts, theater performances, or other entertainments, amusements, or exhibitions to which the general public is admitted.

Senator Broun of the 46th moved that the Senate insist on its amendments to HB 1225.
On the motion, the yeas were 29, nays 0; the motion prevailed, and the Senate insisted on its amendments to HB 1225.
The Calendar was resumed.

SB 704. By Senators Walker of the 22nd and Brown of the 26th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for a statement of intent; to define certain terms; to provide that genetic testing shall be conducted for certain purposes only; to pro vide that information derived from genetic testing is confidential and privileged; to prohibit genetic testing without the consent of the individual; to prohibit re lease of the results of genetic testing without specific consent of the person tested.

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

1146

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:

Baugh Blitch Boshears
Bowen Broun of 46th Brown of 26th

Glanton Gochenour Guhl
Hemmer Henson Hm

Parrish Perdue Pollard
Ragan of llth Ragan of 32nd Ralston

Sp. ells p, C rotts j ay D ean Edge Egan Farrow Gillis

HIsakskos n Kemp Langford of 29th Madden Marable McGuire Middleton Newbill Oliver

RRaoybi. nson Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Alien (excused) Balfour (excused)

Harbison Huggins

Langford of 35th (excused) Scott

On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed.

SR 547. By Senators Ragan of the llth and Turner of the 8th:
A resolution authorizing the conveyance of certain state owned real property lo cated in Grady County, Georgia; to provide an effective date.

Senator Egan of the 40th offered the following amendment:
Amend SR 547 by adding on line 20, page 2 the words "and the Georgia General Assem bly" after the word "Commission".
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:

Clay Crotts p,,
Glanton

Gochenour Guhl Isakson McGuire Newbill

Oliver Ragan of 32nd Ralston Slotin Tysinger

Those voting in the negative were Senators:

Baugh Boshears Bowen Broun of 46th

Brown of 26th Burton Cheeks Coleman

Dean Farrow Gillis Harbison

TUESDAY, MARCH 1, 1994

1147

Hemmer Henson Hill Hooks Huggins Kemp Langford of 29th Madden

Marable Middleton Parrish Perdue Pollard Ragan of llth Ray

Those not voting were Senators:

Abernathy Alien (excused)

Balfour (excused) Blitch

Robinson Scott Taylor Thomas Thompson Turner Walker
Langford of 35th (excused) Starr

On the adoption of the amendment, the yeas were 16, nays 34, and the amendment was lost.
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 Boshears Bowen Broun of 46th Burton Cheeks Clay Coleman Crotts Day Dean Edge Egan Farrow Gillis Glanton

Gochenour Guhl Harhison Hemmer Henson Hooks Huggins Isakson Kemp Langford of 29th Madden Marable McGuire Middleton Oliver

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

Voting in the negative was Senator Newbill.

Those not voting were Senators:

Abernathy Alien (excused) Balfour (excused)

Blitch Brown of 26th Hill

Langford of 35th (excused) Starr Walker

On the adoption of the resolution, the yeas were 46, nays 1.
The resolution, having received the requisite constitutional majority, was adopted.
Senator Ragan of the llth moved that SR 547 be immediately transmitted to the House.

1148

JOURNAL OF THE SENATE

On the motion, the yeas were 37, nays 0; the motion prevailed, and SR 547 was immedi ately transmitted.
Senator Baugh of the 25th introduced Honorable Hugh Proctor Thompson, Supreme Court Justice, commended by SR 564, adopted previously, who addressed the Senate briefly.
The Calendar was resumed.

SR 456. By Senators Robinson of the 16th, Hooks of the 14th, Ray of the 19th and Edge of the 28th:

A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to create, by law, a State Commission on Judicial Compensation and to authorize such com mission to establish, subject to amendment or rejection by the General Assembly, the com pensation of Justices of the Supreme Court, Judges of the Court of Appeals, and judges of the superior courts and to provide that the General Assembly shall not be deprived of the power to enact laws establishing or changing the compensation of Justices of the Supreme Court, Judges of the Court of Appeals, and judges of the superior courts; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VI, Section VII, Paragraph V of the Constitution is amended by designating the existing provisions of Paragraph V as subparagraph (a) thereof and by ad ding at the end thereof a new subparagraph (b) to read as follows:
"(b) Notwithstanding the provisions of Article III, Section I, Paragraph I and subpara graph (a) of this Paragraph, the General Assembly is authorized to create, by law, a State Commission on Judicial Compensation and to authorize such commission to establish, sub ject to amendment or rejection by the General Assembly, the compensation of Justices of the Supreme Court, Judges of the Court of Appeals, and judges of the superior courts. The provisions of this subparagraph or of any law enacted pursuant to this subparagraph shall not limit or deprive the General Assembly of the power to enact laws establishing or chang ing the compensation of Justices of the Supreme Court, Judges of the Court of Appeals, and judges of the superior courts, provided that an incumbent's salary, allowance, or supplement shall not be decreased during the incumbent's term of office."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"[ ] YES [ ] NO

Shall the Constitution be amended so as to authorize the General Assembly to create, by law, a State Commission on Judicial Compensation and to authorize such commission to establish, subject to amendment or rejection by the General Assembly, the compensation of Justices of the Supreme Court, Judges of the Court of Appeals, and judges of the superior courts and to provide that the General Assembly shall not be deprived of the power to enact laws establishing or changing the compensation of Justices of the Su preme Court, Judges of the Court of Appeals, and judges of the superior courts?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

TUESDAY, MARCH 1, 1994

1149

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Baugh Boshears Bowen Broun of 46th Brown of 26th Cheeks CCloalyeman Crotts
Dean Edge Egan Farrow Gillis

Guhl Harbison Henson Hill Hooks Isakson LMaandgdfeonrd of 29th Marable
Middleton Newbill Oliver Parrish Pollard

Those voting in the negative were Senators:

Ragan of llth Ragan of 32nd Ralston Ray Robinson n .. ,lot. m btarr
Taylor Thompson Turner Tysinger Walker

Burton Day Glanton

Gochenour Hemmer

Those not voting were Senators:

Huggins McGuire

Abernathy Alien (excused) Balfour (excused)

Blitch

Perdue

Kemp

Thomas

Langford of 35th (excused)

On the adoption of the resolution, the yeas were 41, nays 7.

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

Senator Robinson of the 16th moved that SR 456 be immediately transmitted to the House.

On the motion, the yeas were 32, nays 2; the motion prevailed, and SR 456 was immedi ately transmitted.

The following bill was taken up to consider the House action thereto:

SB 626. By Senators Robinson of the 16th, Ray of the 19th, Gillis of the 20th and others:
A bill to amend Article 4 of Chapter 3 of Title 22 of the Official Code of Georgia Annotated, relating to the exercise of the power of eminent domain for construc tion and operation of petroleum and gas pipelines, so as to provide for legislative findings; to create the Petroleum Pipeline Study Committee to study the need for statutory land use controls or restrictions related to the siting and regulation of petroleum pipelines; to provide for the abolishment of the study committee on January 1, 1995.

1150

JOURNAL OF THE SENATE

The House substitute to SB 626 was as follows:
A BILL
To be entitled an Act to amend Article 4 of Chapter 3 of Title 22 of the Official Code of Georgia Annotated, relating to the exercise of the power of eminent domain for construction and operation of petroleum and gas pipelines, so as to provide for legislative findings; to create the Petroleum Pipeline Study Committee to study the need for statutory land use controls or restrictions related to the siting and regulation of petroleum pipelines; to provide for the abolishment of the study committee on January 1, 1995; to suspend the exercise of the right of eminent domain in this state by petroleum pipeline corporations for a period ending on March 31, 1995; to provide for applicability; to provide for a waiver; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA;
Section 1. Article 4 of Chapter 3 of Title 22 of the Official Code of Georgia Annotated, relating to the exercise of the power of eminent domain for construction and operation of petroleum and gas pipelines, is amended by designating Code Sections 22-3-80 through 223-83 as Part 2 of Article 4 and by inserting a new Part 1 of Article 4 to read as follows:
"Part 1
22-3-70. With respect to the siting and regulation of petroleum pipelines in this state, the General Assembly finds that:
(1) The natural resources, environment, and vital areas of the state are of vital impor tance to the state and its citizens and the State of Georgia has an essential public interest in establishing minimum standards for land use in order to protect and preserve its natural resources, environment, and vital areas;
(2) In furtherance of the goals stated in paragraph (1) of this Code section, the State of Georgia has implemented a process of identifying areas of 'regionally important resources,' which areas are to be protected from development through the creation of management plans that provide recommendations and guidelines for development in these areas, and the initial management plans for three such preliminary designated areas are expected to be completed and approved by the Department of Community Affairs by 1995;
(3) The siting, construction, and operation of petroleum pipelines create significant im pacts on land, including, among other things, the destruction of property, buildings, crops, forests, wetlands, and wildlife habitat associated with the construction of such pipelines; the permanent and continued clearing of the pipeline path necessary for aerial surveillance, thereby eliminating the possibility of many types of land use on such property, including the growth of trees; and restrictions on other land development on or along the pipeline path that may be inconsistent with the pipeline's operation and safety;
(4) The siting, construction, and operation of petroleum pipelines further create signifi cant potential impacts on land usage, including, among other things, impacts associated with slow leakage of product into ground water and surrounding areas that may go unde tected for long periods of time; impacts associated with catastrophic spills and ruptures that may seriously pollute surface and ground waters, destroy wildlife and wildlife habitat, and threaten water supplies, including such spills as those occurring on Colonial Pipeline Com pany pipelines in March, 1993, near Herndon, Virginia; in December, 1991, near Greenville, South Carolina; and in December, 1989, near Fredericksburg, Virginia; and impacts associ ated with additional development in or around pipeline paths that may result in damage to pipelines and leakage or spilling of product;
(5) There has occurred in this state a significant pollution of ground water in Crawford County, approximately ten miles north of Fort Valley, by petroleum products which leaked undetected from a Colonial Pipeline Company pipeline during the period of 1973 through 1976, the impact of which is only now being discovered and ascertained;

TUESDAY, MARCH 1, 1994

1151

(6) The impacts on land associated with the siting, construction, and operation of petro leum pipelines may be inconsistent with standards for land use necessary to protect and preserve the State of Georgia's natural resources, environment, and vital areas and also may be inconsistent with any management plans developed for areas of 'regionally important resources' approved by 1995 for the areas preliminarily designated as such;
(7) State law presently provides that '(a)ny corporation engaged in constructing, run ning, or operating pipelines in this state as a common carrier in interstate or intrastate commerce for the transportation of petroleum and petroleum products shall have the right of eminent domain'; (Code Section 22-3-80);
(8) Petroleum pipeline companies are not governmental entities subject to the political process, nor are they quasi-public entities whose siting decisions are subject to review by a public service commission;
(9) The federal Hazardous Liquid Pipeline Safety Act of 1979 does not require any preconstruction review or permit prior to the siting and construction of a petroleum pipe line, and the State of Georgia does not have a petroleum pipeline siting law that would require state review of the land use and environmental impacts of petroleum pipeline com pany siting decisions;
(10) One or more petroleum pipeline extensions or developments are under considera tion for the State of Georgia that may involve the exercise of rights under Code Section 223-80 by 1995;
(11) There is no urgent public need for additional petroleum pipelines by 1995 because alternative sources of delivery of petroleum products exist and are presently serving the public need for such product;
(12) The vitally important issue of land use impacts associated with petroleum pipelines merits a detailed study by elected officials and experts in this field to ensure that the exer cise of eminent domain rights by petroleum pipeline companies is carried out in a prudent and responsible manner consistent with Georgia's essential public interest in establishing minimum standards for land use in order to protect and preserve its natural resources, envi ronment, and vital areas;
(13) A temporary moratorium on the eminent domain rights of petroleum pipeline com panies through the end of the 1995 legislative session would provide the General Assembly with time to study the need for land use controls or restrictions related to petroleum pipe lines, including but not limited to those related to siting of pipelines, and to assess various proposals for placing restrictions on the eminent domain rights that petroleum pipeline companies presently enjoy or proposals for enacting laws ensuring the consistency of petro leum pipeline development and operation with the state's land use goals and standards; and
(14) A temporary moratorium on the eminent domain rights of petroleum pipeline com panies through the end of the 1995 legislative session would permit the Department of Com munity Affairs to complete the process of developing management plans for areas desig nated in the state as 'regionally important resources,' which plans may contain recommendations and guidelines for the inclusion or exclusion of petroleum pipelines in such areas.
22-3-71. There is created the Petroleum Pipeline Study Committee to be composed of three members of the House of Representatives to be appointed by the Speaker of the House of Representatives; three members of the Senate to be appointed by the President of the Senate; the commissioner of natural resources or his or her designee; the commissioner of community affairs or his or her designee; and five members to be appointed by the Gover nor, which members shall represent a cross-section of the interests of local government, bus iness, agriculture, and conservation. The Speaker of the House of Representatives and the President of the Senate shall each select a cochairperson. The cochairpersons shall call all meetings of the committee. Technical support for the committee shall be provided by the staff of the Office of Planning and Budget, the staff of the department of Natural Resources, or the staff of the Department of Community Affairs, as appropriate.

1152

JOURNAL OF THE SENATE

22-3-72. (a) The Petroleum Pipeline Study Committee shall perform the following by December 31, 1994:
(1) Examine the impacts on land associated with petroleum pipeline siting, construc tion, and operation, including impacts associated with potential leaks and spills;
(2) Examine the current legal and regulatory structure pertinent to the protection of land uses and natural resources from impacts associated with petroleum pipeline siting, con struction, and operation;
(3) Examine the purposes behind and necessity, if any, of Code Section 22-3-80 and the grant therein of eminent domain rights to petroleum pipeline companies;
(4) Consider the extent to which the rights granted petroleum pipeline companies under Code Section 22-3-80, and more broadly the existing legal and regulatory system pertinent to the siting, construction, and operation of petroleum pipelines, are consistent with and implement Georgia's essential public interest in establishing minimum standards for land use in order to protect and preserve its natural resources, environment, and vital areas;
(5) Consider legal and regulatory mechanisms by which the eminent domain rights of petroleum pipeline companies can be appropriately restricted or controlled in order to en sure siting of pipelines that is consistent with state and local land use policies and the pro tection of natural resources;
(6) Take into account any management plans developed for areas of 'regionally impor tant resources' by the Department of Community Affairs and consider means of strengthen ing and implementing the recommendations of such plans as to petroleum pipelines;
(7) Prepare a report summarizing the findings of the committee; and
(8) Recommend to the General Assembly proposed legislation as necessary to accom plish the goal of ensuring that petroleum pipeline siting, construction, and operation are consistent with and implement Georgia's essential public interest in establishing minimum standards for land use in order to protect and preserve its natural resources, environment, and vital areas.
(b) The legislative members of the committee shall be entitled to receive the compensa tion and allowances authorized for legislative members of interim study committees from funds appropriated to the House of Representatives and the Senate. The members of the committee who are members of state government shall be reimbursed for their actual ex penses incurred in connection with the commission by the respective agency which employs the member. The members of the committee who are neither legislative nor state govern ment members shall be entitled to receive the compensation and allowances authorized for legislative members of interim study committees and the funds for payment thereof shall come from funds of the Department of Natural Resources. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its power, perform its duties, and accomplish the objectives and purposes of this Code section. The committee shall stand abolished on Janu ary 1, 1995."
Section 2. Said article is further amended by adding to Code Section 22-3-80, relating to the power of corporations constructing and operating petroleum pipelines to condemn property, new subsections (d), (e), and (f) to read as follows:
"(d) The rights of eminent domain granted by this Code section are temporarily sus pended from the effective date of this subsection through and until March 31, 1995, in order to permit the Petroleum Pipeline Study Committee created by Code Section 22-3-71 to complete its report and recommendations and to permit the General Assembly to act on those recommendations during the 1995 legislative session. Between the effective date of this subsection and March 31, 1995, any corporation engaged in constructing, running, or operating pipelines in this state as a common carrier in interstate or intrastate commerce for

TUESDAY, MARCH 1, 1994

1153

the transportation of petroleum and petroleum products may not exercise any eminent do main rights under this Code section, including, without limitation, the conducting of survey ing activities and the condemnation of any property through the exercise of eminent domain.
(e) The temporary suspension of the right of eminent domain provided in subsection (d) of this Code section shall not apply to acquisitions for the purpose of establishing the right to maintain an existing pipeline in place or to acquisitions within 200 feet of an ex isting petroleum pipeline for purposes of line replacements or relocations or for purposes of temporary work space for repairs of existing petroleum pipelines.
(f) Between the effective date of this subsection and March 31, 1995, any corporation engaged in constructing, running, or operating pipelines in this state as a common carrier in interstate or intrastate commerce for the transportation of petroleum and petroleum prod ucts may apply to the executive director of the State Properties Commission for a waiver of the temporary suspension of the rights of eminent domain provided in subsection (d) of this Code section based upon facts which demonstrate an essential and immediate need to pro ceed with the survey, study, and acquisition of the land in question and which demonstrate no substantial adverse impact upon the environment arising from the acquisition. The exec utive director of the State Properties Commission is authorized to grant such waivers after consultation with the Department of Transportation and the Department of Natural Re sources and any other appropriate state agencies. The executive director shall make a deter mination on any request for a waiver within 30 days of the receipt of a request. A decision by the executive director of the State Properties Commission to deny a waiver of the tempo rary suspension of the right of eminent domain as to a particular piece of property may be reviewed by the State Properties Commission at its next regularly scheduled meeting. The State Properties Commission may affirm, modify, or reverse the decision of the executive director upon its review."
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 Robinson of the 16th moved that the Senate agree to the House substitute to SB 626.
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 BCC,,._,,lh,uaeryteoki ns Coleman Crotts Day
Dean Edge Egan Farrow Gillis

Glanton Gochenour Guhl Harbison Hemmer HTHTHTToie-linoli ksi osn Huggins Isakson Kemp
Langford of 29th Madden Marable McGuire Middleton

Newbill Oliver Parrish Pollard Ragan of llth nK,,K,,oaafgl,,sat,,non,,norf Q a^ ^cott blotln
Starr Taylor Thompson Turner Tysinger

1154

JOURNAL OF THE SENATE

Those not voting were Senators:

Abernathy Alien (excused) Balfour (excused)

Blitch Langford of 35th (excused) Perdue

Robinson Thomas Walker

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 626.
Senator Robinson of the 16th, President Pro Tempore, assumed the Chair.
The Calendar was resumed.

SR 548. By Senators Cheeks of the 23rd and Walker of the 22nd:
A resolution authorizing the conveyance of certain state owned real property lo cated in Richmond County, Georgia; to provide for the conveyance of said prop erty back to the State of Georgia under certain conditions; to provide an effective date.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Gillis Glanton Gochenour Guhl Harbison Hemmer Henson Hill Muggins Isakson Kemp Langford of 29th Madden Marable McGuire Middleton

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

Voting in the negative was Senator Newbill.

Those not voting were Senators:

Abernathy Alien (excused) Balfour (excused)

Hooks

Perdue

Langford of 35th (excused) Robinson (presiding)

On the adoption of the resolution, the yeas were 48, nays 1.
The resolution, having received the requisite constitutional majority, was adopted.
Senator Cheeks of the 23rd moved that SR 548 be immediately transmitted to the House.

TUESDAY, MARCH 1, 1994

1155

On the motion, the yeas were 39, nays 0; the motion prevailed, and SR 548 was immedi ately transmitted.

SB 668. By Senators Dean of the 31st and Ray of the 19th:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relating to counties, so as to provide for minutes of meetings of county governing authorities; to provide that certain documents may be incorporated by reference; to provide an effective date.

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

Baugh Blitch Boshears Bowen Broun of 46th Burton Cheeks Clay Crotts Day Dean Edge Egan Farrow Gillis Glanton

Gochenour Guhl Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable McGuire Middleton Newbill

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

Those not voting were Senators:

Abernathy Alien (excused) Balfour (excused)

Brown of 26th

Perdue

Coleman

Robinson (presiding)

Langford of 35th (excused) Starr

On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 698. By Senators Boshears of the 6th and Kemp of the 3rd:
A bill to amend Code Section 12-8-94 of the Official Code of Georgia Annotated, relating to the powers and duties of the director of the Environmental Protection Division of the Department of Natural Resources, so as to authorize the director to request the Georgia State Financing and Investment Commission for the issu ance of public debt to fund activities to correct hazardous waste sites; to provide that any moneys recovered from responsible persons shall be applied to reduce such indebtedness.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

1156

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:

Baugh Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Crotts Dean Edge Egan Farrow Gillis Gochenour

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

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

Those voting in the negative were Senators:

Day

Glanton

Guhl

Those not voting were Senators:

Abernathy Alien (excused) Balfour (excused)

Blitch Coleman Langford of 35th (excused)

Perdue Robinson (presiding) Starr

On the passage of the bill, the yeas were 44, nays 3.

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

SB 669. By Senators Dean of the 31st and Ray of the 19th:
A bill to amend Code Section 43-14-13 of the Official Code of Georgia Annotated, relating to the applicability of Chapter 14 of Title 43 concerning the regulation of electrical contractors, plumbers, conditioned air contractors, low-voltage contrac tors, and utility contractors, so as to provide that said Chapter 14 of Title 43 shall not prohibit any propane dealer who is properly insured as required by law and who holds a liquefied petroleum gas license issued by the Safety Fire Com missioner from installing, repairing, or servicing a propane system or the gas pip ing or components of such system.
The Senate Science, Technology and Industry Committee offered the following substi tute to SB 669:
A BILL
To be entitled an Act to amend Code Section 43-14-13 of the Official Code of Georgia Annotated, relating to the applicability of Chapter 14 of Title 43 concerning the regulation of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to provide that said Chapter 14 of Title 43 shall not prohibit any propane dealer who is properly insured as required by law and who holds a liquefied petro leum gas license issued by the Safety Fire Commissioner from installing, repairing, or servic ing a propane system or the gas piping or components of such system; to provide that such propane dealers shall be prohibited from performing the initial installation of conditioned air and heating systems unless licensed to do so; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 43-14-13 of the Official Code of Georgia Annotated, relating to

TUESDAY, MARCH 1, 1994

1157

the applicability of Chapter 14 of Title 43 concerning the regulation of electrical contrac tors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, is amended by adding at the end thereof a new subsection (o) to read as follows:
"(o) This chapter shall not prohibit any propane dealer who is properly insured as re quired by law and who holds a liquefied petroleum gas license issued by the Safety Fire Commissioner from installing, repairing, or servicing a propane system or the gas piping or components of such system; provided, however, that such propane dealers shall be prohib ited from performing the initial installation of conditioned air and heating systems unless licensed to do so."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Baugh Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Crotts Day Dean Edge Egan Farrow Gillis Glanton

Gochenour Guhl Harbison Hemmer Henson Hill Hooks Huggins Kemp Langford of 29th Madden Marable McGuire Middleton Newbill Oliver

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

Those not voting were Senators:

Abernathy Alien (excused) Balfour (excused)

Blitch Coleman Isakson

Langford of 35th (excused) Robinson (presiding)

On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute.

SB 659. By Senators Baugh of the 25th and Kemp of the 3rd:
A bill to amend Part 1 of Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to duties of tax receivers, so as to provide for certifi cations of tax digests.

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

1158

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:

Baugh Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Crotts Day Edge Egan Farrow Gillis Glanton

Gochenour Guhl Harbison Hemmer Henson Hill Hooks Isakson Langford of 29th Madden Marable McGuire Middleton Newbill Oliver

Parrish Pollard Ragan of llth Ragan of 32nd Ralston
Ri\anyv
Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Alien (excused) Balfour (excused) Blitch

Coleman Dean Huggins Kemp

Langford of 35th (excused) Perdue Robinson (presiding) Walker

On the passage of the bill, the yeas were 44, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 637. By Senator Oliver of the 42nd:
A bill to amend Code Section 9-15-14 of the Official Code of Georgia Annotated, relating to litigation costs and attorney's fees in frivolous actions, so as to provide that a motion for attorney's fees may be made at any time during the course of the action.

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

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

Those voting in the affirmative were Senators:

Baugh Blitch Bowen Brc un of 46th Brown of 26th Bui ton Clay Coleman Crotts Day Dean Edge Farrow Gillis Glanton

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

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

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Those voting in the negative were Senators:

Boshears Cheeks

Egan Guhl

Those not voting were Senators:

Abernathy Alien (excused)

Balfour (excused) Langford of 35th (excused)

McGuire Newbill
Robinson (presiding) Walker

On the passage of the bill, the yeas were 44, nays 6. The bill, having received the requisite constitutional majority, was passed. Senator Gillis of the 20th assumed the Chair.

SB 657. By Senators Robinson of the 16th and Newbill of the 56th:
A bill to amend Article 4 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to lobbyist registrations and reports, so as to provide for quarterly reports for certain lobbyists; to provide for effective dates.

The Senate Ethics Committee offered the following substitute to SB 657:

A BILL

To be entitled an Act to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, the "Ethics in Government Act," so as to change provisions relating to campaign finance and lobbyist disclosure; to authorize the acceptance of certain campaign contribu tions at certain times under certain conditions; to change provisions relating to certain fees and penalties; to provide for periodic reports for certain lobbyists; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Chapter 5 of Title 21 of the Official Code of Georgia Annotated, the "Ethics in Government Act," is amended by adding immediately after Code Section 21-5-35 a new Code Section 21-5-35.1 to read as follows:

"21-5-35.1. A contribution for the purpose of influencing any general election may be made or accepted or both prior to the date of the preceding primary election, subject to the following limitations:

(1) If any contribution for a general election is accepted prior to the date of the preced ing primary election, then all contributions for the general election must be accounted for separately from other contributions; and

(2) If a candidate in a primary election has accepted contributions for the general elec tion prior to the date of the primary election and the candidate does not win nomination in the primary election, then all such contributions must be refunded to the contributors.

The provisions of this Code section shall control over any other provision of this chap ter with respect to the subject matter of this Code section, except that nothing in this Code section shall be construed to authorize the otherwise prohibited acceptance of a campaign contribution during a legislative session."

Section 2. Said chapter is further amended by striking paragraph (2) of subsection (f) of Code Section 21-5-71, relating to registration of lobbyists, and inserting in its place a new paragraph to read as follows:

"(2) The commission shall collect the following fees:

(A) Annual lobbyist registration filed pursuant to this Code section

$200.00

(B) Lobbyist supplemental registration filed pursuant to this Code section 10.00

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(C) Each lobbyist identification card issued pursuant to this Code section ... 5.00 4B> Each lobbyist report filed pursuant to Code Section 21-6-73 ............. *fte {B} (D) In addition to other penalties provided under this chapter, an addi tional filing fee a penalty of $50.00 shall be imposed for each report that is filed late. In addition, a filing fee penalty of $25.00 shall be imposed on the fifteenth day after the due date if the report has still not been filed."

Section 3. Said chapter is further amended by striking subsection (b) of Code Section 21-5-73, relating to disclosure reports, and inserting in its place the following:
"(b) A monthly disclosure report, current through the end of the preceding month, shall be filed on or before the fifth day of any month while the General Assembly is in session. A person who is a lobbyist pursuant to subparagraph (D) or (E) of paragraph (6) of Code Section 21-5-70 shall file a quarterly disclosure report, current through the end of the preceding month, on or before the last day of April, August, and November of eachyyeear instead of the reports otherwise required by_s_u_bs_e_ct_io_n_(_c)_o_f_t_hi_s_C_o_de__se_ct_io_n_a_nTd Hthee first sentence of this subsection."
Section 4. Said chapter is further amended by striking subparagraph (d)(l)(D) of Code Section 21-5-73, relating to disclosure reports, and inserting in its place the following:
"(D) If applicable, the number of the bill, resolution, ordinance, or regulation pending before the governmental entity in support of or opposition to which the expenditure was made; and".
Section 5. (a) Except as otherwise provided in this section, the provisions of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
(b) Sections 2, 3, and 4 of this Act shall become effective only if HB 1298 passed during the 1994 regular session of the General Assembly is approved by the Governor or becomes law without such approval. If HB 1298 so becomes law with or without the Governor's ap proval, then Sections 2, 3, and 4 of this Act shall become effective on the same date upon which HB 1298 becomes effective. If HB 1298 does not so become effective, then Sections 2, 3, and 4 of this Act shall not take effect.
Section 6. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 42, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Coleman Dean Farrow Gochenour Harbison Hemmer

Henson Hill Hooks Huggins Langford of 29th Madden Marable McGuire 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 voting in the negative were Senators:

Clay Crotts Day

Edge Egan Glanton

Those not voting were Senators:

Abernathy Alien (excused)

Balfour (excused) Gillis (presiding)

Guhl Isakson
Kemp Langford of 35th (excused)

On the passage of the bill, the yeas were 42, nays 8.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Robinson of the 16th moved that SB 657 be immediately transmitted to the House.
On the motion, the yeas were 36, nays 6; the motion prevailed, and SB 657 was immedi ately transmitted.
Senator Robinson of the 16th, President Pro Tempore, assumed the Chair.
Senator Ray of the 19th moved that the Senate do now adjourn until 9:30 A.M. to morrow; the motion prevailed and the President Pro Tempore announced the Senate ad journed at 12:26 P.M.

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Senate Chamber, Atlanta, Georgia Wednesday, March 2, 1994
Thirty-third Legislative Day
The Senate met pursuant to adjournment at 9:30 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 1844. By Representative Lane of the 55th: A bill to amend an Act establishing a new charter for the City of East Point, so as to authorize the city to provide by ordinance for the creation of a mediation system for appeals of city employees and officials.
HB 1928. By Representatives Cauthorn of the 35th, Hammond of the 32nd, Vaughan of the 34th, Towery of the 30th, Ehrhart of the 36th and others: A bill to amend an Act reincorporating the City of Marietta, so as to deannex a certain area of the city.
HB 1937. By Representative Carter of the 166th: A bill to amend an Act providing and establishing a new charter for the Town of Alapaha, so as to change and clarify the provisions relating to the incorporation and general powers of the Town of Alapaha and the provisions relating to the establishment, composition, form, election, and terms of the governing authority.
HB 1938. By Representatives Hammond of the 32nd, Cauthorn of the 35th, Barnes of the 33rd, Shipp of the 38th, Clark of the 40th and others: A bill to amend an Act reincorporating the City of Marietta, so as to change the corporate limits of the city.
HB 1944. By Representative Hanner of the 159th: A bill to create a board of elections and registration for Terrell County and pro vide for its powers and duties.
SB 654. By Senators Boshears of the 6th and Kemp of the 3rd: A bill to provide a homestead exemption from all Glynn County ad valorem taxes for county purposes for certain residents in the amount of $6,000.00 of the as sessed value of that homestead; to provide a homestead exemption from all Glynn County ad valorem taxes, including taxes levied for the reduction of bonded indebtedness, for certain residents of Glynn County who are 62 years of age or older who have a net income of less than $10,000.00 or are 65 years of age or older who have a net income of less than $10,000.00 in the amount of $12,000.00 of the assessed value of that homestead.

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1163

SB 675. By Senators Boshears of the 6th and Kemp of the 3rd:
A bill to amend an Act creating the Board of Commissioners of Glynn County, as amended, so as to change the composition of the commissioner districts; to pro vide for certain definitions and inclusions; to require submission of this Act to the United States Attorney General for certain approval; to provide for auto matic repeal of this Act under certain circumstances.
HB 1677. By Representatives Floyd of the 172nd, Oliver of the 154th and Milam of the 130th:
A bill to amend Article 2 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to bad checks, so as to create the criminal offense of debit card fraud; to provide that it shall be unlawful to use a debit card to fraudulently withdraw, pay or transfer money from a deposit account in a financial institution.
HB 642. By Representative Randall of the 127th:
A bill to amend Code Section 19-6-15 of the Official Code of Georgia Annotated, relating to child support in final verdict or decree and the computation of such award, so as to provide that the basis of computation shall be net income; to provide that each parent shall prepare a financial statement indicating the amount needed for support.
HB 1229. By Representatives Harris of the 17th, Smith of the 174th, Pinholster of the 15th, Stancil of the 16th and Trense of the 44th:
A bill to amend Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to grants of pardons, paroles, and other relief, so as to pro vide that the State Board of Pardons and Paroles shall as a condition of parole order certain sex offenders to provide notice and information to certain persons and officials in the community where the offenders will reside upon release on parole.
HB 1596. By Representative Barnes of the 33rd:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-volt age contractors, and utility contractors, so as to change the definition of certain terms relating to utility contracting; to change certain provisions regarding the bidding of utility contracting work.
HB 1866. By Representatives Reaves of the 178th, Purcell of the 147th, Royal of the 164th, Hudson of the 156th, Ray of the 128th and others:
A bill to amend Code Section 2-8-27 of the Official Code of Georgia Annotated, relating to assessments to defray expenses of agricultural commodities promo tion, so as to provide that assessments collected shall be used for promotion, research, education, and administrative purposes.
HB 1838. By Representatives Towery of the 30th, Ehrhart of the 36th, Shipp of the 38th and Culbreth of the 132nd:
A bill to amend Chapter 2 of Title 33 of the Official Code of Georgia Annotated, relating to the Department and Commissioner of Insurance, so as to revise provi sions relative to the authority of the Commissioner of Insurance to examine in surers, rating organizations, and other persons and entities; to provide for finan cial condition examinations, market conduct examinations, and rating examinations.

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HB 1861. By Representatives Reaves of the 178th, Floyd of the 138th and Purcell of the 147th:
A bill to amend Article 3 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated, relating to honeybees, so as to provide that no county, municipal cor poration, consolidated government, or other political subdivision of this state may regulate honeybee production or maintenance.
HB 671. By Representatives Reichert of the 126th, Groover of the 125th, Randall of the 127th and Lucas of the 124th:
A bill to amend Part 9 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to provisions relative to the Employees' Retirement System of Georgia applicable to judges, court employees, and certain county em ployees, so as to define certain terms; to provide that certain employees of coun ties who become employees of the Department of Children and Youth Services as a result of the county probation and intake services' may elect to become members.
HB 1825. By Representatives Skipper of the 137th, Childers of the 13th, Carrell of the 87th and Hudson of the 156th:
A bill to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation and construction of hospitals and other health care fa cilities, so as to allow health care providers to enter into cooperative agreements for the provision of health care which may have the effect of lessening competi tion; to provide a short title.
HB 1921. By Representatives Thomas of the 100th, Hammond of the 32nd and Cauthorn of the 35th:
A bill to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to change the definition of employment with respect to unemployment compensation; to change the definition of employee with respect to workers' compensation; to amend Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insuring and indemnification of public officers and employees, so as to provide for insurance with respect to com munity service boards.
HB 1872. By Representative McKinney of the 51st:
A bill to amend Article 2 of Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to arrests, trials, and appeals in traffic cases, so as to provide that the provisions of such article shall not be applicable to the City Court of Atlanta.
HB 1103. By Representative Childers of the 13th:
A bill to amend Code Section 20-3-374 of the Official Code of Georgia Annotated, relating to service cancelable loan funds, so as to provide for such loans for per sons to obtain degrees to practice as registered professional nurses for the De partment of Human Resources or county boards of health.
HB 676. By Representatives Carter of the 166th, Walker of the 141st, Groover of the 125th, Ray of the 128th, Hudson of the 156th and others:
A bill to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Public Service Commission generally, so as to provide that rate schedules approved by the Pub lic Service Commission prior to July 1, 1993, shall be amended to eliminate the

WEDNESDAY, MARCH 2, 1994

1165

long-distance charge for calls between two telephones where the central offices serving such telephones are within 16 miles of each other.
HB 1916. By Representatives Thomas of the 100th and Twiggs of the 8th:
A bill to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to change the provisions re lating to court orders in cases of driving under the influence of alcohol or drugs; to change provisions relating to submission of evidence of satisfactory completion of a DUI Alcohol or Drug Use Risk Reduction Program.
HB 1551. By Representatives Polak of the 67th, Byrd of the 170th, Walker of the 141st, Carlisle of the 107th, Smith of the 175th and others:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for findings of the General Assembly; to create the State Productivity Council.
The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 986. By Representatives Walker of the 141st, Murphy of the 18th, Groover of the 125th, Watts of the 26th, Lee of the 94th and others:
A resolution urging the Museum of Aviation Foundation, Inc., to designate a building at the Museum of Aviation in honor of Honorable Roy H. (Sonny) Wat son, Jr..
HR 712. By Representative Cauthorn of the 35th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to enact general legislation providing for, as pilot projects of limited duration, nonuniform jurisdiction, powers, rules of practice and proce dure, and selection, qualifications, terms, and discipline of judges within a class of courts.
HR 937. By Representatives Reaves of the 178th, Floyd of the 138th, Purcell of the 147th, Royal of the 164th, Hudson of the 156th and others:
A resolution creating the GA 96 AG Joint Steering Committee.
HR 808. By Representatives Sherrill of the 62nd, Childers of the 13th, White of the 161st, Skipper of the 137th, Chambless of the 163rd and others:
A resolution urging the Governor's Council on Developmental Disabilities and the Department of Human Resources in cooperation with other individuals and groups to develop a comprehensive family and support plan for persons with dis abilities and needed legislation.
HR 875. By Representatives Parrish of the 144th, Trense of the 44th, Martin of the 47th, Sinkfield of the 57th and Childers of the 13th:
A resolution creating the Joint Steering Committee for the Georgia General As sembly's Conference on Health Care Reform/Managed Health Care.

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HR 863. By Representatives Murphy of the 18th, Twiggs of the 8th, Greene of the 158th, Walker of the 141st, Groover of the 125th and others: A resolution designating the Carlton H. Colwell Probation Detention Center.
The House has agreed to the Senate substitute, as amended by the House, to the fol lowing bill of the House:
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.
The following bills and resolution of the Senate were introduced, read the first time and referred to committees:
SB 722. By Senators Henson of the 55th and Parrish of the 43rd: A bill to amend Code Section 20-2-1130 of the Official Code of Georgia Anno tated, relating to duties of law enforcement and school officials as to traffic safety around schools, so as to require the governing authority of each county in this state to provide and compensate school crossing guards at schools within the county school system.
Referred to Committee on Education.
SR 568. By Senators Henson of the 55th and Parrish of the 43rd: A resolution creating the Senate Pain Management Study Committee.
Referred to Committee on Rules.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 642. By Representative Randall of the 127th: A bill to amend Code Section 19-6-15 of the Official Code of Georgia Annotated, relating to child support in final verdict or decree and the computation of such award, so as to provide that the basis of computation shall be net income; to provide that each parent shall prepare a financial statement indicating the amount needed for support.
Referred to Committee on Judiciary.
HB 671. By Representatives Reichert of the 126th, Groover of the 125th, Randall of the 127th and Lucas of the 124th: A bill to amend Part 9 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to provisions relative to the Employees' Retirement System of Georgia applicable to judges, court employees, and certain county em ployees, so as to define certain terms; to provide that certain employees of coun ties who become employees of the Department of Children and Youth Services as a result of the county probation and intake services' may elect to become members.
Referred to Committee on Retirement.
HB 676. By Representatives Carter of the 166th, Walker of the 141st, Groover of the 125th and others: A bill to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Public Service

WEDNESDAY, MARCH 2, 1994

1167

Commission generally, so as to provide that rate schedules approved by the Pub lic Service Commission prior to July 1, 1993, shall be amended to eliminate the long-distance charge for calls between two telephones where the central offices serving such telephones are within 16 miles of each other.
Referred to Committee on Finance and Public Utilities.
HB 1103. By Representative Childers of the 13th:
A bill to amend Code Section 20-3-374 of the Official Code of Georgia Annotated, relating to service cancelable loan funds, so as to provide for such loans for per sons to obtain degrees to practice as registered professional nurses for the De partment of Human Resources or county boards of health.
Referred to Committee on Higher Education.
HB 1229. By Representatives Harris of the 17th, Smith of the 174th, Pinholster of the 15th and others:
A bill to amend Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to grants of pardons, paroles, and other relief, so as to pro vide that the State Board of Pardons and Paroles shall as a condition of parole order certain sex offenders to provide notice and information to certain persons and officials in the community where the offenders will reside upon release on parole.
Referred to Committee on Corrections.
HB 1551. By Representatives Polak of the 67th, Byrd of the 170th, Walker of the 141st and others:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for findings of the General Assembly; to create the State Productivity Council.
Referred to Committee on Rules.
HB 1596. By Representative Barnes of the 33rd:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-volt age contractors, and utility contractors, so as to change the definition of certain terms relating to utility contracting; to change certain provisions regarding the bidding of utility contracting work.
Referred to Committee on Science, Technology and Industry.
HB 1677. By Representatives Floyd of the 172nd, Oliver of the 154th and Milam of the 130th:
A bill to amend Article 2 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to bad checks, so as to create the criminal offense of debit card fraud; to provide that it shall be unlawful to use a debit card to fraudulently withdraw, pay or transfer money from a deposit account in a financial institution.
Referred to Committee on Banking and Financial Institutions.
HB 1825. By Representatives Skipper of the 137th, Childers of the 13th, Carrell of the 87th and Hudson of the 156th:
A bill to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation and construction of hospitals and other health care fa cilities, so as to allow health care providers to enter into cooperative agreements

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for the provision of health care which may have the effect of lessening competi tion; to provide a short title. Referred to Committee on Health and Human Services.
HB 1838. By Representatives Towery of the 30th, Ehrhart of the 36th, Shipp of the 38th and Culbreth of the 132nd:
A bill to amend Chapter 2 of Title 33 of the Official Code of Georgia Annotated, relating to the Department and Commissioner of Insurance, so as to revise provi sions relative to the authority of the Commissioner of Insurance to examine in surers, rating organizations, and other persons and entities; to provide for finan cial condition examinations, market conduct examinations, and rating examinations. Referred to Committee on Insurance and Labor.
HB 1861. By Representatives Reaves of the 178th, Floyd of the 138th and Purcell of the 147th:
A bill to amend Article 3 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated, relating to honeybees, so as to provide that no county, municipal cor poration, consolidated government, or other political subdivision of this state may regulate honeybee production or maintenance. Referred to Committee on Agriculture.
HB 1866. By Representatives Reaves of the 178th, Purcell of the 147th, Royal of the 164th and others:
A bill to amend Code Section 2-8-27 of the Official Code of Georgia Annotated, relating to assessments to defray expenses of agricultural commodities promo tion, so as to provide that assessments collected shall be used for promotion, research, education, and administrative purposes.
Referred to Committee on Agriculture.
HB 1872. By Representative McKinney of the 51st:
A bill to amend Article 2 of Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to arrests, trials, and appeals in traffic cases, so as to provide that the provisions of such article shall not be applicable to the City Court of Atlanta. Referred to Committee on Judiciary.
HB 1916. By Representatives Thomas of the 100th and Twiggs of the 8th:
A bill to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to change the provisions re lating to court orders in cases of driving under the influence of alcohol or drugs; to change provisions relating to submission of evidence of satisfactory completion of a DUI Alcohol or Drug Use Risk Reduction Program. Referred to Committee on Judiciary.
HB 1921. By Representatives Thomas of the 100th, Hammond of the 32nd and Cauthorn of the 35th:
A bill to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to change the definition of employment with respect to unemployment compensation; to change the definition of employee with respect to workers' compensation; to amend Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insuring and indemnification of

WEDNESDAY, MARCH 2, 1994

1169

public officers and employees, so as to provide for insurance with respect to com munity service boards. Referred to Committee on Judiciary.
HR 712. By Representative Cauthorn of the 35th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to enact general legislation providing for, as pilot projects of limited duration, nonuniform jurisdiction, powers, rules of practice and proce dure, and selection, qualifications, terms, and discipline of judges within a class of courts. Referred to Committee on Judiciary.
HR 808. By Representatives Sherrill of the 62nd, Childers of the 13th, White of the 161st and others:
A resolution urging the Governor's Council on Developmental Disabilities and the Department of Human Resources in cooperation with other individuals and groups to develop a comprehensive family and support plan for persons with dis abilities and needed legislation. Referred to Committee on Health and Human Services.
HR 863. By Representatives Murphy of the 18th, Twiggs of the 8th, Greene of the 158th and others:
A resolution designating the Carlton H. Colwell Probation Detention Center. Referred to Committee on Corrections.
HR 875. By Representatives Parrish of the 144th, Trense of the 44th, Martin of the 47th and others:
A resolution creating the Joint Steering Committee for the Georgia General As sembly's Conference on Health Care Reform/Managed Health Care. Referred to Committee on Health and Human Services.
HR 937. By Representatives Reaves of the 178th, Floyd of the 138th, Purcell of the 147th and others: A resolution creating the GA 96 AG Joint Steering Committee.
Referred to Committee on Agriculture.
HR 986. By Representatives Walker of the 141st, Murphy of the 18th, Groover of the 125th and others: A resolution urging the Museum of Aviation Foundation, Inc., to designate a building at the Museum of Aviation in honor of Honorable Roy H. (Sonny) Wat son, Jr.
Referred to Committee on Rules.
HB 1844. By Representative Lane of the 55th:
A bill to amend an Act establishing a new charter for the City of East Point, so as to authorize the city to provide by ordinance for the creation of a mediation system for appeals of city employees and officials. Referred to Committee on Urban and County Affairs.

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HB 1928. By Representatives Cauthorn of the 35th, Hammond of the 32nd, Vaughan of the 34th and others:
A bill to amend an Act reincorporating the City of Marietta, so as to deannex a certain area of the city.
Referred to Committee on Urban and County Affairs.

HB 1937. By Representative Carter of the 166th:
A bill to amend an Act providing and establishing a new charter for the Town of Alapaha, so as to change and clarify the provisions relating to the incorporation and general powers of the Town of Alapaha and the provisions relating to the establishment, composition, form, election, and terms of the governing authority.
Referred to Committee on Urban and County Affairs.

HB 1938. By Representatives Hammond of the 32nd, Cauthorn of the 35th, Barnes of the 33rd and others:
A bill to amend an Act reincorporating the City of Marietta, so as to change the corporate limits of the city.
Referred to Committee on Urban and County Affairs.

HB 1944. By Representative Hanner of the 159th:
A bill to create a board of elections and registration for Terrell County and pro vide for its powers and duties. Referred to Committee on Urban and County Affairs.

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

Mr. President:

The Committee on Economic Development, Tourism and Cultural 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 1906. Do pass.

Respectfully submitted,

Mr. President:

Senator Broun of the 46th District, Chairman

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

HB 1314. Do pass by substitute.

Respectfully submitted,

Mr. President:

Senator Hill of the 4th District, Chairman

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 1130. Do pass by substitute. HB 1177. Do pass.

HB 1326. Do pass by substitute. HB 1702. Do pass as amended.

Respectfully submitted,

Senator Hill of the 4th District, Chairman

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1171

Mr. President;

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

HB 596. HB 1439. HB 1672. HR 1012.

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

Respectfully submitted,

Mr. President:

Senator Starr of the 44th District, Chairman

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 914. Do pass as amended.

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 679. HB 1337. HB 1531.

Do pass. Do pass. Do pass.

Respectfully submitted,

Mr. President:

Senator Oliver of the 42nd District, Chairman

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

HB 250. Do pass. HB 1221. Do pass.

HB 1376. Do pass. HB 1547. Do pass.

Respectfully submitted,

Mr. President:

Senator Bowen of the 13th District, Chairman

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 1570. Do pass by substitute.

Respectfully submitted,

Senator Bowen of the 13th District, Chairman

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Mr. President:

The Committee on Special Judiciary has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1471. Do pass.
Respectfully submitted,
Senator Egan of the 40th District, Chairman

Mr. President:

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

SB 640. HB 1146. HB 1805. HB 1826. HB 1846. HB 1851. HB 1876. HB 1887. HB 1889. HB 1894.

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

HB 1895. Do pass. HB 1900. Do pass. HB 1901. Do pass. HB 1902. Do pass. HB 1908. Do pass. HB 1913. Do pass. HB 1915. Do pass. HB 1920. Do pass. HB 1923. Do pass. HB 1924. Do pass. Respectfully submitted, Senator Thompson of the 33rd District, Chairman

Mr. President:

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

HB 649. Do pass. HB 1626. Do pass.

HB 1627. Do pass. HB 1469. Do pass. Respectfully submitted, Senator Marable of the 52nd District, Chairman

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

HB 260 HB 989 HB 1676

HB 800 HB 1378

HB 913 HB 1488

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1173

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

Balfour Baugh Blitch Boshears Bowen Broun of 46th
BBrLQ/,jrunorewteo,xnns of 26th Crotts Dean Edge Egan Farrow

Gillis Glanton Gochenour Harbison Henson Isakson
LMM,_._aardfad,b.e.lned of 29th McGuire Middleton Newbill Oliver Parrish

Those not answering were Senators:

Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson
SSS.~_,lc.toaotrtm.rt Taylor Thomas Thompson Turner Tysinger

Abernathy Allen Coleman
Guhl

Hemmer Hill TT
Hooks Huggins

Kemp Langford of 35th (excused) Perdue Walker

Senator Baugh of the 25th moved that Senator Kemp of the 3rd be excused from the Senate today due to illness.
On the motion, the yeas were 34, nays 0; the motion prevailed, and Senator Kemp of the 3rd was excused.
Senator Turner of the 8th introduced the chaplain of the day, Reverend Tony VanHam, Christ Episcopal Church, Valdosta, Georgia, who offered scripture reading and prayer.
The following resolutions were read and adopted:

SR 569. By Senator Dean of the 31st: A resolution commending Ralph Aford Lively.

SR 570. By Senator Cheeks of the 23rd: A resolution recognizing and commending Lawrence E. Mitchell.

SR 571. By Senator Boshears of the 6th:
A resolution commending the City of Patterson on the occasion of its 100th Anniversary.

SR 572. By Senator Broun of the 46th:
A resolution commending Dr. William P. Flatt for 25 years of dedicated service to the State of Georgia.

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SR 573. By Senators Bowen of the 13th, Pollard of the 24th, Guhl of the 45th and others:
A resolution recognizing Project D.A.R.E. (Drug Abuse Resistance Education).
The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Wednesday, March 2, 1994
THIRTY-THIRD LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 640 Coleman, 1st CHATHAM COUNTY
Provides for the creation of one or more community improvement districts in Chatham County and in each municipality therein; to provide for a short title; to provide for the purposes of said districts; to provide for definitions; to provide for boards to administer said districts; to provide for the appoint ment and election of members of said boards; to provide for taxes, fees, and assessments; to provide for the boundaries of said district; to repeal conflict ing laws.
HB 1146 Blitch, 7th CAMDEN COUNTY
Amends an Act creating a Board of Commissioners of Camden County, so as to provide for election of members.
HB 1805 Farrow, 54th MURRAY COUNTY
Changes the manner of filling vacancies for unexpired and full terms of office upon the board of the Hospital Authority of Murray County.
HB 1826 Gochenour, 27th CITY OF THOMASTON
Amends an Act establishing a new charter for the City of Thomaston, so as to deannex certain property from the corporate limits of the city.
HB 1846 Baugh, 25th TALIAFERRO COUNTY
Amends an Act creating a board of commissioners for Taliaferro County, so as to provide for a chairperson and five members of the board; to reapportion Taliaferro County into five districts.
HB 1851 Turner, 8th Ragan, llth LOWNDES COUNTY
Amends an Act creating a board of commissioners for Lowndes County, so as to change the composition of the board of commissioners; to provide for elec tions and terms; to provide for a chairperson; to provide for districts.

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HB 1876 Crotts, 17th Guhl, 45th CITY OF SOCIAL CIRCLE
Amends an Act incorporating the City of Social Circle, so as, to provide for a city manager.
HB 1887 Dean, 3lst POLK COUNTY
Amends an Act creating the Polk County Water Authority, so as to change certain provisions relating to the reapportionment and taking of office of members of the Authority.
HB 1889 Guhl, 45th WALTON COUNTY
Amends an Act entitled "An Act to reincorporate the City of Monroe in the County of Walton," so as to change certain provisions relating to the ap pointment and duties of the city administrator.
HB 1894 Alien, 2nd Kemp, 3rd CITY OF GUM BRANCH CITY OF MIDWAY CITY OF RICEBORO CITY OF WALTHOURVILLE LIBERTY COUNTY
Creates the Joint Liberty County, City of Gum Branch, City of Midway, City of Riceboro, and City of Walthourville Fire Protection Facilities and Equip ment Authority.
HB 1895 Alien, 2nd Kemp, 3rd LIBERTY COUNTY
Amends an Act establishing the State Court of Liberty County, so as to change the compensation of the judge and solicitor of the said court.
HB 1900 Turner, 8th Ragan, llth DECATUR COUNTY
Amends an Act creating the Board of Commissioners of Decatur County, so as to change the provisions relating to the vote necessary for the commission to act on any matter.
HB 1901 Brown, 26th TWIGGS COUNTY
Amends an Act providing for the election of the members of the Board of Education of Twiggs County, so as to change the provisions relating to the compensation of the members of the board of education.
HB 1902 Brown, 26th TWIGGS COUNTY
Amends an Act creating a Board of Commissioners of Twiggs County, so as to change the provisions relating to the compensation and expenses of the members of the board.

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HB 1908 Ralston, 51st JASPER COUNTY
Amends an Act providing a new charter for the City of Jasper in the County of Pickens, so as to change the corporate boundaries.

HB 1913 Ragan, llth Bowen, 13th COLQUITT COUNTY

Amends an Act relating to the board of education of Colquitt County, so as to provide for the addition of a seventh member of the board to be elected at large.

HB 1915 Bowen, 13th CITY OF CORDELE

Provides for a local salary supplement to the compensation, expenses, and allowances of the judges of the superior courts of the Cordele Judicial Circuit by the counties comprising such circuit.

HB 1920 Harbison, 15th Robinson, 16th MUSCOGEE COUNTY

Amends an Act creating the Muscogee County School District, so as to change the provisions relating to the date on which the Muscogee County Board of Education shall annually certify to the governing authority of the consolidated government of Columbus the rate of tax levy.

HB 1923 Ray, 19th CITY OF DUBLIN

Amends an Act reconstituting the Board of Education of the City of Dublin, so as to provide that successors to members of the board of education whose terms of office are to expire shall be elected at the City of Dublin general election immediately preceding the expiration of such terms.

HB 1924 McGuire, 30th Glanton, 34th DOUGLAS COUNTY

Amends an Act creating the Board of Commissioners of Douglas County, so as to authorize a change in the location of commission meetings.

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

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

Those voting in the affirmative were Senators:

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

Edge Farrow Gillis Glanton Gochenour Guhl Harbison Hemmer Henson Hill Hooks Huggins Isakson

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

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1177

Ray Robinson Scott Slotin

Starr Taylor Thomas

Those not voting were Senators:

Abernathy Alien Day

Egan Kemp (excused)

Thompson Turner Tysinger
Langford of 35th (excused) Walker

On the passage of all the local bills, the yeas were 49, nays 0.
All the bills on the Senate Local Consent Calendar, having received the requisite consti tutional majority, were passed.
SENATE RULES CALENDAR
Wednesday, March 2, 1994
THIRTY-THIRD LEGISLATIVE DAY
SB 437 Lottery for Education Act--purpose include institutions with special education services (Substitute) (Ed--37th)
SR 522 Walter Kelly, Jr., Bridge--designate (Trans--21st)
SR 536 CA: Secretary of State, Attorney General, School Superintendent--elect by plu rality vote (Substitute) (Ethics--16th)
SB 661 Local Government Unfunded Mandate Procedures Act--provide (Substitute) (Approp--23rd)
SB 591 General Assembly--housing affordability impact note in certain bills (Substitute) (Approp--27th)
SR 561 Robert Lee Patten II Probation Boot Camp--designate (Corr--7th)
SB 710 Programs Started With Lottery Proceeds--not continued with general funds (H Ed--18th)
SB 711 Lottery for Education Account--provide shortfall reserve subaccount (H Ed--18th)
SB 436 Public School Evaluations--certain exemption (Substitute) (Ed--56th)
HB 1307 Insurance Rate Filings--manner in which Commissioner handles (Amendment) (I&L--21st) Coker--31st
HB 1341 Structural Pest Control License--liability insurance for damages (Ag--llth) Streat--167th
HB 562 Sales Tax--exempt certain sales by certain schools (F&PU--8th) Skipper--137th
HB 1482 Department of Community Affairs--contracts with regional development center (Amendment) (U&CA G--33rd) Yeargin--90th
HB 1297 Ad Valorem Taxation--exempt certain property of veterans organizations (Substitute) (F&PU--1st) Birdsong--123rd
HB 1527 Business Expansion Support Act--enact (Substitute) (F&PU--12th) Baker--70th
HB 1266 Special License Plates--no additional registration fee for firefighters (Pub Saf--47th) Stephenson--25th
HB 1536 Water, Wastewater Plant Operators--lab tests for reporting (Nat R--20th) Carter--166th

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HB 1330 Professional Counselor, Social Worker Licensure--certain exemptions (Amendment) (H&HS--47th) Martin--47th
HB 763 Superior Court Clerks' Retirement--change certain benefits (Ret--16th) Buck--135th
Respectfully submitted,
Is/ Scott of the 36th, Chairman Senate Rules Committee

The following general bills were read the third time and put upon their passage:

SB 437. By Senators Clay of the 37th, Newbill of the 56th, Guhl of the 45th and Crotts of the 17th:
A bill to amend Code Section 50-27-3 of the Official Code of Georgia Annotated, relating to definitions used in the "Georgia Lottery for Education Act," so as to redefine educational purposes and programs to include the attendance of institu tions which provide continuing education services to persons who were or would have been eligible for special education.

The Senate Education Committee offered the following substitute to SB 437:

A BILL
To be entitled an Act to amend Code Section 50-27-3 of the Official Code of Georgia Annotated, relating to definitions used in the "Georgia Lottery for Education Act," so as to redefine educational purposes and programs to include the attendance of institutions which provide continuing education services to person who were or would have been eligible for special education; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 50-27-3 of the Official Code of Georgia Annotated, relating to definitions used in the "Georgia Lottery for Education Act," is amended by striking para graph (8) and inserting in lieu thereof a new paragraph (8) to read as follows:
"(8) 'Educational purposes and programs' means capital outlay projects for educational facilities; tuition grants, scholarships, or loans to citizens of this state to enable such citizens to attend colleges and universities located within this state, regardless of whether such col leges and universities are owned or operated by the board of regents, or to attend institu tions operated under the authority of the Department of Technical and Adult Education or to attend approved institutions providing education services to persons who have a disabiF ity as defined under the Individuals with Disabilities Education Act and have an individual ized education program or have a disability as defined by Section 504 of the Rehabilitation Act of 1973 and have a written 504 individual accommodation plan; voluntary pre-kindergarten; and an education shortfall reserve."
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:

Balfour Baugh Boshears Bowen Brown of 26th Burton Cheeks

Clay Coleman Crotts Dean Edge Egan Farrow

Gillis Glanton Gochenour Guhl Harbison Hemmer Henson

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Hill Hooks Huggins Isakson Langford of 29th Madden Marable McGuire Middleton

Newbill Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray

Robinson Scott Slotin Starr Taylor Thomas Thompson Turner
Tysinger

Those not voting were Senators:

Abernathy Alien Blitch

Broun of 46th Day Kemp (excused)

Langford of 35th (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.

SR 522. By Senators Isakson of the 21st, Ragan of the 32nd, Clay of the 37th and Thompson of the 33rd:
A resolution designating the Walter Kelly, Jr., Bridge.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton
fVV^lIA lcfctKkca
Clay Coleman Crotts Dean Edge Egan Farrow

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

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

Those not voting were Senators:

Abernathy Alien Day Glanton

Huggins

Parrish

Kemp (excused)

Ragan of llth

Langford of 35th (excused) Walker

On the adoption of the resolution, the yeas were 46, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

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SB 661. By Senators Cheeks of the 23rd, Pollard of the 24th, Hill of the 4th and others:
A bill to amend Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to financial affairs of the General Assembly, so as to repeal the "Local Government Impact Fiscal Act"; to provide procedures for the introduction, con sideration, and passage of bills imposing unfunded costs on counties, municipali ties, or school boards or any combination thereof or bills reducing sources of rev enue for counties, municipalities, or school boards or any combination thereof.
The Senate Appropriations Committee offered the following substitute to SB 661:
A BILL
To be entitled an Act to amend Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to financial affairs of the General Assembly, so as to repeal the "Local Government Impact Fiscal Notes Act"; to provide procedures for the introduction, consider ation, and passage of bills imposing unfunded costs on counties, municipalities, or school boards or any combination thereof or bills reducing sources of revenue for counties, munici palities, or school boards or any combination thereof; to provide a short title; to define cer tain terms; to provide that a mandated expenditure bill shall carry a legislative counsel number when introduced; to provide for changes in mandated expenditure bills prior to introduction; to provide prerequisites to introduction of bills affecting the expenditures of counties, municipalities, or school boards or any combination thereof; to provide for the amendment of bills affecting the expenditures of counties or municipalities or both which are not mandated expenditure bills; to provide for the introduction of mandated expendi ture bills and for preliminary consideration by legislative committees; to provide for perfec tion of mandated expenditure bills by legislative committees and for a cost analysis of such bills; to provide for the scope of the cost analysis undertaken by the state auditor; to pro vide for the publication and distribution of the cost analysis and summary of the findings of the state auditor; to provide for consideration of a mandated expenditure bill by the Gen eral Assembly and procedures and restrictions relative to amendments to such bills; to pro vide for the effect of bills which have been passed without compliance with this Act; to provide that this Act shall not apply to certain bills affecting expenditures of counties, mu nicipalities, or school boards or any combination thereof; 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 5 of Title 28 of the Official Code of Georgia Annotated, relating to financial affairs of the General Assembly, is amended by striking in its entirety Article 3A, known as the "Local Government Impact Fiscal Notes Act," and inserting in lieu thereof a new Article 3A to read as follows:
"ARTICLE 3A
28-5-47. This article shall be known and may be cited as the 'Local Government Un funded Mandate Procedures Act.'
28-5-48. As used in this article, the term:
(1) 'Cost analysis' means an analysis of the costs to counties, municipalities, or school boards as a result of the passage and implementation of a proposed mandated expenditure bill.
(2) 'County' means a county government located in the State of Georgia.
(3) 'Local governments' means counties, municipalities, or school boards or any combi nation thereof.
(4) (A) 'Mandated expenditure bill' means any bill or joint resolution introduced into the General Assembly which:

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(i) Would require a county, municipality, or school board to provide or increase a ser vice or which would increase the costs to a county, municipality, or school board in provid ing a service;
(ii) Would require a county, municipality, or school board to undertake a new program or function or to expand an existing program or function;
(iii) Would forbid, restrict, or reduce any source of revenue for a county, municipality, or school board; or
(iv) Would result in any combination of the requirements, restrictions, or reductions enumerated in divisions (i) through (iii) of this subparagraph.
(B) 'Mandated expenditure bill" shall not mean any bill or joint resolution requiring an expenditure of less than $100,000.00 of public funds or the employment of less than five persons by counties, municipalities, or school boards.
(5) 'Municipality' means an incorporated municipality of the State of Georgia. Such term shall also include consolidated municipal and county governments and unified munici pal and county governments.
(6) 'School board' means the board of education of a county, independent, or area pub lic school system.
28-5-49. No bill affecting the expenditures or revenues of local governments may be introduced by any member of the General Assembly unless, at the time of its introduction, the bill has printed thereon in the upper right portion of each page of the bill an LC num ber. Once a mandated expenditure bill is presented by the Office of Legislative Counsel to a member of the General Assembly, neither the Office of Legislative Counsel nor any person shall make any change in the mandated expenditure bill prior to its introduction into the General Assembly unless the bill is returned to the Office of Legislative Counsel and that office assigns a new LC number to the bill.
28-5-50. As a condition precedent to the introduction of any bill affecting the expendi tures or revenues of local governments, the member of the General Assembly who intends to be the primary sponsor of the bill must present an exact copy of the proposed bill, which must bear an LC number, to the state auditor. The state auditor shall determine whether the proposed bill is a mandated expenditure bill and provide a written certification of that determination to the member of the General Assembly who intends to be the primary spon sor of the bill. Such certification shall specifically identify the proposed bill by reference to the LC number. If the proposed bill is introduced into the General Assembly, it shall have attached thereto the original of the certification of the state auditor. If the LC number on the bill as offered for introduction is different from the LC number shown on the state auditor's certification or if the bill as offered for introduction does not bear an LC number on each page of the bill, the bill may not be accepted for introduction by the Secretary of the Senate or the Clerk of the House of Representatives, and the bill may not be considered by any committee of the House or Senate or by the House or Senate. If the bill is certified as a mandated expenditure bill, its introduction shall also be limited by the provisions of subsection (a) of Code Section 28-5-52.
28-5-51. (a) A bill affecting the expenditures or revenues of local governments which is not a mandated expenditure bill may be introduced at any time during any regular session of the General Assembly. After its introduction into the General Assembly, such a bill may not be amended in any manner to cause the bill to become a mandated expenditure bill. Any amendment to such a bill shall be submitted to the state auditor by the chairperson of the committee, if a committee amendment, or by the presiding officer of the Senate or House if the amendment was made by the Senate or House. If the state auditor certifies in writing that the amendment does not cause the bill to become a mandated expenditure bill, the bill, as amended, may continue in the legislative process as any other bill. If the state auditor will not issue such a certification for the amendment, the bill's progress in the legis lative process will end, and the bill shall not be considered further by either the House or

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the Senate, and, if passed by the General Assembly, the bill shall not become law and shall stand repealed in its entirety on the first day of July immediately following its enactment.
(b) An amendment to a bill affecting the expenditures or revenues of local governments which is not a mandated expenditure bill which is prohibited by subsection (a) of this Code section may be withdrawn by the committee which made the amendment, if a committee amendment, or by the Senate, if that body made the amendment, or by the House, if that body made the amendment. If the amendment is withdrawn, the bill may continue in the legislative process as any other bill, unless it is subsequently amended, and, in that event, this Code section shall apply to the subsequent amendment.
(c) A bill affecting the expenditures or revenues of local governments which is not a mandated expenditure bill and which is not amended during the legislative process may be considered as any other bill.
28-5-52. (a) Any mandated expenditure bill may be introduced in the General Assembly only during the regular session which is held during the first year of the term of office of members of the General Assembly. Any such mandated expenditure bill may be passed by the General Assembly only during the regular session which is held during the second year of the term of office of members of the General Assembly, except as otherwise provided in Code Section 28-5-56.
(b) When a mandated expenditure bill is introduced, it shall be assigned by the presid ing officer of the Senate or the House as the case may be, to the appropriate Senate or House standing committee. If a majority of the total membership of the respective commit tee is opposed to the bill on its merits, no cost analysis provided for in Code Section 28-5-54 shall be necessary, and the bill shall not be reported out of the committee and shall not be adopted or considered by the House or Senate. If a majority of the committee wishes to consider the bill further and votes in favor of a cost analysis of the bill, a cost analysis shall be required as provided in Code Section 28-5-54. Except as otherwise provided by subsec tion (c) of this Code section, no mandated expenditure bill may be reported out of the committee to which it is assigned or may be considered or adopted by the House or Senate unless a cost analysis of the bill is made.
(c) The committee to which a mandated expenditure bill is assigned following its intro duction may at any time amend the bill so that it is not a mandated expenditure bill. If the bill is so amended, an exact copy of the amended version shall be submitted by the chairperson of the committee to the state auditor. If the state auditor issues a written certi fication that the committee amendment has converted the status of the bill so that it is not a mandated expenditure bill, the bill shall no longer be a mandated expenditure bill for all purposes under this article as of the date of the state auditor's certification. Only the com mittee to which a mandated expenditure bill is originally assigned following its introduction may convert the bill as authorized in this subsection.
28-5-53. (a) A mandated expenditure bill which the committee wishes to consider shall first be perfected, if necessary, by the committee. The committee may delay further consid eration of the bill until after the close of the regular session during which the bill was intro duced, but the committee shall complete its consideration of the bill for submission to the state auditor under Code Section 28-5-54 by not later than July 15 immediately following the close of the legislative session. The committee shall be authorized to meet for not more than five days, unless additional days are authorized by the President of the Senate for the Senate committee or by the Speaker of the House for the House committee, during the period beginning with the day following the close of the session and ending on July 1 imme diately following the close of the session for the purpose of considering and perfecting the bill. If the bill originated in the Senate, the appropriate House committee as determined by the Speaker of the House of Representatives shall be authorized to meet with the Senate committee to consider and perfect a bill during the period following the close of a regular session, and, if the bill originated in the House, the appropriate Senate committee as deter mined by the President of the Senate shall have the same authority. The committees may

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adopt such procedures as they find appropriate for conducting meetings at which both com mittees are present as authorized by this subsection. For attending meetings of their respec tive committees as authorized by this subsection, the members of the Senate and House committees shall receive the expenses and allowances provided by law for members of legis lative interim committees. If a mandated expenditure bill is changed by the committee to which it is assigned, such change shall be accomplished only by a substitute bill, and no committee amendment to the bill, except by substitute, shall be authorized.
(b) Immediately after a mandated expenditure bill has been considered and perfected as provided in subsection (a) of this Code section, the chairperson of the committee to which the bill was assigned shall transmit an exact copy of the bill, as perfected by the committee, when applicable, to the state auditor. The copy submitted to the state auditor shall bear an LC number. The submission of the bill to the state auditor shall have attached thereto a letter signed by the chairperson of the committee requesting the state auditor to make or cause to be made a cost analysis on the bill.
28-5-54. (a) If a cost analysis of a mandated expenditure bill is requested under Code Section 28-5-53, it shall be the duty of the state auditor to complete or cause to be com pleted such cost analysis by not later than November 1 of the same year during which the request for the cost analysis was made. The cost analysis shall estimate the aggregate costs to taxpayers of local governments in Georgia of the proposed mandated expenditure bill.
(b) By not later than November 1 of the same year that the request for a cost analysis was made, the completed cost analysis shall be submitted by the state auditor to the chairperson of the committee who requested it along with a summary of the findings of the state auditor.
(c) The chairperson of the committee, upon receipt of the information provided for under subsection (b) of this Code section, shall cause the cost analysis and summary to be printed by the Secretary of the Senate or the Clerk of the House of Representatives, de pending on whether the bill is a Senate bill or a House bill, in sufficient quantity to attach a copy thereof to all printed copies of the bill. The original cost analysis and summary shall be attached by the Secretary of the Senate or Clerk of the House of Representatives to the original version of the substitute bill, as perfected by the committee under Code Section 285-53, if applicable, or to the original version of the bill as introduced if the bill was not changed by the committee prior to its submission to the state auditor for a cost analysis.
(d) By not later than November 1 of the same year that the request for a cost analysis was made, the completed cost analysis and summary shall be submitted by the state auditor to the commissioner of community affairs. The commissioner of community affairs shall publicize the findings of the state auditor in such a way as to reasonably inform affected local governments.
28-5-55. (a) When a mandated expenditure bill has had a cost analysis pursuant to Code Section 28-5-54, the bill may be considered at the next regular session of the General Assembly. If the bill as originally introduced was not changed by the committee and the original version was submitted to the state auditor for a cost analysis, then the original version of the bill is the only one, except as otherwise provided by subsection (b) of this Code section, which may be considered by any committee or by the House or Senate. If the original bill was substituted by the committee and the substitute version was the one sub mitted to the state auditor, then that substitute bill is the only one, except as otherwise provided by subsection (b) of this Code section, which may be considered by any committee or by the House or Senate.
(b) After completion of a cost analysis, any amendment to a mandated expenditure bill shall be out of order and shall not be allowed either by a committee or by the House or Senate, except for a nonfiscal or a reduction in cost amendment. Any amendment to a man dated expenditure bill shall be submitted to the state auditor by the chairperson of the committee, if a committee amendment, or by the presiding officer of the Senate or House if the amendment was made by the Senate or House. If the state auditor certifies in writing

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that the amendment is a nonfiscal or a reduction in cost amendment, then the bill as amended, with the state auditor's certification attached to the original of the amendment, may continue in the legislative process. If the state auditor will not issue such a certification for the amendment, the bill's progress in the legislative process will end and the bill shall not be considered further by either the House or Senate and, if passed by the General As sembly, the bill shall not become law and shall stand repealed in its entirety on the first day of July immediately following its enactment.
(c) An amendment to a mandated expenditure bill which is prohibited by subsection (b) of this Code section may be withdrawn by the committee which made the amendment, if a committee amendment, or by the Senate, if that body made the amendment, or by the House, if that body made the amendment. If the amendment is withdrawn, the bill may continue in the legislative process as any other bill, unless it is subsequently amended, and, in that event, this Code section shall apply to the subsequent amendment.
28-5-56. The provisions of this article shall not apply to:
(1) Any bill for which the General Assembly provides a contemporaneous appropriation sufficient to fund the costs imposed upon local governments by such bill. In any year in which the appropriation is less than the required funding level, compliance by local govern ments with the mandates of the unfunded law shall be optical, not mandatory;
(2) Any bill proposed or passed in a special session of the General Assembly;
(3) Any bill protecting the environment or containing mandates which the federal gov ernment requires the state to impose on local governments;
(4) Any bill prohibiting discrimination against persons on the basis of race, sex, religion, national origin, or any disability;
(5) Any bill providing for the health, welfare, or protection of persons under the age of 21; or
(6) Any bill approved by two-thirds of the members elected to each branch of the Gen eral Assembly in a roll-call vote."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 42, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Baugh Blitch Boshears Bowen
, j-j e Edgg Egan Farrow Gillis Glanton Gochenour

Guhl Harbison Hemmer Henson
Hill Hooks Huggins Isakson Langford of 29th Madden Marable McGuire 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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1185

Those not voting were Senators:

Abernathy Alien Broun of 46th

Brown of 26th Day

Kemp (excused) Langford of 35th (excused)

On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute.

SB 591. By Senators Gochenour of the 27th, McGuire of the 30th, Glanton of the 34th and Day of the 48th:
A bill to amend Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to financial affairs of the General Assembly, so as to provide for issuance of a housing affordability impact note for any legislation or rule that affects the cost of constructing, purchasing, owning, or selling a residential unit of housing; to provide for contents and requirements for such housing affordability impact notes.
The Senate Appropriations Committee offered the following substitute to SB 591:
A BILL
To be entitled an Act to amend Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to financial affairs of the General Assembly, so as to provide for issu ance of a housing affordability impact note for any legislation or rule that affects the cost of constructing a residential unit of housing; to provide for contents and requirements for such housing affordability impact notes; to provide for applicability; to provide for comments and testimony; to provide for all related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to financial affairs of the General Assembly, is amended by adding at the end of said chapter a new Article 6 to read as follows:
"ARTICLE 6
28-5-130. This article shall be known and may be cited as the 'Housing Affordability Impact Note Act.'
28-5-131. (a) The sponsor of any bill, except a bill making a direct appropriation, the purpose or effect of which is to directly increase or decrease the cost of constructing a resi dential unit, shall request a brief explanatory statement or note that shall include a reliable estimate of the anticipated impact of such bill.
(b) Every proposed rule of an agency, the purpose or affect of which is to directly in crease or decrease the cost of constructing, purchasing, owning, or selling a residential unit of housing shall have prepared for it, before submission of such rule to the appropriate standing committees of the House of Representatives and the Senate, a brief explanatory statement or note that shall include a reliable estimate of the anticipated impact of such rule. As used in this article, the terms 'agency' and 'rule' shall have the same meanings as in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'.
(c) The statements or notes required by this Code section shall be known as housing affordability impact notes.
28-5-132. The sponsor of each bill, or the agency proposing a rule, to which Code Sec tion 28-5-131 applies shall present a copy of the bill or proposed rule with the request for a

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housing affordability impact note to the state auditor. The housing affordability impact note shall be prepared by the state auditor and shall be submitted to the sponsor of the bill or the agency proposing a rule within 20 calendar days. The state auditor shall seek assistance from a state-wide trade organization representing the real estate or residential construction industry in the preparation of a housing affordability impact note. If, in the opinion of the state auditor, there is insufficient information to prepare a reliable estimate of the antici pated impact, a statement to that effect can be filed and shall meet the requirements of this article.
28-5-133. Whenever the sponsor of any bill is of the opinion that no housing af fordability impact note is required, the Speaker of the House of Representatives or the President of the Senate may request that a note be obtained, and in that event the applica bility of this article shall be decided by the majority of those present and voting in that body of which the sponsor is a member.
28-5-134. The housing affordability impact note shall be factual in nature, as brief and concise as possible, and shall provide a reliable estimate in dollars, and, in addition, shall include both the immediate effect and, if determinable or reasonably foreseeable, the long range effect of the measure. A housing affordability impact note shall be prepared on the basis of a single residential unit of housing. If, after careful investigation, it is determined that no dollar estimate is possible, the note shall contain a statement to that effect, setting forth the reasons why no dollar estimate can be given. A brief summary or work sheet of computations used in arriving at housing affordability impact note figures shall be included with such note.
28-5-135. No comment or opinion shall be included in the housing affordability impact note with regard to the merits of the measure for which the housing affordability impact note is prepared; however, technical or mechanical defects may be noted.
28-5-136. Whenever any committee of either the House of Representatives or the Sen ate reports any bill with an amendment that will substantially affect the figures stated in the housing affordability impact note attached to the measure at the time of its referral to the committee, there shall be included with the report of the committee a statement of the effect of the change proposed by the amendment reported if desired by a majority of the committee."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 29, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Egan Farrow Gillis Glanton Gochenour Guhl Harbison Hemmer Henson Hooks Huggins Isakson Langford of 29th

Madden Marable McGuire Middleton Newbill Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray

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1187

Robinson Scott Slotin Starr

Taylor Thomas Thompson

Those not voting were Senators:

Abernathy

Day

Alien

Hill

Blitch

Turner Tysinger Walker
Kemp (excused) Langford of 35th (excused)

On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute.

SR 561. By Senator Blitch of the 7th: A resolution designating the Robert Lee Patten II Probation Boot Camp.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Baugh Boshears Bowen Broun of 46th Burton Cheeks Clay Coleman Crotts Dean Edge Egan Farrow Gillis

Glanton Gochenour Harbison Hemmer Henson Hooks Huggins Isakson Langford of 29th Madden Marable McGuire 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 Blitch Brown of 26th

Day Guhl Hill Kemp (excused)

Langford of 35th (excused) Taylor Walker

On the adoption of the resolution, the yeas were 45, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
SB 710. By Senators Perdue of the 18th and Hill of the 4th: A bill to amend Code Section 50-27-13 of the Official Code of Georgia Annotated, relating to the disposition of lottery proceeds, so as to provide that no program or project started with lottery proceeds shall be continued with funds from the general fund.

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The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dean Edge Egan Farrow Gillis

Glanton Gochenour Guhl Harbison Hemmer Henson Hill Hooks Huggins Isakson Langford of 29th Madden Marable McGuire Middleton Newbill Oliver

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

Those not voting were Senators:

Abernathy Alien

Day Kemp (excused)

Langford of 35th (excused)

On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 711. By Senators Perdue of the 18th and Hill of the 4th:
A bill to amend Code Section 50-27-13 of the Official Code of Georgia Annotated, relating to disposition of state lottery proceeds, so as to provide for a shortfall reserve subaccount to be maintained within the Lottery for Education Account within the state treasury; to provide for the use of the funds in such shortfall reserve subaccount.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Baugh Boshears Bowen Broun of 46th Burton Cheeks Clay Coleman Crotts Dean

Edge Farrow Gillis Glanton Gochenour Guhl Harbison Hemmer Hill Hooks Huggins

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

WEDNESDAY, MARCH 2, 1994

1189

Ragan of 32nd Ralston Ray Robinson

Scott Slotin Thomas Thompson

Those voting in the negative were Senators:

Blitch Brown of 26th

Egan Henson

Those not voting were Senators:

Abernathy Alien

Day Kemp (excused)

Turner Tysinger Walker
Middleton Taylor
Langford of 35th (excused) Starr

On the passage of the bill, the yeas were 44, nays 6.
The bill, having received the requisite constitutional majority, was passed.
SB 436. By Senators Newbill of the 56th, Clay of the 37th, Egan of the 40th and others:
A bill to amend Code Section 20-2-282 of the Official Code of Georgia Annotated, relating to the comprehensive evaluation of public schools, so as to provide an exemption from such comprehensive evaluations and standards and procedures relating thereto.
The Senate Education Committee offered the following substitute to SB 436:
A BILL
To be entitled an Act to amend Code Section 20-2-282 of the Official Code of Georgia Annotated, relating to the comprehensive evaluation of public schools, local systems, and regional agencies, so as to provide for the designation of 'exempt schools'; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 20-2-282 of the Official Code of Georgia Annotated, relating to the comprehensive evaluation of public schools, local systems, and regional agencies, is amended by striking in its entirety subsection (e.l) and inserting in lieu thereof 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 50 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 achtemg 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 2. All laws and parts of laws in conflict with this Act are repealed.
Senators Newbill of the 56th and Marable of the 52nd offered the following amendment:

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Amend the committee substitute to SB 436 by deleting on page 1 line 22 the following: "50" and adding in lieu thereof "30"
On the adoption of the amendment, the yeas were 41, nays 0, and the amendment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 41, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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 Guhl Harbison Hemmer Henson Hill Hooks Huggins Isakson Langford of 29th Madden Marable McGuire Middleton

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

Those not voting were Senators:

Alien Kemp (excused)

Langford of 35th (excused) Starr

Taylor

On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1307. By Representative Coker of the 31st:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide certain changes in the manner in which the Commis sioner of Insurance handles rate filings.
Senate Sponsor: Senator Isakson of the 21st.
The Senate Insurance and Labor Committee offered the following amendment: Amend HB 1307 by adding on line 12 of page 1 after "(b)" and before the word "and" the following: ",(c),".
By striking the word "place" on line 16 of page 1 and inserting in lieu thereof the following:
"respective places".

WEDNESDAY, MARCH 2, 1994

1191

By adding on line 12 of page 2 after the word "request" and before the period the following:
"unless postponed by mutual consent".
By striking the quotation marks at the end of line 33 of page 2 and adding after line 33 of page 2 the following:
"(c) When a rate filing of an insurer required under subsection (b) of this Code section is not accompanied by the information upon which the insurer supports the filing and the Commissioner does not have sufficient information to determine whether the filing meets the requirements of this chapter, then the Commissioner must request in writing, within 20 days of the date he or she receives the filing, the specifics of such additional information as he or she requires and the insurer shall be required to furnish such information and in such event the 45 day period provided for in subsection (b) of this Code section shall commence as of the date such information is furnished.'"
On the adoption of the amendment, the yeas were 41, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour
Baugh Blitch Boshears
wen Broun of 46th Brown of 26th Burton Cheeks C l ay Coleman Crotts Day Dean Edge Egan

Farrow Gillis
Glanton Gochenour Guhl
Harbison Hemmer Hengon T,.,, TM, Hooks Huggins Isakson Langford of 29th Madden Marable McGuire

Middleton Newbill
Oliver Parrish Perdue
Pollard Ragan of llth R of 32nd ,-> ,, ^alston Ray Scott Slotin Thomas Thompson Turner Tysinger

Those not voting were Senators:

Alien

Robinson (presiding)

Kemp (excused)

Starr

Langford of 35th (excused)

Taylor 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 1341. By Representative Street of the 167th: A bill to amend Chapter 45 of Title 43 of the Official Code of Georgia Annotated, known as the "Structural Pest Control Act," so as to require each applicant for a license to operate a structural pest control business and each licensee seeking renewal of a license to submit a certificate of insurance coverage to the State

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Structural Pest Control Commission showing that such business is insured against liability for damages to persons or property.
Senate Sponsor: Senator Ragan of the llth.

Senator Crotts of the 17th offered the following amendment:
Amend HB 1341 as follows: on page 2 line 29 delete $10,000 add $5,000.00
Senator Crotts of the 17th asked unanimous consent that the amendment be withdrawn.
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.
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 Day Dean Edge Egan Farrow

Gillis Glanton Gochenour Guhl Harbison Hemmer Henson Hill Hooks Huggins Isakson Langford of 29th Madden McGuire Middleton

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

Those voting in the negative were Senators:

Blitch Crotts

Thomas

Thompson

Those not voting were Senators:

Alien Kemp (excused)

Langford of 35th (excused) Marable

Starr Walker

On the passage of the bill, the yeas were 46, nays 4.
The bill, having received the requisite constitutional majority, was passed.
HB 562. By Representatives Skipper of the 137th, Vaughan of the 34th, 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 taxation, so as to provide for an exemption from state sales and use taxation for certain sale by certain schools.
Senate Sponsor: Senator Turner of the 8th.

WEDNESDAY, MARCH 2, 1994

1193

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernat'iy Balfour Baugh Blitch Boshears Bowen Broun .,f 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Day Dean Edge Ega--

Farrow Gillis Glanton Gochenour Guhl Harbison Hemmer Henson Hill Hooks Huggins Isakson Langford of 29th Madden Marable McGuire

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

Those not voting were Senators:

Alien

Middleton

Kemp (excused)

Starr

Langford of 35th (excused)

Tysinger Walker

On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1482. By Representatives Yeargin of the 90th, Bates of the 179th, Mobley of the 86th and others:
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 authorize contracts between the Department of Community Affairs and a regional development center relative to coordinated and comprehensive planning activities covering ar eas not within the territorial boundary of such regional development center.
Senate Sponsor: Senator Thompson of the 33rd.
The Senate Urban and County Affairs Committee offered the following amendment:
Amend HB 1482 by adding in the title on line 2 of page 2 the following:
"to provide that neither the state auditor nor the Department of Community Affairs shall be authorized or required to conduct financial or performance audits of any records or documents relating to loans made by or assigned to the United States Small Business Ad ministration or any other entity or agency of the United States government if said agency's administrator certifies in writing to the state auditor that said records or documents may not be disclosed to state auditors under applicable federal regulations;".

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By adding on line 20 of page 10 between the word "center" and the period, the following:
", provided that any such contract is made with the approval of the regional develop ment center's board of directors having jurisdiction in the area affected".
By striking the quotation marks at the end of line 2 of page 15 and adding between lines 2 and 3 of page 15 the following:
"(h) Notwithstanding any other provision of this chapter, neither the state auditor nor the department shall be authorized or required to conduct financial or performance audits of any records or documents relating to loans made by or assigned to the United States Business Administration or any other entity or agency of the United States government if said agency's administrator certifies in writing to the state auditor that said records or docu ments may not be disclosed to state auditors under applicable federal regulations.'"
On the adoption of the amendment, the yeas were 43, nays 0, and the committee amendment was adopted.
Senator Thompson of the 33rd offered the following amendment:
Amend HB 1482 by adding after the semicolon on line 11 of page 1 the following:
"to provide for the status of certain nonprofit corporations created by regional develop ment centers;".
By striking the language "paragraphs (2) and (3)" on line 31 of page 5 and inserting in lieu thereof the language "paragraphs (1), (2), and (3)".
By striking the language "paragraphs (2) through (8)" on line 1 of page 6 and inserting in lieu thereof the language "paragraphs (1) through (8)".
By striking the quotation mark on line 3 of page 6 and inserting between lines 2 and 3 of page 6 the following:
" '(1) (A) In order to accomplish the intent of subsection (e) of this Code section, each center is authorized to create nonprofit corporations to administer federal or state revolving loan programs or loan packaging programs. Each such nonprofit corporation must be au thorized by the center's board and each unit of local government affected.
(B) Any nonprofit corporation which, prior to April 1, 1994, has been created by a center and has had articles of incorporation which are regular on their face accepted for filing by the Secretary of State shall be recognized as and have legal status as a validly created nonprofit corporation under the laws of this state for all purposes, notwithstanding the requirements of subparagraph (A) of this paragraph and notwithstanding any lack of express statutory authority on the part of the center to carry out such incorporation at the time of filing of the articles of incorporation. Nothing in this subparagraph, however, shall excuse such a nonprofit corporation from complying on and after April 1, 1994, with any and all requirements imposed by law for continuation of its corporate existence in the same manner as other nonprofit corporations created under this paragraph are required to comply with legal requirements for their continued existence.'1
On the adoption of the amendment, the yeas were 38, nays 0, and the Thompson 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 Bowen Broun of 46th

Brown of 26th Burton Cheeks Clay Coleman Crotts

Day Dean Edge Egan Farrow Gillis

WEDNESDAY, MARCH 2, 1994

1195

Glanton Gochenour
Guhl Harbison Hemmer HTTe-JnI son Hooks
Huggins Isakson Langford of 29th Madden

Marable McGuire
Middleton Newbill Oliver ,,Parri.sh, Perdue
Pollard Ragan of llth Ragan of 32nd Ralston

Voting in the negative was Senator Boshears.

Those not voting were Senators:

Alien

Kemp (excused)

Ray Robinson Scott Slotin Starr m Tayilor Thomas Thompson Turner Tysinger Walker
Langford of 35th (excused)

On the passage of the bill, the yeas were 52, nays 1.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Robinson of the 16th, President Pro Tempore, assumed the Chair.
HB 1297. By Representatives Birdsong of the 123rd, Barfoot of the 155th, Padgett of the 119th and others:
A bill to amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to property exempt from ad valorem taxation, so as to provide for the exemption from ad valorem taxes of certain property owned by veterans organizations.
Senate Sponsor: Senator Coleman of the 1st.
The following Fiscal Note, as required by law, was read by the Secretary:
DEPARTMENT OF AUDITS 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400
February 21, 1994
The Honorable Terrell Starr, Vice-Chairman Senate Appropriations Committee State Senate State Capitol, Room 420C Atlanta, Georgia 30334
SUBJECT: Fiscal Note House Bill 1297 (LC 10 0769S) Exemption from Ad Valorem Taxes of Veterans Organizations' Property
Dear Vice-Chairman Starr:
This bill would provide for the exemption from ad valorem taxes of certain property owned by veterans organizations. For purposes of this bill a veterans organization is a feder ally tax exempt corporation which is a post or organization in the State of Georgia with at least 75 percent of the members of which are past or present members of the armed forces of the United States. This bill would only become effective on January 1, 1995, provided it is approved by the electors of the state at a referendum conducted in July, 1994.

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The reduction in local ad valorem property tax revenues resulting from this bill cannot be determined. Summary tax information on real property owned by veterans organizations is not available; therefore, a detailed survey of tax collections by the various local taxing offices would be necessary before any estimates could be developed. The impact on the State's revenues would be negative but insignificant since the property tax rate for the State is 0.25 mill.
Sincerely,
/s/ Claude L. Vickers State Auditor
/s/ Henry M. Huckaby, Director Office of Planning and Budget
The Senate Finance and Public Utilities Committee offered the following substitute to HB 1297:

A BILL
To be entitled an Act to amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to property exempt from ad valorem taxation, so as to provide for the exemption from ad valorem taxes of certain property owned by veterans organizations; to define "veterans organizations"; to provide for a state-wide referendum; to provide an effec tive date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to property exempt from ad valorem taxation, is amended by striking the word "and" from the end of subparagraph (a)(12)(B), by striking the period from the end of subparagraph (a)(13)(B) and substituting in lieu thereof the symbol and word "; and", and by adding a new paragraph (14) at the end of subsection (a) of said Code section to read as follows:
"(14) Property which is owned by and used exclusively as the headquarters, post home, or similar facility of a veterans organization. As used in this paragraph, the term 'veterans organization' means any organization or association chartered by the Congress of the United States which is exempt from federal income taxes but only if such organization is a post or organization of past or present members of the armed forces of the United States organized in the State of Georgia with at least 75 percent of the members of which are past or present members of the armed forces of the United States, and where no part of the net earnings of which inures to the benefit of any private shareholder or individual."
Section 2. The Secretary of State shall call and conduct a referendum for the approval or disapproval of this Act on the date of and in conjunction with the July, 1994, general primary. The Secretary of State shall cause the date and purpose of the referendum to be published in the official organ of each county in the state once a week for two weeks imme diately preceding the date of the referendum. The ballot shall have written thereon the iollowing:

"[ ] YES [ ] NO

Shall the Act providing for the exemption from ad valorem taxes of prop erty owned and used exclusively as the headquarters, post home, or similar facility by federally tax exempt veterans organizations chartered by the Congress of the United States, provided that any such organization is a post or organization of which 75 percent of its members are past or present mem bers of the armed forces of the United States and no part of the net earn ings of which inures to the benefit of any private shareholder or individual be approved?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become

WEDNESDAY, MARCH 2, 1994

1197

effective on January 1, 1995, and shall apply to all tax years beginning on or after that date; otherwise Section 1 of this Act shall be void.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Egan of the 40th offered the following amendment:
Amend the committee substitute to HB 1297 by striking line 5 on page 1 and inserting in its place the following:
"organizations; to define 'veterans organizations'; to provide for certain exemptions; to".
By inserting immediately after the word "organization" on line 19 of page 1 the following:
", provided that exemptions granted pursuant to this paragraph shall not be made to those organizations that hold a license to sell any alcoholic beverage under the provisions of Title 3, the 'Georgia Alcoholic Beverage Code,' or a license to operate a bingo game under Part 2 of Article 2 of Chapter 12 of Title 16.".
On the adoption of the amendment, the President Pro Tempore, who was presiding, ordered a roll call, and the vote was as follows:

Voting in the affirmative were Senators Day and Egan.

Those voting in the negative were Senators:

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

Farrow Gillis Glanton Gochenour Guhl Harbison Hemmer Hill Isakson Langford of 29th Madden Marable McGuire Middleton Newbill

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

Those not voting were Senators:

Alien Henson Hooks

Huggins Kemp (excused) Langford of 35th (excused)

Perdue Robinson (presiding) Starr

On the adoption of the amendment, the yeas were 2, nays 45, and the Egan amendment to the committee substitute 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:

Balfour Baugh Boshears Bowen Broun of 46th Brown of 26th

Burton Cheeks Clay Coleman Crotts Day

Dean Edge Farrow Gillis Glanton Gochenour

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Guhl Harbison Hemmer Henson Hill Isakson Langford of 29th Madden Marable

McGuire Middleton Newbill Oliver Parrish Pollard Ragan of llth Ragan of 32nd Ralston

Ray Scott Slotin Taylor Thomas Thompson Turner Tysinger Walker

Voting in the negative were Senators Egan and Huggins.

Those not voting were Senators:

Abernathy Alien Blitch

Hooks

Perdue

Kemp (excused)

Robinson (presiding)

Langford of 35th (excused) Starr

On the passage of the bill, the yeas were 45, nays 2.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Huggins of the 53rd introduced the doctor of the day, Dr. Michael E. Wilson, of Fort Oglethorpe, Georgia.
Senator Harbison of the 15th introduced Mr. Darrion Mitchell of Columbus, Georgia, commended by SR 438, adopted previously, who addressed the Senate briefly.
The Calendar was resumed.

HB 1527. By Representatives Baker of the 70th, Bordeaux of the 151st, Orrock of the 56th and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to enact the "Georgia Business Expansion Support Act of 1994"; to provide for additional job tax credits for certain business enter prises located in certain counties designated as less developed areas.
Senate Sponsor: Senator Taylor of the 12th.
The following Fiscal Note, as required by law, was read by the Secretary:
DEPARTMENT OF AUDITS 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400
February 23, 1994
The Honorable Thomas B. Buck, III, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334
SUBJECT: Fiscal Note House Bill 1527 Substitute (LC 18 6210ECS) Georgia Business Expansion Support Act of 1994
Dear Chairman Buck:
This bill would stimulate businesses in designated Georgia industries by using income tax credits and sales tax exemptions to lower the effective costs of hiring additional workers,

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adding to investment property, retraining employees, offering child care, upgrading manu facturing machinery, and equipping new or expanded warehouse or distribution facilities. Although businesses in all counties would be eligible, the credits and exemptions would be so categorized that those in counties with the weakest economic performance, or in counties linked by a joint development authority, would feel the strongest stimuli.
The creation of 10, 25, or 50 new jobs would qualify a business for an income tax credit of $2,500, $1,500, or $500 per job depending upon the location of the business within the economically weakest, moderate, or strongest third of Georgia's counties. Within a joint de velopment authority, a second job credit of $500 would be added to the credit of the leastdeveloped county. Additions to investment property in manufacturing of $1 million, $3 mil lion, or $5 million similarly would afford a business an income tax credit, this time of 5, 3, or 1 percent of its expenditure depending upon the economic ranking of its location. For re cycling manufacture, the credits would rise to 8, 5, and 3 percent. Unused jobs credits would be carried forward for ten years and unused investment credits for five. A business would qualify either for a jobs credit or an investment credit, but not for both. For retraining its workers, businesses in any county would win income tax credits equal to one-fourth of per trainee costs up to $500. For sponsoring or offering child care for employees, a business would gain income tax credits up to one-half of the costs involved. Exemptions from the State's sales and use tax would be extended to purchases that upgraded machinery used in manufacturing or that covered material-handling equipment included in the construction or expansion of a warehouse or distribution facility costing $10 million or more.
The bill would bear upon the State's revenues in three main ways. First, tax credits would drive new hirings and investments which otherwise would not have occurred. In comes, spending, and tax collections would then grow faster. Secondly, credits and exemp tion would spur worker retraining, child care, machinery upgrading, and equipping of facili ties. Current revenue flows would ease but productivity and the revenues expected in the future would be strengthened. Finally, credits and exemptions would energize those business expansions that would have occurred anyway. Yet, because of the tax concessions, revenue collections would grow slightly less rapidly than they would have before.
Since the power of the credits and exemptions to create jobs and capacities has not been analytically determined, the net fiscal impact of the three forces implicit in the bill cannot be specified. However, it is clear that tax concessions which the State would grant would cost nothing until applied to income that would have been generated. Analysis based on this fact leads to a strong conclusion. As long as new hirings are at or near the median manufacturing wage and returns to new investments are close to manufacturing's median rate of return to capital, the credits and exemptions which the bill offers would be fully recouped in tax collections. The bill would have a positive revenue impact.
Sincerely,
/s/ Claude L. Vickers State Auditor
/s/ Henry M. Huckaby, Director Office of Planning and Budget
The Senate Finance and Public Utilities Committee offered the following substitute to HB 1527:
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 enact the "Georgia Business Expansion Support Act of 1994"; to provide for additional job tax credits for certain business enterprises lo cated in certain counties designated as less developed areas; 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 continuation of such credit under certain circumstances; to authorize such

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credit to be carried forward from the close of certain taxable years; to change certain provi sions regarding job tax credits in certain less developed areas comprised of certain contigu ous census tracts; to create manufacturer's investment tax credits for certain investments in real and personal property used in a manufacturing facility; to provide for definitions; to provide for certain qualifications and restrictions in connection with the credits; to provide a credit against income taxes otherwise due to certain employers who provide certain retrain ing to certain employees; to provide a credit against income taxes otherwise due to certain employers who provide or sponsor the provision of child care for employees; to provide for additional exemptions from sales and use taxation for sales of certain manufacturing ma chinery and delete certain procedural requirements and limitations; to provide for an ex emption from sales and use taxation for sales of primary material handling equipment under certain circumstances; to amend Code Section 36-62-5.1 of the Official Code of Geor gia Annotated, relating to joint development authorities, so as to specify procedures with respect to qualifying for job tax credit pursuant to Code Section 48-7-40; to provide for an additional job tax credit; to provide for conditions and limitations; to provide for other mat ters relative 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. This Act shall be known and may be cited as the "Georgia Business Expan sion Support Act of 1994."
Section 2. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is 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 or the headquarters of any such business which is engaged in manufacturing, ware housing and distribution, processing, tourism, 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 80 all 159 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 incomes are 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 fifty-third least devel oped counties shall be classified as tier 1 and, counties ranked and designated as the fortyfirst fifty-fourth through eightieth one hundred sixth least developed counties shall be classified as tier 2, and counties ranked and designated as the one hundred seventh through one hundred fifty-liinth least developed counties shall be classified as tierlT
(c) The commissioner 01 community affairs shall be authorized to include in the tier 2 designation provided for in subsection (b) of this Code section any tier 3 county which, in the opinion of the commissioner of community affairs, undergoes a sudden and severe pe riod 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 leaa developed area tier 2 county.
(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

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particular county is removed from the list of less developed areas relcassified in a different tier.
(e) Business enterprises in counties designated by the commissioner of community af fairs as tier 1 loss developed areas counties shall be allowed a job tax credit for taxes im posed under this article equal to $2,000.00 $2,500.00 annually attd, business enterprises in counties designated by the commissioner of community affairs as tier 2 less developed areas counties shall be allowed a job tax credit for taxes imposed under this article equal to $1,000.00 $1,500.00 annually, and business enterprises in counties designated by the commissioner of community affairs as tier 3 counties 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 fulltime employees subject to Georgia income tax withholding for the taxable year with the corresponding period of the prior taxable year. Only In tier 1 counties, only those business enterprises that increase employment by ten or more m a less developed area shall be eligi ble for the credit. In tier 2 counties, only those business enterprises that increase employ ment by 25 or more shall be eligible for the credit. In tier 3 counties, only those business enterprises that increase employment by 50 or more shall be eligible for the credit. Credit shall not be allowed during a year if the net employment increase falls below tea the num ber required in such tier. Any credit received for years prior to the year in which the net employment increase falls below ten the number required in such tier shall not be affected. The state revenue commissioner shall adjust the credit allowed each year for net new em ployment fluctuations above the minimum level of ten the number required in such tier.
(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 bj 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 prior to January 1, 1994, job tax credits shall be allowed as pro vided 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 3. Said title is further amended by striking subsections (c) and (e) of Code Section 48-7-40.1, relating to tax credits for business enterprises in less developed areas, and inserting in their place new subsections (c) and (e), respectively, to read as follows:
"(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:
(1) Any area comprised of ten or more contiguous census tracts which, in the opinion of

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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?; or
(2) Any area comprised of one or more contiguous census tracts which, in the opinion of the commissioner of community affairs, is or will be adversely impacted by the loss of one or more jobs, businesses, or residences as a result of an airport expansion, including noise buy outs, or the closing of a business enterprise which, in the opinion of the commissioner of community aifairs, results or will result in a sudden and severe period of economic distress.
No designation made pursuant to this subsection shall operate to displace or remove any other area previously designated as a less developed area."
"(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 $2,500.00 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 fulltime jobs shall be determined by comparing the monthly average number of full-time em ployees subject to Georgia income tax withholding for the taxable year with the correspond ing period of the prior taxable year. Only those business enterprises that increase employ ment by ten or more in a less developed area shall be eligible for the credit. In addition, not less than 66 30 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."
Section 4. Said title is further amended by adding new Code Sections 48-7-40.2, 48-740.3, 48-7-40.4, 48-7-40.5, and 48-7-40.6, immediately following Code Section 48-7-40.1, to read as follows:
"48-7-40.2. (a) As used in this Code section, the term:
(1) 'Product' means a marketable product or component of a product which has an economic value to the wholesale or retail consumer and is ready to be used without further alteration of its form or a product or material which is marketed as a prepared material or is a component in the manufacturing and assembly of other finished products.
(2) 'Qualified investment property' means all real and personal property purchased or acquired by a taxpayer for use in the construction of an additional manufacturing facility to be located in this state or the expansion of an existing manufacturing facility located in this state, including, but not limited to, amounts expended on land acquisition, improvements, buildings, building improvements, and machinery and equipment to be used in the manu facturing facility.
(3) '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.
(4) '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.
(5) '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.
(6) 'Recycling manufacturing facility' means any facility, including land, improvements to land, buildings, building improvements, and any recycling machinery and equipment

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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 has operated for the immediately pre ceding three years an existing manufacturing facility in this state in a tier 1 county desig nated pursuant to Code Section 48-7-40, there shall be allowed a credit against the tax imposed under Code Section 48-7-21 in an amount equal to 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. In the event such qualified investment property purchased or acquired by the taxpayer in such year consists of re cycling machinery or equipment, a recycling manufacturing facility, pollution control or pre vention machinery or equipment, a pollution control or prevention facility, or the conversion from defense to domestic production, the amount of such credit shall be equal to 8 percent.
(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, 1994. The credit may be taken beginning with the tax year immediately following the tax year in which the qualified investment property having an aggregate cost in excess of $1 million 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 in formation, 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 five years from the close of the taxable year in which the qualified in vestment property was acquired, provided that such qualified investment property remain in service. 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. The sale, merger, acquisition, or bankruptcy of any taxpayer shall not create new eligibility in any succeeding taxpayer, but any unused credit may be transferred and continued by any transferee of the taxpayer.
(3) In the initial year in which the taxpayer claims the credit granted in subsection (b) of this Code section, taxpayer shall include in the description of the project required by subparagraph (A) of paragraph (1) of this subsection information which demonstrates that the project includes the acquisition of qualified investment property having an aggregate cost in excess of $1 million;
(4) Any lease for a period of five years or longer of any real or personal property used in a new or expanded manufacturing facility which would otherwise constitute qualified invest ment property shall be treated as the purchase or acquisition of qualified investment prop erty by the lessee. The taxpayer may treat the full value of the leased property as qualified

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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.
(d) No taxpayer shall be authorized to claim on a tax return for a tax year the credit provided for in this Code section if such taxpayer claims on such tax return any of the credits authorized under Code Section 48-7-40 or 48-7-40.1.
48-7-40.3. (a) As used in this Code section, the term:
(1) 'Product' means a marketable product or component of a product which has an economic value to the wholesale or retail consumer and is ready to be used without further alteration of its form or a product or material which is marketed as a prepared material or is a component in the manufacturing and assembly of other finished products.
(2) 'Qualified investment property' means all real and personal property purchased or acquired by a taxpayer for use in the construction of an additional manufacturing facility to be located in this state or the expansion of an existing manufacturing facility located in this state, including, but not limited to, amounts expended on land acquisition, improvements, buildings, building improvements, and machinery and equipment to be used in the manu facturing facility.
(3) '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.
(4) '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.
(5) '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 products which are composed of at least 25 percent recovered materi als, such term including, but not being limited to, power generation and pollution control machinery and equipment.
(6) '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 products from recovered 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 has operated for the immediately pre ceding three years an existing manufacturing facility in this state in a tier 2 county desig nated pursuant to Code Section 48-7-40, there shall be allowed a credit against the tax imposed used Code Section 48-7-21 in an amount equal to 3 percent of the cost of all quali fied investment property purchased or acquired by the taxpayer in such year, subject to the conditions and limitations set forth in this Code section. In the event such qualified invest ment property purchased or acquired by the taxpayer in such year consists of recycling machinery or equipment, a recycling manufacturing facility, pollution control or prevention machinery or equipment, a pollution control or prevention facility, or the conversion from defense to domestic production, the amount of such credit shall be equal to 5 percent.
(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

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property must occur no sooner than January 1, 1994. The credit may be taken beginning with the tax year immediately following the tax year in which the qualified investment property having an aggregate cost in excess of 3 million 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 in formation, 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 year;
(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 year;
(2) Any credit claimed under this Code section but not used in any taxable year may be carried forward for five years from the close of the taxable year in which the qualified in vestment property was acquired, provided that such qualified investment property remains in service. 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. The sale, merger, acquisition, or bankruptcy of any taxpayer shall not create new eligibility in any succeeding taxpayer, but any unused credit may be transferred and continued by any transferee of the taxpayer;
(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 that the project includes the acquisition of qualified investment property having an aggregate cost in excess of $3 million;
(4) Any lease for a period of five years or longer of any real or personal property used in a new or expanded manufacturing facility which would otherwise constitute qualified invest ment property shall be treated as the purchase or acquisition of qualified investment prop erty 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.
(d) No taxpayer shall be authorized to claim on a tax return for a tax year the credit provided for in this Code section if such taxpayer claims on such tax return any of the credits authorized under Code Section 48-7-40 or 48-7-40.1.
48-7-40.4. (a) As used in this Code section, the term:
(1) 'Product' means a marketable product or component of a product which has an economic value to the wholesale or retail consumer and is ready to be used without further alteration of its form or a product or material which is marketed as a prepared material or is a component in the manufacturing and assembly of other finished products.
(2) 'Qualified investment property' means all real and personal property purchased or acquired by a taxpayer for use in the construction of an additional manufacturing facility to be located in this state or the expansion of an existing manufacturing facility located in this state, including, but not limited to, amounts expended on land acquisition, improvements,

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buildings, building improvements, and machinery and equipment to be used in the manu facturing facility.
(3) '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.
(4) '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.
(5) '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 products which are composed of at least 25 percent recovered materi als, such term including, but not being limited to, power generation and pollution control machinery and equipment.
(6) '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 products from recovered 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 has operated for the immediately preceding three years an existing manufacturing facility in this state in a tier 3 county designated pursuant to Code Section 48-7-40, there shall be allowed a credit against the tax imposed under Code Section 48-7-21 in an amount equal to 1 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. In the event such qualified invest ment property purchased or acquired by the taxpayer in such year consists of recycling machinery or equipment, a recycling manufacturing facility, pollution control or prevention machinery or equipment, a pollution control or prevention facility, or the conversion from defense to domestic production, the amount of such credit shall be equal to 3 percent.
(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, 1994. The credit may be taken beginning with the tax year immediately following the tax year in which the qualified investment property having an aggregate cost in excess of $5 million 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 in formation, 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 five years from the close of the taxable year in which the qualified in vestment property was acquired, provided that such qualified investment property remains in service. The credit established by this Code section taken in any one taxable year shall be

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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. The sale, merger, acquisition, or bankruptcy of any taxpayer shall not create new eligibility in any succeeding taxpayer, but any unused credit may be transferred and continued by any transferee of the taxpayer;
(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 that the project includes the acquisition of qualified investment property having an aggregate cost in excess of $5 million;
(4) Any lease for a period of five years or longer of any real or personal property used in a new or expanded manufacturing facility which would otherwise constitute qualified invest ment property shall be treated as the purchase or acquisition of qualified investment prop erty 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.
(d) No taxpayer shall be authorized to claim on a tax return for a tax year the credit provided for in this Code section if such taxpayer claims on such tax return any of the credits authorized under Code Section 48-7-40 or 48-7-40.1.
48-7-40.5. (a) As used in this Code section, the term:
(1) 'Approved retraining' means employer provided or employer sponsored retraining that meets the following conditions:
(A) It enhances the functional skills of employees otherwise unable to function effec tively on the job due to skill deficiencies or who would otherwise be displaced because such skill deficiencies would inhibit their utilization of new technology;
(B) It is approved and certified by the Department of Technical and Adult Education; and
(C) The employer does not require the employee to make any payment for the retrain ing, either directly or indirectly through use of forfeiture of leave time, vacation time, or other compensable time.
(2) 'Cost of retraining' means direct instructional costs as defined by the Department of Technical and Adult Education including instructor salaries, materials, supplies, and text books but specifically excluding costs associated with renting or otherwise securing space.
(3) 'Employee' means any employee resident in this state who is employed for at least 25 hours a week, who has been continuously employed by the employer for at least 16 con secutive weeks.
(4) 'Employer means any employer upon whom an income tax is imposed by this chapter.
(5) 'Employer provided' refers to approved retraining offered on the premises of the employer or on premises approved by the Department of Technical and Adult Education by instructors hired by or employed by an employer.
(6) 'Employer sponsored' refers to a contractual arrangement with a school, university, college, or other instructional facility which offers approved retraining that is paid for by the employer.
(b) A tax credit shall be granted to an employer who provides or sponsors an approved retraining program. The amount of the tax credit shall be equal to one-fourth of the costs of

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retraining per full-time equivalent student, or $500.00 per full-time equivalent student, whichever is less, for each employee who has successfully completed an approved retraining program. No employer may receive a credit if the employer requires that the employee reim burse or pay the employer for the cost of retraining.
(c) The tax credit granted to any employer pursuant to this Code section shall not exceed 50 percent of the amount of the taxpayer's income tax liability for the taxable year as computed without regard to this Code section.
(d) To be eligible to claim the credit granted under this Code section, the employer must certify to the department the name of the employee, the course work successfully com pleted by such employee, the name of the provider of the approved retraining, and such other information as may be required by the department to ensure that credits are only granted to employers who provide or sponsor approved retraining pursuant to this Code section and that such credits are only granted to employers with respect to employees who successfully complete such approved retraining. The department shall adopt rules and regu lations and forms to implement this credit program. The department is expressly authorized and directed to work with the Departr snt of Technical and Adult Education to ensure the proper granting of credits pursuant to this Code section.
(e) The Department of Technical and Adult Education is expressly authorized and di rected to establish such standards as it deems necessary and convenient in approving em ployer provided and employer sponsored retraining programs. In establishing such stan dards, the Department of Technical and Adult Education shall establish required hours of classroom instruction, required courses, certification of teachers or instructors, progressive levels of instruction, and standardized measures of employee evaluation to determine suc cessful completion of a course of study.
48-7-40.6. (a) As used in this Code section, the term:
(1) 'Cost of operation' means reasonable direct operational costs incurred by an em ployer as a result of providing employer provided or employer sponsored child care facilities.
(2) 'Employer' means any employer upon whom an income tax is imposed by this chapter.
(3) 'Employer provided* refers to child care offered on the premises of the employer, provided that the facility is in Georgia.
(4) 'Employer sponsored' refers to a contractual arrangement with a child care facility that is paid for by the employer.
(b) A tax credit shall be granted to an employer who provides or sponsors child care for employees. The amount of the tax credit shall be equal to one-half of the cost of operation to the employer less any amounts paid for by employees during a taxable year.
(c) The tax credit granted to any employer pursuant to this Code section shall not exceed 50 percent of the amount of tht taxpayer's income tax liability for the taxable year as computed w'thout regard to this Cede section. Any credit claimed under this Code sec tion but used in any taxable year may be carried forward for five years from the close of the taxable year in which the cost of operation was incurred.
(d) To be eligible to claim the credit granted under this Code section, the employer must certify to the department the names of the employees, the name of the child care provider, and such other information as may be required by the department to ensure that credits are only granted to employers who provide or sponsor approved child care pursuant to this Code section. The department shall adopt rules and regulations and forms to imple ment this credit program."
Section 5. Said title is further amended by striking paragraph (34) of Code Section 488-3, relating to exemptions from sales and use taxation, and inserting in its place a new paragraph (34) to read as follows:
"(34) The sale of the following types of manufacturing machinery:

WEDNESDAY, MARCH 2, 1994

1209

(A) {i} Machinery which is used directly in the manufacture of tangible personal prop erty when the machinery is bought to replace or upgrade machinery in a manufacturing plant presently existing in this state to the extent that the normal productive capacity of the replacement machinery exceeds the normal productive capacity of the machinery
TG p 1QCCQ J
(ii) Any person making a aalc for any of the purpoaca specified in thia subparagraph shall collect the tax imposed on the sale by this article and remit the tax to the commisaioncr. To obtain the benefits of thia aubparagraph, the purchaser shall file a claim for re fund with the commissioner in the manner authorized by general law, and, if the commisaioncr determines that the requirements of this aubparagraph have been met, he may refund without interest the portion of the tax paid by the purchaser which the commioaioncr finds to be due under thia aubparagraph. For the purposes of thia aubparagraph, the amount of tax paid by the purchaser shall be the amount paid the seller as tax less the amount the acllcf is allowed to retain aa compcnaation for accounting fof and remitting the tax;
(B) Machinery which is used directly in the manufacture of tangible personal property when the machinery is incorporated for the first time into a new manufacturing plant lo cated in this state;
(C) Machinery which is used directly in the manufacture of tangible personal property when;
(i) The the machinery is incorporated as additional machinery for the first time into a manufacturing plant presently existing in this state; and
(ii) The acquisition of the machinery results in a aubotantial increase in the productive capacity of the plant;
(D) Any person making a sale of machinery for either any of the purposes specified in subparagraphs (A), (B), and (C) of this paragraph shall collect the tax imposed on the sale by this article unless trie purchaser furnishes him with a certificate issued by the commis sioner certifying that the purchaser is entitled to purchase the machinery without paying the tax. As a condition precedent to the issuance of the certificate, the commissioner, at his discretion, may require a good and valid bond with a surety company authorized to do busi ness in this state as a surety or may require legal securities, in an amount fixed by the commissioner, conditioned upon payment by the purchaser of all taxes due under this arti cle in the event it should be determined that the sale fails to meet the requirements of this subparagraph;".
Section 6. Said title is further amended by adding a new paragraph immediately follow ing paragraph (34) of Code Section 48-8-3, relating to exemptions from sales and use taxa tion, to be designated paragraph (34.1), to read as follows:
"(34.1) The sale of primary material handling equipment which is used directly for the handling and movement of tangible personal property in a warehouse or distribution facility located in this state when such equipment is either part of an expansion worth $10 million or more of an existing warehouse or distribution facility or part of the construction of a new warehouse or distribution facility worth $10 million or more;".
Section 7. Code Section 36-62-5.1 of the Official Code of Georgia Annotated, relating to joint development authorities, is amended by adding a new subsection at the end thereof, to be designated subsection (e), to read as follows:
"(e) A business located within the jurisdiction of a joint authority established by two or more contiguous counties will qualify for the greatest dollar amount of job tax credits of any of the participating counties, regardless of the county in which the business is physically located. An additional $500.00 tax credit for each new full-time employee position created is available for businesses engaged in manufacturing, warehousing, distributing, wholesaling, processing, research and development, or any other project pursuant to paragraph (6) of Code Section 36-62-2 and located within the jurisdiction of the joint authority or for any business engaged in any such activity or activities the corporate headquarters of which is

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located within the jurisdiction of the joint authority. The $500.00 job tax credit authorized by this subsection shall be subject to all the conditions and limitations specified under Code Section 48-7-40, as amended."
Section 8. This Act shall become effective upon July 1, 1994, and Sections 1, 2, 3, 4, and 7 of this Act shall be applicable to all taxable years beginning on or after January 1, 1994.
Section 9. All laws and parts of laws in conflict with this Act are repealed.
Senators Taylor of the 12th, Middleton of the 50th, Brown of the 26th, et al offered the following amendment:
Amend the Senate Committee on Finance and Public Utilities substitute to HB 1527 by inserting "to provide an exemption from sales and use taxation for certain sales of electric ity;" between "employees;" and "to" on line 24 of page 1.
By striking the quotation marks at the end of line 14 of page 6 and by inserting be tween lines 14 and 15 of page 6 the following:
"(j) Notwithstanding any provision of this chapter to the contrary, any business enter prise Th the fifty-fourth to eightieth least developed counties eligible for a tax credit pursu ant to this Code section as applicable to tax years beginning on or after January 1, 1993, shall have the option of electing such tax credit in taxable year 1994 in lieu of the tax credit otherwise available pursuant to this Code section. The board of community affairs shall promulgate regulations necessary for the implementation of this subsection. This subsection shall be repealed in its entirety effective January 1, 1995.'"
By inserting "which" between "person" and "has" on line 13 of page 18.
By inserting between lines 26 and 27 of page 24 the following:
"Section 4A. Said title is further amended by striking subparagraph (B) of paragraph (6) of Code Section 48-8-2, relating to definitions regarding the state sales and use tax, and inserting in its place a new subparagraph (B) to read as follows:
'(B) (i) Except as otherwise provided in division (ii) of this subparagraph, he the sale of natural or artificial gas, oil, electricity, solid fuel, transportation, local telephone services, beverages, and tobacco products, when made to any purchaser for purposes other than resale.
(ii) The sale of electricity used directly in the manufacture of a product shall not consti tute a retail sale for purposes of this article if the direct cost of such electricity exceeds 50 percent of the cost of all materials, including electricity, used directly in the product and shall be exempt from taxation under this article. Such exemption shall be applied to manu facturers located in this state on or before January 1, 1995, as follows:
(I) For taxable years beginning on or after January 1, 1995, and prior to January 1, 1996, 20 percent of the direct cost of such electricity shall be exempt;
e yi 1997. 40 percent ofTtEhJe direct cost of such electricity shall be exempt;
(III) For taxable years beginning on or after January 1, 1997, and prior to January 1, 1998. 60 percent of the direct cost of such electricity shall be exempt]
(IV) For taxable years beginning on or after January 1, 1998, and prior to January 1, 1999. 80 percent of the direct cost of such electricity shall be exempt; and
(V) For taxable years beginning on or after January 1, 1999, 100 percent of the direct cost of such electricity shall be exempt
Such exemption shall be applied to manufacturers who locate in this state after January 1, 1995, as follows: for taxable years beginning on or after January 1 of the taxable year imme diately following the taxable year in which such manufacturer locates in this state, 20 per cent of the direct cost of such electricity shall be exempt; and for each ensuing taxable year, such exemption amount shall increase by 20 percent effective on January 1 of the taxable

WEDNESDAY, MARCH 2, 1994

1211

year so that by the fourth such ensuing taxable year 100 percent of the direct cost of such

electricity shall be exempt.' "

"

On the adoption of the amendment, the yeas were 39, nays 0; and the Taylor et al. amendment to the committee substitute was adopted.

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

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour Baugh Blitch Boshears
Bowen Broun of 46th BnBruorwtionn of 26th CVQ_h/Ia1eCyeCkHOs Coleman Crotts
Dean Edge Egan Farrow

Gillis Glanton
Gochenour Guhl Harbison
Hemmer Hengon rTTTmT-Ul , HTHTouogkgsm. s
Isakson Langford of 29th Madden Marable McGuire Middleton Newbill

Oliver Parrish
Perdue Pollard Ragan of llth
Ragan of 32nd Ralgton Dt~tay.. SS~.lcoottm.t
Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Alien Kemp (excused)

Langford of 35th (excused)

Robinson (presiding)

On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1266. By Representatives Stephenson of the 25th and Harris of the 112th:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige and special license plates, so as to provide that there shall be no additional annual registration fee for firefighters' license plates.
Senate Sponsor: Senator Madden of the 47th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Baugh

Blitch Boshears Bowen

Broun of 46th Brown of 26th Burton

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Clay Coleman Crotts Day Dean Edge Egan Farrow Gillis Glanton
Gochenour
Guhl
Harbison
Hemmer

Henson Hill Hooks Huggins Isakson Langford of 29th Madden Marable McGuire Middleton
Newbill
Parrish
Perdue
Pollard

Ragan of llth Ragan of 32nd Ralston Ray Scott g, .. c tar,r Taylor Thomas
Thompson
Turner
Tysinger
Walker

Those not voting were Senators:

Alien Cheeks

Kemp (excused) Langford of 35th (excused)

Oliver Robinson (presiding)

On the passage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following bill was taken up to consider House action thereto:
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.
Senator Farrow of the 54th moved that the Senate insist on its substitute to HB 337. On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate insisted on its substitute to HB 337. The Calendar was resumed.
HB 1536. By Representatives Carter of the 166th, Smith of the 109th, Hanner of the 159th and others:
A bill to amend Chapter 51 of Title 43 of the Official Code of Georgia Annotated, relating to water and wastewater treatment plant operators and laboratory ana lysts, so as to change a certain definition; to provide for the performance of labo ratory tests for reporting purposes by certified operators; to provide for a train ing course.
Senate Sponsor: Senator Gillis of the 20th.
Senators Blitch of the 7th and Gillis of the 20th offered the following amendment: Amend HB 1536 by striking lines 7 through 10 of page 1 and inserting in lieu thereof the following: "for very small public water supply systems; to provide for certification of operators of very small public water supply systems; to provide for a training course; to provide for ex aminations; to provide for reciprocity without examination in the issuance of certain li censes; to provide for other".

WEDNESDAY, MARCH 2, 1994

1213

By striking lines 17 and 18 of page 4 and inserting in lieu thereof the following:
"which designation shall apply to all very small public water supply systems in this state which are ground-water systems".
By striking lines 21 and 22 of page 4 and inserting in lieu thereof the following:
"qualifications to operate a very small public water supply system.
(c) Any person who operates a very small public water supply".
By striking line 11 of page 5 and inserting in lieu thereof the following:
"Section 5. Said chapter is further amended by striking in its entirety Code Section 4351-8, relating to lateral entry or reciprocity with other jurisdictions, and inserting in lieu thereof the following:
'43-51-8. The board, upon application, may issue a certificate by without examination to any person who holds a certificate in good standing issued by another country or by any state, territory, or possession of the United States which has requirements for certification substantially similar to those of the board. The board may adopt rules providing the cir cumstances under which such ccrtificatcrihall satisfy the experience and training rcquircrncnta for a written examination; provided, however, that the board may waive the require ment for a written examination if the applicant has paascd a written examination which the board dccma to be aubstantially similar to the written examination used by the board.'
Section 6. 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, 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
oBroun of, 4, n6.tuh Brown of 26th BChuerteokns Clay
Coleman Crotts Day Dean

Farrow Gillis Gochenour Guhl Harbison
Henson Hill HHouogkgsins Isakson
Langford of 29th Madden McGuire Middleton

Newbill Parrish Perdue Pollard Ragan of llth
Ragan of 32nd
*b,loti.n Thomas Thompson Turner Tysinger Walker

Voting in the negative were Senators Edge and Egan.

Those not voting were Senators:

Alien Glanton Kemp (excused) Langford of 35th (excused)

Marable Oliver Ray

Robinson (presiding) Starr Taylor

On the passage of the bill, the yeas were 44, nays 2.

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

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HB 1330. By Representatives Martin of the 47th, Childers of the 13th and Murphy of the 18th:
A bill to amend Chapter 10A of Title 43 of the Official Code of Georgia Anno tated, relating to licensure by the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists, so as to pro vide an exemption from licensure for certain additional counselors.
Senate Sponsor: Senator Madden of the 47th.

The Senate Health and Human Services Committee offered the following amendment:
Amend HB 1330 by striking lines 7 and 8 of page 6 and inserting in lieu thereof the following:
"of full-time paid experience under direction provided by a person acceptable to the association in the practice of chemical"^
By striking line 14 of page 6 and inserting in lieu thereof the following:
"supervision provided by a supervisor who meets the qualifications established by the association and which teaches".
By striking line 17 of page 6 and inserting in lieu thereof the following:
"shall be limited to those practices".
By striking line 22 of page 6 and inserting in lieu thereof the following:
"assessment for addiction diseases; treatment planning; individual, family,"
By striking line 23 of page 6 and inserting in lieu thereof the following:
"and group addiction counseling; case management; crisis".
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 Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Day Dean Edge

Egan Farrow Gillis Glanton Gochenour Guhl Harbison Hemmer Henson Hill Hooks Huggins Isakson Langford of 29th Madden McGuire

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

WEDNESDAY, MARCH 2, 1994

1215

Those not voting were Senators:

Alien

Marable

Kemp (excused)

Oliver

Langford of 35th (excused) Ray

Robinson (presiding) Starr

On the passage of the bill, the yeas 48, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. Senator Gillis of the 20th assumed the Chair.

HB 763. By Representatives Buck of the 135th, Thomas of the 100th, Cummings of the 27th, and others:
A bill to amend Article 5 of Chapter 14 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits and other benefits under the Superior Court Clerks' Retirement Fund of Georgia, so as to change the retirement and disability benefits under such system.

Senate Sponsor: Senator Robinson of the 16th.

The following Fiscal Note, as required by law, was read by the Secretary:
DEPARTMENT OF AUDITS 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400
October 28, 1993
Honorable Bill Cummings, Chairman Retirement Committee House of Representatives State Capitol, Room 402 Atlanta, Georgia 30334
SUBJECT: Actuarial Investigation House Bill 763 (LC 21 2236) Superior Court Clerk's Retirement Fund
Dear Representative Cummings:

This bill would increase the retirement benefits paid to members of the Superior Court Clerk's Retirement Fund. A member with 20 years of creditable service would receive $1,500 a month instead of the current $1,200 a month; a member with at least 16 years of service would receive $1,200 a month instead of $960; a member with 12 years of service would receive $900 a month instead of $720; and a member who becomes totally and permanently disabled after commencing service as a clerk and has at least 16 years of creditable service would receive $1,500 instead of $1,200.

The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actu arial assumptions and methods.

(1) The amount of unfunded actuarial accrued liability which will re

sult from the bill.

$

0

(2) The amount of annual normal cost which will result from the bill. $ 849,061

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(3) The employer contribution rate currently in effect.

A portion of fines,
forfeitures, lawsuits,
and deeds

A portion of

fines,

forfeitures,

(4) The employer contribution rate recommended (in conformity with

lawsuits,

minimum funding standards specified in Code Section 47-20-10).

and deeds

(5) The dollar amount of the increase in the annual employer contribu

tion which is necessary to maintain the retirement system in an ac-

tuarially sound condition.

$

0

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.

Sincerely,

/s/ Claude L. Vickers State Auditor
Senator Pollard of the 24th asked unanimous consent that he be excused from voting on HB 763, pursuant to Senate Rule 175.
The consent was granted and Senator Pollard was excused from voting.

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

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

Those voting in the affirmative were Senators:

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

Egan Farrow Gillis Glanton Guhl Harbison Hemmer Henson Hill Huggins Isakson Langford of 29th Madden McGuire

Middleton Parrish Perdue Ragan of llth Robinson Scott Slotin Taylor Thomas Thompson Turner Tysinger Walker

Those voting in the negative were Senators:

Day Gochenour

Newbill

Ragan of 32nd

Those not voting were Senators:

Alien Cheeks Hooks Kemp (excused)

Langford of 35th (excused) Marable Oliver Pollard (excused)

Ralston Ray Starr

WEDNESDAY, MARCH 2, 1994

1217

On the passage of the bill, the yeas were 41, nays 4.
The bill, having received the requisite constitutional majority, was passed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1222. By Representatives Ladd of the 59th, Johnston of the 81st and Crews of the 78th:
A bill to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to provide for the funding of homestead exemptions within certain special districts through the levy and collection of a local sales and use tax; to provide for the creation of special districts.
HB 1974. By Representatives Shanahan of the 10th, Childers of the 13th, Cummings of the 27th and Lewis of the 14th:
A bill to amend an Act providing a supplement to the salary of the judge of the Superior Court of the Cherokee Judicial Circuit, so as to change the supplement to be paid to each judge and to the district attorney of such circuit.
HB 533. By Representatives Stanley of the 50th, Davis of the 48th, Martin of the 47th, Randall of the 127th and Stanley of the 49th:
A bill to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions with regard to offenses against the pub lic health and morals, so as to provide penalties for contributing to the delin quency of a minor by soliciting, coercing, intimidating, or conspiring with a mi nor to commit a violent crime.
HB 1503. By Representatives Crews of the 78th and Byrd of the 170th:
A bill to amend Code Section 50-27-10 of the Official Code of Georgia Annotated, relating to procedures for regulating the conduct of lottery games, so as to limit the use of certain electronic or mechanical devices to sell lottery tickets or shares.
HB 1936. By Representative Groover of the 125th:
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 pro vide that certain nonprofit corporation statutes shall apply to the Georgia Sports Hall of Fame Board.
HB 1798. By Representatives Reaves of the 178th, Floyd of the 138th, Purcell of the 147th, Greene of the 158th, Carter of the 166th and others:
A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, so as to designate the peanut as the official state crop.
The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 1003. By Representative Mobley of the 86th:
A resolution authorizing the leasing of certain real property owned by the State of Georgia in Barrow County in exchange for termination of a lease of certain other real property owned by the State of Georgia in Barrow County.

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HR 943. By Representatives Skipper of the 137th, Childers of the 13th, Carrell of the 87th and Hudson of the 156th:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly may by general law authorize contracts and agreements among health care providers and other persons for the provision of health care services which may have the effect of lessening competition if the advantages to the public outweigh any disadvantages.
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1185. By Representatives Lane of the 55th, Johnson of the 97th, Smith of the 169th, Johnston of the 81st, Westmoreland of the 104th and others:
A bill to amend Code Section 20-3-411 of the Official Code of Georgia Annotated, relating to definitions regarding tuition equalization grants, so as to change the definition of "approved school".
HB 1654. By Representatives Sherrill of the 62nd, Baker of the 70th, Skipper of the 137th, Stancil of the 91st, Ladd of the 59th and others:
A bill to amend Code Section 48-5-16 of the Official Code of Georgia Annotated, relating to the return of certain personal property for ad valorem taxation, so as to provide that aircraft located in a county other than the county of the owner's residence for 184 days or more in a calendar year shall be returned in that county.
HB 1870. By Representative Crawford of the 129th:
A bill to amend an Act creating a board of commissioners of roads and revenues for Upson County, so as to reapportion the board of commissioners; to provide new commissioner districts.
HB 1946. By Representatives Barnes of the 33rd, Cauthorn of the 35th, Hammond of the 32nd, Coker of the 31st, 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 compensation of the judge and the clerk of the probate court.
HB 1948. By Representatives Skipper of the 137th and Hanner of the 159th:
A bill to amend an Act entitled "An Act to create a Board of Commissioners of Roads and Revenues in the Counties of Floyd, Berrien, Effingham, Schley, Sumter, and Green," so as to provide for the compensation of the chairperson and commissioners of the Sumter County Board of Commissioners.
HB 1952. By Representatives Harris of the 112th and Bargeron of the 120th:
A bill to amend an Act creating a three-member board of commissioners for McDuffie County, so as to change the compensation of the chairperson of the board; to provide for reimbursement of the expenses of the chairperson.
HB 1953. By Representative Birdsong of the 123rd:
A bill to amend an Act providing an annual salary for the Sheriff of Twiggs County in lieu of the fee system of compensation, so as to change the provisions relative to the compensation and benefits of the sheriff.

WEDNESDAY, MARCH 2, 1994

1219

HB 1954. By Representative Birdsong of the 123rd:
A bill to amend an Act providing an annual salary for the Judge of the Probate Court of Twiggs County, so as to change the provisions relative to the compensa tion and benefits of the judge of the probate court.
HB 1955. By Representative Birdsong of the 123rd: A bill to amend an Act providing an annual salary for the clerk of the Superior Court of Twiggs County, so as to change the provisions relating to the compensa tion and benefits of the clerk.
HB 1956. By Representative Birdsong of the 123rd:
A bill to amend an Act providing an annual salary for the Tax Commissioner of Twiggs County, so as to change the provisions relative to the compensation and benefits of the tax commissioner.
HB 1957. By Representative Stancil of the 91st: A bill to establish the compensation of certain officials of Oconee County, Geor gia; to amend an Act placing the Judge of the Probate Court of Oconee County on an annual salary in lieu of the fee system of compensation, so as to provide for the compensation of such official.
HB 1963. By Representatives Carrell of the 87th and Johnson of the 84th: A bill to amend an Act placing the sheriff of Walton County on a salary in lieu of the fee system of compensation, so as to provide that in the event of a vacancy in the office of sheriff of Walton County, the chief deputy shall succeed to the office of sheriff for the remainder of the unexpired term of office.
HB 1964. By Representatives Groover of the 125th, Ray of the 128th, Reichert of the 126th, Randall of the 127th and Lucas of the 124th: A bill to change certain provisions creating the Civil Service System and Board of Bibb County, so as to define a certain term; to change the provisions relating to certification and appointment upon occurrence of a vacancy; to change the provisions relating to demotions.
HB 1965. By Representative Hughes of the 19th: A bill to provide a new charter for the Town of Clermont.
HB 1967. By Representatives Stancil of the 16th, Pinholster of the 15th and Harris of the 17th: A bill to amend an Act providing for the membership of the Board of Education of Cherokee County, so as to change certain provisions relating to the per diem received by members of the board.
HB 1969. By Representatives Hart of the 116th and Padgett of the 119th: A bill to create a board of elections and registration for Burke County.
HB 1975. By Representative Thomas of the 100th: A bill to amend an Act providing a new charter for the City of Mount Zion in Carroll County, so as to provide for four-year staggered terms of office for the mayor and members of the city council.

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HB 1977. By Representative Streat of the 167th:
A bill to amend an Act establishing the office of Commissioner of Roads and Revenues in the County of Coffee, so as to change and reapportion the commis sioner districts.
HB 1980. By Representative Floyd of the 138th:
A bill to amend an Act providing for the Magistrate Court of Pulaski County, so as to provide for the election of the chief magistrate.
HB 1949. By Representatives Carrell of the 87th and Johnson of the 84th:
A bill to provide a homestead exemption from certain Walton County ad valorem taxes for county purposes in the amount of $4,000.00 of the assessed value of the homestead for certain residents of that county.
HB 1958. By Representative Smith of the 102nd:
A bill to provide for a homestead exemption from Harris County ad valorem taxes for county purposes in the amount of $8,000.00 of the assessed value of the homestead for the taxable year beginning on January 1, 1995, and ending Decem ber 31, 1995, and in the amount of $10,000.00 of the assessed value of the home stead for taxable years beginning on or after January 1, 1996, for certain resi dents of that county who are 65 years of age or over or disabled and who have annual gross incomes of $22,000.00 or less per annum.
HB 1959. By Representatives Lewis of the 14th, Cummings of the 27th and Childers of the 13th:
A bill to provide a homestead exemption from certain Bartow County School District ad valorem taxes for educational purposes in the amount of $5,000.00 of the assessed value of the homestead for certain residents of that school district.
HB 1960. By Representatives Lewis of the 14th, Cummings of the 27th and Childers of the 13th:
A bill to provide a homestead exemption from certain Bartow County ad valorem taxes for county purposes in the amount of $5,000.00 of the assessed value of the homestead for certain residents of that county.
HB 1961. By Representatives Lewis of the 14th, Cummings of the 27th and Childers of the 13th:
A bill to provide a homestead exemption from certain Bartow County School District ad valorem taxes for educational purposes in the amount of $28,000.00 of the assessed value of the homestead for certain residents of that school district who are 65 years of age or older.
HB 1962. By Representatives Lewis of the 14th, Cummings of the 27th and Childers of the 13th:
A bill to provide a homestead exemption from certain Bartow County School District ad valorem taxes for educational purposes in the amount of $28,000.00 of the assessed value of the homestead for certain residents of that school district who are disabled and who do not have a gross income from all sources, including Social Security and any other retirement or disability income and including the income of all members of the family residing within said homestead.

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HB 1966. By Representatives Mills of the 21st, Hughes of the 19th, Lawson of the 20th and Stephenson of the 25th:
A bill to provide a homestead exemption from all Hall County School District ad valorem taxes for educational purposes, including but not limited to taxes to re tire school bond indebtedness, in the amount of $20,000.00 of the assessed value of the homestead of certain residents of that school district who have annual gross incomes not exceeding $16,000.00 and who are 62 years of age or over.
HB 1968. By Representatives Pinholster of the 15th, Stancil of the 16th and Harris of the 17th:
A bill to amend an Act providing a homestead exemption from Cherokee County School District ad valorem taxes for educational purposes for the full value of the homestead for certain residents of that school district who have annual incomes not exceeding $16,000.00 and who are 62 years of age or over, so as to increase the income limitation applicable to such exemption.
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 1037. By Representatives Groover of the 125th, Ray of the 128th, Reichert of the 126th, Randall of the 127th, Lucas of the 124th and others:
A resolution commending Honorable Reginald Trice and designating the Regi nald Trice Parkway.
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1762. By Representatives Smith of the 169th, Dixon of the 168th, Floyd of the 138th, Streat of the 167th, Byrd of the 170th and others:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxation, so as to provide for an ex emption with respect to the sale or use of certain off-road equipment and related attachments used exclusively for the purpose of growing and harvesting timber.
HB 1813. By Representative Barnes of the 33rd:
A bill to amend Chapter 8 of Title 14 of the Official Code of Georgia Annotated, known as the "Uniform Partnership Act," so as to provide for required qualifica tion of foreign limited liability partnerships; to provide for a definition; to pro vide for the laws governing a foreign limited liability partnership; to provide for and require certificates of authority.
HB 1270. By Representatives Simpson of the 101st and McClinton of the 68th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide that the Department of Human Resources shall be desig nated as the state agency to implement and administer the state's lead hazard reduction program.
HB 1886. By Representatives Twiggs of the 8th, Colwell of the 7th, Coleman of the 142nd, Parham of the 122nd, Lucas of the 124th and others:
A bill to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to prohibit persons from misleading the general public concerning their employment with or association with a law enforcement agency.

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HB 954. By Representatives Henson of the 65th, Lawson of the 20th, Sherrill of the 62nd, Jones of the 71st, McClinton of the 68th and others:

A bill to amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to state parks, so as to provide that certain facilities, services, and charges for the use of facilities and services of the project of the Stone Mountain Memorial Association, the Jekyll Island--State Park Authority, and the Lake Lanier Islands Development Authority shall not be exempt from and shall be subject to certain taxes.

HB 1458. By Representatives Porter of the 143rd, Poston of the 3rd, Lawson of the 20th, Barnes of the 33rd and Cauthorn of the 35th:
A bill to amend Code Section 15-6-67 of the Official Code of Georgia Annotated, relating to recordation of maps and plats and specifications related thereto, so as to change the specifications relating to maps and plats which may be recorded.

HB 1784. By Representatives Thomas of the 100th and Chandler of the 99th:
A bill to amend Code Section 42-5-51 of the Official Code of Georgia Annotated, relating to jurisdiction of the Department of Corrections and designation of place of confinement of inmates, so as to authorize a sentencing judge to designate a county correctional institution as the place of confinement for a convicted felon.

HB 1567. By Representatives Hammond of the 32nd, Cauthorn of the 35th, Barnes of the 33rd, Thomas of the 100th, Holland of the 157th and others:
A bill to amend Part 2 of Article 3 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to reversions of realty, so as to change time peri ods at which certain reversions shall occur; to provide for notice; to change proce dures regarding cancellation.

HB 1892. By Representatives Chambless of the 163rd and Barnes of the 33rd:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to torts, so as to provide for immunity for certain resident physicians and supervising physicians participating in residency training programs.

HB 1950. By Representatives Trense of the 44th and Byrd of the 170th:
A bill to amend Code Section 20-2-167 of the Official Code of Georgia Annotated, relating to funding for direct instructional costs and media costs so as to prohibit certain expenditures.

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The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 124. By Representative Holland of the 157th: A resolution compensating Mr. Walter Lewis.
HR 259. By Representatives Breedlove of the 85th and Carrell of the 87th: A resolution compensating Mr. Jimmy Helton.
HR 339. By Representative Groover of the 125th: A resolution compensating Ms. Shirley Selph.
HR 767. By Representative Ehrhart of the 36th: A resolution compensating Mr. Louis Horn III.
HR 906. By Representative Scoggins of the 24th: A resolution compensating Mr. Nelson O. Scoggins.
HR 926. By Representative Simpson of the 101st: A resolution compensating Mr. James C. Cook.
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1334. By Representatives Snow of the 2nd, Chandler of the 99th, Streat of the 167th and Carrell of the 87th: A bill to amend Code Section 16-13-71 of the Official Code of Georgia Annotated, relating to the definition of the term "dangerous drug," so as to change the provi sions relating to exceptions from the dangerous drug list for certain grades of nitrous oxide.
HB 1516. By Representative Smith of the 175th: A bill to amend Code Section 20-2-57 of the Official Code of Georgia Annotated, relating to the organization of local boards of education, so as to specify the num ber of such board members who are required to vote to take certain actions and provide for alterations in that number.
HB 1860. By Representative Williams of the 114th: A bill to amend Chapter 20 of Title 43 of the Official Code of Georgia Annotated, relating to hearing aid dealers and dispensers, so as to raise the continuing edu cation hours required from 12 to 18.
HB 1136. By Representative Dixon of the 150th: A bill to amend Code Section 52-2-10 of the Official Code of Georgia Annotated, relating to applicability of traffic laws to roads within the Georgia Ports Author ity's jurisdiction, so as to provide that police officials of the ports authority shall be authorized to issue citations to illegally parked vehicles in specified areas within the grounds of the ports authority.

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JOURNAL OF THE SENATE

HB 1149. By Representatives Murphy of the 18th, Buck of the 135th, Coleman of the 142nd, Lee of the 94th and Walker of the 141st:
A bill to amend Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the board of regents and university system, so as to limit certain appropriations to that board.
HB 1422. By Representatives Mueller of the 152nd, Johnson of the 153rd, Moore of the 113th, Dixon of the 150th and Titus of the 180th:
A bill to amend Article 2 of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to the appointment, powers, and duties of municipal poll of ficers, so as to change the provisions relating to the appointment of clerks; to provide for the superintendent to appoint clerks.
HB 1710. By Representative Coleman of the 142nd:
A bill 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 brack ets for such salaries.
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 555. By Representatives Murphy of the 18th, Buck of the 135th, Coleman of the 142nd, Lee of the 94th and Walker of the 141st:
A resolution proposing an amendment to the Constitution so as to provide for limitations upon the use of appropriations to the board of regents to create or change the status of certain educational institutions.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 1222. By Representatives Ladd of the 59th, Johnston of the 81st and Crews of the 78th: A bill to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to provide for the funding of homestead exemptions within certain special districts through the levy and collection of a local sales and use tax; to provide for the creation of special districts.
Referred to Committee on Finance and Public Utilities.
HB 1974. By Representatives Shanahan of the 10th, Childers of the 13th, Cummings of the 27th and Lewis of the 14th: A bill to amend an Act providing a supplement to the salary of the judge of the Superior Court of the Cherokee Judicial Circuit, so as to change the supplement to be paid to each judge and to the district attorney of such circuit.
Referred to Committee on Urban and County Affairs.
HB 533. By Representatives Stanley of the 50th, Davis of the 48th, Martin of the 47th and others: A bill to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions with regard to offenses against the pub lic health and morals, so as to provide penalties for contributing to the delin quency of a minor by soliciting, coercing, intimidating, or conspiring with a mi nor to commit a violent crime.
Referred to Committee on Judiciary.

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HB 1503. By Representatives Crews of the 78th and Byrd of the 170th:
A bill to amend Code Section 50-27-10 of the Official Code of Georgia Annotated, relating to procedures for regulating the conduct of lottery games, so as to limit the use of certain electronic or mechanical devices to sell lottery tickets or shares. Referred to Committee on Economic Development, Tourism and Cultural Affairs.
HB 1936. By Representative Groover of the 125th:
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 pro vide that certain nonprofit corporation statutes shall apply to the Georgia Sports Hall of Fame Board. Referred to Committee on Economic Development, Tourism and Cultural Affairs.
HB 1798. By Representatives Reaves of the 178th, Floyd of the 138th, Purcell of the 147th and others:
A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, so as to designate the peanut as the official state crop. Referred to Committee on Agriculture.
HR 1003. By Representative Mobley of the 86th:
A resolution authorizing the leasing of certain real property owned by the State of Georgia in Barrow County in exchange for termination of a lease of certain other real property owned by the State of Georgia in Barrow County. Referred to Committee on Finance and Public Utilities.
HR 943. By Representatives Skipper of the 137th, Childers of the 13th, Carrell of the 87th and Hudson of the 156th:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly may by general law authorize contracts and agreements among health care providers and other persons for the provision of health care services which may have the effect of lessening competition if the advantages to the public outweigh any disadvantages. Referred to Committee on Health and Human Services.
HB 1185. By Representative Lane of the 55th:
A bill to amend Code Section 20-3-411 of the Official Code of Georgia Annotated, relating to definitions regarding tuition equalization grants, so as to change the definition of "approved school". Referred to Committee on Education.
HB 1654. By Representatives Baker of the 70th, Skipper of the 137th, Stancil of the 91st and others:
A bill to amend Code Section 48-5-16 of the Official Code of Georgia Annotated, relating to the return of certain personal property for ad valorem taxation, so as to provide that aircraft located in a county other than the county of the owner's residence for 184 days or more in a calendar year shall be returned in that county. Referred to Committee on Finance and Public Utilities.

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JOURNAL OF THE SENATE

HB 1870. By Representative Crawford of the 129th: A bill to amend an Act creating a board of commissioners of roads and revenues for Upson County, so as to reapportion the board of commissioners; to provide new commissioner districts.
Referred to Committee on Urban and County Affairs.
HB 1946. By Representatives Barnes of the 33rd, Cauthorn of the 35th, Hammond of the 32nd 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 compensation of the judge and the clerk of the probate court. Referred to Committee on Urban and County Affairs.
HB 1948. By Representatives Skipper of the 137th and Hanner of the 159th: A bill to amend an Act entitled "An Act to create a Board of Commissioners of Roads and Revenues in the Counties of Floyd, Berrien, Erfingham, Schley, Sumter, and Green," so as to provide for the compensation of the chairperson and commissioners of the Sumter County Board of Commissioners.
Referred to Committee on Urban and County Affairs.
HB 1952. By Representatives Harris of the 112th and Bargeron of the 120th: A bill to amend an Act creating a three-member board of commissioners for McDuffie County, so as to change the compensation of the chairperson of the board; to provide for reimbursement of the expenses of the chairperson.
Referred to Committee on Urban and County Affairs.
HB 1953. By Representative Birdsong of the 123rd: A bill to amend an Act providing an annual salary for the Sheriff of Twiggs County in lieu of the fee system of compensation, so as to change the provisions relative to the compensation and benefits of the sheriff.
Referred to Committee on Urban and County Affairs.
HB 1954. By Representative Birdsong of the 123rd: A bill to amend an Act providing an annual salary for the Judge of the Probate Court of Twiggs County, so as to change the provisions relative to the compensa tion and benefits of the judge of the probate court.
Referred to Committee on Urban and County Affairs.
HB 1955. By Representative Birdsong of the 123rd: A bill to amend an Act providing an annual salary for the clerk of the Superior Court of Twiggs County, so as to change the provisions relating to the compensa tion and benefits of the clerk.
Referred to Committee on Urban and County Affairs.
HB 1956. By Representative Birdsong of the 123rd: A bill to amend an Act providing an annual salary for the Tax Commissioner of Twiggs County, so as to change the provisions relative to the compensation and benefits of the tax commissioner.
Referred to Committee on Urban and County Affairs.

WEDNESDAY, MARCH 2, 1994

1227

HB 1957. By Representative Stancil of the 91st: A bill to establish the compensation of certain officials of Oconee County, Geor gia; to amend an Act placing the Judge of the Probate Court of Oconee County on an annual salary in lieu of the fee system of compensation, so as to provide for the compensation of such official.
Referred to Committee on Urban and County Affairs.
HB 1963. By Representatives Carrell of the 87th and Johnson of the 84th: A bill to amend an Act placing the sheriff of Walton County on a salary in lieu of the fee system of compensation, so as to provide that in the event of a vacancy in the office of sheriff of Walton County, the chief deputy shall succeed to the office of sheriff for the remainder of the unexpired term of office.
Referred to Committee on Urban and County Affairs.
HB 1964. By Representatives Groover of the 125th, Ray of the 128th, Reichert of the 126th and others:
A bill to change certain provisions creating the Civil Service System and Board of Bibb County, so as to define a certain term; to change the provisions relating to certification and appointment upon occurrence of a vacancy; to change the provisions relating to demotions. Referred to Committee on Urban and County Affairs.
HB 1965. By Representative Hughes of the 19th: A bill to provide a new charter for the Town of Clermont.
Referred to Committee on Urban and County Affairs.
HB 1967. By Representatives Stancil of the 16th, Pinholster of the 15th and Harris of the 17th: A bill to amend an Act providing for the membership of the Board of Education of Cherokee County, so as to change certain provisions relating to the per diem received by members of the board.
Referred to Committee on Urban and County Affairs.
HB 1969. By Representatives Hart of the 116th and Padgett of the 119th: A bill to create a board of elections and registration for Burke County.
Referred to Committee on Urban and County Affairs.
HB 1975. By Representative Thomas of the 100th: A bill to amend an Act providing a new charter for the City of Mount Zion in Carroll County, so as to provide for four-year staggered terms of office for the mayor and members of the city council.
Referred to Committee on Urban and County Affairs.
HB 1977. By Representative Streat of the 167th: A bill to amend an Act establishing the office of Commissioner of Roads and Revenues in the County of Coffee, so as to change and reapportion the commis sioner districts.
Referred to Committee on Urban and County Affairs.

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HB 1980. By Representative Floyd of the 138th:
A bill to amend an Act providing for the Magistrate Court of Pulaski County, so as to provide for the election of the chief magistrate. Referred to Committee on Urban and County Affairs.
HB 1949. By Representatives Carrell of the 87th and Johnson of the 84th:
A bill to provide a homestead exemption from certain Walton County ad valorem taxes for county purposes in the amount of $4,000.00 of the assessed value of the homestead for certain residents of that county. Referred to Committee on Urban and County Affairs.
HB 1958. By Representative Smith of the 102nd:
A bill to provide for a homestead exemption from Harris County ad valorem taxes for county purposes in the amount of $8,000.00 of the assessed value of the homestead for the taxable year beginning on January 1, 1995, and ending Decem ber 31, 1995, and in the amount of $10,000.00 of the assessed value of the home stead for taxable years beginning on or after January 1, 1996, for certain resi dents of that county who are 65 years of age or over or disabled and who have annual gross incomes of $22,000.00 or less per annum. Referred to Committee on Urban and County Affairs.
HB 1959. By Representatives Lewis of the 14th, Cummings of the 27th and Childers of the 13th:
A bill to provide a homestead exemption from certain Bartow County School District ad valorem taxes for educational purposes in the amount of $5,000.00 of the assessed value of the homestead for certain residents of that school district. Referred to Committee on Urban and County Affairs.
HB 1960. By Representatives Lewis of the 14th, Cummings of the 27th and Childers of the 13th:
A bill to provide a homestead exemption from certain Bartow County ad valorem taxes for county purposes in the amount of $5,000.00 of the assessed value of the homestead for certain residents of that county. Referred to Committee on Urban and County Affairs.
HB 1961. By Representatives Lewis of the 14th, Cummings of the 27th and Childers of the 13th:
A bill to provide a homestead exemption from certain Bartow County School District ad valorem taxes for educational purposes in the amount of $28,000.00 of the assessed value of the homestead for certain residents of that school district who are 65 years of age or older. Referred to Committee on Urban and County Affairs.
HB 1962. By Representatives Lewis of the 14th, Cummings of the 27th and Childers of the 13th:
A bill to provide a homestead exemption from certain Bartow County School District ad valorem taxes for educational purposes in the amount of $28,000.00 of the assessed value of the homestead for certain residents of that school district who are disabled and who do not have a gross income from all sources, including Social Security and any other retirement or disability income and including the income of all members of the family residing within said homestead. Referred to Committee on Urban and County Affairs.

WEDNESDAY, MARCH 2, 1994

1229

HB 1966. By Representatives Mills of the 21st, Hughes of the 19th, Lawson of the 20th and Stephenson of the 25th:
A bill to provide a homestead exemption from all Hall County School District ad valorem taxes for educational purposes, including but not limited to taxes to re tire school bond indebtedness, in the amount of $20,000.00 of the assessed value of the homestead of certain residents of that school district who have annual gross incomes not exceeding $16,000.00 and who are 62 years of age or over. Referred to Committee on Urban and County Affairs.
HB 1968. By Representatives Pinholster of the 15th, Stancil of the 16th and Harris of the 17th:
A bill to amend an Act providing a homestead exemption from Cherokee County School District ad valorem taxes for educational purposes for the full value of the homestead for certain residents of that school district who have annual incomes not exceeding $16,000.00 and who are 62 years of age or over, so as to increase the income limitation applicable to such exemption. Referred to Committee on Urban and County Affairs.
HR 1037. By Representatives Groover of the 125th, Ray of the 128th, Reichert of the 126th and others:
A resolution commending Honorable Reginald Trice and designating the Regi nald Trice Parkway. Referred to Committee on Transportation.
HB 1762. By Representatives Smith of the 169th, Dixon of the 168th, Floyd of the 138th and others:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxation, so as to provide for an ex emption with respect to the sale or use of certain off-road equipment and related attachments used exclusively for the purpose of growing and harvesting timber.
Referred to Committee on Finance and Public Utilities.
HB 1813. By Representative Barnes of the 33rd:
A bill to amend Chapter 8 of Title 14 of the Official Code of Georgia Annotated, known as the "Uniform Partnership Act," so as to provide for required qualifica tion of foreign limited liability partnerships; to provide for a definition; to pro vide for the laws governing a foreign limited liability partnership; to provide for and require certificates of authority. Referred to Committee on Judiciary.
HB 1270. By Representatives Simpson of the 101st and McClinton of the 68th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide that the Department of Human Resources shall be desig nated as the state agency to implement and administer the state's lead hazard reduction program. Referred to Committee on Health and Human Services.
HB 1886. By Representatives Twiggs of the 8th, Colwell of the 7th, Coleman of the 142nd and others:
A bill to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to prohibit persons from misleading

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JOURNAL OF THE SENATE

the general public concerning their employment with or association with a law enforcement agency. Referred to Committee on Public Safety.
HB 954. By Representatives Henson of the 65th, Lawson of the 20th and Sherrill of the 62nd:
A bill to amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to state parks, so as to provide that certain facilities, services, and charges for the use of facilities and services of the project of the Stone Mountain Memorial Association, the Jekyll Island--State Park Authority, and the Lake Lanier Islands Development Authority shall not be exempt from and shall be subject to certain taxes. Referred to Committee on Finance and Public Utilities.
HB 1334. By Representatives Snow of the 2nd, Chandler of the 99th, Streat of the 167th and Carrell of the 87th:
A bill to amend Code Section 16-13-71 of the Official Code of Georgia Annotated, relating to the definition of the term "dangerous drug," so as to change the provi sions relating to exceptions from the dangerous drug list for certain grades of nitrous oxide. Referred to Committee on Health and Human Services.
HB 1422. By Representatives Mueller of the 152nd, Johnson of the 153rd, Moore of the 113th and others:
A bill to amend Article 2 of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to the appointment, powers, and duties of municipal poll of ficers, so as to change the provisions relating to the appointment of clerks; to provide for the superintendent to appoint clerks. Referred to Committee on Ethics.
HB 1516. By Representative Smith of the 175th:
A bill to amend Code Section 20-2-57 of the Official Code of Georgia Annotated, relating to the organization of local boards of education, so as to specify the num ber of such board members who are required to vote to take certain actions and provide for alterations in that number. Referred to Committee on Education.
HB 1567. By Representatives Hammond of the 32nd, Cauthorn of the 35th, Barnes of the 33rd and others:
A bill to amend Part 2 of Article 3 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to reversions of realty, so as to change time peri ods at which certain reversions shall occur; to provide for notice; to change proce dures regarding cancellation. Referred to Committee on Special Judiciary.
HB 1710. By Representative Coleman of the 142nd:
A bill 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 brack ets for such salaries. Referred to Committee on Judiciary.

WEDNESDAY, MARCH 2, 1994

1231

HB 1860. By Representative Williams of the 114th: A bill to amend Chapter 20 of Title 43 of the Official Code of Georgia Annotated, relating to hearing aid dealers and dispensers, so as to raise the continuing edu cation hours required from 12 to 18.
Referred to Committee on Health and Human Services.
HB 1892. By Representatives Chambless of the 163rd and Barnes of the 33rd:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to torts, so as to provide for immunity for certain resident physicians and supervising physicians participating in residency training programs. Referred to Committee on Judiciary.
HB 1950. By Representatives Trense of the 44th and Byrd of the 170th:
A bill to amend Code Section 20-2-167 of the Official Code of Georgia Annotated, relating to funding for direct instructional costs and media costs so as to prohibit certain expenditures. Referred to Committee on Education.
HB 1136. By Representative Dixon of the 150th: A bill to amend Code Section 52-2-10 of the Official Code of Georgia Annotated, relating to applicability of traffic laws to roads within the Georgia Ports Author ity's jurisdiction, so as to provide that police officials of the ports authority shall be authorized to issue citations to illegally parked vehicles in specified areas within the grounds of the ports authority.
Referred to Committee on Economic Development, Tourism and Cultural Affairs.
HB 1149. By Representatives Murphy of the 18th, Buck of the 135th, Coleman of the 142nd and others: A bill to amend Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the board of regents and university system, so as to limit certain appropriations to that board.
Referred to Committee on Higher Education.
HR 555. By Representatives Murphy of the 18th, Buck of the 135th, Coleman of the 142nd and others: A resolution proposing an amendment to the Constitution so as to provide for limitations upon the use of appropriations to the board of regents to create or change the status of certain educational institutions.
Referred to Committee on Higher Education.
HB 1458. By Representatives Porter of the 143rd, Poston of the 3rd, Lawson of the 20th and others: A bill to amend Code Section 15-6-67 of the Official Code of Georgia Annotated, relating to recordation of maps and plats and specifications related thereto, so as to change the specifications relating to maps and plats which may be recorded.
Referred to Committee on Judiciary.
HB 1784. By Representatives Thomas of the 100th and Chandler of the 99th: A bill to amend Code Section 42-5-51 of the Official Code of Georgia Annotated, relating to jurisdiction of the Department of Corrections and designation of place

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of confinement of inmates, so as to authorize a sentencing judge to designate a county correctional institution as the place of confinement for a convicted felon. Referred to Committee on Judiciary.
HR 124. By Representative Holland of the 157th: A resolution compensating Mr. Walter Lewis.
Referred to Committee on Appropriations.
HR 259. By Representatives Breedlove of the 85th and Carrell of the 87th: A resolution compensating Mr. Jimmy Helton.
Referred to Committee on Appropriations.
HR 339. By Representative Groover of the 125th: A resolution compensating Ms. Shirley Selph.
Referred to Committee on Appropriations.
HR 767. By Representative Ehrhart of the 36th: A resolution compensating Mr. Louis Horn III.
Referred to Committee on Appropriations.
HR 906. By Representative Scoggins of the 24th: A resolution compensating Mr. Nelson O. Scoggins.
Referred to Committee on Appropriations.
HR 926. By Representative Simpson of the 101st: A resolution compensating Mr. James C. Cook.
Referred to Committee on Appropriations.
Senator Robinson of the 16th moved that the Senate stand in recess until 10:00 P.M., and at that time adjourn until 9:30 A.M. tomorrow; the President announced that the mo tion prevailed at 12:25 P.M.

THURSDAY, MARCH 3, 1994

1233

Senate Chamber, Atlanta, Georgia Thursday, March 3, 1994
Thirty-fourth Legislative Day
The Senate met pursuant to adjournment at 9:30 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 500. By Senators Scott of the 36th, Slotin of the 39th and Newbill of the 56th: A bill to amend an Act creating a purchasing department in counties having a population of 200,000 or more, amended to apply to counties having a population of 550,000 or more, as amended, so as to eliminate certain powers and duties of a county purchasing agent; to provide an effective date.
SB 691. By Senators Boshears of the 6th and Kemp of the 3rd: A bill to amend an Act creating the Magistrate Court of Glynn County, as amended, so as to redesignate the presiding officer of the Magistrate Court of Glynn County as chief magistrate; to provide for the partisan election of the chief magistrate of the Magistrate Court of Glynn County; to provide for terms of office.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 723. By Senators Farrow of the 54th and Huggins of the 53rd: A bill to amend an Act shortening the terms of office and providing for the elec tion of members of the Board of Education of Whitfield County so as to change the composition of education districts; to provide for the election of members from such education districts.
Referred to Committee on Urban and County Affairs.
SB 724. By Senators Farrow of the 54th and Huggins of the 53rd: A bill to amend an Act creating the board of commissioners of Whitfield County, as amended, so as to change the composition of commissioner districts from which certain members of the board are elected.
Referred to Committee on Urban and County Affairs.
SB 725. By Senators Farrow of the 54th and Huggins of the 53rd: A bill to transfer the intake and probation services of the Juvenile Court of Whitfield County to the state-wide juvenile and intake services funded by the Georgia Department of Children and Youth Services; to provide for a transfer of

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JOURNAL OF THE SENATE

employees; to provide for the approval of such transfer; to provide for a contin gent applicability date; to provide an effective date.
Referred to Committee on Urban and County Affairs.

SR 579. By Senators Brown of the 26th, Harbison of the 15th, Taylor of the 12th and others:
A resolution urging the Georgia Airport Development Authority to locate and construct this state's next major airport in an area centrally located to Macon, Albany, and Columbus.
Referred to Committee on Transportation.

SR 581. By Senator Farrow of the 54th: A resolution amending the Rules of the Senate.
Referred to Committee on Rules. The following reports of standing committees were read by the Secretary:

Mr. President:

The Committee on 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 529. Do pass.

HB 1861. Do pass as amended.

HB 1641. Do pass as amended.

HR 937. Do pass.

Respectfully submitted,

Senator Ragan of the llth District, Chairman

Mr. President:

The Committee on Appropriations 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 1274. Do pass. HB 1375. Do pass by substitute. HB 1810. Do pass.
Respectfully submitted,
Senator Hooks of the 14th District, Chairman

Mr. President:

The Committee on Defense and Veterans Affairs has had under consideration the fol lowing bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1684. Do pass.
Respectfully submitted,
Senator Harbison of the 15th District, Chairman

Mr. President:

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

THURSDAY, MARCH 3, 1994

1235

and has instructed me to report the same back to the Senate with the following recommendation:
HB 1429. Do pass.
Respectfully submitted,
Senator Farrow of the 54th 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 389. Do pass as amended. HB 471. Do pass. HB 1393. Do pass.
Respectfully submitted,
Senator Pollard of the 24th District, Chairman

Mr. President:

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

HB 1395. Do pass.

HB 1727. Do pass.

HB 1398. Do pass.

HB 1754. Do pass by substitute.

Respectfully submitted,

Senator Oliver of the 42nd District, Chairman

Mr. President:

The Committee on Retirement has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 419. Do pass. HB 671. Do pass. HB 1153. Do pass.
Respectfully submitted,
Senator Huggins of the 53rd District, Chairman

Mr. President:

The Committee on Special Judiciary has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1198. Do pass as amended. HB 1632. Do pass.
Respectfully submitted,
Senator Egan of the 40th District, Chairman

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JOURNAL OF THE SENATE

Mr. President:

The Committee on Special Judiciary has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 326. Do pass by substitute. HB 1405. Do pass by substitute.
Respectfully submitted,
Senator Egan of the 40th District, Chairman

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 715. Do pass. HB 1504. Do pass. HB 1880. Do pass.
Respectfully submitted,
Senator Thompson of the 33rd District, Chairman

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 721. Do pass. HB 1909. Do pass as amended.
Respectfully submitted,
Senator Thompson of the 33rd District, Chairman

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

HB 250 HB 679 HB 1177 HB 1326 HB 1439 HB 1531 HB 1626 HB 1702

HB 596 HB 914 HB 1221 HB 1337 HB 1469 HB 1547 HB 1627 HB 1906

HB 649 HB 1130 HB 1314 HB 1376 HB 1471 HB 1570 HB 1672 HR 1012

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

Balfour Baugh Boshears Bowen Broun of 46th Brown of 26th

Burton Clay Day Dean Farrow Gillis

Glanton Gochenour Guhl Harbison Hemmer Henson

THURSDAY, MARCH 3, 1994

1237

Hill Hooks Huggins Kemp Langford of 29th Madden Marable McGuire

Middleton Newbill Oliver Perdue Pollard Ragan of llth Ragan of 32nd

Ray Robinson Slotin Starr Thompson Turner Tysinger

Those not answering were Senators:

Abernathy Allen Seeks Coleman Crotts

Edge Egan Isakson Langford of 35th (excused) Parrish

Ralston Scott Tflylor Thomas Walker

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Baugh of the 25th introduced the chaplain of the day, Dr. Harold Lawrence, pastor of the First United Methodist Church, Milledgeville, Georgia, who offered scripture reading and prayer.
The following resolution of the Senate was read and adopted:
SR 580. By Senators Gillis of the 20th, Hill of the 4th, Tysinger of the 41st and others: A resolution recognizing the 50th anniversary of Smokey Bear and the tremen dous influence this fictional character has had on the prevention of forest fires across our state.
Senator Gillis of the 20th introduced Smokey the Bear and the Director of the Forestry Commission, Mr. Mixon.
The following resolutions were read and adopted:
SR 574. By Senator Dean of the 31st: A resolution recognizing Coach Robert Parsons.
SR 575. By Senator Dean of the 31st: A resolution recognizing the Paulding County Rotary Club.
SR 576. By Senator Thomas of the 10th: A resolution recognizing Charles Turner.
SR 577. By Senator Thomas of the 10th: A resolution recognizing the Junior Reserve Officer Training Corps (ROTC) at Ronald E. McNair Senior High School.

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SR 578. By Senator Thomas of the 10th: A resolution commending Don Speaks.

SR 582. By Senators Turner of the 8th and Coleman of the 1st: A resolution recognizing Mr. R. J. "Dick" Burrell.

SR 583. By Senator Dean of the 31st: A resolution commending Robert B. Stephens.

SR 587. By Senator Pollard of the 24th: A resolution commending Mr. Wayne Tankersly.

SR 588. By Senator Pollard of the 24th:
A resolution commending the Madison-Morgan County Chamber of Commerce Agribusiness Committee.

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

SENATE LOCAL CONSENT CALENDAR
Thursday, March 3, 1994 THIRTY-FOURTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

SB 721 Day, 48th Hemmer, 49th FORSYTH COUNTY
Amends an Act creating a board of commissioners for Forsyth County, so as to change the manner of filling vacancies on said board; to provide for certain submissions; to repeal conflicting laws.

*HB 1909

Edge, 28th COWETA COUNTY
Provides for the nonpartisan nomination and election of the judge of the Pro bate Court of Coweta County. (AMENDMENT)

The amendment to the following bill was put upon its adoption:
*HB 1909:
The Senate Committee on Urban and County Affairs offered the following amendment:
Amend HB 1909 by striking line 16 of page 1 and inserting the following:
"1996 and every four years thereafter, the judge of the". On the adoption of the amendment, the yeas were 44, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.
On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:

THURSDAY, MARCH 3, 1994

1239

Those voting in the affirmative were Senators:

Balfour Baugh Boshears Bowen Brown of 26th Burton

Harbison Hemmer Henson Hill Hooks Huggins

Cloalveman DDaeyan Egan Farrow Gillis
Gochenour Guhl

IKseamkspon LMaandgdfeonrd of 29th Marable McGuire Newbill
Oliver Parrish

Perdue Pollard Ragan of llth Ragan of 32nd Ralston R
R,,,obi. nson *bltoatrmr Taylor Thomas Thompson
Turner Tysinger

Those not voting were Senators:

Abernathy Alien Blitch Broun of 46th

Cheeks

Crotts



Edge

Glanton

Langford of 35th (excused) Middleton Scott Walker

On the passage of all the local bills, the yeas were 44, nays 0.
All the bills on the Senate Local Consent Calendar, except HB 1909, having received the requisite constitutional majority, were passed.
HB 1909, having received the requisite constitutional majority, was passed as amended.

SENATE RULES CALENDAR
Thursday, March 3, 1994
THIRTY-FOURTH LEGISLATIVE DAY
HB 1613 Business Tax--business subject to taxation by municipal charter (F&PU--24th) Bates--179th
HB 1676 Financial Institutions--affiliate transfers; state credit unions (B&FI--8th) Oli ver--154th
HB 837 Contracts--timely payments to contractors, subs, suppliers (Substitute) (ST&I--29th) Snow--2nd
HB 1619 Underground Storage Tanks--inspections and emergency orders (Amendment) (Nat R--28th) Patten--176th
HB 862 Water Service--no refusal when amount owed by prior occupant (U&CA G--33rd) Holmes--53rd
HB 1486 Seat Belt Requirement--pickups, off-road vehicles (YA&HE--52nd) Lane--55th
HB 1489 Joint City/County Sales Tax Proceeds--distribution certificates (Substitute) (F&PU--18th) Johnson--153rd
HB 1201 License to Carry Weapon--prohibit convicted felon (S Judy--6th) Wall--82nd
HB 1451 MARTA--certain interest income for operating costs (U&CA G--33rd) Mar tin--47th
HB 913 Fulton County Board of Education Retirement--service required, benefits (Ret--38th) Lane--55th
HB 1192 Municipal Officers Elected in 1988 for 6 Years--terms (Ethics--12th) Greene--158th

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HB 1195 Flea Market Sales--record keeping requirements (Substitute) (ST&I--41st) Watson--139th
HB 912 Hotel Room Service--distilled spirits provisions (C Aff--55th) Dixon--168th
HB 1514 Upper Oconee Basin Water Authority--create (U&CA G--46th) Stephenson--25th
HB 1601 Special License Plates--state commanders, certain veterans' organizations (Pub Saf--23rd) Birdsong--123rd
HB 1333 Public Safety Department Employees--campaign contributions, holding certain offices (Amendment) (Ethics--23rd) Snow--2nd
HR 773 Herbert A. Saliba Bridge--designate (Trans--14th) James--140th

Respectfully submitted,
Is/ Scott of the 36th, Chairman Senate Rules Committee
The following general bills were read the third time and put upon their passage:

HB 1613. By Representatives Bates of the 179th, Yeargin of the 90th, Watts of the 26th and others:
A bill to amend Code Section 48-13-6 of the Official Code of Georgia Annotated, relating to the levy of occupation tax by counties and municipalities, and Code Section 48-13-16 of the Official Code of Georgia Annotated, relating to businesses or practitioners of occupations exempt from occupation taxes of local govern ments, so as to clarify that certain businesses and occupations are not subject to the provisions of Article 1 of Chapter 13 of Title 48, but remain subject to taxa tion under other provisions of general law and municipal charters.

Senate Sponsor: Senator Pollard of the 24th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Baugh Boshears Bowen Brown of 26th Burton Clay Coleman Day Dean Egan Farrow Gillis Glanton

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

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

Those not voting were Senators:

Abernathy Alien Blitch Broun of 46th Cheeks

Crotts Edge Langford of 35th (excused) Middleton Perdue

Ragan of llth Scott Tysinger Walker

THURSDAY, MARCH 3, 1994

1241

On the passage of the bill, the yeas were 42, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 1676. By Representative Oliver of the 154th:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to change the filing requirements for affili ate transfers so as to require the affiliated trust company to file information re garding the transfer with the Department of Banking and Finance; to allow state credit unions to give their employees a preferential rate on loans as an employee benefit.
Senate Sponsor: Senator Turner of the 8th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour
Baugh Blitch Boshears Bowen Brown of 26th Burton

Gochenour
Guhl Harbison Hemmer Henson Hill Hooks

Oliver
Parrish Pollard Ragan of llth Ragan of 32nd Ralston P

Day Dean Egan Farrow Gillis Glanton

Kemp Langford of 29th Madden Marable McGuire Newbill

J otm terr Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Alien Broun of 46th Cheeks

Crotts Edge Langford of 35th (excused) Middleton

Perdue Scott Taylor Walker

On the passage of the bill, the yeas were 44, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 837. By Representatives Snow of the 2nd, Bargeron of the 120th, Powell of the 23rd and others:
A bill to amend Title 13 of the Official Code of Georgia Annotated, relating to contracts, so as to provide for timely payments to contractors, subcontractors, and suppliers; to provide for definitions; to provide time limits for payments to contractors and subcontractors; to provide for the withholding of payments and grounds therefor.
Senate Sponsor: Senator Langford of the 29th.

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The Senate Science, Technology and Industry Committee offered the following substi tute to HB 837:
A BILL
To be entitled an Act to amend Title 13 of the Official Code of Georgia Annotated, relating to contracts, so as to provide for timely payments to contractors, subcontractors, and suppliers; to provide a short title; to provide for definitions; to provide time limits for payments to contractors and subcontractors; to provide for the withholding of payments and grounds therefor; to provide for the withholding of certifications; to provide for interest on late payments; to provide for attorneys' fees; to provide for nonexclusive remedies; to pro vide for applicability; to otherwise regulate contractual relationships between owners, con tractors, and subcontractors; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 13 of the Official Code of Georgia Annotated, relating to contracts, is amended by adding at the end thereof a new Chapter 11 to read as follows:
"CHAPTER 11
13-11-1. This chapter shall be known and may be cited as the 'Georgia Prompt Pay Act.'
13-11-2. As used in this chapter, the term:
(1) 'Contractor' means a person who contracts with an owner to improve real property, to perform construction services, or to perform construction management services for an owner.
(2) 'Improve' means to build, effect, alter, repair, or demolish any improvement upon, connected with, or on or beneath the surface of any real property or to excavate, clear, grade, fill, or landscape any real property or to construct driveways and private roadways or to furnish materials, including trees and shrubbery, for any of such purposes or to perform any labor upon such improvements.
(3) 'Improvement' means all or any part of any building, structure, erection, alteration, demolition, excavation, clearing, grading, filling, or landscaping, including trees and shrub bery, driveways, and roadways, on real property.
(4) 'Owner' means a person who has an interest in the real property improved and for whom an improvement is made and who ordered the improvement to be made. 'Owner' includes private persons and entities and state, local, or municipal government agencies, instrumentalities, or entities.
(5) 'Owner's representative' means the architect or engineer in charge of the project for the owner or such other contract representative or officer as designated in the contract doc uments as the party representing the owner's interest regarding administration and over sight of the project.
(6) 'Real property' means the real estate that is improved, including lands, leaseholds, tenements, and improvements placed on the real property.
(7) 'Receipt' means actual receipt of cash or funds in the contractor's or subcontractor's bank account.
(8) 'Subcontractor' means any person who has contracted to furnish labor or materials to, or has performed labor or supplied materials for, a contractor or another subcontractor in connection with a contract to improve real property. For purposes of this chapter, the term 'subcontractor' shall also include materialmen as defined in Code Section 44-14-360.
13-11-3. Performance by a contractor or subcontractor in accordance with the provi sions of his or her contract and the satisfaction of the conditions of his or her contract

THURSDAY, MARCH 3, 1994

1243

precedent to payment entitles such person to payment from the party with whom he or she contracts.
13-11-4. (a) When a contractor has performed in accordance with the provisions of a contract, the owner shall pay the contractor within 15 days of receipt by the owner or the owner's representative of any payment request based upon work completed or service pro vided under the contract.
(b) When a subcontractor has performed in accordance with the provisions of its sub contract and the subcontract conditions precedent to payment have been satisfied, the con tractor shall pay to that subcontractor and each subcontractor shall pay to its subcontrac tor, within ten days of receipt by the contractor or subcontractor of each periodic or final payment, the full amount received for such subcontractor's work and materials based on work completed or service provided under the subcontract, provided that the subcontractor has provided or provides such satisfactory reasonable assurances of continued performance and financial responsibility to complete his or her work as the contractor in his or her rea sonable discretion may require, including but not limited to a payment and performance bond.
13-11-5. (a) Nothing in this chapter shall prevent the owner from withholding payment to its contractor because of the following: unsatisfactory job progress; defective construction which has not been remedied; disputed work; third-party claims filed or reasonable evidence that a claim will be filed; failure of the contractor or its subcontractor to make timely pay ments for labor, equipment, and materials; damage caused by the contractor to the owner, other contractors, or subcontractors; or reasonable evidence that the contract cannot be completed for the unpaid balance of the contract sum. In addition to the other bases for withholding set forth in this subsection, the owner may withhold a reasonable amount for retainage, provided that the retainage withheld by the owner shall not exceed the retainage percentage set forth in the contract between the contractor and the owner.
(b) Nothing in this chapter shall prevent the contractor or a subcontractor from with holding payment to a subcontractor for: unsatisfactory job progress; defective construction which has not been remedied; disputed work; third-party claims filed or reasonable evidence that a claim will be filed; failure of the subcontractor to make timely payments for labor, equipment, and materials; damage caused by the subcontractor to the owner, the contractor, or contractors or subcontractors; or reasonable evidence that the subcontract cannot be completed for the unpaid balance of the subcontract sum. In addition to the other bases for withholding set forth in this subsection, the contractor or the subcontractor, as the case may be, may withhold a reasonable amount for retainage, provided that the retainage withheld shall not exceed the percentage retained from the contractor by the owner on account of the subcontractor's work.
13-11-6. The contractor shall, within ten days from the contractor's receipt of retainage from the owner, pass through payments to subcontractors and shall reduce each subcontrac tor's retainage in the same manner as the contractor's retainage is reduced by the owner, provided that the value of the subcontractor's work complete and in place equals 50 percent of his or her subcontract value, including approved change orders and other additions to the subcontract value and, provided, further, that the work of the subcontractor is proceeding satisfactorily and, provided, further, that the subcontractor has provided or provides such satisfactory reasonable assurances of continued performance and financial responsibility to complete his or her work as the contractor in his or her reasonable discretion may require, including but not limited to a payment and performance bond.
13-11-7. (a) Except as provided in Code Section 13-11-5, if a periodic or final payment to a contractor is delayed by more than 15 days or if a periodic or final payment to a sub contractor is delayed more than ten days after receipt of periodic or final payment by the contractor or subcontractor, the owner, contractor, or subcontractor as the case may be, shall pay his or her contractor or subcontractor interest, beginning on the day following the due date, at the rate of 1 percent per month or a pro rata fraction thereof on the unpaid balance as may be due. However, no interest is due unless the person being charged interest

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JOURNAL OF THE SENATE

has been notified of the provision of this Code section at the time the request for payment is made. Acceptance of progress payments or final payment shall release all claims for interest on said payments.
(b) Nothing in this chapter shall prohibit owners, contractors, and subcontractors from agreeing by contract to rates of interest, payment periods, and contract and subcontract terms different from those stipulated in this Code section, and in this event, these contrac tual provisions shall control, provided the requirements of this chapter are specifically waived in writing. In case of a willful breach of the contract provisions as to the time of payment, the interest rate specified in this Code section shall apply.
13-11-8. In any action to enforce a claim under this chapter, the prevailing party is entitled to recover a reasonable fee for the services of its attorney including but not limited to trial and appeal and arbitration, in an amount to be determined by the court or the arbitrators, as the case may be.
13-11-9. Neither the right to recover interest on a payment nor the right to recover attorneys' fees under this chapter are exclusive remedies. This chapter does not modify the remedies available to any person under the terms of a contract or by another statute.
13-11-10. The provisions of this chapter do not apply to improvements to real property intended for residential purposes which consist of 12 or fewer residential units.
13-11-11. The provisions of this chapter do not apply to contracts or subcontracts en tered into prior to January 1, 1995."
Section 2. This Act shall become effective on January 1, 1995.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Langford of the 29th offered the following amendment:
Amend the Senate committee substitute to HB 837 as follows:
Delete the period at the end of line 23 on page 2 of HB 837 and insert after the word "entities" the following:
"; provided, however, that the provisions of this chapter shall not apply when the owner is a county having a population of less than 10,000 according to the United States decennial census of 1990 or any such future census or when the owner is a municipality having a population of less than 2,500 according to the official 1990 decennial United States Census or any such future census."; and
at the end of page 7 add the following:
"Section 4. This Act is not intended to repeal or affect the applicability of Code Sec tion 7-4-16.
On the adoption of the amendment, the yeas were 30, nays 0, and the Langford amend ment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch

Boshears Bowen Broun of 46th Brown of 26th Burton

Clay Coleman Day Dean Egan

THURSDAY, MARCH 3, 1994

1245

Farrow Gillis Gochenour Guhl Harbison Hemmer Henson Hooks Huggins Isakson

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

Those not voting were Senators:

Cheeks Crotts Edge Glanton

Hill Kemp Langford of 35th (excused) Oliver

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

On the passage of the bill, the yeas were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
HB 862. By Representatives Holmes of the 53rd and Dixon of the 168th:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to provide that public or private water suppliers may not refuse to supply water to certain property because of the indebtedness of a prior owner, prior occupant, or prior lessee.
Senate Sponsor: Senator Thompson of the 33rd.
Senator Dean of the 31st offered the following substitute to HB 862:
A BILL
To be entitled an Act to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to provide that public or private water suppliers may not refuse to supply water to certain property because of the indebtedness of a prior owner, prior occupant, or prior lessee; to provide for exceptions; to require such water suppliers to keep identifying infor mation on any user of water service; to require public or private water suppliers to seek reimbursement for unpaid charges only from the person who incurred the charges; to pro vide for limited liens for certain unpaid charges; to provide for exceptions to the foregoing by local Act; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, is amended by adding immediately following Code Section 36-60-16 a new Code Section 36-60-17 to read as follows:
"36-60-17. (a) Except as otherwise provided in subsection (e) of this Code section, no public or private water supplier shall refuse to supply water to any single or multifamily residential property to which water has been furnished through the use of a separate water meter for each residential unit on application of the owner or new resident tenant of the premises because of the indebtedness of a prior owner, prior occupant, or prior lessee to the water supplier for water previously furnished to such premises.
(b) For each new or current account to supply water to any premises or property, the

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public or private water supplier shall maintain a record of identifying information on the user of the water service and shall seek reimbursement of unpaid charges for water service furnished initially from the person who incurred the charges.
(c) Except as otherwise provided in subsection (e) of this Code section, a public or private water supplier shall not impose a lien against real property to secure unpaid charges for water furnished unless the owner of such real property is the person who incurred the charges.
(d) A public or private supplier of gas, sewerage service, or electricity shall not impose a lien against real property to secure unpaid charges for gas, sewerage service, or electricity unless the owner of such real property is the person who incurred the charges.
(e) A public or private water supplier may, if authorized by local Act:
(1) Refuse to furnish water to the owner of single family or multifamily residential property for unpaid service charges by a prior owner, prior occupant, or prior lessee; and
(2) Impose liens to secure unpaid service charges incurred by a prior owner, prior occu pant, or prior lessee.
The amount of such unpaid service charges which the present owner, occupant, or lessee of such property may be required to pay to obtain service and the amount of any lien for such unpaid service charges shall not exceed an amount equal to two months' charges averaged over the latest twelve months of prior ownership, prior occupancy, or prior tenancy.
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 Dean of the 31st offered the following amendment:
Amend the Dean substitute to HB 862 by:
Amending on line 30, page 2, delete period (.) and add the following phrase, "provide that the public or private water supplier is otherwise now authorized by law to do so."
On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Broun of 46th Brown of 26th
PCo,lyeman Dean Egan Farrow

Guhl Hemmer Henson
Madden Marable Oliver Parrish

Ragan of llth Robinson Scott
Slotin Taylor Thomas Turner

Those voting in the negative were Senators:

Alien Balfour Baugh Blitch Boshears Bowen Burton Cheeks Crotts Day

Edge Gillis Glanton Gochenour Hill Hooks Huggins Isakson Kemp Langford of 29th

McGuire Newbill Perdue Pollard Ralston Ray Starr Thompson Tysinger Walker

THURSDAY, MARCH 3, 1994

1247

Those not voting were Senators:

Harbison

Middleton

Langford of 35th (excused)

Ragan of 32nd

On the adoption of the amendment, the yeas were 22, nays 30, and the Dean amend ment to the Dean substitute was lost.
On the adoption of the substitute, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Brown of 26th gDgeaann
Guhl

Harbison Henson M, arable
Oliver

Parrish Scott S_,lotm.
Thomas

Those voting in the negative were Senators:

Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Burton Cheeks
Coleman Crotts Day Edge

Farrow Gillis Glanton Gochenour Hemmer
Hooks Huggins Isakson Kemp Langford of 29th Madden McGuire

Newbill Perdue Pollard Ragan of llth Ralston Ray Robinson Starr Taylor Thompson Turner Tysinger Walker

Those not voting were Senators: Langford of 35th (excused) Middleton

Ragan of 32nd

On the adoption of the substitute, the yeas were 13, nays 40, and the Dean substitute was lost.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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JOURNAL OF THE SENATE

Hemmer Hill Hooks "ufins Isakson Kemp
Langford of 29th Madden

Marable McGuire Newbill ,live, r Perdue Pollard
Ragan of llth Ralston

Ray Robinson Starr Thompson
r Turner
Tysinger Walker

Those voting in the negative were Senators:

Abernathy Egan Guhl Henson

Parrish Ragan of 32nd Scott

Slotin Taylor Thomas

Not voting were Senators Langford of 35th (excused) and Middleton.

On the passage of the bill, the yeas were 44, nays 10.

The bill, having received the requisite constitutional majority, was passed.
The following bill was taken up to consider House action thereto:
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.

The House amendment was as follows:
Amend the Senate substitute to HB 690 by striking on line 24 page 13 "15" and in serting therein "5"
Senator Cheeks of the 23rd moved that the Senate disagree to the House amendment.
On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate disagreed to the House amendment to the Senate substitute to HB 690.
The Calendar was resumed.

HB 1486. By Representative Lane of the 55th:

A bill to amend Code Section 40-8-76.1 of the Official Code of Georgia Anno tated, relating to the use of safety belts in passenger vehicles, so as to provide that the term passenger vehicle includes pickup trucks or vehicles equipped for off-road use.

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

Brown of 26th Burton Cheeks Clay Coleman Crotts Day

Dean Edge Farrow Gillis Glanton Gochenour Guhl

THURSDAY, MARCH 3, 1994

1249

Harbison Hemmer Henson
** m Huins
"8 Kemp Madden Marable

McGuire Middleton Newbill
Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd

Ralston Ray Robinson
Slotin Taylor Thompson Turner Tysinger Walker

Those not voting were Senators:

Broun of 46th

Langford of 29th

Egan

Scott

Langford of 35th (excused)

Starr Thomas

On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has adopted by the requisite constitutional majority the following resolution of the House:

HR 1067. By Representative Murphy of the 18th: A resolution relative to adjournment.

The following resolution of the House was read and put upon its adoption:

HR 1067. By Representative Murphy of the 18th:
A resolution relative to adjournment that the General Assembly shall adjourn at 5:00 P.M. on Friday, March 4, 1994, and reconvene on Monday, March 7, 1994.

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 Day Dean Edge

Egan Gillis Glanton Gochenour Guhl Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Madden Marable McGuire

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

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JOURNAL OF THE SENATE

Those not voting were Senators:

Broun of 46th

Langford of 29th

Farrow

Scott

Langford of 35th (excused) Starr

Thomas Walker

On the adoption of the resolution, the yeas were 48, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
The Calendar was resumed.
HB 1489. By Representatives Johnson of the 153rd, Culbreth of the 132nd, Royal of the 164th and Ladd of the 59th:
A bill to amend Code Section 48-8-89 of the Official Code of Georgia Annotated, relating to certificates governing the distribution of the proceeds of the joint county and municipal sales and use tax, so as to provide for the expiration of such certificates and for their renegotiation and filing.
Senate Sponsor: Senator Perdue of the 18th.
The Senate Finance & Public Utilities Committee offered the following substitute to HB 1489:
A BILL
To be entitled an Act to amend Code Section 48-8-89 of the Official Code of Georgia Annotated, relating to certificates governing the distribution of the proceeds of the joint county and municipal sales and use tax, so as to provide for the expiration of such certifi cates and for their renegotiation and filing; to provide for renegotiation criteria; to provide for methods of conflict resolution; to provide for termination of the tax and distribution of proceeds; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 48-8-89 of the Official Code of Georgia Annotated, relating to certificates governing the distribution of the proceeds of the joint county and municipal sales and use tax, is amended by striking subsection (b) and inserting in its place a new subsection (b) to read as follows:
"(b) It is the intent of the General Assembly that no initial agreement as to the distri bution of the proceeds of the tax shall enrich any political subdivision beyond a sum which in the absence of the distribution would be raised through other sources of revenue. The distribution shall be in accordance with a certificate which shall be executed in behalf of each respective governing authority, except as otherwise provided in this subsection, and which shall encompass all respective political subdivisions, shall be filed with the commis sioner, and shall specify by percentage that portion of the remaining proceeds of the tax available for distribution which each such political subdivision shall receive. On or after July 1, 1995, the distribution of proceeds of the tax as specified in the certificate shall be based upon, but not be limited to, the following criteria:
(1) The service delivery responsibilities of each political subdivision to the population served" by the political jurisdiction and served during normal business hours, conventions, trade shows, athletic events and the inherent value to a community of a central business district and the obligation of all residents of the county for the maintenance and prosperity of the central business district;

THURSDAY, MARCH 3, 1994

1251

(2) The service delivery responsibilities of each political subdivision to the resident pop

ulation of the subdivision;

"

(3) The existing service delivery responsibility of each political subdivision;

(4) The effect of a change in sales tax distribution on the ability of each political subdi vision to meet its short-term and long-term debt;

(5) The point of sale and use which generates the tax to be apportioned;

(6) The existence of intergovernmental agreements among and between the political subdivisions;

(7) The use by any political subdivision of property taxes and other revenues from some taxpayers to subsidize the cost of services provided to other taxpayers of the levying subdi vision; anc!

(8) Prior to the consideration of the above criteria, the city or cities within the special district and the county within the special district shall jointly develop a unified and coordi nated plan of service delivery and financing upon which the renegotiated certificate shall be based.

Notwithstanding the fact that a certificate shall not contain an execution in behalf of one or more qualified municipalities within the special district, if the combined total of the populations of all such absent municipalities is less than one-half of the aggregate popula tion of all qualified municipalities located within the special district, the submitting political subdivisions shall, in behalf of the absent municipalities, specify a percentage of that por tion of the remaining proceeds which each such municipality shall receive, which percentage shall not be less than that proportion which each absent municipality's population bears to the total population of all qualified municipalities within the special district multiplied by that portion of the remaining proceeds which are received by all qualified municipalities within the special district. For the purpose of determining the population of the absent municipalities, only that portion of the population of each such municipality which is lo cated within the special district shall be computed. No certificate may contain a total of specified percentages in excess of 100 percent. The certificate shall be filed with the commis sioner by March 1, 1980, for those special districts in which the tax authorized by this arti cle is being levied on January 1, 1980. For all other special districts in which the tax shall be imposed subsequent to January 1, 1980, the certificate shall be filed with the commissioner within 60 days after the tax is imposed within the district. The commissioner shall continue to distribute the proceeds of the tax as otherwise provided in this Code section until the first dey of the next calendar year following the month in which the commissioner receives a certificate as provided in this Code section, which certificate shall provide other percentages upon which the commissioner shall make the distribution to the political subdivisions enti tled to the proceeds of the tax. At such time, the commissioner shall thereafter distribute the proceeds of the tax in accordance with the directions of the certificate."

Section 2. Said Code section is further amended by adding a new subsection at the end thereof, to be designated subsection (d), to read as follows:

"(d) (1) Except as otherwise provided in paragraph (7) of this subsection, a certificate providing for the distribution of the proceeds of the tax authorized by this article shall expire on December 31 of the second year following the year in which the decennial census is conducted. No later than December 30 of the second year following the year in which the census is conducted, a renegotiated certificate meeting the requirements for certificates specified by subsection (b) of this Code section shall be filed with and received by the com missioner. The General Assembly recognizes that the requirement for government services is not always in direct correlation with population. Although a renegotiated certificate is re quired within a time certain of the decennial census, this requirement is not meant to con vey an intent by the General Assembly that population as a criterion should be more heavily weighted than other criteria. It is the express intent of the General Assembly in requiring such renegotiation that eligible political subdivisions shall analyze local service delivery re sponsibilities and the existing allocation of proceeds made available to such governments

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JOURNAL OF THE SENATE

under the provisions of this article and make rational the allocation of such resources to meet such service delivery responsibilities. Political subdivisions in their renegotiation of such distributions shall at a minimum consider the criteria specified in subsection (b) of this Code section.
(2) The commissioner shall be notified in writing of the commencement of renegotiation proceedings by the county governing authority in behalf of all eligible political subdivisions within the special district. The eligible political subdivisions shall commence renegotiations at the call of the county governing authority but no later than July 1 of the second year following the year in which the census is conducted. If the county governing authority does not issue the call by that date, any eligible municipality may issue the call and so notify the commissioner.
(3) Following the commencement of such renegotiation, if the parties fail to reach an agreement within 60 days, such parties shall agree to submit the dispute to nonbinding arbitration, mediation, or such other means of resolving conflicts in a manner which, in the judgment of the commissioner, reflects a good faith effort to resolve the dispute. Any rene gotiation agreement reached pursuant to this paragraph shall be in accordance with the requirements specified in paragraph (1) of this subsection.
(4) If the renegotiated certificate provided for in paragraph (1) of this subsection is not received by the commissioner by the required date, the authority to impose the tax author ized by Code Section 48-8-82 shall cease on December 31 of the second year following the year in which the decennial census is conducted and the tax shall not be levied in the spe cial district after such date unless the reimposition of the tax is subsequently authorized pursuant to Code Section 48-8-85. When the imposition of the tax is so terminated, the commissioner shall retain the proceeds of the tax which were to be distributed to the gov erning authorities of the county and qualified municipalities within the special district until the commissioner receives a certificate in behalf of each such governing authority specifying the percentage of the proceeds which each such governing authority shall receive. If no such certificate is received by the commissioner within 120 days of the date on which the author ity to levy the tax was terminated, the proceeds shall escheat to the state and the commis sioner shall transfer the proceeds to the state's general fund.
(5) If the commissioner receives the renegotiated certificate by the required date, the commissioner shall distribute the proceeds of the tax in accordance with the directions of the renegotiated certificate commencing on January 1 of the year immediately following the year in which such certificate was renegotiated or the first day of the second calendar month following the month such certificate was renegotiated, whichever is sooner.
(6) Costs of any conflict resolution under paragraph (3) of this subsection shall be borne proportionately by the affected political subdivisions in accordance with the final percentage distributions of the proceeds of the tax as reflected by the renegotiated certificate.
(7) All distribution certificates on file with the commissioner on July 1, 1994, which were not renegotiated in accordance with the 1990 decennial census figures or renegotiated on or after January 1, 1992, shall expire on December 31, 1995. Renegotiations with respect to such certificates shall be commenced in accordance with the requirements of this subsec tion on or before July 1, 1994. If a renegotiated certificate is not received by the commis sioner by July 1, 1995, the authority to impose the tax authorized by Code Section 48-8-82 shall cease on December 31, 1995, and the tax shall not be levied in the special district after that date unless reimposition of the tax is subsequently authorized pursuant to Code Sec tion 48-8-85. The commissioner shall retain and distribute the proceeds of such terminated tax in accordance with paragraph (4) of this subsection.
(8) No qualified municipality within the special district whose population is less than 5 percent of the population in the special district according to the United States decennial census of 1990 or any future such census shall receive less distribution than presently being received under the existing certificate prior to renegotiations required in paragraph (7) of this subsection unless the new agreement is executed by the qualified municipality.

THURSDAY, MARCH 3, 1994

1253

(9) Political subdivisions shall be authorized, at their option, to renegotiate distribution certificates on a more frequent basis than is otherwise required under this subsection.
(10) No provision of this subsection shall apply to any county which is authorized to levy or which levies a local sales tax, local use tax, or local sales and use tax for educational purposes pursuant to a local constitutional amendment or to any county which is authorized to expend all or any portion of the proceeds of any sales tax, use tax, or sales and use tax for educational purposes pursuant to a local constitutional amendment."
Section 3. This Act shall become effective on July 1, 1994.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Senator Perdue of the 18th offered the following amendment:
Amend the committee substitute to HB 1489 by striking lines 31 - 34 on page 7 and lines 1 - 6 on page 8 and inserting in lieu thereof the following:
"(8) No qualified municipality within the special district whose population is less than 5 percent of the population in the special district according to the United States decennial census of 1990 shall receive fewer dollars than presently being received under the existing certificate prior to renegotiations required in paragraph (7) of this subsection unless the new agreement is executed by the qualified municipality. This paragraph shall apply only to the negotiations required by paragraph (7) of this subsection and shall not apply to any subse quent renegotiations required by this subsection."
On the adoption of the amendment, the yeas were 36, nays 0, and the amendment to the committee substitute was adopted.
Senator Newbill of the 56th offered the following amendment:
Amend the committee substitute to HB 1489 by inserting before the word "AH" on line 13 of page 7 the designation "(A)".
By adding between lines 30 and 31 of page 7 the following:
"(B) Nothing in this paragraph (7) shall apply to any county, or any special district conterminous with a county, in which the proceeds of the tax are as of January 1, 1994, being distributed in accordance with a court order entered on or after January 1, 1991. The first required renegotiation for such a county or special district under this subsection, as well as the first application of the criteria specified in subsection (b) of this Code section, shall take place following the United States decennial census for the year 2000, as provided for in the other paragraphs of this subsection."
On the adoption of the amendment, the yeas were 36, nays 0, and the amendment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th

Brown of 26th Burton Cheeks Clay Coleman Crotts Day Dean

Edge Egan Gillis Glanton Gochenour Guhl Harbison Hemmer

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JOURNAL OF THE SENATE

Henson Hill Hook? HIMsauakp dsdoennns Marable McGuire Middleton

Newbill Oliver Parrish PP_oerl,,ldaured, Ragan of llth Ragan of 32nd Ralston

Those not voting were Senators:

Farrow

Langford of 29th

Kemp

Scott

Langford of 35th (excused)

Ray Robinson Slotin TTahyo' lmoras Thompson Turner Tysinger
Starr 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 1201. By Representative Wall of the 82nd:
A bill to amend Code Section 16-11-129 of the Official Code of Georgia Anno tated, relating to licenses to carry a pistol or revolver and temporary renewal permits, so as to prohibit the issuance of a license to carry a pistol or revolver to any person who has been convicted of a felony and who has not been pardoned for such felony.
Senate Sponsor: Senator Boshears of the 6th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Gillis Glanton Gochenour Guhl Harbison Hemmer Henson Hill HHouogkgsins
Isakson
Kemp Madden
Marable
McGuire Middleton

Newbill Parrish Pollard Ragan of llth Ragan of 32nd Ralston R **. Rloobti'nnson
Taylor
Thomas Thompson
Turner
Tysinger Walker

Those not voting were Senators:

Cheeks Dean Egan

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

Perdue Scott Starr

THURSDAY, MARCH 3, 1994

1255

On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 1451. By Representatives Martin of the 47th, Lane of the 55th, Buck of the 135th and others:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Au thority Act of 1965," so as to provide that the interest income from certain re serve funds may be used to pay operating costs until June 30, 1997.
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 Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Clay Coleman Crotts Day Edge Egan

Farrow Gillis Glanton Gochenour Guhl Harbison Hemmer Henson Hill Hooks Huggins Isakson Madden Marable McGuire Middleton

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

Those not voting were Senators:

Cheeks Dean Kemp

Langford of 35th (excused) Scott

Langford of 29th

Starr

Perdue

Taylor

On the passage of the bill, the yeas were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 913. By Representative Lane of the 55th:
A bill to amend an Act providing in Fulton County a system for pension and retirement pay to the teachers and employees of the Board of Education of Fulton County, so as to add a definition; to provide for period of service in order to qualify; to provide for the pension to be received; to provide for computation of benefits.
Senate Sponsor: Senator Abernathy of the 38th.

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JOURNAL OF THE SENATE

The following Fiscal Notes, as required by law, were read by the Secretary:

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

October 28, 1993

Honorable Bill Cummings, Chairman Retirement Committee House of Representatives State Capitol, Room 402 Atlanta, Georgia 30334

SUBJECT: Actuarial Investigation House Bill 913 (LC 21 2463S) Fulton County School Employees Pension Fund

Dear Representative Cummings:

This bill provides that members of the Fulton County School Employees Pension Fund (FCSEPF) may receive pension benefits without regard to age if they have served 30 years. The bill further states that no person entitled to this benefit shall receive less than $17 a month times the years of service of the individual, not to exceed 40 years of service and that the members are not required to provide beneficiary coverage for a surviving spouse or mi nor child. The bill also states that if the benefit payable to an eligible person, who became a member of the Teachers Retirement System, is less under the Teachers Retirement System than if would have been under the FCSEPF, had the membership continued, then the FC SEPF shall pay to the retired eligible person an additional benefit to equal the amount of the benefit under FCSEPF had the membership continued. This benefit is only available if the eligible person shall have timely paid to the FCSEPF all amounts which the eligible person would have paid if he or she had continued to be a member of the fund less the amounts actually paid to the Teachers Retirement System.

The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actu arial assumptions and methods.

(1) The amount of unfunded actuarial accrued liability which will re

sult from the bill.

$

75,000

(2) The amount of annual normal cost which will result from the bill. $ (10,000)

(3) The employer contribution rate currently in effect.

7.21%

(4) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10).

4.99%

(5) The dollar amount of the increase in the annual employer contribu

tion which is necessary to maintain the retirement system in an ac-

tuarially sound condition.

$

0

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.

Sincerely,

/s/ Claude L. Vickers State Auditor

THURSDAY, MARCH 3, 1994

1257

Deloitte & Touche September 9, 1993

The Honorable Claude L. Vickers State Auditor Department of Audits 254 Washington Street, Room 214 Atlanta, Georgia 30334

RE: House Bill 913 LC 21 2463S

Dear Mr. Vickers:

As requested, we have made an actuarial investigation of the impact of House Bill 913 LC 21 2463S on the Fulton County Board of Education Pension Fund in accordance with the requirements of Code Section 47-20-36.

This bill would change the definition of credit service when less than nine months of service is rendered during any fiscal year to be the number of months of service completed divided by nine. In addition, the bill would provide for retirement to participants with 30 years of service regardless of age, and establish a minimum benefit of $17.00 a month per year of service, not to exceed 40 years. The minimum pension payable to a beneficiary of such a person shall be 70% of the pension being received by the employee, and all cost-ofliving increases would be based on the pension benefit the participant would receive without regard to the $17.00 minimum. The bill also removes all mandatory beneficiary coverage for a surviving spouse or minor child, and allows the pension awarded to a surviving spouse to continue for the life of said spouse without regard to remarriage. Finally, the bill permits continuation of membership in FCSEPF for employees who transfer to TRS after July 1, 1988, for purposes of calculating pension benefits.

The costs of this proposed legislation would be $65,000 in the first year. The increase in unfunded actuarial accrued liability would be $75,000. The participant data and assump tions used in determining the effect of the changes are the same as those used in the June 30, 1992 actuarial valuation, a copy of which is enclosed.

The following table reflects the unfunded actuarial accrued liability and recommended employer contribution before and after the proposed legislation. The recommended em ployer contribution rate is in conformity with all minimum funding standards specified by Code Section 47-20-10. All amounts are in $ thousands.

Unfunded Actuarial Accrued Liability

Before Legislation
$93,236

After Legislation
$93,311

Increase Due to Legislation
$75

Annual Contribution

%

Amount %

Amount %

Amount

Normal Cost Accrued Liability

1.35% $1,684 1.34% $1,674 (0.01%)

($10)

3.59% $4,484 3.65% $4,559 0.06%

$75

Employer Contribution Rate Currently in Effect
Employer Contribution Rate Recommended Due to Minimum Funding Standards

6.81% 4.94%

$8,500 7.21% $6,168 4.99%

$9,000 0.4% $6,233 0.05%

$5.00 $65

The net increase in the Recommended Employer Contribution results from the cost of provisions which increase the annual contribution as well as the cost of one provision which decreases the annual contribution. The correlation between the change in normal cost and the change in accrued liability varies by plan provision. In particular, the increase in ac crued liability is greater than the increase in the normal cost for the provision containing the $17 minimum benefit. The decreases in normal cost and accrued liability are closer in

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JOURNAL OF THE SENATE

proportion for the provision allowing removal of the mandatory coverage requirement. The net effect is a decrease in normal cost and an increase in accrued liability.
Section 6 of the bill provides travel allowances for Pension Board members for the pur pose of attending board meetings. The cost of this provision is not included in the above estimates. However, we believe that its cost would be insignificant.
Please feel free to call me at (612) 397-4027 if you have any questions.
Sincerely,
M F. Jay Lingo, FSA Principal

DEPARTMENT OF AUDITS 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400
February 17, 1994
The Honorable Bill Cummings, Chairman House Retirement Committee State Capitol, Room 402 Atlanta, Georgia 30334
SUBJECT: State Auditor's Certification House Bill 913 (LC 21 2761S) Fulton County School Employees Pension Fund
Dear Representative Cummings:
This substitute bill provides that members of the Fulton County School Employees Pension Fund (FCSEPF) entitled to this benefit shall not receive less than $17 a month times the years of service of the individual, not to exceed 40 years of service and that the members are not required to provide beneficiary coverage for a surviving spouse or minor child. The bill also states that if the benefit payable to an eligible person, who became a member of the Teachers Retirement System, is less under the Teachers Retirement System than if would have been under the FCSEPF, had the membership continued, then the FC SEPF shall pay to the retired eligible person an additional benefit to equal the amount of the benefit under FCSEPF had the membership continued. This benefit is only available if the eligible person shall have timely paid to the FCSEPF all amounts which the eligible person would have paid if he or she had continued to be a member of the fund less the amounts actually paid to the Teachers Retirement System.
This is to certify that this substitute bill is a nonfiscal amendment of a retirement bill having a fiscal impact as defined in the Public Retirement Systems Standards Law. The actuarial investigation for LC 21 2463S would also apply to this substitute version of House Bill 913 (LC 21 2761S).
Sincerely,
M 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 Boshears Bowen

Brown of 26th Burton Cheeks

THURSDAY, MARCH 3, 1994

1259

Clay Coleman Crotts Dean Edge Farrow Gillis Glanton Gochenour Harbison Hemmer Henson Hill

Hooks Isakson Madden Marable McGuire Middleton Newbill Oliver Parrish Pollard Ragan of llth Ragan of 32nd

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

Voting in the negative were Senators Egan and Guhl.

Those not voting were Senators:

Blitch Broun of 46th Day

Huggins Kemp Langford of 35th (excused)

Langford of 29th Perdue

On the passage of the bill, the yeas were 46, nays 2. The bill, having received the requisite constitutional majority, was passed.

HB 1192. By Representative Greene of the 158th:
A bill to amend Code Section 21-3-60 of the Official Code of Georgia Annotated, relating to terms of municipal officers elected in 1989, 1990, 1991, and 1992 and offices with terms of four years or greater, so as to provide for terms of office of municipal officers who were elected in 1988 for terms of office of six years.
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:

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

Gillis Glanton Gochenour Guhl Harbison Hemmer Henson Hill Hooks Huggins Isakson Marable McGuire Middleton Newbill Oliver

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

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Those not voting were Senators:

Alien Broun of 46th Cheeks

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

Madden Perdue Thomas

On the passage of the bill, the yeas were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senators Taylor of the 12th and Hooks of the 14th introduced the doctor of the day, Dr. Van Cise Knowles of Albany, Georgia.
The Calendar was resumed.
HB 1195. By Representative Watson of the 139th: 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 require vendors selling or offering for sale certain personal property at flea markets and nonregistered ven dors to maintain certain records.
Senate Sponsor: Senator Tysinger of the 41st.
The Senate Science, Technology and Industry Committee offered the following substi tute to HB 1195:
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 require vendors selling or offering for sale certain personal property at flea markets and nonregistered vendors to maintain certain records; to define certain terms; to provide for requirements for such records; to require records to be maintained for certain periods; to provide for inspection of records by law enforcement officers; to provide for applicability; to provide exceptions; to provide for penalties; to provide for local ordinances and resolutions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, is amended by adding following Article 14 a new Article 14A to read as follows:
"ARTICLE 14A
10-1-360. (a) As used in this Code section, the term:
(1) (A) 'Flea market' means any event:
(i) At which two or more persons offer personal property for sale or exchange; and
(ii) At which a fee is charged for the privilege of offering of displaying personal property for sale or exchange; or
(iii) At which a fee is charged to prospective buyers for admission to the area where personal property is offered or displayed for sale or exchange; or
(iv) Regardless of the number of persons offering or displaying personal property or the absence of fees, at which used personal property is offered or displayed for sale or exchange if the event is held more than six times in any 12 month period.
(B) The term 'flea market' is interchangeable with and applicable to 'swap meet,' 'in door swap meet,' or other similar terms regardless of whether these events are held inside a building or outside in the open. The primary characteristic is that these activities involve a

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series of sales sufficient in number, scope, and character to constitute a regular course of business.
(C) The term 'flea market' shall not mean and shall not apply to:
(i) An event which is organized for the exclusive benefit of any community chest, fund, foundation, association, or corporation organized and operated for religious, educational, or charitable purposes, provided that no part of any admission fee or parking fee charged ven dors or prospective purchasers or the gross receipts or net earnings from the sale or ex change of personal property, whether in the form of a percentage of the receipts or earnings, as salary, or otherwise, inures to the benefit of any private shareholder or person participat ing in the organization or conduct of the event; or
(ii) Any event at which all of the personal property offered for or displayed is new, and all persons selling, exchanging, or offering or displaying personal property for sale or ex change are manufacturers or licensed retail or wholesale merchants.
(2) 'Nonregistered vendor' means a person who, without a certificate of registration is sued by the state revenue commissioner pursuant to Chapter 8 of Title 48, engages in the retail sale of personal property to the general public.
(3) 'Used personal property' includes personal property which has previously been sold or delivered to a retailer prior to being acquired by a vendor when vendor's cost exceeds $50.00 per item.
(4) 'Vendor' means a person who engages in the retail sale of personal property at a flea market.
(b) Every nonregistered vendor and vendor shall maintain a permanent record book in which shall be entered in ink and in legible English at the time any property is acquired for the purpose of retail sale:
(1) The date of the transaction;
(2) The name, age, and address of the person, corporation, or entity from whom the property was acquired, a description of the general appearance of any such person, and the distinctive number from such person's driver's license or other similar identification card;
(3) An identification and description of the property acquired including, if reasonably available, the serial, model, or other number and all identifying marks inscribed thereon;
(4) The price paid for such property; and
(5) The signature of the seller.
All entries shall appear in ink and shall be in chronological order. No blank lines may be left between entries. No obliterations, alterations, or erasures may be made. Corrections shall be made by drawing a line of ink through the entry without destroying the legibility. Such record book shall be open to the inspection of any law enforcement officer during the ordinary hours of business or at any reasonable time.
(c) The record of each purchase transaction provided for in this Code section shall be maintained for a period of not less than two years and shall be kept by the nonregistered vendor or vendor and made available during any period at which such person is open for business or is offering property for sale.
(d) Any nonregistered vendor or vendor required to maintain a record book under the provisions of this Code section who shall:
(1) Fail to make an entry of any material matter in his or her permanent record book;
(2) Make any false entry therein;
(3) Falsify, obliterate, destroy, or remove such record book from his or her place of business during any time such record book is required to be present;
(4) Refuse to allow any law enforcement officer to inspect his or her permanent record

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book or any goods or property in his or her possession during the ordinary hours of business or at any reasonable time; or
(5) Fail to maintain the records required by this Code section for at least two years shall be guilty of a misdemeanor.
(e) This Code section shall apply to property purchased or acquired on or after July 1, 1994.
10-1-361. This article shall not apply to the following:
(1) The sale of a motor vehicle or trailer required to be registered or subject to a certifi cate of title law of this state;
(2) The sale of food products, agricultural products, or forestry products;
(3) Business conducted at any industry or association trade show;
(4) The sale of arts or crafts by the person who produced such arts or crafts.
10-1-362. Nothing in this article shall prohibit ordinances or resolutions by counties and municipal corporations which provide regulations that are as stringent or more stringent than the requirements of this article."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
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 Dean Edge

Egan Farrow Glanton Gochenour Guhl Harbison Henson Hill Huggins Isakson Madden Marable McGuire Middleton Newbill Oliver

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

Those not voting were Senators:

Broun of 46th Gillis Hemmer

Hooks Kemp Langford of 35th (excused)

Langford of 29th 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.

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HB 912. By Representatives Dixon of the 168th, Scoggins of the 24th, Golden of the 177th and Atkins of the 29th:
A bill to amend Code Section 3-9-11 of the Official Code of Georgia Annotated, relating to license to provide in-room service by hotels, so as to provide that distilled spirits provided by in-room service shall not be sold in packages con taining less than 50 milliliters each.
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 Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Dean Egan

Farrow Gillis
Glanton Gochenour Guhl Harbison Henson Hooks Isakson Kemp Madden Marable McGuire Newbill

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

Those voting in the negative were Senators:

Day

Middleton

Ralston

Those not voting were Senators:

Abernathy Edge Hemmer Hill

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

Taylor Thomas Walker

On the passage of the bill, the yeas were 43, nays 3. The bill, having received the requisite constitutional majority, was passed.
HB 1514. By Representatives Stephenson of the 25th, Scoggins of the 24th, Mobley of the 86th and others: A bill to create the Upper Oconee Basin Water Authority. Senate Sponsor: Senator Broun of the 46th.
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 Burton Cheeks Clay Coleman Crotts Day Dean Edge Egan

Farrow Gillis Glanton Gochenour Guhl Harbison Henson Hill Hooks Huggins Isakson Kemp Madden Marable McGuire Newbill

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

Those not voting were Senators:

Brown of 26th

Langford of 29th

Hemmer

Middleton

Langford of 35th (excused)

Perdue Thompson

On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 1333. By Representatives Snow of the 2nd, Murphy of the 18th, Parham of the 122nd and others:
A bill to amend Code Section 35-2-12 of the Official Code of Georgia Annotated, relating to participation in or contribution to political campaigns by employees of the Department of Public Safety, so as to provide for an exception; to authorize employees of the department to offer for and hold elective office as a member of a county governing authority, a member of a county or independent board of education.
Senate Sponsor: Senator Cheeks of the 23rd.
Senator Cheeks of the 23rd offered the following amendment:
Amend HB 1333 by striking line 5 of page 1 and inserting the following:
"political campaigns by employees of the".
By striking lines 12 through 20 of page 1 and inserting the following:
"amended by striking Code Section 35-2-12 and inserting in lieu thereof a new Code section to read as follows:
'35-2-12. (a) No person in the employ of the department shall take any part in the management, affairs, or political campaign of any candidate for public office, except each employee shall have the fight aa a citizen to express his opinion and to cast hia vote.
{b) No person in the employ of the department shall, either directly or indirectly, con tribute any money or any other thing of value to any person, organization, or committee for political campaign or election in county or state primaries or general elections.

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(c) Any employee of the department found to have violated this Code acetion ahall be terminated from the department.' "
By striking lines 1 through 5 of page 2.
Senator Cheeks of the 23rd asked unanimous consent that the amendment be withdrawn.
The consent was granted and the amendment was withdrawn.
Senator Cheeks of the 23rd offered the following amendment:
Amend HB 1333 by striking lines 6 through 8 of page 2 in their entirety and inserting in lieu thereof the following:
"Section 2. This Act shall become effective January 1, 1995.".
On the adoption of the amendment, the yeas were 31, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Bowen Broun of 46th Brown of 26th Cheeks Coleman Egan Farrow Gillis

Harbison Hemmer Henson Hill Hooks Huggins Langford of 29th Madden Marable Middleton Oliver

Parrish Perdue Pollard Ragan of llth Ray Robinson Scott Slotin Starr Thomas Walker

Those voting in the negative were Senators:

Blitch Boshears Burton Clay Crotts Day

Edge Glanton Gochenour Guhl Isakson McGuire

Newbill Ragan of 32nd Taylor Turner Tysinger

Those not voting were Senators:

Dean Kemp

Langford of 35th (excused) Ralston

Thompson

On the passage of the bill, the yeas were 34, nays 17. The bill, having received the requisite constitutional majority, was passed as amended.

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The following bill was taken up to consider House action thereto:

HB 1196. By Representatives Lee of the 94th, Buckner of the 95th, Bailey of the 93rd and others:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization and review and appeal of ad valorem tax assessments, so as to provide for conditions under which valuations estab lished on appeal can be changed for subsequent taxable years.
Senator Starr of the 44th moved that the Senate insist on its substitute to HB 1196.

On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate insisted on its substitute to HB 1196.
The Calendar was resumed.

HR 773. By Representative James of the 140th: A resolution designating the Herbert A. Saliba Bridge. Senate Sponsor: Senator Hooks of the 14th.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch Boshears Bowen 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 29th Madden Marable McGuire Middleton Newbill

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

Those not voting were Senators:

Broun of 46th Clay

Guhl Langford of 35th (excused)

Ralston

On the adoption of the resolution, the yeas were 51, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

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HB 1619. By Representatives Patten of the 176th, Barfoot of the 155th, Floyd of the 172nd and Dobbs of the 92nd:
A bill to amend Chapter 13 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Underground Storage Tank Act," so as to define and redefine cer tain terms; to provide for inspections of sites by contractors or agents of the Department of Natural Resources; to permit the director immediately to issue emergency orders for corrective action without awaiting the concurrence of the governor.
Senate Sponsor: Senator Edge of the 28th.

The Senate Natural Resources Committee offered the following amendment: Amend HB 1619 by striking on lines 24 and 25 of page 16 the following:
"the all property of owners and operators until funds are paid and on", and by inserting in lieu thereof the following:
"the property of owners and operators until funds arc paid". 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:

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

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

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

Those not voting were Senators:

Baugh Broun of 46th

Kemp Langford of 35th (excused)

Ragan of llth Thomas

On the passage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Ray of the 19th moved that the Senate do now adjourn until 9:00 A.M. to morrow; the motion prevailed, and the President announced the Senate adjourned at 12:12 P.M.

Journal of the Senate 1994 continued in Volume Two. Volume Two has the complete index for both Volume One and Volume Two.